This Agreement ("Agreement") is made and entered into by and between you, the undersigned contractor ("CONTRACTOR"), an independent contractor engaged in the business of performing the delivery services contemplated by this Agreement, and IME, Inc. ("IMOVED" or "COMPANY"). This Agreement will become effective on the date it is accepted regardless of whether you are eligible to, or ever do, perform any Contracted Services.
IMPORTANT PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR,REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION XI, AS IT REQUIRES THE PARTIES (UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION XI, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED, INCLUDING BUT NOT LIMITED TO CONSULTING AN ATTORNEY, TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.
THE PARTIES
IMOVED is a company that provides an online marketplace connection using web-based technology that connects contractors and consumers ("IMOVED platform" or "platform"). IMOVED's software permits registered users to place orders for moving goods from one location to another location. Once such orders are made, IMOVED software notifies contractors, otherwise known as MOVERS, that a delivery opportunity is available and the IMOVED software facilitates completion of the delivery. IMOVED is not a trucking, moving, or goods delivery service.
CONTRACTOR is an independent provider of delivery or moving services, authorized to conduct said services contemplated by this Agreement in the geographic location(s) in which CONTRACTOR operates. CONTRACTOR possesses all equipment and personnel necessary to perform the delivery services contemplated by this Agreement in accordance with applicable laws. CONTRACTOR desires to enter into this Agreement for the right to receive delivery opportunities made available through IMOVED'S platform. CONTRACTOR understands and expressly agrees that he/she is not an employee of IMOVED and that he/she providing delivery services on behalf of him/herself and his/her business, not on behalf of IMOVED. CONTRACTOR understands (i) he/ she is free to select those times he/she wishes to be available on the platform to receive delivery opportunities; (ii) he/ she is free to accept or reject the opportunities transmitted through the IMOVED platform by consumers, and can make such decisions to maximize his/her opportunity to profit; and (iii) he/she has the sole right to control the manner in which deliveries are performed and the means by which those deliveries are completed.
In consideration of the above, as well as the mutual promises described herein, IMOVED and CONTRACTOR (collectively "the parties") agree as follows:
I. PURPOSE OF THE AGREEMENT
1. This Agreement governs the relationship between IMOVED and CONTRACTOR, and establishes the parties' respective rights and obligations. In exchange for the promises contained in this Agreement, CONTRACTOR shall have the right and obligation to perform the "Contracted Services" as defined herein. However, nothing in this Agreement requires CONTRACTOR to perform any particular volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee CONTRACTOR any particular volume of business for any particular time period.
2. CONTRACTOR shall have no obligation to accept or perform any particular "Delivery Opportunity" (as that term is defined herein) offered by IMOVED. However, once a Delivery Opportunity is accepted, CONTRACTOR shall be contractually bound to complete the Contracted Services in accordance with all consumer specifications and the terms laid out in this Agreement.
II. CONTRACTOR'S OPERATIONS
1. CONTRACTOR represents that he/she operates an independently established enterprise that provides delivery services, and that he/she satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services.
2. CONTRACTOR agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. IMOVED shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of pickup, delivery, and route selection.
3. As an independent business enterprise, CONTRACTOR retains the right to perform services (whether delivery services or other services) for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR or IMOVED from doing business with others. IMOVED does not have the right to restrict CONTRACTOR from performing services for other businesses, customers or consumers at any time, even if such business directly competes with IMOVED, and even during the time CONTRACTOR is logged into the IMOVED platform.
4. CONTRACTOR is not required to purchase, lease, or rent any products, equipment or services from IMOVED as a condition of doing business with IMOVED or entering into this Agreement.
5. CONTRACTOR agrees to immediately notify IMOVED in writing at www.imovedapp.com if CONTRACTOR's right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.
III. CONTRACTED SERVICES
1. From time to time, the IMOVED platform will notify CONTRACTOR of the opportunity to complete moving or deliveries of certain goods such as furniture, appliances, merchandise, letters, parcels; for individuals or other businesses in accordance with orders placed by said consumers through the IMOVED platform (each of these is referred to as a "Delivery Opportunity"). For each Delivery Opportunity accepted by CONTRACTOR ("Contracted Service"), CONTRACTOR agrees to pickup and deliver the order in a safe and timely fashion. CONTRACTOR understands and agrees that the parameters of each Contracted Service are established by the consumer, not IMOVED, and represent the end result desired, not the means by which CONTRACTOR is to accomplish the result. CONTRACTOR has the right to cancel, from time to time, a Contracted Service when, in the exercise of CONTRACTOR's reasonable discretion and business judgment, it is appropriate to do so. Notwithstanding the foregoing, CONTRACTOR agrees to maintain both a customer rating and a completion rating defined by The COMPANY as of the effective date of this Agreement. Failure to satisfy this obligation constitutes a material breach of this Agreement, and IMOVED shall have the right to terminate this Agreement and/or deactivate CONTRACTOR'S account.
