Last Updated and Effective: August 31, 2015
This Terms of Service (“Terms”) governs your access to and use of the applications, websites, APIs, and other products or services (collectively, the “Services”) of VanMile, llc, and our affiliates (together, “VanMile”, “we”, “us”, or “our”). By downloading or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you do not agree to these Terms, remove our applications from your device or computer (if applicable) and/or do not use the Services. The Services that we provide are constantly changing, and we may change or modify these Terms at any time, in our sole discretion. When the Terms change, we will provide notice through means such as sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms.
- Services, Neutral Venue. The Services are designed to help individuals ("Customer(s)”) find individuals or entities who are willing to provide “Services” for tangible personal property, e.g., dining table (“Service Provider(s)”Helper, “”). Our Services are merely a venue for users to learn about one another and, if they wish, arrange the provision of transport or load/unload services. We are not obligated to be involved in the actual face-to-face contact between Services and Users. We have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site or provide through the Services. We may provide default terms for transactions between Customers and Service providers, or otherwise between users (e.g., pricing). To the extent we do, and you or another user utilizes or agrees to such terms by using the Services, this does not make us a party to the transaction between Service Providers and Customers or other users of the Services. Any suggested or default terms we provide are for users’ convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, Transport or labor Services or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
- Identity and Background Verification. We have no obligation to attempt to confirm any user's purported identity or background, including Service Providers. You are responsible for (a) providing true, accurate, current and complete information about yourself as prompted by the Services’ registration form; and (b) maintaining and promptly updating any and all such information so it remains true, accurate, and complete at all times. It is the user’s sole responsibility to determine the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services, including Service Providers or Customers. We have no obligation to investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits through the Services. Notwithstanding the foregoing, from time to time we may conduct identity and background information checks, however, such checks shall not constitute a representation, warranty, endorsement, opinion or verification by VanMile.
- Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We are not be responsible for any damage, expenses, liabilities or harm resulting from your use of the Services, including interactions with other users of our Services. By way of example and not limitation, we shall not be responsible for any damage or injury caused by a Helper. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
- Account Creation. You (or VanMile on your behalf) may create an account and/or user profile to use certain features of the Services. To the extent you need to provide information about yourself in order to use the Services, you must provide accurate and complete information about yourself, including a verified email address, cell phone number and promptly update this information if it changes (by informing us or using any Services tools that facilitate the updating of information, if any). You represent and warrant that you are lawfully able to enter into contracts on behalf of yourself or the entity you represent (if applicable). You are responsible for all activities associated with your account. You may be prompted to select, or receive from us, account password as part of the registration process. You must notify us immediately of any unauthorized use of your account or any other breach of security. The Services are intended for users who are 18 years of age or older. By creating a Services account, you represent that you meet this criteria.
- Fees and Payments. VanMile uses Stripe payment gateway, please consult Stripe Connected Account Agreement. You may use the Services to locate a Service Provider or market your Services to potential Customers. If you are a Service Provider, we may market your Services to Customers. The Services provides for default pricing terms as set forth at VanMile.com. Users must use the Services in accordance with any instructions provided via the Services in order to track billing correctly, and we are not liable whatsoever to the extent the Services does not accurately or correctly facilitate the interaction between the Customer and Service Provider. In exchange for providing the Services, VanMile.com keeps a portion of the Service Provider’s price of each job as a service charge. As a Customer, you agree to pay the amount posted via the Services. As a Customer, if you find a Service Provider that you are interested in retaining, you will be asked to register an account and provide your payment information and billing address. Upon completion of the job, we or our third party payment processors will relay your payment to the Service Provider, less our service/referral charge. When you retain a Service Provider, you authorize us or our third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes, and you agree that we can store your credit card information (and run a pre-authorized amount check on your card before a Service Provider provides Services to you). If VanMile or Service Provider does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and we may suspend your access to the Services. All sales are final and we will not issue refunds. If you cancel any request after it has been accepted by a helper, before the services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any request after helper has been dispatched, your credit card account will be charged $20 for Pickup and One Man request or 30$ for Pickup and Two Men request or $50 for Truck and Two Men request or $30 for Two Men request.
- Limited License. Subject to your compliance with the Terms, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license to (i) access and use the Services, and (ii) use the VanMile Content (defined below) solely as permitted under these Terms (the “Limited License”). We may suspend or terminate the Limited License in our sole discretion at any time. Without limiting the generality of the foregoing, we may suspend or terminate the Limited License if you: (i) breach any obligation in these Terms or in any other agreement between you and us or (ii) violate any policy or guideline applicable to the Services. Any users who have previously had their Services accounts suspended or terminated by us are prohibited from creating more Services accounts without explicit written consent from us. We may, in our sole discretion, refuse, terminate, or limit access to the Services to any person or entity.
