Our Terms of Service | Trusted Moving Company

Terms of Service for Swift Service Men

AGREEMENT

You acknowledge and agree to the following terms and conditions when You use the Swift Service Men Marketplace. Swift Service Men reserves the right to change these Terms at any time. However, if Swift Service Men makes changes to the Terms, Swift Service Men will not notify you of revising. Swift Service Men encourages you to review these Terms periodically to stay informed about Swift Service Men practices, and you should always review these Terms before placing any order for Services. By placing a order you automatically agree to the terms of services.

Unless Swift Service Men notifies you otherwise, whenever Swift Service Men make changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any Swift Service Men Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with Swift Service Men, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.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. The 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 Service Provider”,“Third Party Provider”, “Service Provider”, “Mover”, “Pressure Washing Suppliers”, “Lawn Care Providers”– an independent individual or corporate entity or organization, that desires to provide services, such as Swift Service Men services and others, to the consuming public.

c. “We”, “Us”, “Our” or “SSM” – SSM, LLC, a North Carolina Limited Liability Company with principal place of business in Charlotte, North Carolina

d. “Services” -Swift Service Men services or other services provided by a Swift Service Men Provider

e. “Swift Service Men MarketPlace” or “MarketPlace”or “Platform” or “web site”- Our website located at Swift Service Men.com

f. “Swift Service Men Request” or “Booking” or “Place Order” – Your offer to enter into a transaction for the Services

2. Acknowledgement, Common Sense and Good Judgment.

You acknowledge that We give You access to the Marketplace free of charge. You acknowledge and agree that We give You the ability to book a Swift Service Men Service Provider and its Services on the MarketPlace. You agree to use common sense and good judgment when using the Swift Service Men MarketPlace and when booking Swift Service Men Service Provider and its Services.

3. Qualification for Use of the MarketPlace.

In order to qualify to use this MarketPlace, You must be and You acknowledge that You are an individual whom can enter into a legally binding contract under applicable law. In compliance with the Child Online Privacy Protection Act, this web site is not intended or provided for use by minors.

Please read the following sections very carefully.

4. Swift Service Men operates the Marketplace “Platform”.

The MarketPlace web site functions solely as a online venue to connect You and the various Swift Service Men Service Providers. We are not involved in any manner with the provision of the Services by the Swift Service Men Service Provider. Swift Service Men is a technology and communications company that matches individuals who are seeking local, regional, and other services with (i) independent third party labor providers capable of providing labor services; and/or (ii) independent third party motor carriers capable of providing property transportation services (each individual or company with whom Swift Service Men contracts and matches with you to provide the requested Services is referred to herein as a “Third Party Provider”). Swift Service Men is not a household goods mover or other transportation provider and does NOT provide moving services, lawn care services, pressure washing services. Swift Service Men is a property broker that connects you, a “User” of the Swift Service Men Platforms, with other Users or Third Party Providers. As a property broker, Swift Service Men does not, and is not, authorized to provide household goods brokerage services or otherwise arrange for the transportation of household goods. Accordingly, when acting as a property broker, you understand and agree that Swift Service Men will not arrange for property (also known as cargo) to be transported by a motor carrier providing household goods related services. You also understand and acknowledge that property brokers are not subject to the same laws and regulations applicable to household goods brokers or carriers and that, by obtaining Services through the Swift Service Men Platforms, you may not be entitled to the same consumer protections afforded to consumers dealing with household goods movers.

By using the Swift Service Men Platforms to order Services, you acknowledge and agree that you are requesting that Swift Service Men provide you with property broker services only and that Swift Service Men should request and schedule the Services with Third Party Providers on your behalf. You further acknowledge and agree that when Swift Service Men arranges for a Third Party Provider to perform labor services or a Third Party provider to perform transportation services, Swift Service Men is acting in its capacity as a property broker (and not as a transportation provider or as a broker of the transportation of household goods). Swift Service Men has no responsibility for any transportation or labor or other services provided on your behalf by the Third Party Providers and will not participate in any dispute between you and a Third Party Provider. You further acknowledge that you may be exposed to situations involving Third Party Providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that the use of Third Party Providers arranged by Swift Service Men is at your own risk and judgment.

