Terms & Conditions
to-do’s
Your Carrier, LLC
3179 Green Valley Rd. #523
Birmingham, AL 35243
1. Introduction
The following terms and conditions (“Agreement”) apply to the services between Customer (i.e., the individual or entity contracting for Your Carrier LLC services hereunder) and Your Carrier LLC (the “Company”). This Agreement explains the policies that govern all the services and relationship between Customer and Company.
2. Nature of Services
Customer acknowledges that the Company provides services on a case-by-case basis and has the right to accept or refuse any Customer request, in the sole discretion of the Company.
3. Term and Termination
This Agreement shall commence as of Customer’s first use of the Sites, and shall continue in force at all times during Customer’s use of the Sites, until Customer ceases all use of the Sites, or Company otherwise terminates this Agreement. Company shall have the right to terminate this Agreement at any time and for any reason, with or without notice to Customer.
4. Expertise of Independent Contractors
Company makes no representations regarding the credentials, licensure, qualifications, expertise, or certification of any of the independent contractors it assigns to perform tasks for Customer, unless otherwise specified. Independent contractors are responsible for verifying his or her ability and competence to perform any task. As such, Company will not provide any services which require special expertise or qualifications unless otherwise specified. Company disclaims any and all liability for the quality of the independent contractor’s performance of the services, and Customer agrees that Customer’s sole and exclusive remedy for improperly performed services shall be a refund of charges at the sole discretion of Company. Any necessary tools, vehicles, or equipment required to perform the services must be provided by Customer unless otherwise agreed in writing, and Customer accepts all liability for such tools, vehicles, and equipment.
5. Invoice and Charge to Credit Card for Default
Customer understands that Your Carrier LLC, through an employee, representative, independent contractor, or otherwise, will propound to Customer an invoice for all services rendered. Customer agrees to pay the sum set forth on the invoice.
Customer acknowledges and agrees that, if the total sum set forth on the invoice is not paid within three (3) days of the date set forth on the invoice, Your Carrier may charge Customer’s credit card that it has on file, which Customer used to reserve and schedule the appointment.
6. Fees
Customer agrees to reimburse Company for actual expenses (based on mile radius), should Customer cancel or reschedule within sixty (60) minutes of any scheduled appointment, or in the event that Company determines at any point that the working conditions are unreasonable for performance of services. Customer further acknowledges that a fee will be charged to Customer should credit card decline. Customer agrees to submit payment on all invoices within three (3) days of services rendered. Customer further acknowledges that a 10% late fee will be charged on the principal of any invoice for each past-due day. Customer also agrees that Customer is responsible for all reasonable costs, expenses, and attorney fees incurred in collecting any past-due payment or that Your Carrier LLC may incur in its pursuit of collecting payment on any outstanding transactions. Customer further understands that Customer will be charged a $100 fee on all payments that bounce or are drafted on accounts with insufficient funds. Your Carrier may amend this section to update the prices from time to time. Your Carrier LLC will make the current and up-to-date version of this agreement and prices available to Customer during the ordering process, and continued use of the Services by Customer shall constitute acceptance of any changes.
7. Approved Services
Customer acknowledges that Company may accept or reject any service request in its sole discretion. Company shall not accept or approve any service requests relating to any dangerous or illegal items or conditions, or any services which require special training or qualification beyond which an ordinary person is unable to competently provide. A list of unapproved services may be attached to this Agreement as Exhibit A, and may be updated from time to time by Company without notice to Customer. Failure by Company to identify and reject a service request for an unapproved service does not constitute waiver of Company’s right to reject the same or similar services in the future, nor does Company agree to accept liability for the performance. Customer agrees to accept all liability for any performance of unapproved services.
8. Property/Item Damage
Customer acknowledges that Company does not cover property damage of any kind and will not service anything collectible, irreplaceable, highly-valuable or potentially-dangerous item, unless expressly approved in a separate writing that is signed by the owner or member of Company who is authorized to bind the Company. Customer understands that, under this Agreement, any claim for damage to property/item, whether personal, real, or otherwise, is waived unless a reasonable description of the damage is reported in writing to Company within two (2) days of the date of service. Customer further understands that Company must expressly accept responsibility for damaged items to bind itself and that merely reporting damage does not bind Company to any claimed damages.
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 or is otherwise caused by a Company-affiliated third-party provider performing delivery services,
Customer acknowledges and agrees that the fulfillment by Company of its obligations under this Agreement satisfies any obligation Company or any Company-affiliated Third Party Provider or Contractor (regardless of whether the Third Party Provider or Contractor performed delivery 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 Company-affiliated Third Party Provider performing delivery services.
Customer is responsible for reporting a claim to Company alleging Company liability for any loss or damage to Customer’s personal property items or other property within 2 business days of the date of services rendered. 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 Company of any and all liability with respect thereto. All claims must be submitted to Company via email and must be fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. When submitting a claim to Company, 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 or Contractor in order to settle any disputes. Company may, in its sole discretion, and without liability to Customer, terminate a claim if such claim is not resolved within thirty (30) days of receipt by Company or if Customer, in Company’s sole discretion, fails to cooperate with Company when Company is assessing the claim. Only the individual that booked the service may file a claim. Claims for items that have already been repaired or replaced by you before being reviewed by Company will not be accepted and neither Company nor the affiliated Third Party Provider or Contractor will bear any liability for such claims.
