Terms of Service


Last updated: February 27, 2016

The terms of this agreement ("Terms") govern the relationship between you and Bringitt Inc. ("Company") regarding your use of Company's services ("Services"), website, and any application provided by Company that enables you to use the Services ("Applications"). These Terms constitute a legal agreement between you and Company. By using or receiving any of the Services or downloading or using the Applications, you agree to the following Terms and any future amendments. You should review these Terms regularly as they may change at any time at the sole discretion of Company.

Company may modify the Terms or any of its policies relating to the Services or Applications at any time, effective upon posting of an updated version of the Terms on its website www.bringitt.com. You will be deemed to have consented to all changes to the Terms if you continue to use of the Services or Applications after any updates.

Peer-to-Peer Shipping Network

The Company facilitates a peer-to-peer shipping network. The Company, via the Applications and the Services, connects: (A) individuals desiring to have personal property picked up, carried, and delivered (“Senders“), and (B) individuals desiring to perform the requested pickup, carrying and delivery services (“Drivers“). The performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Run.” Drivers and Senders together are referred to as “Users“.

Restrictions on Run Contents

Senders acknowledge and agree that they will not send any “Prohibited Item” as listed below. Drivers acknowledge and agree that they will not pick-up, carry or deliver, any Prohibited Item.

Unless consented to by the Driver prior to accepting the Run, Senders shall not send any “Special Items.”

Prohibited Items

  • Tobacco products and alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
  • Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount;
  • Fireworks;
  • Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons;
  • Any “Hazardous Material” (see below) not including those Hazardous Materials in small or excepted quantities as defined in 49 C.F.R.;
  • Any Hazardous Waste described in 40 C.F.R. § 261.3 (whether or not in small or excepted quantities);
  • Any animal;
  • Prescription or over the counter medication
  • People;
  • Anything illegal;
  • Coins, currency, postage stamps, negotiable instruments, money orders;
  • Unset precious stones and any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals; or
  • Cremated remains, human remains, fetal remains, human body parts, or components thereof.

Every Driver and Sender acknowledges that he/she has the duty to know and comply with all applicable federal and state laws. Company has no liability or responsibility if a Driver or Sender fails to comply with all applicable laws during the performance of, or with respect to any items contained in, a Run, or otherwise.

Special Items

The following items may be included in a Run only if a Sender fully discloses each such item to the Driver and the Driver specifically agrees to accept each such item, prior to the Driver accepting such Run.

  • Oversize or items weighing over 150 lbs.;
  • Perishable items;
  • Phone cards, tickets, credit cards, gift cards, and similar items;
  • Film, photographs (including negatives), videotapes, compact discs, laser discs, computer tapes, and media of similar nature;
  • Heirlooms, one-of-a-kind and like items.

Packaging

Company is not liable for loss or damage to any Run if it is not properly packed to withstand transport. Every Sender hereby acknowledges and agrees that he/she is responsible for ensuring that a Run is properly and safely packaged. Packaging should be based on the characteristics of the item, in the sole discretion of the Sender.

Perishable Items

Any Sender sending a perishable item acknowledges and agrees that he/she is solely responsible for selecting a Driver that can deliver perishable items in a timely manner, meaning that the perishable item will not spoil or otherwise be damaged in a manner unsatisfactory to the Sender during the Run. All Runs containing perishable items are accepted solely at the Sender’s risk for any damage or loss during the Run arising from the perishable nature of the item.

Company Not Responsible for Performance of Drivers or Senders

Company's Services and Applications enable a peer-to-peer shipping network that connects Users. Users acknowledge and agree that: (A) Company has no responsibility for the actions or inactions of any User, (B) Company does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any User, or the failure of any User to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Run nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users, and (C) Company does not have control over, and has no responsibility for, any damage to the content(s) of a Run.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT OF ANY USER OF OUR SERVICES OR APPLICATIONS AND COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APPLICATIONS. BY USING THE SERVICES OR APPLICATIONS YOU THEREBY RELEASE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APPLICATIONS OR THE CONDUCT OR MISCONDUCT OF A USER.