2. CONTRACTOR acknowledges that IMOVED has discretion as to which, if any, Delivery Opportunity to offer, just as CONTRACTOR has the discretion whether and to what extent to accept any Delivery Opportunity.
3. CONTRACTOR authorizes IMOVED, during the course of a Contracted Service, to communicate with CONTRACTOR, consumer, and/or other business to assist CONTRACTOR, to the extent permitted by CONTRACTOR, in facilitating deliveries. However, under no circumstances shall IMOVED be authorized to control the manner or means by which CONTRACTOR performs delivery services.
4. CONTRACTOR shall invoice IMOVED on a weekly basis and IMOVED agrees to pay all invoices within 10 business days of receipt.
5. In the event CONTRACTOR fails to fully perform any Contracted Service (a "Service Failure") due to CONTRACTOR's action or omission, CONTRACTOR shall forfeit all or part of the agreed upon fee for that service at IMOVED’s discretion . If CONTRACTOR disputes responsibility for a Service Failure, the dispute shall be resolved pursuant to the "Payment Disputes" provision below.
6. CONTRACTOR agrees to immediately notify IMOVED in writing at www.imovedapp.com if CONTRACTOR's services or scope of work differ in any way from what is contemplated in this Section.
IV. RELATIONSHIP OF PARTIES
1. The parties acknowledge and agree that this Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The parties are not employees, agents, joint ventures, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
2. IMOVED shall not have the right to, and shall not, control the manner or the method of accomplishing Contracted Services to be performed by CONTRACTOR. The parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in IMOVED have been inserted solely for the safety of consumers and other CONTRACTORS using the IMOVED platform or to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.
3. IMOVED shall report all payments made to CONTRACTOR on a calendar year basis using an appropriate IRS Form 1099, if the volume of payments to CONTRACTOR qualify. CONTRACTOR agrees to report all such payments and any cash gratuities to the appropriate federal, state and local taxing authorities.
V. PAYMENT FOR SERVICES
1. Unless notified otherwise by IMOVED in writing or except as provided herein, CONTRACTOR will receive payment per accurate Contracted Service completed equal to eighty two point five percent (82.5%) of the agreed amount between the Contractor and Consumer. From time to time, IMOVED may offer opportunities for CONTRACTOR to earn more money for performing Contracted Services at specified times or in specified locations. Nothing prevents the parties from negotiating a different rate of pay, and CONTRACTOR is free to accept or deny any such opportunities to earn a different rate of pay.
2. IMOVED's online credit card software may permit consumers to add a gratuity to be paid to CONTRACTOR, and consumers can also pay a gratuity to CONTRACTOR in cash. CONTRACTOR shall retain 100% of any gratuity paid by the consumer, whether by cash or credit card. IMOVED acknowledges it has no right to interfere with the amount of gratuity given by the consumer to the CONTRACTOR.
3. IMOVED will process payments made by consumers and transmit to CONTRACTOR via direct deposit on a biweekly basis unless it notifies CONTRACTOR otherwise in writing.
4. From time to time, IMOVED may offer various promotions or referral programs. CONTRACTOR agrees that he or she will not manipulate or abuse the referral programs or promotions by, among other things: (a) tampering with the location feature on his or her mobile phone; (b) collecting incentive or promotional pay when not eligible to receive such pay under relevant policies; or, (c) creating multiple mover or consumer accounts. CONTRACTOR understands that engaging in this type of manipulation or abuse constitutes a material breach of this Agreement and may lead to deactivation of his or her account.
