Moving Labor Services

MOVING LABOR SERVICES PROVIDER AGREEMENT

www.movinglaborservices.com

You acknowledge and agree to the following terms and conditions when you use the Moving Labor Market Place. 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. Common Sense and Business Judgment: You agree to use common sense and good business judgment when using the Moving Labor Market Place.

2. Modification: Once you accept the terms and conditions of this Agreement, You hereby agree and acknowledge that at anytime and in our sole discretion, We may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the Moving Labor Market Place. All modified terms and conditions shall take effect immediately after posting to the Moving Labor Market Place. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our Market Place at anytime and without notice and without any liability or responsibility to you.

3. Other Terms and Conditions: You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Market Place at various places throughout the Moving Labor Market Place. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.

4. Neutral Venue and Online Clearinghouse: Our Moving Labor Market Place functions solely as a neutral venue and online clearinghouse. We are the neutral venue for the connection between you and the customer. We cannot and will not guarantee the ability of a customer to complete payment for any of the provided services.

5. Labor Only: You agree that the Market Place is for labor only and that the services that you provide will only involve labor. You agree that you will not use your participation in the Market Place as a means to sell or market any types of goods or products.

6. Disputes: Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and the customer regarding the services. All disputes must be resolved between you and the customer.

7. Effective Offer and Acceptance for Services: You agree and acknowledge that when a request for the services has been submitted to you by a customer, the customer has effectively communicated an offer to you to enter into a transaction for the services. Furthermore, if you accept the request, you and the customer have entered into a transaction for the services. You represent and warrant that you shall satisfy and perform the services according to all agreed upon terms and conditions.

8. Market Place Fee: We are considered to be the neutral venue for the connection between you and the customer. When that connection results in a transaction between you and the customer, we charge a "Market Place Fee". Our Market Place Fee is NOT an additional charge to the total amount for the Services and is calculated as $110 from the total amount of the services. You acknowledge and agree that we are entitled to receive a Market Place Fee. You agree that Our Market Place Fee is not an additional amount to be charged or collected in addition to the total amount charged for the Services.

9. Changes & Cancellations: You acknowledge and agree that the customer is entitled to make changes to, and cancellations of, the services. If as a result of such changes by customer, you are unable to perform the services, you agree to use all reasonable efforts to timely inform the customer. You agree to indemnify, hold harmless and defend us from any claims threatened or asserted as a result of customer changes or cancellations.

10. Refund Policy: You agree and acknowledge that if for whatever reason, the services were not completed or the customer was not satisfied with the performance of the services, the customer may choose not to present the payment to you. Upon this event, the customer will be entitled to a full and prompt refund of the total amounts charged for the services. The customer will not be entitled to a full and prompt refund after the customer has provided you with payment. You agree to indemnify, hold harmless and defend us against any claims asserted or threatened against Us by a customer.

11. Right to Reject or Remove Service Provider: We reserve the absolute right to reject your participation, or remove you from your current participation, in this Moving Labor Market Place at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of your participation can include but is not limited to: any circumvention of the Moving Labor Market Place by you or by others at your direction; your creation, maintenance and/or management of more than one Service Provider Profile; any failures to verify your identification verification information; your circumvention of the Market Place Fee; any attempt by you to improperly influence, or cause another to, improperly influence the review of the customer; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a customer and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of our representatives.

12. Reinstatement as a Service Provider: Upon your removal from the Moving Labor Market Place, you may petition for reinstatement to the Market Place. your petition shall be reviewed by Moving Labor Services at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
If you are reinstated, you must pay a non-refundable reinstatement fee of $250.00 paid via United States Postal Money Order made payable to Moving Labor Services. and mailed to:

Moving Labor Services
402 Springton Way

Lancaster, PA 17601

13. Taxes: You are responsible for collecting and remitting any and all taxes associated with the transaction for services.

 
14. No Felony Convictions: You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

15. Service Provider Profile: Your profile may contain certain information about you including, but not limited to, your rates and/or charges, policies and procedures, availability, and some other personal information. You hereby acknowledge and agree that We are not obligated to allow you to post any information in your profile including, but not limited to: Your business name; Your phone number and/or any other any information that we reasonably believe may be used to circumvent Our Market Place Fee; or as may otherwise violate this agreement.