Driver Representations and Agreements

Each Driver of any vehicle used in a Run for a Sender represents, warrants, acknowledges and agrees that he/she:

  1. possesses a U.S. valid driver’s license and all licenses and authorizations required to perform the Run;
  2. is at least 18 years of age and has all right and authority to enter into contracts and these Terms;
  3. owns, or has the legal right to operate, the vehicle used in a Run, and such vehicle is currently in good operating condition and will be in good operating condition at all times during the Run;
  4. is named on the insurance policy covering any vehicle used by him/her during a Run;
  5. has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of his/her vehicle and is responsible for and will make all necessary contacts with such his/her insurance carrier if a motor vehicle accident occurs;
  6. any vehicle used during a Run meets all industry and legal safety standards as may be applicable to the vehicle operated by the Driver while on a Run;
  7. will be solely responsible and liable for any and all liability which results from or is alleged as a result of the operation of the vehicle he/she uses during a Run, including, but not limited to personal injuries, death and property damages;
  8. will not knowingly pick-up, carry and/or deliver any Prohibited Items;
  9. while on a Run, will only use a vehicle that he/she has reported to Company using the Applications;
  10. will only accept Runs that have been contracted through the Applications;
  11. will only contract for or arrange a Run with a User through the Services and Applications and will not engage in outside transactions with any User;
  12. is not required to lift or otherwise move any item contained within a Run, including placing items in or removing items from the vehicle. If a Driver lifts or otherwise moves an item for a Sender he/she does so at the Sender’s and the Driver’s own risk and Company has no liability to either party for any claim, loss or damage related thereto.

Sender Representations and Agreements

Each Sender represents, warrants, acknowledges and agrees that he/she:

  1. is at least 18 years of age and has all right and authority to lawfully enter into these Terms;
  2. owns or otherwise has the full right and authority to contract for the Run and send all items contained in a Run;
  3. has not and will not include in any Run any Prohibited Item, whether consented to by a Driver or not;
  4. will list and disclose to the Driver, prior to the Driver accepting the Run, all items included in the Run;
  5. has and will properly pack all items in appropriate packaging to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws;
  6. acknowledges and agrees that the Company’s maximum liability under these Terms is $250;
  7. will only contract for or arrange a Run (or other similar services) with a User through Company’s Services and Applications and will not engage in outside transactions with any User;
  8. is responsible for lifting and carrying all items sent with a Driver and is responsible for placing them in or removing them from the Driver’s vehicle.

Cancellation by Senders

If a Sender needs or wants to cancel a Run, then tap Cancel on the Run Details screen within the Application, or email Customer Support at support@Bringitt.com

Consequences if Sender Cancels or is a No Show

A Run is deemed canceled if Sender cancels the Run once a Driver is already on his way to fulfill the Run (“Cancellation"). A Sender will be considered a no-show if he/she fails to arrive at the drop-off/pick-up location at the agreed pick-up time without calling, messaging or otherwise contacting the Driver through the Application (“No-Show“).

A Sender will not be charged a Cancellation fee if they cancel a Run due to a Driver’s No-Show, or Cancellation or if they cannot contact a Driver during the performance of their Run.

Cancellation by Drivers

If a Driver needs or wants to cancel a Run, then tap Cancel on the Run Details screen within the Application, or email Customer Support at support@Bringitt.com.

Consequences if Driver Cancels or is a No Show

As with the Sender, a Run is deemed canceled if the Driver cancels the Run once accepting the Run, provided that a Driver may cancel a Run within 10 minutes of being selected for such Run without penalty (“Cancellation“). A Driver will be considered a No-Show if he/she fails to arrive at the drop-off/pick-up location at the agreed pick-up time without calling, messaging or otherwise contacting the Sender through the Application (“No-Show“).