VI. PAYMENT DISPUTES
1. CONTRACTOR's Failure: In the event there is a Service Failure, CONTRACTOR shall not be entitled to payment as described above (as determined in IMOVED's reasonable discretion). Any withholding of payment shall be based upon proof provided by the consumer or other business, CONTRACTOR, and any other party with information relevant to the dispute. IMOVED shall make the initial determination as to whether a Service Failure was the result of CONTRACTOR's action/omission. CONTRACTOR shall have the right to challenge IMOVED's determination through any legal means contemplated by this Agreement; however, CONTRACTOR shall notify IMOVED in writing at www.imovedapp.com of the challenge and provide IMOVED the opportunity to resolve the dispute. CONTRACTOR should include any documents or other information in support of his/her challenge.
2. IMOVED's Failure: In the event IMOVED fails to remit payment in a timely or accurate manner, CONTRACTOR shall have the right to seek proper payment by any legal means contemplated by this Agreement and, should CONTRACTOR prevail, shall be entitled to recover reasonable costs incurred in pursuing proper payment, provided, however, CONTRACTOR shall first inform IMOVED in writing at
www.imovedapp.com of the failure and provide a reasonable opportunity to cure it.
VII. EQUIPMENT AND EXPENSES
1. CONTRACTOR represents that he/she has or can lawfully acquire all equipment, including vehicles ("Equipment") necessary for performing contracted services, and CONTRACTOR is solely responsible for ensuring that the vehicle used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability.
2. CONTRACTOR agrees that he/she is responsible for all costs and expenses arising from CONTRACTOR's performance of Contracted Services, including, but not limited to, costs related to CONTRACTOR's Personnel and Equipment. Except as otherwise required by law, CONTRACTOR assumes all risk of damage or loss to its Equipment.
VIII. PERSONNEL
1. In order to perform any Contracted Services, CONTRACTOR must, for the safety of consumers on the IMOVED platform, pass a background check administered by a third-party vendor, subject to CONTRACTOR's lawful consent. CONTRACTOR is not required to perform any Contracted Services personally, but may, to the extent permitted by law and subject to the terms of this Agreement, hire or engage others (as employees or subcontractors of CONTRACTOR) to perform all or some of the Contracted Services, provided any such employees or subcontractors meet all the requirements applicable to CONTRACTOR including, but not limited to, the background check requirements that CONTRACTOR must meet in order to perform Contracted Services. To the extent CONTRACTOR furnishes his/her own employees or subcontractors (collectively "Personnel"), CONTRACTOR shall be solely responsible for the direction and control of the Personnel it uses to perform all Contracted Services.
2. CONTRACTOR assumes full and sole responsibility for the payment of all amounts due to his/her Personnel for work performed in relation to this Agreement, including all wages, benefits and expenses, if any, and for all required state and federal income tax withholdings, unemployment insurance contributions, and social security taxes as to CONTRACTOR and all Personnel employed by CONTRACTOR in the performance of Contracted Services under this Agreement. IMOVED shall have no responsibility for any wages, benefits, expenses, or other payments due CONTRACTOR's Personnel, nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to CONTRACTOR or his/her Personnel. Neither CONTRACTOR nor his/her Personnel shall receive any wages, including vacation pay or holiday pay, from IMOVED, nor shall they participate in or receive any other benefits, if any, available to IMOVED's employees.
3. Unless mandated by law, IMOVED shall have no authority to withhold state or federal income taxes, social security taxes, unemployment insurance taxes/contributions, or any other local, state or federal tax on behalf of CONTRACTOR or his/her Personnel.
4. CONTRACTOR and his/her Personnel shall not be required to wear a uniform or other clothing of any type bearing IMOVED's name or logo. CONTRACTOR may, however, be asked by the COMPANY to carry an identification card displaying COMPANY logo while engaged in the service of the COMPANY.
5. If CONTRACTOR uses the services of any Personnel to perform the Contracted Services, CONTRACTOR's Personnel must satisfy and comply with all of the terms of this Agreement, which CONTRACTOR must make enforceable by written agreement between CONTRACTOR and such Personnel. A copy of such written agreement must be provided to IMOVED at least 7 days in advance of such Personnel performing the Contracted Services. The parties acknowledge that the sole purpose of this requirement is to ensure CONTRACTOR's compliance with the terms of this Agreement.
IX. INSURANCE
1. CONTRACTOR agrees, as a condition of doing business with IMOVED, that during the term of this Agreement, CONTRACTOR will maintain current insurance, in amounts and types required by law to provide the Contracted Services, at his/her own expense. CONTRACTOR acknowledges that failure to secure or maintain satisfactory insurance coverage shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement and the loss of CONTRACTOR's right to receive Delivery Opportunities.