While we are not obligated to monitor your use of the Service or to review, screen, or delete your User Content, we have the right to do so in our sole discretion. By way of example and not limitation, we reserve the right to remove all or a portion of any User Content to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any User Content in our sole discretion.
You understand that, by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.
We may modify or adapt your User Content in order to transmit or display it over computer networks and in various devices, due to requirements or limitations of any networks, devices, services, or media.
We may allow you to link various social networking, email, or other online accounts to your Services account. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf, to make certain information or services available to you through the Services. By linking your other accounts, you authorize us to access your information from those third party accounts, on your behalf as your agent, and permit us to access, use, and, in some cases, store that account information.
VanMile Content. Unless otherwise stated, the Services and all materials contained on or within the Services, including, but not limited to text, graphics, designs, images, and videos (collectively, “VanMile Content”), as well as their selection and arrangement, are protected by copyright, trademark, and other proprietary rights and laws. Except as expressly authorized by VanMile in writing, you agree that you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, reverse engineer, publish, adapt, edit, or create derivative works from such content.
You acknowledge and agree that any feedback, comments, or suggestions you may provide to VanMile regarding the Service (“Feedback”) is non-confidential and will become the sole and exclusive property of VanMile. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
The Services may contain links to third-party websites or resources. By way of example, the Service may make available links to websites operated by individuals or companies that offer products or services which may supplement the Services. These links are provided as a convenience to you, and you agree that we are not responsible or liable for the availability or accuracy of, nor the content, products, or services available from these websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
General Restrictions. By using the Service, you agree that you will not:
- Use the Services for any purpose that is illegal or prohibited by these Terms;
- Compromise or attempt to compromise the security of the Services;
- Impose an unreasonable or disproportionately large load on the infrastructure of the Services or any other VanMile networks or systems;
- Use any scraper, robot, spider, or crawler to access the Services, VanMile Content, or User Content;
- Modify or create derivatives of any part of the Services;
- Obtain or attempt to obtain any VanMile or user materials, documents, or information through any means not purposely made available through the Services;
- Directly or indirectly attempt to discover the source code or underlying algorithms of any part of the Services, through use of decompiling, reverse engineering, or other methods;
- Attempt to gain unauthorized access to any portion or features of the Services, or any other VanMile networks or systems by hacking, password mining, or other illegitimate means;
- Probe, scan, or otherwise test the vulnerabilities of, or breach the security or authentication of the Services or other VanMile networks or systems;
- Forge any network packet header information in any email or interaction with the Services, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- Develop any third-party applications that interact with User Content or the Services without prior written consent from us;
- Attempt to harvest information on VanMile users for non-personal communication means by misusing or disproportionately using the Services; and
- Engage in any unlawful activities.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement in prosecuting users who violate these Terms.
- Passwords and Security. After creating a Services account, you are solely responsible for any activity that occurs from your account. You are solely responsible for maintaining the confidentiality of your password, and you agree that you will not share your password with others or do anything that might jeopardize the security of your account.
- Modifications to the Services. We reserve the right to temporarily or permanently modify or discontinue any portion of the Services without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuation of the Services or any part thereof. We also retain the right to create limits on the use of and storage capacity of the Services at our sole discretion, at any time, without prior notice.
Disclaimers; Limitations of Liability; Disputes
- The Services are available “as-is”. the services and VanMile content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. VanMile makes no warranty that the services will always be secure, free of errors, or will meet the user’s requirements of features, availability, delays, or disruptions.
- Indemnity. You agree to indemnify and hold VanMile, our officers, directors, shareholders, employees, agents, and affiliates (the “VanMile Parties”) from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the Services, the use of the Services by any person using your account, your violation of these Terms, or your violation of the rights of another.
- Limitation of Liability. Except where prohibited by law, in no event shall VanMile or the VanmMile Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services, or any materials available therein; or (c) the conduct of other users of the Services, even if VanMile has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against VanMile With Respect To The Services or any content is to stop using the Services. If, notwithstanding the Terms, VanMile is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any VanMile content, VanMile’s liability shall in no event exceed $500 or the amount VanMile received from a service provider providing services to you as a customer, if any, in the past six months for the services giving rise to the claim, whichever is greater. Some jurisdictions do not allow limitations on liability, so the foregoing limitation may not apply to you.
- Disputes with Other Users. You are solely responsible for your interactions with other VanMile.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether VanMile.com collected any money on behalf of a Host or provider of Third-Party Services.
- Applicable Law. Any dispute between you and VanMile will be governed by these Terms and the laws of the State of North Carolina and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- Waiver and Severability. The failure of VanMile to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Complete Agreement. These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and VanMile, however if you are a Service Provider and have agreed to a separate agreement with VanMile (via a click-wrap consent or written agreement), such separate agreement shall be incorporated herein by reference, and to the extent such separate agreement conflicts with this agreement the separate agreement shall apply.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
If you have any questions about these Terms, please support@VanMile.com.