16. Confidentiality/Non-Disclosure: As a result of the performance of this agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object payment, source payment, management styles, day-to-day business operations, capabilities, systems, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("our Information"). Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to Us, and that we would be materially damaged by your disclosure of our information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

17. No Control of Communication or Information Content: The Moving Labor Market Place acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the Moving Labor Market Place that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this Moving Labor Market Place acts as a passive conduit for any of your online communication or distribution of content or information.

18. Your Information on the Market Place;. You represent and warrant that any and all of your online communication, content and/or information::
1. Will not violate any federal or state law, regulation, rule, or statute;
2. Will not violate the terms of this Agreement;
3. Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
4. Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain child pornography;
5. Will not be libelous, threatening, harassing or defamatory;
6. Will not be used for commercial or public purposes outside of the requirements of this Agreement;
7. Will not create liability for us in any manner whatsoever;
8. Will not frame or link to our Market Place without our written permission;
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

19. Release/Waiver of Liability: You expressly acknowledge and agree that the transaction and any resulting provision of services are solely between you and the Customer. Therefore, you hereby waive and release Us (Our officers, directors, agents, representatives, subsidiaries, joint ventures and employees) from any such claims, liabilities, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

20. Liability Limit: IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES RECEIVED BY US FOR YOUR MOVING HELP TRANSACTIONS, OR (B) $110.00.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

21. Arbitration: Except as set forth later in this section, any dispute, legal controversy, legal action or legal claim arising out of or relating to Our Moving Labor Market Place or this agreement shall be settled by mandatory, binding arbitration.

22. Waiver of Jury Trial: If for any reason the above provision requiring arbitration is declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted other than as contemplated by these provisions, each party waives any right it may have to a trial by jury and consents to the venue of such action in Lancaster, Pennsylvania.

23. Indemnification: You shall indemnify, defend and hold harmless, us, our directors, officers, agents, representatives, subsidiaries, joint ventures, employees, subcontractors and independent contractors, and each of them, from and against any and all claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorney fees), incurred or to be incurred, arising out of or resulting from: the performance of the Services undertaken to be performed directly or indirectly hereunder; your negligent or intentional acts or omissions; any breach of this agreement, the conduct of your business; your violation of and federal or state law, rule or regulation; or your violation of any third party rights specifically including any third party intellectual property rights.

24. Qualification for Use of Our Market Place: In order to qualify to use Our Market Place, you must be able to enter into a legally binding contract under applicable law. You represent and warrant that you have the authority to enter into a legally binding contract on behalf of yourself, and/or on behalf of the group, entity, organization, or corporation that you represent. Our Market Place is not intended or provided for use by minors (persons under the age of eighteen) (18). our Market Place is also not intended to be accessed or used by suspended or terminated Moving Labor Market Place member.

25. Termination: We have the right to terminate this agreement at any time with or without cause and without any notice to you. The confidentiality/non-disclosure obligations of this agreement shall survive the termination of this agreement.

26. Independent Contractor: You hereby agree and acknowledge that your execution of this agreement, your provision of the services and/or your use of the Moving Labor Market Place, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between you and us.

27. Amendment: No alteration or amendment of this Agreement, or waiver of any of its provisions shall be binding upon either party hereto unless the same be agreed to in writing by duly authorized representative of the parties.

28. 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.

29. Headings: The headings contained in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof.

30. Integration: This agreement supersedes any and all prior discussions and agreements and the parties in this agreement to the extent set forth herein contains the sole, final and complete expression and understanding between the parties hereto with respect to the transactions contemplated hereby.

31. No Third Party Beneficiaries: No person other than the parties hereto, shall have any rights or claims under this agreement.

32. Compliance with Laws: You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all state and federal licensing requirements.

33. Governing Law: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. In the event that injunctive relief is sought by us, the courts of Lancaster County, PA and/or the United States District Court for the Commonwealth of Pennsylvania (Lancaster Division) shall have exclusive jurisdiction over any dispute arising under this agreement. All other disputes shall be resolved in accordance with the mandatory, binding arbitration provision in this agreement.