2. NOTIFICATION OF COVERAGE: CONTRACTOR agrees to upload picture of his/her current certificates of insurance, as proof of coverage, during registration as a MOVER. CONTRACTOR also agrees to provide updated certificates each time CONTRACTOR purchases, renews, or alters CONTRACTOR's insurance coverage. CONTRACTOR agrees to give IMOVED at least thirty (30) days' prior written notice before cancellation of any insurance policy required by this Agreement.
3. WORKERS' COMPENSATION/OCCUPATIONAL ACCIDENT INSURANCE: CONTRACTOR agrees that CONTRACTOR will not be eligible for workers' compensation benefits through IMOVED, and instead, will be responsible for providing CONTRACTOR's own workers' compensation insurance or occupational accident insurance, if permitted by law.
X. INDEMNITY
1. IMOVED agrees to indemnify, protect and hold harmless CONTRACTOR from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly from IMOVED's actions arranging and offering the Contracted Services to CONTRACTOR.
2. CONTRACTOR agrees to indemnify, protect and hold harmless IMOVED, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of CONTRACTOR and/or his/her Personnel arising from thFe performance of delivery services under this Agreement, including personal injury or death to any person (including to CONTRACTOR and/or his/her Personnel), as well as any liability arising from CONTRACTOR's failure to comply with the terms of this Agreement. CONTRACTOR's obligations hereunder shall include the cost of defense, including attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by IMOVED or its parent, subsidiary and/or affiliated companies.
3. CONTRACTOR agrees to indemnify, protect and hold harmless IMOVED, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all tax liabilities and responsibilities for payment of all federal, state and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, and any contributions imposed or required under federal, state and local laws, with respect to CONTRACTOR and CONTRACTOR's Personnel.
4. CONTRACTOR shall be responsible for, indemnify and hold harmless IMOVED, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from all costs of CONTRACTOR's business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
XI. MUTUAL ARBITRATION PROVISION
1. CONTRACTOR and IMOVED mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") and shall apply to any and all claims arising out of or relating to this Agreement, CONTRACTOR's classification as an independent contractor, CONTRACTOR's provision of Contracted Services to consumers, the payments received by CONTRACTOR for providing services to consumers, the termination of this Agreement, and all other aspects of CONTRACTOR's relationship with IMOVED, past, present or future, whether arising under federal, state or local statutory and/or common l aw, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to CONTRACTOR's relationship or the termination of that relationship with IMOVED. The parties expressly agree that this Agreement shall be governed by the FAA even in the event CONTRACTOR and/or IMOVED are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which the CONTRACTOR operates shall apply.
2. If either CONTRACTOR or IMOVED wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by CONTRACTOR must be delivered to:
General Counsel, IMOVED
8619 Richmond Ave., Ste A
Houston, TX 77063
3. Class Action Waiver. CONTRACTOR and IMOVED mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
4. CONTRACTOR agrees and acknowledges that entering into this arbitration agreement does not change CONTRACTOR's status as an independent contractor in fact and in law, that CONTRACTOR is not an employee of IMOVED or its customers and that any disputes in this regard shall be subject to arbitration as provided in this agreement.
5. Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules ("AAA Rules"), except as follows:
a. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute.
b. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of CONTRACTOR's residence as of the effective date of this Agreement.
c. Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that each party to the arbitration shall pay an equal share of the of the Arbitrator's fees and costs.
d. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
e. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
f. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
g. The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law.
h. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
i. Either CONTRACTOR or IMOVED may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
6. Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. IMOVED will not retaliate against CONTRACTOR for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. Disputes between the parties that may not be subject to pre-dispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Mutual Arbitration Provision.
7. The AAA Rules may be found at www.adr.org or by searching for "AAA Commercial Arbitration Rules" using a service such as www.google.com or www.bing.com or by asking IMOVED's General Counsel to provide a copy.
