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User Agreement

END USER LICENSE AND TERMS OF SERVICE

Effective Date: 02/14/2018

Last Updated Date: 02/14/2018

Acceptance of the Terms and Conditions.

Binding Agreement; Description. Loadz, Inc., a California corporation (“Loadz,” “we,” “us” or “our”) provides and makes

available its marketing tools, including its payment processing capabilities, scheduling tools, website located at www.loadznow.com (the “Site”)

and its Loadz mobile application

(the “App”) (collectively, the “Service”). All uses of the Service are subject to the terms and conditions in

this End User License and Terms of Service (this “EULA”). Please read this EULA carefully. By accessing,

browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to

be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access,

browse or use the Service.

 

AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL

BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE

REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

Changes to this EULA. You understand and agree that Loadz may change this EULA at any time without

prior notice; provided that Loadz will endeavor to provide you with prior notice of any material changes.

You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the

Service. The revised terms and conditions will become effective at the time of posting. Any use of the

Service after such date will constitute your acceptance of such revised terms and conditions. If any

change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and

otherwise using the Service. The terms of this EULA will govern any updates Loadz provides to you that

replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate

license or revised EULA, in which case the terms of that license or revised EULA will govern.

Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any

dispute between you and Loadz that arose prior to the effective date of such revision.

Privacy Policy. Your access to and use of the Service is subject to Loadz’s Privacy Policy located at

www.loadznow.com/privacy (“Privacy Policy”), which is incorporated herein by reference.

 

Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY

SUSPENDED OR REMOVED FROM THE SERVICE BY LOADZ. IF YOU ARE UNDER 13 YEARS OF AGE, YOU

MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you

affirm that you are at least 18 years of age.

The Service.

 

Description. The Service provides independent delivery professionals (“Delivery Professionals”) with a

network through which Delivery Professionals can provide delivery services (each such delivery service is

a “Project”). Any person who accesses and/or uses the Service to connect with a Delivery Professional is

a “Customer.” Loadz does not provide professional services. Loadz offers tools, information, and a

method for Customers to obtain services, but does not, nor does it intend, provide such services.User Agreement

Limitations. LOADZ DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION

CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY

PROFESSIONALS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE

SCHEDULED THROUGH USE OF THE SERVICE. LOADZ OFFERS INFORMATION AND A PLATFORM TO

FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES

NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION

CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY

FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

Mobile Services. The App may offer the Service via a mobile phone, tablet or other wireless device

(collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees

will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile

Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work

with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to

determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be

applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of

the App and the related Mobile Services must be in accordance with this EULA.

Registration.

 

Accounts. To use the Service, you must create an account (an “Account”). The information required to

create an Account may vary depending on if you create an Account as a Delivery Professional or a

Customer. If you create an Account as a Delivery Professional, you will also be required to agree to the

Agreement for Delivery Professionals to Engage Loadz for its Services and other terms that will be made

available to you during the Account creation process. You are solely responsible for maintaining the

confidentiality and security of your username and password, and you will remain responsible for all use

of your username and password, and all activity emanating from your Account, whether or not you

authorized the activity. If you use the Service on behalf of a company, entity, or organization (each an

“Organization”), then you represent and warrant that you: (i) are an authorized representative of that

Organization with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA

on behalf of such Organization.

 

Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized

third parties have accessed your Account, then notify Loadz immediately at contact@loadznow.com,

and change your password at the earliest opportunity. Loadz will not be liable for any loss or damage

arising from unauthorized use of your credentials prior to you notifying Loadz of the unauthorized use or

loss of your credentials.

 

Rules for Customers. The terms in this Section 4 apply to Customers and not to Delivery Professionals.

Requesting Projects. In order to request a Project, you will have to specify certain information about the

Project, which may include: the pick-up point, the destination, the items you are requesting to be lifted

or moved (“Items”), contact information and the date and time of pick-up. Using the address you

provide, Loadz will use commercially reasonable efforts to connect you with a Delivery Professional o

perform the Project for you and will provide them applicable details regarding the Project. If no Delivery

Professionals are available, Loadz will notify you that there are no Delivery Professionals available toUser Agreement

perform the Project, at which point we will have no further obligation to attempt to connect you to a

Delivery Professional for the applicable Project.