5. Transaction for Services.

By clicking “Place Order”, You acknowledge and agree that You have submitted a Swift Service Men Request and that this is Your effective offer to enter into a transaction for the Services with that Swift Service Men Service Provider.

6. Payment for Services.

By clicking “Place Order”, You acknowledge and agree that You have authorized payments for the deposit or total amounts of the Services and that You have authorized Us to charge the total amounts for the same against Your credit or debit card. Furthermore, by clicking “Place Order”, You acknowledge and agree that You have requested a Payment Message in order to complete the transaction for any provided Services.

You acknowledge that we are not a financial institution and that we do not provide financial services. You acknowledge that We act only as a facilitator for the process that helps You pay the Swift Service Men Service Provider for any provided Services. Furthermore, You acknowledge that We do not establish an account, escrow or otherwise, for Your payments and We do not act as a trustee, fiduciary or escrow with respect to Your payments.

You agree to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information. We cannot guarantee the ability of You to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm Your identity or ability to pay for the provided Services.

Upon the completion of, and your satisfaction with, the Services, You agree that You will complete the transaction with the Swift Service Men Service Provider by paying the amount due in Payment Message or presenting the Payment Code to the Swift Service Men Service Provider. You agree and acknowledge that Your payment of the amount due in Payment Message Orpresentation of the Payment Code to the Swift Service Men Service Provider is Your payment to the Swift Service Men Service Provider and Your authorization for the release of any and all authorized payments for the Services. You agree that You are responsible for any and all payments owed to the Swift Service Men Service Provider. You agree that You are NOT entitled to a refund from Us for any Services that are completed in less time than that amount of time set forth in your Request. All qualified services come with insurance applied when the order is placed, please see section 8 for more details.

7. Your Review of Swift Service Men Service Provider.

You acknowledge that You, as the Customer for the Services provided by theSwift Service Men Service Provider, have the ability to control and make others aware of, by means of commentary and feedback on the MarketPlace, the quality (or lack thereof) of Swift Service Men Service Provider and/or their Services on the MarketPlace. You agree that this ability is critical for Your future MarketPlace decision making and for the future MarketPlace decision making of other Customers.

You expressly grant Us the irrevocable, perpetual, worldwide and royalty free right to use Your Swift Service Men Service Provider review (including your first name and the first letter of your last name) for our advertising and marketing purposes in any manner and in any media that We so choose whether now known or hereafter devised. Furthermore, You agree that You will not allow Your Swift Service Men Service Provider review to be used by a Swift Service Men Service Provider for their own advertising and marketing on their own websites and materials as such use is outside of the purpose of this provision and the MarketPlace. Finally, You agree that You do not have the right to remove Your Swift Service Men Service Providers review.

8. PROPERTY DAMAGES; SWIFT SERVICE MEN DAMAGE PROTECTION POLICY

Swift Service Men is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While Swift Service Men attempts to connect you with only high quality Third Party Providers, Swift Service Men does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. As an independent property broker, neither Swift Service Men nor any of its subsidiaries or affiliates shall be liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. However, Swift Service Men will agree to provide you with the voluntary damage protection set forth below if you timely file a claim with Swift Service Men (the “Damage Protection Policy”). Swift Service Men will not provide you with any other property damage protection other than as set forth below, and by placing an order with Swift Service Men, you understand and agree that you will not be entitled to recover from Swift Service Men or any of its subsidiaries or affiliates for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Swift Service Men Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with Swift Service Men or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.

Note that you may not obtain coverage under the Damage Protection Policy and obtain damages from a Third Party Provider (or any insurance policy insuring such Third Party Providers). By choosing to pursue a claim under the Damage Protection Policy, you hereby waive and release the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services and agree that the maximum liability for any damages to your personal or real property shall be as set forth herein.