8. CONTRACTOR's Right to Opt Out of Arbitration Provision. Arbitration is not a mandatory condition of CONTRACTOR's contractual relationship with IMOVED, and therefore CONTRACTOR may submit a statement notifying IMOVED that CONTRACTOR wishes to opt out and not be subject to this MUTUAL ARBITRATION PROVISION. In order to opt out, CONTRACTOR must notify IMOVED of CONTRACTOR's intention to opt out by sending an email to ImovedCA@Gmail.com stating CONTRACTOR's intention to opt out. In order to be effective, CONTRACTOR's opt out notice must be provided within 30 days of the effective date of this Agreement. If CONTRACTOR opts out as provided in this paragraph, CONTRACTOR will not be subject to any adverse action from IMOVED as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If CONTRACTOR does not opt out within 30 days of the effective date of this Agreement, CONTRACTOR and IMOVED shall be deemed to have agreed to this Mutual Arbitration Provision. CONTRACTOR has had an opportunity to consult with counsel of CONTRACTOR's choice concerning this Mutual Arbitration Provision (or any other provision of this Agreement).
9. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.
XII. TERMINATION OF AGREEMENT
1. CONTRACTOR may terminate this Agreement upon seven (7) days written notice. IMOVED may terminate this Agreement and deactivate CONTRACTOR’S account only for the reasons set forth in the IMOVED Deactivation Policy (http://www.imovedapp.com/deactivation), or for a material breach of this Agreement. Notwithstanding any other provision in this Agreement, Imoved reserves the right to modify the Deactivation Policy if, in Imoved’s good faith and reasonable discretion, it is necessary to do so for the safe and/or effective operation of the Imoved platform. IMOVED shall provide notice of any such changes to CONTRACTOR via e- mail. Changes to the Deactivation Policy shall be effective and binding on the parties upon CONTRACTOR’s continued use of the IMOVED platform following IMOVED’s e-mail notice of such modifications. Nothing will prevent CONTRACTOR from attempting to negotiate an exemption from any modification to the Deactivation Policy.
2. CONTRACTOR's and IMOVED's obligations and rights arising under the Mutual Arbitration Provision of this Agreement shall survive termination of this Agreement. Notwithstanding any other provision in this Agreement, the Deactivation Policy is subject to change; such changes shall be effective and binding on the parties upon IMOVED’S provision of notice to CONTRACTOR via e-mail.
XIII. ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER
XIV. This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with IMOVED and consider whether to continue his/her contractual relationship with IMOVED. This Agreement supersedes any prior contract between the parties. To the extent IMOVED's consumer facing Terms and Conditions Agreement (or updated consumer facing Terms and Conditions Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. However, the decision to opt-out of the Mutual Arbitration Provision in this Agreement does not affect the enforceability of any arbitration agreement in the consumer facing Terms and Conditions Agreement to which Contractor may be bound (and vice versa). This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that IMOVED may assign its rights and obligations under this Agreement to an affiliate of IMOVED or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to IMOVED shall be deemed to include such successor(s).
XV. The failure of IMOVED or CONTRACTOR in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
XIV. MISCELLANEOUS
1. CAPTIONS: Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
2. SEVERABILITY Clause: Except as specifically provided in Section XI, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
3. GOVERNING LAW: Except for the Mutual Arbitration Provision above, which is governed by the Federal Arbitration Act, the choice of law for interpretation of this Agreement, and the right of the parties hereunder, as well as substantive interpretation of claims asserted pursuant to Section XI, shall be the rules of law of the state in which CONTRACTOR performs the majority of the services covered by this Agreement.
4. NOTICE AND OPPORTUNITY TO CURE: CONTRACTOR agrees to notify IMOVED in writing at: https://www.imovedapp.com/ of any breach or perceived breach of this Agreement, of any claim arising out of or related to this Agreement, or of any claim that CONTRACTOR's
services or scope of work differ in any way from what is contemplated in this Agreement, including but not limited to the terms in Sections II (Contractor's Operations) and III (Contractor's Services), or if the relationship of the parties differs from the terms contemplated in Section IV (Relationship of Parties).
5. PRIVACY POLICY: CONTRACTOR represents and warrants that he or she has reviewed and understands IMOVED'S Privacy Statement, which can be found here:
(http://www.imovedapp.com/privacypolicy). By using the Mover Services, you consent to all actions taken by IMOVED with respect to your information in accordance with the Mover Privacy Statement.
Copyright © 2019 Imoved - All Rights Reserved.
This Privacy Statement was last updated on June 1, 2019.
IMoved may collect personal information to help you place and receive delivery orders and to improve the IMoved service. This Privacy Statement explains how IME, Inc., DBA IMoved, (“IMoved,” “we,” “us,” or “our”) handles your personal information when you visit or use www.Imovedapp.com (the “Site”), the IMoved mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).
