Last Modified: 10/10/2018
You acknowledge and agree to the following terms and conditions when you use the Swift Service Men platform. Your and Our responsibilities are specific and limited to the terms of this agreement. You must read, agree with, and accept all of the terms and conditions contained in this agreement which are those terms conditions and definitions expressly set out below:
1. Definitions following is a non exhaustive list of definitions that shall apply to the use of this website; other definitions are included throughout the text:
A. “You”, “Your”, “User”-an individual or an individual for and on behalf of a corporate entity or organization that desires to obtain certain services such as Swift Service Men services.
B. “Swift Service Men Provider” “Swift Men” or Swift Service -an independent individual or corporate entity or organization that desires to provide services such as Swift Service and others to consume in public.
C. “We”, “Us” ,”Our” principal place of business in Charlotte, North Carolina
D.“Services” Swift Service Men Services or other services (COMMUNICATIONS PLATFORM) provided by a Swift Service Men Provider
F. “Swift Service Men or “web site”- Our website located at SwiftServiceMen.com or SwiftServiceMen.blog
G. Estimates or Service Request or Appointment Bookings - Your offer to enter into a transaction for the Services
2. You acknowledge and agree that when Swift Service Men arranges for a third party provider to perform the transportation services with respect to a particular shipment or arranges for a third party provider to perform only labor services with respect to a particular services, Swift Service Men is acting in its capacity as a broker (as opposed to a transportation provider).
3. Acknowledgement, Common Sense and Good Judgement.
- You acknowledged that We give You access to the Swift Service Men free of charge. You acknowledge and agree that We give You the ability to book services for free, pay in advance or pay partial amount.
- You agreed to use common sense and good judgment when booking services on the Swift Service Men platform.
4. Qualifications for Use of Swift Service Men platform
- In order to qualify to use Swift Service Men platform you must be and you knowledge that you are an individual with whom can enter into a legally binding contract under applicable law. In compliance with the child online privacy protection act, this website is not intended to provide for use by minors.
5. Services Provided
- When acting as a property broker, you acknowledge Swift Service Men does not and is not authorized to provide home service brokerage services or otherwise arrange for the transportation of household goods. Accordingly, when acting as a property broker, Swift Service Men does not arrange for full service moving or other specialized services and Swift Service Men will not arrange for your cargo to be transported by a motor carrier providing household good related services. Swift Service Men provides communication platforms (the “Communication Platforms”) that facilitate a connection between You, the user of the Services, and Third Party Providers, which includes both third party labor providers (e.g. Swift Men) affiliated with Swift Service Men and independent for-hire property motor carriers under agreement with Swift Service Men, to arrange and schedule labor and property transportation services performed by such Third Party Providers and NOT Swift Service Men. Swift Service Men facilitates the Services and connects Users with Third Party Providers, but does not serve as an authorized transportation provider when acting in its capacity as a broker, and has no responsibility for any transportation or labor services provided on your behalf by Third Party Providers. Subject to the terms of this Agreement the Communication Platforms may be used by you to request and schedule services with Third Party Providers.
- Swift Service Men may arrange for the Services to be performed for office-to-office or business-to-business Service (i.e. commercial services). The commercial moves arranged by Swift Service Men may require supplemental terms, which will be disclosed to you in connection with the commercial services. Any supplemental terms for arranging for the commercial services are in addition to, and shall be deemed a part of, these Terms for purposes of the applicable Services. In the event of a conflict between any supplemental term and these Terms, the supplemental terms shall prevail over these Terms only with respect to the applicable Service.
6. Transaction of Services
- By clicking confirm appointment you acknowledge and agree that you have submitted a service request and that this is your affective order to enter into a transaction for the services.
7. Payment for Services
- By clicking confirm appointment you acknowledge and agree that you have authorize payments for the total amount of the services in the refundable order handling fee and you have authorize us to charge the total amount for the same against your credit or debit card.
- You agreed to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information.
- You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received services obtained through your use of the Services by the Third Party Providers, Swift Service Men will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using the preferred payment method designated by you in your Account. Swift Service Men will send you a receipt by e-mail. Payment of the Charges by Swift Service Men to a Third Party Provider, shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Swift Service Men.
- Swift Service Men reserves the right to revise Charges for any or all aspects of the Services at any time in Swift Service Men sole discretion (note: pricing information published on the website may not reflect the actual price of the Services). Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase from time to time, including, but not limited to, times of high demand of the Services. Swift Service Men will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
- You may elect to cancel your request for Services from a Third Party Provider at any time prior to their arrival provided that you will be responsible to pay a cancellation fee or rescheduling fee.