In addition, in order to access and use the Third Party Providers on the Swift Service Men Platforms, you agree that no Third Party Provider shall be liable to you for any damages in excess of the damages to which you would be entitled under the Damage Protection Policy below. For the avoidance of doubt, this means that if you choose to pursue a claim against any Third Party Provider instead of Swift Service Men , your claim with such Third Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below. It is expressly acknowledged and agreed that the Third Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.6) of these Terms. Notwithstanding the foregoing, the Recovery Rate (defined below) and the $2,000 limitation on liability (described below) shall not apply to a claim by you against a Driver (defined below) for damages caused to your personal property as a result of a motor vehicle accident. Such limitations shall, however, apply to any such claim by you against Swift Service Men or its subsidiaries and affiliates.

8.1 Damages To Personal Property Caused By Third Party Providers

If a Third Party Provider arranged by Swift Service Men to provide you with labor Services (a “Laborer”) damages or loses your personal property while moving your personal property, including, while loading or unloading your personal property in a transportation vehicle provided by you, another company, or a Third Party Provider arranged by Swift Service Men to provide you with transportation Services (a “Driver”), or if (and only if) your order includes both labor and transportation Services (also referred to as “Movers + Truck” order on the Website) and your personal property is damaged in transit (i.e., during shipment) as a result of the negligent packing of your personal property in a transportation vehicle by a Laborer or by the negligent driving of the Driver, Swift Service Men will assume liability for your damaged personal property items at a rate of sixty cents per pound ($.60/lb.) per item damaged (the “Recovery Rate”), provided, however, that Swift Service Men maximum liability per shipment or order shall not exceed $2,000. For the avoidance of doubt, Swift Service Men will not assume any liability for any damages that occur in transit if you have ordered only labor Services (also referred to as a “Labor-only Moving Help” order on the Website) and not additional transportation Services. (In other words, Swift Service Men will not assume any liability for any damages that occur in transit if you have not submitted a Movers + Truck order). In addition, if you have ordered only labor Services (i.e., submitted a Labor-only Moving Help order), Swift Service Men maximum liability for such order shall be reduced and shall not exceed $1,000 per order.

For purposes of determining the weight of a particular item that qualifies for protection under the Damage Protection Policy, each shipping piece or package and the contents thereof shall constitute one item. In addition, the component parts of any single item disassembled for the purposes of handling, loading, and/or transporting such item shall constitute one item.

If you have personal property that significantly exceeds the Recovery Rate (e.g., an item valued at $5,000 that weighs only 50 pounds would be worth $100 per pound in contrast to the maximum Recovery Rate of $.60 per pound) or if you have ordered only labor Services that will not qualify for the Damage Protection Policy for damages that occur during transit, Swift Service Men strongly advises that you take extra precautions to ensure the safety and security of your items, including, but not limited to, by wrapping and protecting the items with your own materials prior to handling by a Laborer, ordering or providing extra padding and other packing materials for the Laborers to use to secure and protect the item, directing the Laborers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third party insurance for such items. Personal property that may significantly exceed the Recovery Rate includes, by way of example, but not limitation, jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronics devices. By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high priced items, items of sentimental value, or otherwise, other than as set forth herein, regardless of whether such damages are negligently or intentionally caused by any Laborer or Driver (if applicable).

8.2 Damages To Real Property Caused By Third Party Providers

If a Third Party Provider (whether a Laborer or Driver) causes damage to your real property while performing the Services and you timely file a claim for damages, Swift Service Men will only assume the following liability for damages, provided that all your damages, whether to real or personal property shall be subject to the maximum total per order limitations described above ($1,000 for labor only services and $2,000 for labor and transportation services):

Damages to Wood Floors

In the event that wood floors are damaged, Swift Service Men will only repair or replace the local area damaged. Swift Service Men will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-Services finish. In addition, Swift Service Men will only offer the reasonable market rate, in its sole discretion, for repair of the local area damaged.

Notwithstanding the foregoing, Swift Service Men will not pay for any minor (3 inches or less) nicks or scratches or dents to wood flooring that, in Swift Service Men sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, prior to receiving any Services. You should also ensure that any furniture that you need moved is placed on sliders or that sliders are made available to the Laborers. In addition, if you do not have any covering for your wood flooring, you should not permit the Laborers to use any dollies or other hand trucks etc. which may be more likely to cause damage to your wood floors which Swift Service Men is not liable for.