If a Driver has 3 Cancellations or No-Shows, then Company may suspend or deactivate the Driver’s account, in its sole discretion.

Withholding Payments to Drivers

Company may, in its sole discretion, place a hold on a Driver’s Run Payment (as defined below) if Company has any suspicion or reason to believe that a Driver or Sender has breached these Terms. Company may release the Run Payment to a Driver upon establishing the validity of the accounts and Runs under suspicion, in its sole discretion.

Billing and Payment

Company is not a party to contracts between the Users; rather Users of the Services and Applications make their contracts directly with each other.

Users of our Services and Applications acknowledge and agree that they will be required to provide their credit card or bank account details to Company and the Payment Service Provider retained by Company (the “PSP”).

Senders must pay the invoice for each Run contracted for (the “Invoice”). The Invoice will include the pricing terms of the Run as agreed to with a Driver, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Company assesses for use of its Services and Applications (combined, the “Run Payment”). Any fees that Company may charge a Driver or Sender for their use of the Applications or Services, are due immediately and are non-refundable. Company reserves the right to determine final prevailing pricing and the pricing information published on the Company website may not reflect the current pricing. Company may change the fees for our Services and/or Applications, as we deem appropriate.

Payment Service Providers

Users may be required to: (A) register with the PSP, (B) agree to the PSP's terms of service, and (C) go through a vetting process at the request of the PSP to set up their account with the PSP. By accepting these Terms, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Company is not a party to the PSP Agreement and has no obligations or liability to any User under a PSP Agreement.

Company reserves the right, in its sole discretion, to (i) place on hold any Run Payment, or (ii) refund, provide credits or arrange for the PSP to do so. Users of our Services and Applications will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and Applications or on any Run Payment received (other than taxes on the Company’s income).

SMS Messaging

Users agree that the Company may send you information text (SMS) messages as part of the normal business operation of your use of the Services. You may opt out of receiving (SMS) messages from Company at any time by contacting Company.

User Representations, Warranties and Agreements

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to access and use the Applications and Services. You acknowledge and agree that:

  • You will use the Services and Applications only for your own personal use;
  • You will create only one user account and maintain accurate, complete, and up-to-date information with respect to that account;
  • You will comply with all applicable laws when using the Services, and you will use the Services only for lawful purposes;
  • You will not use the Services to cause nuisance, annoyance, inconvenience, or property damage;
  • You will, if requested by Company, provide proof of identity. You further agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

By using the Applications or Services, you expressly represent and warrant that you are legally entitled and have the right, authority and capacity to enter into to enter into the agreements set forth in these Terms. You agree to comply with all applicable laws while using the Applications or Services. You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Applications and Services.

Content License Grant, Restrictions and Copyright Policy

Subject to your compliance with the Terms, Company grants you a limited, non-exclusive, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services or Applications, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Company.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services or Applications, (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast, or otherwise exploit the Services or Applications except as expressly permitted by Company, (iii) reverse engineer or disassemble the Services or Applications, (iv) link to, mirror or frame any portion of the Services or Applications, (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services or Applications, or (vi) attempt to gain unauthorized access to or impair any aspect of the Services, Applications or its systems or networks.

The Services, Applications, and all rights therein are and shall remain Company's property or the property of Company's licensors. Neither the Terms nor your use of the Services or Application convey or grant to you any rights in or related to the Services except for the limited license granted above or to use or reference in any manner Company's names, logos or trademarks.

Company may, in Company's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services or Applications textual, audio, and/or visual content and information, including commentary and feedback related to the Services ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above, and (iii) neither the User Content nor your submission, uploading, publishing or otherwise making available such User Content nor Company's use of such User Content will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law.

Indemnification and Breach

You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or Applications; (ii) your breach or violation of any of these Terms; or (iii) Company’s use of your User content.