- Reschedule Fee: You may reschedule your services at any time. Reservations rescheduled fewer than two days before your service date will incur a flat fee of $30. If you need to reschedule on the day of the your service, we can't guarantee we'll have availability, but we'll do everything we can to make it happen. If you choose to reschedule fewer than two days before your service date and we don't have availability, you will incur the Cancellation Fee.
- Cancellation Fee: You may cancel your Service at any time. Reservations canceled on the day of your service or the day before your move will be charged one hour of service based on the rate you reserved.
- Swift Service Men may, at its sole discretion, provide promotional offers (e.g. promotional codes) with varying features and rates to any User. These promotional codes, unless made to you, shall have no bearing on your offer or contract. The promotional codes may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Swift Service Men. Promotional codes may be disabled by Swift Service Men , at its sole discretion, without liability to Swift Service Men. Promotional codes may only be used pursuant to the specific terms that Swift Service Men establishes for such promotional offers. Promotional codes are not valid for cash and may expire prior to Your use. Swift Service Men reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Swift Service Men determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal or in violation of the applicable promotional code terms or these Terms.
- This payment structure is intended to fully compensate the Third Party Provider for the Services provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with Services obtained through the Communication Platforms, the Website and/or in cash, you are under no obligation to do so.
8. TEXT MESSAGING & PHONE CALLS
9. Modification of Agreement
- At any time and in our sole discretion, we may modify the terms and conditions of this agreement. The modified terms and conditions shall take affect immediately after posting on our website. The agreement may not be modified amend and/or changed by you in any manner and less agreed in writing by Swift Service Men. Furthermore, we may modify or discontinue this website at anytime.
10. LICENSE & RESTRICTIONS
- Subject to your compliance with the Terms and Swift Service Men policies, Swift Service Men grants you a limited, non-exclusive, non-transferable, and revocable license to use the Communication Platforms solely for their intended purposes, including to view, download, and print any Swift Service Men proprietary data solely for your personal and non-commercial purposes, and (2) to view any User Content (defined below) which you are permitted access solely for non-commercial purposes. You agree not to copy, download, use, modify, redesign, reconfigure, distribute, sell or lease the Communication Platforms or any part thereof. Unless expressly authorized by Swift Service Men in writing, you agree not to reverse engineer or attempt to extract the source code of the Website, or the Communication Platforms or create or attempt to create modifications or derivative works from the object code or the underlying source code. You may only access the Communication Platforms through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt our Communication Platforms. Any rights not expressly granted herein are reserved by Swift Service Men. Additionally, you agree not to copy, use or remove any of Swift Service Men company names, logos, product or service names, trademarks, or service marks.
- All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content (collectively, “Proprietary Material”) that you see or read through the Communication Platforms is owned by Swift Service Men, excluding User Content (defined below) that Swift Service Men has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Swift Service Men owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. The Proprietary Material, the Communication Platforms and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain Swift Service Men property. Nor do these Terms or your use of the Communication Platforms grant you use or reference in any manner to Swift Service men company name, logos, product, and service names, trademarks, or service marks.
12. Our Termination
- We reserve the right to terminate this agreement or your use of the Swift Service Men platform for any reason at any time without notice.
13. Our Limitations Of Liability
- IN NO EVENT SHALL we be liable for lost profits or any special incidental or INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT,or any connection with Swift Service Men platform or this agreement.
- Do you agree to indemnify defend and hold us and our officers, Directors, managers agents and employees harmless from any claim demand damage or loss incurred on or arising out of your use of the Swift Service Men platform, breach of this agreement violation of any federal or state laws statues regulation or the infringement of third-party rates include but not limited to any third-party intellectual property rights.
15. INDEPENDENT CONTRACTOR
- No joint venture, partnership, employment, or agency relationship exists between you, Swift Service Men or any Third Party Provider as a result of these Terms or use of the Services.
- This agreement may be assigned and transferred by us to a third-party service at any time without notice to you this agreement may not be a sign by you.
18. CLAIMS OF COPYRIGHT INFRINGEMENT
- Claims of copyright infringement should be sent to Swift Service Men designated agent, please e-mail email@example.com for more information.