 

Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY OF THE FOLLOWING

 

TRANSPORTED: accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad

or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other

similar valuable articles, paintings, statuary and other works of art, manuscripts, mechanical drawings,

live animals, tobacco, cigars, cigarettes, non-ferrous metal in scrap and/or ingot form, or furs and skins.

Some states including California and Georgia do not allow the transportation of used goods from home

to home.

 

A DELIVERY PROFESSIONAL HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO

PERFORM THE PROJECT FOR ANY PROJECT TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR

RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY PROFESSIONAL, IN HIS OR HER

SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR

OPERATIONALLY IMPRACTICABLE TO PERFORM THE PROJECT, OR THAT THE SERVICE IS BEING USED IN

VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT

INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND LOADZ WILL COOPERATE

FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED

THROUGH USE OF THE SERVICE.

 

Fees. The base fee for each Project will be displayed to you on the Service, and include expenses that

may be incurred by the Delivery Professional in the normal course of completing your Project, including,

without limitation, any tolls (collectively, “Base Fees”).

 

Payment. Unless otherwise agreed, Loadz accepts credit cards through our third party payment

processor. Base Fees are due immediately following the applicable Delivery Professional’s confirmation

of completion of your Project. If you cancel your Project, then Loadz will charge you $10 per Delivery

 

Professional. ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.

 

Insurance and Liability.

Your maximum claim for damages of any or all Items to be delivered for a

particular Project will be the lower of the declared value of the Items that you specified when requesting

the Project or $10,000 (in aggregate) for any verifiable damage to the Items that occurred during

performance of the applicable Project.

 

Payment Processor

Users make their contracts directly with other users, not with Loadz. Fees (including Base Fees) for using

the Service will be processed via Loadz’s third party payment processor. Our payment processor may

require you to read and agree to its standard terms and conditions.

Loadz reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment,

or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any

taxes (including VAT, if applicable) required to be paid on their use of the Service or on any related

payment received (other than taxes on Loadz’s income).User Agreement

Loadz will authorize and place a hold on customer’s credit card at the time the order is received by

Loadz. The authorized amount will be for a minimum of $100.00 or the higher end of the estimated

delivery cost if the estimate is greater than $100.00.

Intellectual Property Rights

 

License.

The Service is licensed, not sold, to you for use only under the terms of this EULA. Loadz

reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with

this EULA, Loadz hereby grants you a personal, limited, revocable, non-transferable license to access and

use the Service.

 

Content.

Except for User Content (as defined below), the content made available on or through the

Service, including without limitation, any text, graphics, photos, software, and interactive features, may

be protected by copyright or other intellectual property rights and owned by Loadz or Loadz’s third

party licensors (the “Loadz Content”). You may not copy, reproduce, upload, republish, transmit, post or

distribute any materials from the Service in any way without prior express written permission of the

copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s

functionalities. You may not modify or use any materials obtained from or available through the Service

unless you have obtained the applicable copyright owner’s prior express written authorization. Loadz

solely owns all design rights, databases and compilation and other intellectual property rights in and to

the Service, in each case whether registered or unregistered, and related goodwill.

 

Marks.

The Loadz trademarks, service marks, and logos (the “Loadz Trademarks”) used and displayed on

the Service are Loadz’s registered and unregistered trademarks or service marks. Other product and

service names located on the Service may be trademarks or service marks owned by third parties (the

“Third-Party Trademarks,” and, with the Loadz Trademarks, the “Trademarks”). Nothing on the Service

or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or

right to use any Trademark displayed on this Service without Loadz’s prior express written consent for

each individual use. You may not use the Trademarks to disparage Loadz or the applicable third-party,

Loadz’s or a third-party’s products or services, or in any manner (using commercially reasonable

judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of

a link to or from any Service without Loadz’s prior express written consent. All goodwill generated from

the use of any Loadz Trademark will inure solely to Loadz’s benefit.

 

Restrictions.

You may not sell, transfer, assign, license, sublicense, or modify the Loadz Content or App,

and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or

otherwise use the Loadz Content in any way for any public purpose. The use or posting of any of the

Loadz Content on any other website or in a networked computer environment for any purpose is

expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or

create derivative works of the App, any updates, or any part thereof (except as and only to the extent

any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA,

then your right to access and/or use the Loadz Content and Service will automatically terminate and you

must immediately destroy any copies you have made of the Loadz

 

User Content.

Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”)

to or through the Service including, without limitation, literary works, photographs, audiovisual works,

artwork and any other work subject to protection under the laws of the United States or any other

jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.