Damages to Handrails, Walls, Doors, and Drywall

Swift Service Men will not be liable for what Swift Service Men, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property, including, but not limited to, any paint damage, that you may incur as a result of the Laborers’ performance of the Services. Swift Service Men may, but shall not be required to, assume liability for what Swift Service Men determines, in its sole discretion, constitutes significant damage to handrails, walls, doors, and/or drywall. In such case, Swift Service Men will, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services or (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by Swift Service Men in its sole discretion.

Swift Service Men will not be liable for any other damages to your real property, including, but not limited to, for any damages to lawns, landscaping, sprinklers, siding, brick, decks, sidewalks, or driveways (including, without limitation, any cosmetic damage to driveways or other concrete or paved areas). You should not allow any transportation or other vehicles to park on your driveway or sidewalks if they are not capable of supporting such vehicles or if you are concerned that they may damage your driveway, sidewalks, or lawn. You should notify Swift Service Men prior to any Third Party Provider arriving to perform the Services so that they may make arrangements to park on a street or other designated area.

8.3 Filing Claims Under The Damage Protection Policy

If you have sustained damages to your personal or real property as a result of your receipt of the Services from a Third Party Provider, you must file a claim for damages within five (5) business days after you receive the Services at issue. Your claim for damages must be filed within the five (5) day claim period (the “Claim Limitations Period”) regardless of any other dispute that you may have. Claims may only be filed by the individual that booked the order for Services or the owner of the personal or real property damaged by the Third Party Providers. Failure to timely file a claim within the Claim Limitations Period will result in an absolute bar to any claim that you have against Swift Service Men or its subsidiaries or affiliates for damages to your personal or real property, regardless of whether such damages arise in contract, tort, or under any other legal theory.

To file a claim for damages under Swift Service Men Damage Protection Policy, you must contact the Swift Service Men at the Claim Center. You may contact the Swift Service Men Team by following the links at the Website Swiftsericemen.com, by submitting a request to [email protected], or by requesting to speak with the Swift Service Men Team at 1-704-499-3094. The Swift Service Men Team will provide you with a damage claim form that you must complete and submit with all relevant documentation within the Claim Limitations Period. Relevant documentation includes, but is not limited to, a description of the damaged property, the nature of the damages, the weight of the item(s), and any pictures evidencing your damages. Your damage claim is not considered filed until you have submitted a completed damage claim form with Swift Service Men. When submitting a claim to Swift Service Men Team, all claims for damages must be included in the original claim. Additional claims for damages based on the same order for Services that are submitted after the original claim has been filed will not be accepted and shall be deemed waived.

Once your claim has been filed, you agree to cooperate with Swift Service Men in its investigation into your claim (e.g., by submitting documentary and other evidence requested by Swift Service Men, including, without limitation, additional pictures). If you fail to cooperate with Swift Service Men while it is assessing the claim or if your claim is not resolved within thirty (30) days due to some action or inaction on your part, Swift Service Men may, in its sole discretion, deny your claim in its entirety, and you agree that neither Swift Service Men nor any of its subsidiaries or affiliates will be liable for any damages to your property.

After Swift Service Men has reviewed your claim and any evidence submitted by you in support of your claim, Swift Service Men will issue you a claim settlement offer. You must accept or reject the settlement offer within thirty (30) days of the date that you received Services. For example, this means that if you receive a settlement offer fourteen (14) days after you received Services, you will have sixteen (16) days to accept or reject the settlement offer. Your claim should be resolved within thirty (30) days of your receipt of the Services at issue. If you do not respond to a settlement offer after receipt and within such thirty (30) day window, your claim will be denied in its entirety, and you will not be entitled to any damages under the Damage Protection Policy.

8.4 Specific Exclusions From The Damage Protection Policy

Notwithstanding anything herein to the contrary, including the foregoing discussion of the Damage Protection Policy, Swift Service Men and its subsidiaries and affiliates shall not be liable for any of the following damages:

Pre-Existing Damages

You will be required to disclose any pre-existing damages to Swift Service Men prior to your move. In addition, Swift Service Men reserves the right, in its sole discretion, to declare a damage as pre-existing based on its investigation of your claim if facts and circumstances warrant such a determination.