19. PROHIBITED PROPERTY AND HAZARDOUS SUBSTANCES
Unless the parties agree otherwise in writing, you agree not to use the Website, and/or request the Services for the shipment of the following items (collectively, “Prohibited Property”):
A. Perishable Items, Alcoholic Beverages and Other Food Related Items
- Frozen foods, open/unused foods, plants, produce, refrigerated foods, alcoholic beverages, cooking and cleaning liquids, living things, any commodities set forth in 49 U.S.C. § 13506(a)(6), and similar items to those set forth herein. etc. You may want to consider transporting these items in your personal vehicle.
B. Prohibited by Law
- Any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials (i.e., drugs or drug paraphernalia, stolen items, illegal items, etc.)
C. Unsanitary or Unsafe Conditions
-Personal property that is located in an environment or structure that does not meet cleanliness standards and/or poses a potential health risk (i.e., unfinished attics, hoarding scenarios, animal waste, flooded or recently flooded locations, etc.) or personal property that does not meet cleanliness standards and/or poses a potential health risk.
D. Dangerous Items
- Common dangerous items include but are not limited to weapons/firearms; locked gun safes or any other item built to hold or conceal firearms; ammunition; explosives; flammable liquids (e.g., propane, gasoline, or fuel tanks, paint, etc).
Note: Gas-powered equipment or motorized vehicles can be moved if you agree to empty them prior to your move. Swift Service Men can also move gun safes if they are empty, unlocked, and weigh less than 300 pounds.
F. Oversized Items
- Common oversized or extremely heavy items can include but are not limited to: musical equipment (pianos, organs), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc.
- Weight limitations: maximum of 300 lbs. per item (requiring 3 laborers at 100 lbs. max per person)
- Size limitations: Third Party Providers may require that items exceeding clearance of hallways, stairways, or doorways be disassembled upon arrival.
In no event shall Swift Service Men (or its affiliates) or any Third Party Provider be liable for loss of or damage to any Prohibited Property described in this Section regardless of whether an action is brought in tort, contract, or under any other theory.
20. REFUSAL OF SERVICE
In booking a move with Swift Service Men, you acknowledge that Swift Service Men has the right to refuse service for any reason. The circumstances warranting a refusal of service include but are not limited to the following:
- Swift Service Men will not accept orders for customers being evicted, and will refuse service if a service is determined to be an eviction when the Swift Service Men arrive.
B. The Customer Refuses the Estimated Cost
- If a Service estimate needs to be revised from the original estimate, due to a discrepancy between the move details given at booking and the actual property details that are present on Service day or come up during the service, the customer will be presented with a revised estimate. If a customer refuses to agree with the revised estimate, Swift Service Men reserves the right to discontinue or refuse service if necessary. Nothing in this section shall be construed to bind Swift Service Men to the original estimate, as all charges longer than the product type minimum are billed at type worked unless otherwise specified.
C. Access to property
- Swift Service Men reserves the right to refuse service if a customers property cannot be accessed, or is deemed too far away from the location of the truck. This can include a dangerous driveway, a lack of parking space for the truck, walking distance of 300 feet or more from the truck to the property, or any other circumstance that puts the safety of the Swift Service Men, truck, customer, and/or customer’s belongings at risk.
D. Inclement Weather
- Inclement weather can include, but is not limited to: rain, snow, sleet, high winds. In cases of inclement weather, Swift Service Men reserves the right to either perform the service with a signed waiver of liability for damage due to weather, or cancel the service and/or reschedule it to the next available time.
F. Dangerous Conditions
- If Swift Service Men identifies that the service environment is either too dangerous, hazardous, or unsanitary, service may be refused.
21. USER PROVIDED CONTENT
- Swift Service Men may, in Swift Service Men sole discretion, permit you or other Users to submit, upload, publish or otherwise make available to Swift Service Men through the Website, textual, audio and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests and submissions of entries for competitions and promotions (collectively referred to as “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Swift Service Men, you grant Swift Service Men 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 (including in connection with the Services and Swift Service Men business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other third party.
- You acknowledge and agree that you are solely responsible for all User Content that you make available through the Application and/or Website. Accordingly, You represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website or you have all rights, licenses, consents and releases necessary to grant Swift Service Men the license to the User Content as set forth above, and neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Swift Service Men use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- User Content may contain information relating to reviews of specific Third Party Providers. Such reviews are opinions of the specific user and not the opinion of Swift Service Men, and have not been verified or approved by Swift Service Men. YOU AGREE THAT SWIFT SERVICE MEN IS NOT LIABLE FOR ANY USER CONTENT.