Please review this Privacy Statement carefully. By using our Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Services, or otherwise provide us with your personal information.
Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. Contractors should refer to the Contractor Privacy Statement for information on how IMoved collects and uses Contractors’ personal information.
Collection of Information
When you use our Services we may collect or receive information about you.
Information You Provide Directly
You may provide information to us when you use our Services, including when you register with IMoved, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, pickup and delivery address, and payment information, including credit card information and billing address used to complete the purchase transaction, and other information that may identify you. When you place an order through our Services we collect information related to that order, including the products or services purchased, and the date and time of the purchase and delivery. You may also choose to provide ratings for your Contractor.
Information We Collect Automatically
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:
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We use cookies, web beacons, pixels, and similar technologies (“Cookies”) to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to IMoved and to remember information you have already provided, such as items already in your order cart. We also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtm or www.usa.gov/optout_instructions.shtml.
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Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.
Location Information
When you use the Services, we may collect precise location data about the progress of your pick up and/or delivery from the IMoved app used by the Contractor. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the IMoved app is running in the foreground or background of your device while we are processing your order. We may also derive your approximate location from your IP address. We use your location information to provide more accurate deliveries. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the IMoved mobile app. If you choose to disable the location feature, the Contractor will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are located in a large area, such as a park.
Sharing with Third Parties
To help us run our business, we may share your information, including your contact information, ratings, other information you provide directly, and information collected automatically, with entities that provide services to us, including third parties that provide payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. To help provide you with a high quality delivery we also may share your information, including your personal information, with the independent contractor, who completes your requested deliveries. We may also disclose aggregate, anonymous information to these third party service providers.
When Required By Law
We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We will attempt to strike a balance between protecting customer privacy and responding to valid law enforcement requests.
Corporate Transactions
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.
Accessing and Correcting Your Personal Information
Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
Data Retention
We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
IMoved may retain aggregate or anonymized data indefinitely.
Third Party Sites
Some of the functionality on our Services may be provided by third parties that are not affiliated with IMoved. These entities may collect or receive certain information about your use of our Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. For example, we use services like Google Analytics to help us see traffic patterns on IMovedapp.com. IMoved is not responsible for the privacy practices of these entities. In addition, our Services may contain links to other websites not operated or controlled by IMoved. Such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.
Social Networking
You may choose to enable or log in to our Services via various online services, including social networking services like Facebook. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.
When you link a Social Network account to IMoved or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Privacy Statement. Additionally, a Social Network may collect personal information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and IMoved shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.
You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed delivery request with IMoved. Keep in mind that your activity on a Social Network is governed by that Social Network and not by IMoved, and may be visible or accessible to the public.
Your Choices
If you are a registered IMoved user you may access or modify your personal information by logging into our Site using your username and password and visiting the “Account” page. You may also contact us at privacy@imovedapp.com to access, modify, or request deletion of your personal information or delete your account. You may disable our ability to use cookies by using the cookie controls in your web browser (see “Use of Cookies” section above).
If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by IMoved pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.
California Do Not Track Disclosure
IMoved does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.
Children’s Information
Our Services are not intended for children under 13 years of age and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at privacy@imovedapp.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s personal information.
Referral Program
IMoved may allow users to invite friends to sign up for our Services by submitting a friend’s name and email address to IMoved. Sometimes we offer a promotional value for every friend that signs up and places an order through your referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address to us. IMoved will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.
International Users
IMoved is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Security
IMoved has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, IMoved does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to IMoved.
You are responsible for safeguarding your username and password.
Changes to This Privacy Statement
Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you by email, at the email address you have provided to us. If you object to any changes you must cease using our Services. Please review this Privacy Statement periodically by visiting this webpage. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.
Contact Us
If you have any questions or concerns relating to this Privacy Statement or our privacy practices please contact us at:
privacy@imovedapp.com
IME, Inc.
Attention: Privacy
IME, Inc.
8619 Richmond Ave.
Houston, Texas 77063
This Privacy Statement was last updated on June 3, 2019.
Imoved may collect personal information in connection with your activities as a MOVER (i.e. Contractor). This Privacy Statement explains how IME, Inc., DBA IMoved, ("IMoved," "we," "us," or "our") handles your personal information when you visit the IMoved MOVER pages http://www.imovedapp.com/documents , the mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the "MOVER Services").
Please review this Privacy Statement carefully. By using the MOVER Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the MOVER Services, or otherwise provide us with your personal information.