Minor Damages

Swift Service Men will not pay any damages for minor dents or small nicks or scratches caused by any Third Party Provider (or any agent thereof) to your property as a result of your receipt of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.

Particleboard Furniture

Swift Service Men will not be liable for damage to any particleboard, chip-core, or pressboard furniture.

Natural Materials

Marble, slate, and stone material items are prone to weakness and cracking overtime. Swift Service Men will not be liable for damaged items made exclusively of (or a composite of) natural materials.

Completed Repairs

Swift Service Men will not pay any damages that have been repaired or replaced by you or someone else at your request prior to you filing a claim with Swift Service Men. You should not repair or replace property before resolving your claim with Swift Service Men unless you have obtained prior written consent from Swift Service Men.

Certain Electronics and Appliances

Swift Service Men will not be liable for electronics or appliances that fail to operate after being shipped and/or reconnected, nor will Swift Service Men be liable for any structural plumbing, electrical systems, or water damage associated with electronics or appliances that are handled by a Laborer. Third Party Providers should require all appliances to be disconnected, uninstalled, and drained (if necessary) by you prior to moving such items. In addition, Swift Service Men will not be liable for any damages caused to an electronics device (including, without limitation, any television or other display monitor) that is not properly boxed and protected before handling by a Laborer. You should never allow a television or other display monitor to be shipped or otherwise transported without proper protective packaging and securement.

Reassembled Items

If you request reassembly of any of your personal property by any Laborer or other Third Party Provider, Swift Service Men will not be liable for any damages that may arise as a result of the assembly, attempted assembly, or failed assembly of items containing particleboard, chip-core, or pressboard.

Installations

Swift Service Men does not arrange for Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If a Third Party Provider provides any such services, Swift Service Men will not be liable in any manner for any damages that may arise as a result of the actions or inactions of such Third Party Provider who performed such services.

Prohibited Items

Swift Service Men will not be liable for any damages to personal property that Laborers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), perishables (frozen food, plants, produce, refrigerated food, etc.), contraband or other items prohibited by federal or state law (illegal drugs, etc.), stolen property, and other property which you do not have a lawful right to possess.

Evictions

Although Swift Service Men retains the right to cancel, and the Third Party Providers may refuse to complete, an order for Services in the event that you or someone else at the location to be serviced is being evicted, in the event that an order for Services is nonetheless completed, you will not be eligible for any protection under the Damage Protection Policy and agree to indemnify, defend, and hold Swift Service Men and its subsidiaries and affiliates harmless from and against any and all expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind, including as imposed by a court of law or by any governmental body or agency, that Swift Service Men and/or its subsidiaries and affiliates may incur as a result of, arising out of, or in relation to your or someone else’s eviction.

Fraudulent Misrepresentations of Weight

Swift Service Men will not pay any damages for any items based on weights that appear, in Swift Service Men sole discretion, to be inaccurate or a misrepresentation of the items’ true weight.

8.5 Personal Injuries

For your safety, Third Party Providers may prohibit you and your agents from actively participating in the Services, including any loading or unloading of personal property, in accordance with their applicable insurance policies or other contractual arrangements, which may prohibit them from allowing you onto truck ramps, lift gates, or inside any moving truck. To the extent you or your agents should disregard their instruction or otherwise participate in any Services, neither Swift Service Men nor any of its subsidiaries or affiliates or the Third Party Providers shall be liable for any injuries or damages that you or your agents may incur or otherwise suffer, and you agree to indemnify Swift Service Men and its subsidiaries and affiliates from any expenses, losses, or damages that Swift Service Men or its subsidiaries or affiliates may incur as a result of your disregard of the provisions in this Section 8.5.

8.6 Disputed Claims

If you dispute Swift Service Men handling of your claim for damages under this Section 8, including, but not limited to, any proposed claim settlement under the Damage Protection Policy, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution and arbitration provision contained in Section 10 (and its subparts) below and that you must abide by the procedures discussed therein. If you desire to file a claim for arbitration pursuant to Section 10 (and its subparts), or otherwise contest the validity of the arbitration provision, you must commence such claim within eighteen (18) months of the filing of your initial claim with the Swift Service Men Team.