22. DISPUTE RESOLUTION AND ARBITRATION
- Any dispute arising out of or relating to this Agreement, whether based on contract, tort, or any other legal or equitable theory will be resolved as follows: Either party will notify the other party of the dispute, and provide a detailed description of the basis for the dispute as well as any relevant supporting documents. The parties will then attempt to resolve the dispute amicably. If the parties do not resolve the dispute within sixty (60) days of the initial dispute notice, either party may provide notice of its demand for formal dispute resolution through binding arbitration. You and Swift Service Men agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, or request for Services, whether existing at the time this Agreement is signed or arising out of or relating to any acts, omissions, conditions, or events during the term of this Agreement will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and Swift Service Men are each waiving the right to a trial by jury or to participate as a plaintiff in any purported class action. THE PARTIES AGREE THAT NO CLASS-, COLLECTIVE-, CONSOLIDATED-, OR PRIVATE-ATTORNEY-GENERAL-REPRESENTATIVE ARBITRATION OF CLAIMS SHALL BE ALLOWED AND THAT THE ARBITRATOR IS NOT EMPOWERED TO CERTIFY, CONDUCT, OR AWARD RELIEF IN ANY SUCH ARBITRATION. This Section will survive any termination of this Agreement.
- Any claim that all or part of the Class Action Waiver and/or Private-Attorney General Representative Waiver are invalid, unenforceable, unconscionable, void or voidable shall be made only by a court of competent jurisdiction and not by any arbitrator. In the event a court of competent jurisdiction finds the Class Action Waiver is unenforceable, the Class Action Waiver and/or Private-Attorney General Representative Waiver shall be severable from this Agreement and the claims must be litigated in a civil court of competent jurisdiction on an individual basis (e.g. not as a collective Action). In addition, the Class Action Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
You can decline this mandatory arbitration provision within 30 days of accepting these Terms by e-mailing us at firstname.lastname@example.org using the e-mail address on your account with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the 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. You and Swift Service Men agree to submit to the jurisdiction of a single neutral arbitrator selected by Swift Service Men in accordance with the AAA Rules. Unless the parties agree otherwise in writing, the place of arbitration shall be in Charlotte, North Carolina.
- Unless you and Swift Service Men otherwise agree, the arbitration will be held at a mutually convenient location in accordance with the rules then in effect of the American Arbitration Association. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Swift Service Men submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. 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.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Swift Service Men will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
23. PROPERTY DAMAGES; CLAIMS PROCESS
SWIFT SERVICE MEN LIABILITY ARISING OUT OF THE SERVICES PROVIDED BY SWIFT SERVICE MEN AFFILIATED THIRD PARTY PROVIDERS
A. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. If the damage, loss, shortage, or injury to either the goods being handled by Swift Service Men hereunder (“your personal property items”) or other property occurs when the personal property items (as cargo) are in transit, or is otherwise caused by an unaffiliated Third Party Provider, Swift Service Men liability for such damage, loss, shortage, or injury will be as set forth in the next section of this Agreement and such damage, loss, shortage, or injury will not be covered by this Section. For the purposes of this Agreement, “in transit” means the personal property items are moving from one place to another on equipment being operated by an unaffiliated Third Party Provider who performs the transportation services. If the damage, loss, shortage, or injury to either your personal property items or other property is caused by the negligent act or omission and/or the intentional misconduct of a Swift Service Men affiliated Third Party Provider performing labor services, or if you and Swift Service Men have agreed that Swift Service Men will furnish the Services directly and not through a Third Party Provider, then, except when the last paragraph of this Section applies Swift Service Men shall assume liability for your personal property items and other property as set forth in this section.
B. If the damage, loss, shortage, or injury to either your personal property items or other property occurs when the personal property items are being loaded or unloaded from the equipment or is otherwise caused by a Swift Service Men affiliated Third Party Provider performing labor services, Swift Service Men shall assume liability for your personal property items of up to seventy (70) cents per pound per item damaged (the “Limited Valuation Coverage”), provided that Swift Service Men maximum liability per shipment shall not exceed $2,000. Please note that under the Limited Valuation Coverage, claims are settled based on the weight of the item. For example, if a 10-pound printer, valued at $250, were damaged, Swift Service Men would be liable for no more than $7.00 (10 pounds multiplied by 70 cents). When a shipment is released to a valuation of 70 cents per pound per item, each shipping piece or package and the contents thereof shall constitute one item, except that component parts of any single item taken apart or knocked down for handling or loading in the vehicle shall constitute one item for purposes of determining Swift Service Men maximum liability under the Limited Valuation Coverage.