Suspension and Termination of Account and Services

WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNTS OR ACCESS TO COMPANY SERVICES, APPLICATIONS OR ANY PORTION THEREOF, OR WITHHOLD ANY RUN PAYMENT, IF YOU ARE, OR COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS AND CONDITIONS, ANY OF OUR RULES OF THE ROAD OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE TO YOU.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD RUN PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APPLICATIONS OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE THE ACCOUNTS OF ANY USER WHO MAY BE A REPEAT INFRINGER OF ANY OF OUR TERMS OR POLICIES. COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 100 DAYS.

Coverage Plan

The Company will reimburse Sender for loss or damage arising from theft or property damage to the Sender's items of personal property during a Run and arising solely and directly from a Driver's negligence, up to a maximum of $250 per Run (collectively, the "Coverage Plan").

To qualify for the Coverage Plan, the Sender must: (A) declare the value of all items in the Run and comply with the Terms, (B) complete a claim form and provide Company with packaging used by the Sender and proof of value for every item in the Run, and (C) provide a satisfactory police report when requested by Company. Please note that no matter what total value you declare for your Run or any items contained in such Run, Company's maximum reimbursement to you for loss or damage is $250. Company will not provide coverage/reimbursements for items that were not pictured in the run details.

The Coverage Plan does not provide insurance to you, and you are neither an insured nor additional insured under Company’s insurance.

A Sender must prove the value of the item in the Run subject to the claim, regardless of the value declared. Company will not pay on a claim, without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim. Additionally, a Sender must provide all packaging, if any, used in the packing of the items subject to the claim and/or the item(s) themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item or Run, Sender must also provide a satisfactory police report with respect to the lost item or Run when submitting a claim.

Repair or replacement is defined as (i) the lower of the purchase price paid for the item that is the subject of the claim or the replacement cost of the item at the time and place of loss or damage; or (ii) the cost of repairing the damaged item. You must provide a third-party repair quote/evaluation from a qualified repair facility. If the third-party deems the merchandise as un-repairable, the actual or replacement value will be paid up to Company’s maximum liability under the Coverage Plan. You must submit all repair quotes as part of the claims process and while Company may pay the cost of repair, it is the Sender’s responsibility to have the item repaired. COMPANY HAS THE SOLE AND ABSOLUTE DISCRETION TO DETERMINE WHETHER A CLAIM IS SUBJECT TO REIMBURSEMENT UNDER THE COVERAGE PLAN. USERS USE THE SERVICES AND APPLICATIONS AT THEIR OWN RISK.

If you believe that you have a claim, then contact the Company at Support@Bringitt.com to begin the claims process.

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

THE COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN THE PICK-UP, CARRY AND DELIVERY SERVICES. COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR APPLICATIONS.

CAUTION: COMPANY DOES NOT PERFORM SCREENING OR BACKGROUND CHECKS ON THE USERS. COMPANY RESERVES THE RIGHT TO BEGIN CONDUCTING SUCH CHECKS AND SCREENING OF USERS AT ANY TIME.

No Liability

COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY'S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED U.S. $250.

COMPANY'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Notices to You

Company may give notice by means of a general notice on the Services, the Applications, electronic mail to your email address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company (such notice shall be deemed given when received by Company) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at 4661 Walnut Glen Court, West Bloomfield, MI 48323.

Assignment

You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms to any party without the prior written approval of Company in each instance. Any purported assignment in violation of this section shall be void.

Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to these Terms (collectively "Disputes") will be settled by binding arbitration between you and Company, except that Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Company agree that any claim, action or proceeding arising out of or related to these Terms must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.

The American Arbitration Association (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. Unless you and Company otherwise agree, the arbitration will be conducted in Ingham County, Michigan. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

General

No partnership, employment, or agency relationship is created between the Company and the Users by use of the Services or Applications. If any provision of these Terms is held to be invalid or unenforceable, then such provision will be struck and the remainder of these Terms will remain enforceable. The failure of Company to enforce any right or provision in these Terms on one occasion will not constitute a waiver. These Terms contain the entire agreement between our Users and Company.

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