Screening User Content. Loadz offers users the ability to submit User Content to the Service. Loadz does

not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole

discretion. In addition, Loadz has the right, but not the obligation, in its sole discretion to refuse or

delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or

inappropriate. Loadz does not guarantee the accuracy, integrity or quality of any User Content, and

under no circumstances will Loadz be liable in any way for any User Content, including liability for any

errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the

use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.

Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER

CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP

OF YOUR RIGHTS.

 

Licenses to User Content.

You hereby grant Loadz an unrestricted, assignable, sublicensable, revocable,

royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to

the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-

audience basis), make available, create derivative works from, retransmit from External Sites (as defined

below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any

means, through any media and formats now known or hereafter developed, for the purpose of

providing the Service as authorized by this EULA. You further grant Loadz a royalty-free license to use

your user name, image, and likeness to identify you as the source of any of your User Content. You must

not post any User Content on or through the Service or transmit to Loadz any User Content that you

consider to be confidential or proprietary.

 

You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you

are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to

the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through

the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use

of your User Content on or through the Service does not violate the privacy rights, publicity rights,

copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting

of your User Content will not require us to obtain any further licenses from or pay any royalties, fees,

compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of

your User Content on the Service does not result in a breach of contract between you and a third party.

Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any

rights to prior inspection or approval of any marketing or promotional materials related to such User

Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in

connection with your User Content. To the extent any moral rights are not transferable or assignable,

you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit

any action based on any moral rights that you may have in or with respect to any User Content you Post

to or through the Service.

 

No Liability.

For the avoidance of doubt, Loadz will not be liable for any unauthorized use of User

Content by any other user or third party.

 

Restrictions on Use of the Service.

In using the Service, you agree not to:

take any action that imposes an unreasonable load on the Service’s infrastructure; use any device,

software or routine to interfere or attempt to interfere with the proper working of the Service, or any

activity conducted on the Service; attempt to decipher, decompile, disassemble or reverse engineer any

of the software comprising or making up the Service; alter, deface, mutilate, or otherwise bypass any

approved software through which the Service is made available; use any trademarks, service marks,

design marks, logos, photographs, or other content belonging to Loadz; access, tamper with, or use non-

public areas of the Service, Loadz’s (and its hosting company’s) computer systems and infrastructure, or

the technical delivery systems of Loadz’s providers; harass, abuse, harm, or advocate or incite

harassment, abuse, or harm of another person or group, including Loadz employees; provide any false

personal information to Loadz; create a false identity or impersonate another person or entity in any

way; restrict, discourage, or inhibit any person from using the Service, disclose personal information

about a third person on the Service or obtained from the Service without the consent of that person, or

collect information about users of the Service; gain unauthorized access to the Service, to other users’

accounts, names, or personally identifiable information, or to other computers or websites connected or

linked to the Service; post, transmit or otherwise make available any virus, worm, spyware, or any other

computer code, file, or program that may or is intended to disable, overburden, impair, damage, or

hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect

of the Service or communications equipment and computers connected to the Service; interfere with or

disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or

procedures of those networks or servers; do anything that causes Loadz to become subject to regulation

as a transportation carrier or provider of taxi services. Violate any applicable federal, state, or local laws

or regulations or the terms of this EULA; or assist or permit any persons in engaging in any of the

activities described above.

 

External Sites.

The Service may contain links to third party websites (“External Sites”). These links are

provided solely as a convenience to you and not as an endorsement by us of the content on such

External Sites. The content of such External Sites is developed and provided by others. Loadz is not

responsible for the content of any linked External Sites and makes no representations regarding the

content or accuracy of any materials on such External Sites. If you decide to access any External Sites,

you do so at your own risk.

 

Feedback.

We pride ourselves on paying close attention to the interests, feedback, comments, and

suggestions we receive from our users. If you choose to contribute by sending Loadz or our employees

any ideas for products, services, features, modifications, enhancements, content, refinements,

technologies, content offerings (such as audio, visual, games, or other types of content), promotions,

strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams,

or other materials (collectively “Feedback”), then regardless of what your accompanying communication

may say, the following terms will apply, so that future misunderstandings can be avoided. By sending

Feedback to Loadz, you agree that:User Agreement

Loadz has no obligation to review, consider, or implement your Feedback, or to return to you all or part

of any Feedback for any reason;

 

Feedback is provided on a non-confidential basis, and Loadz has no obligation to keep any Feedback you

send confidential or to refrain from using or disclosing it in any way; and You irrevocably grant Loadz

perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly

perform (including on a through-to-the-audience basis), communicate to the public, make available,

publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose

and without restriction, free of charge and without attribution of any kind, including by making, using,

selling, offering for sale, importing, and promoting commercial products and services that incorporate or

embody Feedback, whether in whole or in part, and whether as provided or as modified.