9. Indemnification
Customer agrees to indemnify, defend and hold harmless Company, its officers, directors, members, employees, independent contractors, agents, shareholders, licensors, suppliers and any third-party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees and litigation expenses, that arise from: (1) any violation of this Agreement by you; (2) any violation of any rights of a third party by you; or (3) any violation of applicable law.
10. Warranties
Customer acknowledges that Company makes no warranties, neither express nor implied, and that any all warranties are hereby expressly disclaimed.
11. Limitation of Liability
To the extent permitted by applicable law, in no event shall Company be liable to Customer for any special, indirect, incidental, or consequential damages arising out of or in connection with this Agreement, including but not limited to such damages arising from tort, including negligence and strict liability, breach of contract or warranty, including without limitation damages for interrupted communications, lost data or lost profits, even if such party has been advised of (or knows or should know of) the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Nothing in this section shall be construed to apply to the making of payments, collection of debts, unpaid accounts, or invoices.
COMPANY’S MAXIMUM LIABILITY TO CUSTOMER IS THE AMOUNTS PAID BY CUSTOMER FOR THE JOB. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO CUSTOMER, CUSTOMER’S PERSONAL PROPERTY ITEMS, ANY THIRD PARTY, OR OTHER PROPERTY EXCEEDING AMOUNT PAID FOR ONE JOB. CUSTOMER FURTHER AGREES THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH COMPANY’S MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO CUSTOMER, CUSTOMER’S PERSONAL PROPERTY ITEMS, ANY THIRD PARTY, OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO COMPANY’S (OR ANY OF COMPANY’s EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS) OWN NEGLIGENCE, RECKLESSNESS, OR ANY OTHER CAUSE OF ACTION AT LAW, IN EQUITY, OR PROVIDED BY STATUTE.
12. Independent Contractors
Customer acknowledges and understands that Company uses independent contractors for services. Customer understands that the independent contractors are not employees or agents of Company. The independent contractors have autonomy of the services provided, including the operation of vehicles, and are not under the direct control of any supervisor, officer, master, or employer. Customer shall not contact or attempt to contact the independent contractors outside of the designated methods made available through the Sites, and shall not make any attempt to solicit the independent contractors to perform any services.
13. Notices
Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, mailed by certified mail, return receipt requested, or delivered by a national overnight delivery service prepaid and addressed to the addresses set forth in the preamble to this Agreement or to such other address as each party may designate in writing.
14. Force Majeure
If the performance of this Agreement, or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.
15. Integration
This Agreement together with all exhibits and other related documents that are incorporated herein by reference, embodies the entire Agreement and except as otherwise contemplated herein, supersedes all prior agreements, written and oral, relating to the subject matter hereof. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, the Agreement shall take precedence.
16. Amendments
Amendments to this Agreement, including any exhibit hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. Under this provision, both parties must agree to any amendments to the Agreement for such amendment to be valid.
17. Assignability
No party to this Agreement may assign or delegate all or any portion of its rights, obligations, or liabilities under this Agreement without the prior written consent of the other party to this Agreement.
18. Waiver
The failure of any party hereto to enforce any provision of this Agreement, or any right with respect hereto, or failure to exercise any election provided for herein, shall in no way be considered a waiver of such provision, right, or election, or in any way affect the validity of this Agreement. The failure of any party hereto to enforce any provision, right, or election shall not prejudice such party from later enforcing or exercising that provision, right, or election that it has under this Agreement.
19. Nondisparagement
Customer agrees not to undertake any disparaging or harassing conduct directed at Company, its officers, members, owners, employees, independent contractors, or representatives, at any time during the term of the Agreement or following termination hereof.
20. Mandatory Arbitration of Disputes
Customer and Company agree to arbitrate all claims, controversies, or disputes of any kind ("claims") against each other, including but not limited to claims arising out of or relating to this Agreement, or Company’s services, software, billings, advertisings, or equipment. This agreement to arbitrate is intended to be broadly interpreted and applies to, among others: all claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation or any other legal theory; all claims that arose before your receipt of services from Company (such as from advertisings) or before this agreement; all claims that arise after the termination of Company’s services to you or after the termination of this Agreement; all claims you may bring against Company’s employees, independent contractors, agents, affiliates or other representatives; and all claims that Company may bring against you. The sole exception to this arbitration agreement is that either Customer or Company may, in the alternative, brings claims for the collection of debts or collection of past-due accounts or invoices in a court having valid jurisdiction. Customer and Company agree, however, that neither Company nor Customer will join any claim with a claim or claims of any other person(s) or entity(ies), whether in a lawsuit, arbitration, or any other proceeding, including class actions, mass actions, or multidistrict litigation. Customer and Company agree that no claims will be asserted in any representative capacity on behalf of anyone else; that no claims will be resolved on a class-wide or collective basis; that no arbitrator or arbitration forum will have jurisdiction to adjudicate or determine any claims on a class-wide or collective basis; and that no rules for class-wide or collective arbitration will apply.
21. Jurisdiction and Disputes
This Agreement will be governed by the laws of the State of Alabama, without regard to its conflicts of law provisions, provided that matters affecting copyrights, patents, and/or trademarks will be governed by United States federal law.
The parties agree that the judicial forum for any actions or proceedings brought relating to this Agreement and allowable under this Agreement shall be the federal or state courts located in the State of Alabama, County of Jefferson, Birmingham Division.