Your access to and use of the MOVER Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. A separate IMoved Privacy Statement provides information on how IMoved collects and uses customers' personal information, including information you provide to IMoved as a customer through the IMoved website or mobile application.
Collection of Information
When you use the MOVER Services we may collect or receive information about you.
Information Your Provide Directly
You may provide information to us when you use the MOVER Services, including when you sign up to become a MOVER, authorize a background or driving history check, register as a MOVER, participate as a MOVER, participate in direct deposit, contact us with inquiries, or otherwise access or use the MOVER Services. This information may include your name, email address, phone number, preferred region and city, address, social security number, driver's license number, vehicle and registration information, insurance information, bank and bank account information, including routing and account numbers, order payment information, including expense reimbursement requests, and other information that may identify you.
Information We Collect Automatically
We may receive and store certain information about you and your device(s) automatically when you access or use the MOVER Services. This information may include:
When you participate as a MOVER through the MOVER Services, we may also receive and store information related to your dashes and deliveries, including:
Use of Cookies
We use cookies, web beacons, pixels, and similar technologies ("Cookies") to collect information and personalize your experience with the MOVER Services. Cookies are small web files that a site or its provider transfers to your device's hard drive through your web browser that enables the site's or provider's system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to the MOVER Services and to remember information you have already provided. We may also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of the MOVER Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtmor www.usa.gov/optout_instructions.shtml.
Use of Information
We may use the information we collect or receive about you to:
We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.
Location Information
To participate as a MOVER, you must permit the MOVER Services to access location services through the permission system used by your mobile operating system ("Platform") or browser. We may collect the precise location of your device when the MOVER app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin a dash, connect you with delivery opportunities in your zone, and track the progress and completion of your deliveries and dashes. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the MOVER mobile app. If you choose to disable the location feature through the settings on your device or Platform, IMoved will not receive precise location information from your device, which will prevent you from being able to dash and receiving delivery opportunities in your area.
Sharing with Third Parties
To promote the safety and quality of the platform, we may share your information, including your contact information, vehicle information, location information, ratings, and other information with customers and our Food Service Providers. To help us run our business, we may also share your information, including information that may identify you, information you provide directly, and information we automatically collect, with entities that provide services to us, including third parties that provide payment and direct deposit processing, background and driver history checks, advertising services, web analytics, data processing, IT services, MOVER support and other services. We may also disclose aggregate, anonymous information to these third party service providers.
When Required By Law
We recognize that information related to your activities as a MOVER could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of IMoved users, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.
Corporate Transactions
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.
Accessing and Correcting Your Personal Information
Keeping your personal information current helps ensure that we provide you with the most relevant services. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your registrations, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to payments issued to you for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
Data Retention
We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
IMoved may retain aggregate or anonymized data indefinitely.
Third Party Sites
Some of the functionality on the MOVER Services may be provided by third parties that are not affiliated with IMoved. These entities may collect or receive certain information about your use of the MOVER Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. For example, we use services like Google Analytics to help us see traffic patterns on the MOVER website. IMoved is not responsible for the privacy practices of these entities. In addition, the MOVER Services may contain links to other websites not operated or controlled by IMoved. Such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.
Social Networking
The MOVER Services may enable you to access social networking services such as Facebook, Twitter, or Instagram, among others (collectively, "Social Network") directly or indirectly through the MOVER Services. You may also have the option of posting content to a Social Network when you access content through the MOVER Services. For example, you may refer a friend to become a MOVER via Twitter or Facebook links through the MOVER Services. Keep in mind that your activity on a Social Network is governed by that Social Network and not by IMoved, and may be visible or accessible to the public. You may also choose to enable or log in to the IMoved app and www.IMoved.com via a Social Network, as described in more detail in our IMoved Privacy Statement. Your MOVER account and information collected through the MOVER Services may, at times, be linked to your IMoved customer accounts and any affiliated Social Networks you have enabled via IMoved.
Your Choices
If you are a registered MOVER you may access and modify your personal information by logging into the MOVER site using your username and password and visiting the "Account" page. You may disable our ability to use cookies by using the cookie controls in your web browser (see "Use of Cookies" section above).
If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to "opt-out" of receiving future marketing or other communications.
You may also contact us at privacy@IMoved.com to access, modify or request deletion of your personal information.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by IMoved pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.
California Do Not Track Disclosure
IMoved does not have a mechanism in place for responding to browser "do not track" signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.