 

Dispute Resolution.

Generally. In the interest of resolving disputes between you and the Loadz in the most expedient and

cost effective manner, you and the Loadz agree that any dispute arising out of or in any way related to

this EULA or your use of the Service will be resolved by binding arbitration. Arbitration is less formal

than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for

more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can

award the same damages and relief that a court can award. This agreement to arbitrate disputes

includes all claims arising out of or in any way related to this EULA or your use of the Service, whether

based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of

whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE

THAT, BY ENTERING INTO THIS EULA, YOU AND LOADZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY

JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Exceptions.

Despite the provisions of the Section entitled “Generally” directly above, nothing in this

EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an

individual action in small claims court; (ii) pursue an enforcement action through the applicable federal,

state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file

suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and the Loadz will be governed by the Federal Arbitration Act,

and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for

Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”),

as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are

available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Loadz. The

arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or

enforceability of this binding arbitration agreement.

 

Notice;

Process. A party who intends to seek arbitration must first send a written notice of the dispute

to the other party by U.S. Mail or electronic mail (“Notice”). Loadz’s address for Notice is:

contact@loadznow.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and

(ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the

claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice isUser Agreement

received, you or Loadz may commence an arbitration proceeding. During the arbitration, the amount of

any settlement offer made by you or Loadz must not be disclosed to the arbitrator until after the

arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in

your favor, Loadz will pay you the highest of the following: (A) the amount awarded by the arbitrator, if

any; (B) the last written settlement amount offered by Loadz in settlement of the dispute prior to the

arbitrator’s award; or (C) $15,000.

 

Fees.

If you commence arbitration in accordance with this EULA, Loadz will reimburse you for your

payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case

the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a

location to be agreed upon in Stanislaus County, California, but if the claim is for $15,000 or less, you

may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to

the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as

established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that

either the substance of your claim or the relief sought in the Demand is frivolous or brought for an

improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then

the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Loadz

for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned

written decision sufficient to explain the essential findings and conclusions on which the decision and

award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and

reimbursement of fees or expenses at any time during the proceeding and upon request from either

party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. YOU AND LOADZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN

YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED

CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Loadz agree otherwise, the

arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any

form of a representative or class proceeding.

Modifications to this Arbitration Provision. If Loadz makes any future change to this arbitration

provision, other than a change to Loadz’s address for Notice, you may reject the change by sending us

written notice within 30 days of the change to Loadz’s address for Notice, in which case this arbitration

provision, as in effect immediately prior to the changes you rejected, will continue to govern any

disputes between you and Loadz.

 

Enforceability.

If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of

this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void

and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will

govern any action arising out of or related to this EULA or your use of the Service.

Choice of Law; Venue. This EULA will be governed and construed in accordance with the laws of the

State of California, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted

under this EULA, you and Loadz agree to submit to the personal and exclusive jurisdiction and venue of

the courts located in Stanislaus County, California.

Limitation of Liability and Disclaimer of Warranties.User Agreement

 

TO THE FULLEST EXTENT PERMITTED BY LAW, LOADZ, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “LOADZ PARTIES”)

MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON

THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS,

TIMELINESS OR RELIABILITY THEREOF. THE LOADZ PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE

TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO

ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR

INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST

EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT

YOUR OWN RISK.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE LOADZ PARTIES DO NOT WARRANT THAT THE

SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF

COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE

SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,

NO LOADZ PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN

“AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT

PERMITTED BY LAW, THE LOADZ PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED

TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,

AND FITNESS FOR PARTICULAR PURPOSE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY LOADZ PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR

DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN

CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED

ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF

SUCH LOADZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOADZ’S LIABILITY,

AND THE LIABILITY OF ANY OTHER LOADZ PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY

CIRCUMSTANCE IS LIMITED TO $100.