C. PLEASE BE AWARE THAT NO MATTER THE TOTAL VALUE OF YOUR JOB OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, OR THE NUMBER OF ITEMS CONTAINED IN YOUR JOB, SWIFT SERVICE MEN MAXIMUM LIABILITY TO YOU FOR DAMAGE IS $0.70/LB/ITEM OR $2,000.00. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SWIFT SERVICE MEN LIABILITY TO YOU FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY EXCEED $2,000 FOR ONE SHIPMENT. IN ADDITION, YOU FURTHER AGREE THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH SWIFT SERVICE MEN MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO SWIFT SERVICE MEN OWN NEGLIGENCE (OR THE NEGLIGENCE OF ITS AFFILIATES, EMPLOYEES, OR AGENTS).
D. You acknowledge and agree that the fulfillment by Swift Service Men of its obligations under this Section of this Agreement satisfies any obligation Swift Service Men or any Swift Service Men affiliated Third Party Provider (regardless of whether the Third Party Provider performed labor or transportation services) may have for any damage, loss, shortage or other injury to your personal property items and/or other property that is caused by the negligent act or omission and/or intentional misconduct of a Swift Service Men affiliated Third Party Provider performing labor services.
E. You are responsible for filing a claim with Swift Service Men alleging Swift Service Men liability for any loss or damage to your personal property items or other property within 5 business days of the date of delivery of the shipment in question (or, if none, within 5 business days of the date the shipment should have been delivered). Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Swift Service Men of any and all liability with respect thereto. All claims must be submitted to Hr@swiftservicemen.command must be fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. When submitting a claim to Swift Service Men, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. The claims process may include communicating with the Third Party Provider in order to settle any disputes. Swift Service Men may, in its sole discretion, and without liability to User, terminate a claim if such claim is not resolved within thirty (30) days of receipt by Swift Service Men or if User, in Swift Service Men’ sole discretion, fails to cooperate with Swift Service Men when Swift Service Men is assessing the claim. Claims for items that were not professionally and adequately wrapped, boxed, and packed by anyone other than the Swift Service Men affiliated Third Party Provider will not be accepted. Only the individual that booked the job may file a claim. Claims for items that have already been repaired or replaced by you prior to being reviewed by a Swift Service Men will not be accepted and neither Swift Service Men nor the affiliated Third Party Provider will bear any liability for such claims.
24. SWIFT SERVICE MEN LIABILITY/DAMAGE EXCLUSIONS
SUBJECT TO SWIFT SERVICE MEN MAXIMUM LIABILITY SET FORTH IN SECTION ..., YOU AGREE AND ACKNOWLEDGE THAT Swift Service Men’(OR ITS AFFILIATES) LIABILITY FOR ANY DAMAGE TO THE FOLLOWING ITEMS WILL BE AS SET FORTH IN THIS SECTION REGARDLESS OF WHETHER THAT DAMAGE WAS CAUSED BY THE NEGLIGENCE OF Swift Service Men (OR ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES) OR A THIRD PARTY PROVIDER
A. Pre-Existing Damages
Swift Service Men (or its affiliates) is not responsible for the repair or reimbursement of pre-existing damages to personal property. Pre-existing damages are assessed and determined at our discretion before and/or after the move.
B. Natural Stone Materials
Marble, slate, and any other form of stone material items are prone to weakness and cracking overtime. Swift Service Men (or its affiliates) will not be responsible for damaged items made exclusively of (or a composite of) natural materials such as these.
C. Wood Floors
In the event that wood floors are damaged, Swift Service Men (or its affiliates) will only repair or replace the local area damaged, but cannot guarantee an exact match to the original finish. Swift Service Men cannot be responsible for the entire cost of the floor to be resurfaced or refinished.
D. Electronics and Appliances
Swift Service Men (or its affiliates) will not be responsible for electronics or appliances that fail to operate after moving and/or reconnecting. Third Party Providers may require all electronics to be properly boxed by customer before moving. Third Party Providers may require all appliances to be disconnected, uninstalled, and drained (if necessary) by the customer prior to move. Swift Service Men (or its affiliates) will not be responsible for any structural plumbing, electrical systems or water damage associated with electronics or appliances handled.
Swift Service Men (or its affiliates) will not be responsible for damage to lawns, landscaping, sprinklers, paved sidewalks and driveways not designed to handle standard box truck weight/traffic.
F. Specialty Items
Swift Service Men (or its affiliates) will not be responsible for damage to irreplaceable, one-of-a kind, or highly valuable items (i.e., valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, musical instruments, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced). You may want to consider packing and transporting these items in your personal vehicle.