Referral Program
IMoved allows MOVERs to invite others to sign up to become MOVERs by submitting a name and email address to IMoved. If you and/or the person you referred meet certain criteria, we may offer a promotional value when someone becomes a MOVER through your referral link or a referral number provided by IMoved. When you sign up to become a MOVER, you may also enter the phone number of the MOVER who referred you to the sign up page. By choosing to provide another individual’s name, phone number or email address, you represent that you have received consent to provide his or her name, phone number or email address to us. IMoved will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.
International
IMoved is based in the United States and, regardless of where you use the MOVER Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the MOVER Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Security
IMoved has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, IMoved does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to IMoved.
You are responsible for safeguarding your username and password.
Changes to The MOVER Privacy Statement
The MOVER Services may change from time to time. As a result, we reserve the right to update or modify this MOVER Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you via email, at the email address you have provided to us. If you object to any changes you must cease using the MOVER Services. Please review this MOVER Privacy Statement periodically by visiting this webpage. This MOVER Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of the MOVER Services after any changes or revisions to this MOVER Privacy Statement indicates your agreement to the terms of the revised MOVER Privacy Statement.
Contact Us
If you have any questions or concerns relating to this MOVER Privacy Statement or our privacy practices please contact us at:
Email Address: privacy@IMovedapp.com
IMoved
Attention: Privacy
8619 Richmond Ave
Houston, TX 77063
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND IME, INC., (DBA IMoved) A TEXAS CORPORATION (“COMPANY”).
SECTION 12OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
By accessing or using the website located at www.imovedapp.com/ (“Website”) in any way, downloading, installing or using the Company’s mobile application (“Application”) or any other software supplied by the Company (collectively, with the Application, the “Software”), accessing or using any information, services, features or resources available or enabled via the Website or Software (each, a “Service” and collectively, the “Services”)), clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the IMoved account registration process, you hereby represent that: (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.imovedapp.com/terms/ or through the Services; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Company; and (3) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the Imoved account registration process and to bind that company, organization or entity to the Agreement. The terms “you,” “user” and “users” refer to all individuals and other persons who access or use the Website, Software, and/or Services, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, the Services, or the Software.
Subject to Section 12(h) of this Agreement, the Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website, Software or Services at any time, effective upon posting of an updated version of this Agreement on the Website or Software. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
The Company uses a network of independent third-party contractors (Contractors) who provide delivery services to our users. It is up to each Contractor to provide such delivery services. The Company will not assess the suitability, legality or ability of any Contractor. The Company has no responsibility or liability for acts by any third-party Provider or Contractor, other than as stated herein.
1. User Representations, Warranties and Covenants
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. Your participation in using the Services is for your sole, personal or internal business use. When using the Services, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Services.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Services should you be using the Software or Services with an incompatible or unauthorized device.
By using the Services, you agree that:
2. User Account
You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account by minors. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.
3. User Content
4. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, the Software or the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website, the Software and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Software or the Services.
5. Payment Terms
6. Third-Party Interactions
7. Transactions Involving Alcohol
You may have the option to request delivery of alcohol products in some locations. If you receive your delivery in the United States, you agree that you will only request a delivery of alcohol products if you are 21 years of age or older. You also agree that, upon delivery of alcohol products, the recipient will be required to provide valid government-issued identification proving his/her age to the Contractor delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. The Contractor reserves the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your request, or you are visibly intoxicated. If the Contractor is unable to complete the delivery of alcohol products for one or more of these reasons, the Contractor shall return the alcohol to its place of pickup and you will be charged for a two-way delivery.
8. Indemnification
You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website, Software or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
10. Internet Delays
The Company’s Website, Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
11. Limitation of Liability
12. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
13. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and the Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Harris County, Texas if you are a Texas citizen or resident, and in the United States District Court for the District in which you reside if you are not a Texas citizen or resident.
14. Termination
At its sole discretion, the Company may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
15. Procedure for Making Claims of Copyright Infringement.
It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Website or in the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, IME, Inc., 8619 Richmond Ave., Houston, Texas 77063.
16. General
17. Contact Information
Questions or comments regarding the Terms may be sent to:
IME, Inc.
8619 Richmond Ave.
Houston, Texas 77063
Help Form: https://www.imovedapp.com/help/
Telephone Number: 832-303-7040 Ext 3
Copyright © 2019 Imoved - All Rights Reserved.