 

Loadz is not responsible for the performance, actions, or inactions of any user, whether identified

through the Service, in public, private, or offline interactions, or otherwise. Loadz does not have control

over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability,

timeliness, or accuracy of any user, or the failure of any user to provide the services requested or

payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity,

responsibility or any of the actions or omissions whatsoever of any users. Loadz does not have control

over, and has no responsibility for, any damage to Items. NEITHER LOADZ NOR ITS AFFILIATES OR

LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR

SERVICE AND LOADZ AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM,

INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE

YOU THEREBY RELEASE LOADZ AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY

USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT

WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE.User Agreement

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE.

LOADZ RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER

SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE LOADZ PARTIES BE LIABLE FOR ANY DAMAGES

WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,

AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN

CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY,

EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM

COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET

THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH

OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER

USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS

ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES

LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED

PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR

CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED

THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. LOADZ

DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY PROFESSIONALS.

Third Party Disputes. LOADZ IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER

THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD

PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE

SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT

PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE LOADZ PARTIES FROM ANY AND ALL CLAIMS,

DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND

UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

Indemnification.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold

harmless the Loadz Parties from and against any claims, actions or demands, including, without

limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, or

your access to, use or misuse of the Loadz Content or Service. Loadz will notify you of any such claim,

suit, or proceeding. Loadz reserves the right to assume the exclusive defense and control of any matter

which is subject to indemnification under this section. In such case, you agree to cooperate with any

reasonable requests assisting Loadz’s defense of such matter.

 

Termination of the EULA.

Loadz reserves the right, in its sole discretion, to restrict, suspend, or

terminate this EULA and your access to all or any part of the Service at any time and for any reason

without prior notice or liability. Loadz reserves the right to change, suspend, or discontinue all or any

part of the Service at any time without prior notice or liability. Sections 1, b, 5.b, 5.c, 5.d, 6.c, 6.e, 6.f,

6.g, 7, and 9 – 17 survive the termination of this EULA indefinitely.

 

Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic

communications from us as further described in the Privacy Policy. Please read the Privacy Policy to

learn more about your choices regarding our electronic communications practices. You agree that any

notices, agreements, disclosures, or other communications that we send to you electronically will satisfy

any legal communication requirements, including that such communications be in writing.User Agreement

Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists

between you and Loadz as a result of this EULA or use of the Service. You further acknowledge that by

submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created

between you and Loadz other than pursuant to this EULA. If any provision of this EULA is found to be

invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the

validity of the remaining provisions of this EULA, which will remain in full force and effect. Loadz’s failure

to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any

other provision in this EULA. No waiver will be effective against Loadz unless made in writing, and no

such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly

agreed by Loadz and you, this EULA constitutes the entire agreement between you and Loadz with

respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements,

whether written or oral, between the parties with respect to the subject matter herein. The section

headings are provided merely for convenience and will not be given any legal import. This EULA will

inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or

licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation

of law or otherwise, without the prior express written consent of Loadz. This means that in the event

you dispose of any device on which you have installed the App, such as by sale or gift, you are

responsible for deleting the App from your mobile device prior to such disposition. Loadz may assign this

EULA, including all its rights hereunder, without restriction.

 

Contact Us.

If you would like to contact us in connection with your use of the Service, then please refer

to the contact information below: contact@loadznow.com

NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Loadz only, not with

Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation

whatsoever to furnish any maintenance and support services with respect to the App. In the event of

any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will

refund the purchase price for the relevant App to you; and, to the maximum extent permitted by

applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not

responsible for addressing any claims by you or any third party relating to the App or your possession

and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the

App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under

consumer protection or similar legislation. Apple is not responsible for the investigation, defense,

settlement and discharge of any third party claim that the App or your possession and use of the App

infringes that third party’s intellectual property rights. You agree to comply with any applicable third

party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this

EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have

accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby

represent and warrant that (i) you are not located in a country that is subject to a U.S. Government

embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Loadz provides a

translation of the English language version of this EULA, the translation is provided solely for

convenience, and the English version will prevail.

 

Third Party Software

The software you download consists of a package of components, including certain third party software

provided under separate third party license terms. Your use of this third party software in conjunction

with the App in a manner consistent with the terms of these Terms is permitted, however, you may

have broader rights under the applicable third-party license terms, and nothing in these Terms is

intended to impose further restrictions on your use of this third-party software.

 

END OF TERMS AND CONDITIONS