9. Canceling an Order

You may cancel an order for Services at any time. However, cancellations are subject to Swift Service Men cancellation policy, which is currently posted at FAQ.

10. DISPUTE RESOLUTION

10.1 Informal Dispute Resolution Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against Swift Service Men or any Third Party Provider or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the Swift Service Men Platforms; or your order for, receipt of, or the performance of the Services (collectively, the “Disputes”). The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to Swift Service Men.

10.2 Arbitration

If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and Swift Service Men, provided, however, 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 or class in any purported class action or representative proceeding. Further, unless both you and Swift Service Men otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of Sections 10.2 through 10.7 hereof will be deemed void and severable. Except as provided in the preceding sentence, Section 10 of these Terms (and each of its respective subparts) will survive any termination of this agreement.

10.3 Arbitration Rules and Governing Law

The arbitration of all Disputes will be administered by a single arbitrator of 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 Section 10 hereof (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of North Carolina.

10.4 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf.) The written Demand for Arbitration shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to Swift Service Men at the following address: Swift Service Men, LLC., 301 McCullough dr , Suite 400, Charlotte , NC 28262.

10.5 Arbitration Location and Procedure

Unless you and Swift Service Men agree otherwise, the arbitration will be conducted in Charlotte ,North California. 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 and 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.

10.6 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with Sections 8 and 10 hereof (and their respective subparts), including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.7 Fees

Except where 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)), Swift Service Men will pay for the costs of the arbitration, including the arbitrator’s fees and expenses, the cost of the arbitration site, and the portion of the filing fee that exceeds the filing fee then in effect for filing civil actions in the United States District Court of North Carolina, if you are the claimant. In all other respects, the parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.

11. WARRANTY DISCLAIMER.

USE OF THE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. THIS MARKETPLACE IS SPECIFICALLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED.

WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE MARKETPLACE, OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCUDING THIRD PARTY HACKERS) , OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO AS A RESULT OF A CONNECTION BY THIS MARKETPLACE.

12. Our Limitation of Liability.

SWIFT SERVICE MEN, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 (AND ITS RESPECTIVE SUBPARTS 8.1 THROUGH 8.6) ABOVE. FOR THE AVOIDANCE OF DOUBT, SWIFT SERVICE MEN, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS’ MAXIMUM LIABILITY PER ORDER SHALL NOT EXCEED $1,000 FOR REQUESTS FOR ONLY LABOR SERVICES OR $2,000 FOR REQUESTS FOR LABOR AND TRANSPORTATION SERVICES, AND IN NO EVENT WILL SWIFT SERVICE MEN, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE, AGENTS, EMPLOYEES, AND CONTRACTORS’ LIABILITY TO YOU FOR ANY DAMAGE TO YOUR PERSONAL OR REAL PROPERTY EXCEED SUCH LIMITATIONS FOR ONE ORDER. IN ADDITION, SWIFT SERVICE MEN, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE SWIFT SERVICE MEN PLATFORMS, AND/OR THE SERVICES PERFORMED BY THIRD PARTY PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY), AND EVEN IF SWIFT SERVICE MEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.

13. Indemnification.

You agree to indemnify, defend and hold Us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, damage or loss, incurred or arising out of your use of the MarketPlace, breach of this Agreement, violation of any federal or state law, statute, regulation or the infringement of any third party rights including but not limited to any third party intellectual property rights.

14. Assignment.

This Agreement may be assigned and transferred by Us to a third party at anytime and without notice to You. This Agreement may not be assigned by You.

15. Independent Contractor.

You hereby agree and acknowledge that Your use of this Marketplace does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us whatsoever.

16. Severability.

Each provision of this Agreement is intended to be severable. If any term, covenant, condition, or other provision herein is unlawful, invalid or unenforceable for any reason whatsoever, and such illegality, invalidity or unenforceability does not affect the remaining parts of this Agreement, then all such remaining parts hereof shall be valid and enforceable and have full force and effect as though the invalid or unenforceable provisions had not been included. A waiver of any part of or performance under this Agreement shall not constitute a waiver of the whole.