G. Customer Participation
For your safety, Third Party Providers may prohibit customers from actively participating in the moving process. The Third Party Provider’s may insurance prohibits them from allowing customers onto truck ramps, lift gates, or inside of the truck. Swift Service Men (or its affiliates) will not be responsible for injuries or damages that occur due to your or any other non-customer’s actions.
Swift Service Men LIABILITY FOR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISING OUT OF THE TRANSPORTATION SERVICES PROVIDED BY UNAFFILIATED THIRD PARTY PROVIDERS
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Swift Service Men will cause unaffiliated Third Party Providers performing transportation services (namely the third party motor carriers involved in the shipment) to agree to be liable for the full replacement value of the cargo lost, damaged, delayed, or destroyed, except that such Third Party Providers’ full value liability shall not exceed $25,000 (U.S. Dollars) per shipment. Swift Service Men makes no express or implied warranties or representations regarding the amount of insurance maintained by Third Party Providers, including whether such insurance amount is sufficient to cover this liability. Swift Service Men may facilitate claims filing and processing with the unaffiliated Third Party Providers performing transportation services and may take responsibility for the payment of the claim if such Third Party Providers fail to timely pay the claim so long as you submit to Swift Service Men within five (5) business days of the date of delivery, a written claim to Swift Service Men Via Hr@swiftservicemen fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. Swift Service Men may, in its sole discretion and without liability to User, discontinue pursuit of claims with the applicable Third Party Provider if such claim is not resolved within thirty (30) days of receipt by Swift Service Men or if User, in Swift Service Men sole discretion, fails to cooperate with Swift Service Men in filing claims with the applicable Third Party Provider. Only the individual that booked the job may file a claim. Claims for items that have already been repaired or replaced by you prior to being reviewed by a Swift Service Men will not be accepted and neither Swift Service Men nor the Third Party Provider will bear any liability for such claims.
When the damage or loss to either your personal property items or other property occurs when the items are in transit or is otherwise caused by an unaffiliated Third Party Provider performing transportation services, you acknowledge and agree that Swift Service Men shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by Swift Service Men’ negligent acts or omissions, in which case, Swift Service Men’ liability shall be limited to the Charges assessed by Swift Service Men and paid by you with respect to the shipment at issue. You are responsible for filing a claim with Swift Service Men alleging Swift Service Men liability for cargo loss and damage within thirty (30) days of the date of delivery of the shipment in question (or, if none, within thirty (30) days of the date the shipment should have been delivered). Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Swift Service Men of any and all liability with respect thereto. In no event will Swift Service Men have any liability arising from or related to a Third Party Provider’s refusal to accept full value liability or a Third Party Provider otherwise limiting its liability for cargo loss and damage. Swift Service Men shall be under no obligation to arrange service in accordance with any set pick-up or delivery schedule. Any lawsuit arising from such claim must be commenced within eighteen (18) months of denial of all or any part of such claim. You acknowledge and agree that the sole liability of Swift Service Men with respect to loss, damage or delay to cargo shall be as set forth in this provision and you warrant and represent that if you are not the owner of such cargo, you hold authority from such owner to and do hereby bind the owner to the provisions of these Terms.
When submitting a claim to Swift Service Men, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. The claims process may include communicating with the Third Party Provider in order to settle any disputes. Claims for items that were boxed and packed by anyone other than the Third Party Provider will not be accepted.
25. SWIFT SERVICE MEN LIABILITY FOR INSTALLATIONS
Additionally, Swift Service Men does not arrange for the Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators and electrical equipment. You acknowledge that if a Third Party Provider installs or uninstalls one of the items listed in the immediately preceding sentence, whether accidentally or intentionally, Swift Service Men is not involved and WILL NOT PAY ANY CLAIM OR OTHERWISE BE LIABLE IN ANY MANNER WITH RESPECT TO ANY DAMAGE CAUSED BY THE THIRD PARTY PROVIDERS ACTIONS.
26. Warranty Disclaimer
- Use of the Swift Service Men platform is entirely at your own risk. This platform is specifically provided it “as is” and “as available” and without any warranty, representation or condition, express implied or statutory.
- SWIFT SERVICE MEN AND THE THIRD PARTY PROVIDERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SWIFT SERVICE MEN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
- YOU HEREBY WAIVE AND RELEASE SWIFT SERVICE MEN (AND SWIFT SERVICE MEN SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. YOUR USE OF THE THIRD PARTY PROVIDERS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION, LOST DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SWIFT SERVICE MEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.