Last Updated: September 28, 2024
These terms of service constitute a legally binding agreement (the “Agreement”) between you and AMZY, LLC (“Amzy,” “we,” “us” or “our”) governing your use of the Amzy application, website, and technology platform (collectively, the “Amzy Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND AMZY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST AMZY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A SERVICE PROVIDER (DRIVER), YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE AMZY PLATFORM. These Terms expressly supersede prior agreements or arrangements with you. Amzy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1. The Amzy Platform
The Amzy Platform provides a marketplace where persons who seek removal of junk to certain dump or transfer stations (“Customers”) can be matched with persons who offer junk removal service, who collect and remove junk or trash (“Haulers”) . In addition the platform is providing a marketplace for companies in the same junk removal industry to out-let any overflow of work by dispatching job requests for a commission fee (Dispatchers) from its fulfillment by Haulers. Customers and Haulers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Amzy Platform. For purposes of this Agreement, the junk removal services provided by Haulers to Customers that are matched through the Platform and sublet of work by dispatchers shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Hauler to a Customer and Dispatcher to a Hauler shall constitute a separate agreement between such persons.
2. Modification to the Agreement
In the event Amzy modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Amzy reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Amzy Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
3. Eligibility
The Amzy Platform may only be used by individuals who can form legally binding contracts under applicable law. The Amzy Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on www.amzy.me/cities/) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
4. Charges
As a Customer, you agree to pay the amounts charged for your use of the Amzy Platform and Services (“Charges”). Charges include Dump, labor and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Amzy Cities page (www.amzy.me/cities), plus any tips to the Hauler that you elect to pay. Amzy has the authority and reserves the right to determine and modify pricing guidelines by posting applicable pricing terms to your market’s Amzy Cities page. Pricing may vary based on the type of service you request (e.g., Amzy Plus, Amzy Pro) as described on your market’s Amzy Cities page. You are responsible for reviewing the applicable Amzy Cities page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Rates. There is one type of rate, variable.
- Variable Rate. Variable rate consists of a base charge and incremental charges based on the Amount of materials user needs removed and approximate weight of the items. Excess weight may be subject to extra costs. Anything that was not discussed or brought to haulers attention at the time of the initial estimate may be subjected to extra costs. For particularly small pickups, minimum fares may apply.
- Prime Time. Service may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by Amzy. For all Customers with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. Any Prime Time charges shall be considered part of the Service.
Fees and Other Charges.
- Service Fee. Amzy may assess a per-service “Service Fee” to support the Amzy Platform and related services provided to you by Amzy. The amount of the Service Fee may vary but shall be retained by Amzy in its entirety.
- Cancellation Fee. After requesting a Service you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a Service. Please check out our Help Center to learn more about Amzy’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Hauler who has accepted your service request.
- Damage Fee. If a Hauler reports that you have materially damaged the Haulers’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Amzy in its sole discretion), towards vehicle repair or cleaning. Amzy reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Hauler whose car was damaged.
- Other Charges. Other fees and surcharges may apply to your Service, including: actual or anticipated state or local fees, event fees as determined by Amzy or its marketing partners, and processing fees for split payments. In addition, where required by law Amzy will collect applicable taxes. These other charges are not shared with your Hauler unless expressly stated otherwise. See your market’s Amzy Cities page for details on other Charges that may apply to your ride.
- Tips. Following a service, you may elect to tip your Hauler in cash or through the Amzy application. Any tips will be provided entirely to the applicable Hauler less any processing fees.
General.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). Amzy may replace its third-party payment processing services without notice to you. Charges shall only be made through the Amzy Platform. With the exception of tips, cash payments are strictly prohibited.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Amzy Platform, any disruption to the Amzy Platform or Services, or any other reason whatsoever.
- Credits and Customer Discounts. You may receive credits (“Amzy Credits”) or Service discounts (“Customer Discounts”) that you can apply toward payment of certain Charges upon completion of the service. Amzy Credits and Customer Discounts are only valid for use on the Amzy Platform, and are not transferable or redeemable for cash except as required by law. Amzy Credits and Customer Discounts cannot be combined, and if the cost of your service exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Service. Customer Discounts only apply to the cost of Service, not the Service Fee or other charges. If you split payment for a Service with another User, your Amzy Credits will only apply to your portion of the Charges. Additional restrictions on Amzy Credits and Customer Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant Amzy Credit or Customer Discount within the Payments section of the Amzy App.
- Credit Card Authorization. Upon addition of a new payment method for each service request, Amzy may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.
5. Payments
If you are a Hauler, you will receive payment for your provision of Services. All service payments are subject to an Amzy Commission, discussed below. You will also receive any tips provided by Riders to you, and tips will not be subject to any Amzy Commission less the processing fees. Amzy will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Lyft.
- Commission. In exchange for permitting you to offer your Services through the Amzy Platform and marketplace as a Hauler or a Dispatcher, you agree to pay Amzy (and permit Amzy to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Hauler and Dispatcher portal. Amzy reserves the right to change the Commission at any time in Amzy’s discretion based upon local market factors, and Amzy will provide you with notice in the event of such change. Continued use of the Amzy Platform after any such change in the Commission calculation shall constitute your consent to such change.
- Pricing. You expressly authorize Amzy to set the prices on your behalf for all Charges that apply to the provision of Services. Amzy reserves the right to change the Rate schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base rate, dump fee rates, per mile, and/or per minute amounts that would result in a change in the applicable jobs. Charges may be subject to maximum limits as set forth in your market’s Amzy Cities page or the Amzy Help Center.
- Rate Adjustment. Amzy reserves the right to adjust or withhold all or a portion of Service charge if it believes that (i) you have attempted to defraud or abuse Amzy or Amzy’s payment systems, (ii) in order to resolve a Customer complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Amzy application when the service was over). Amzy’s decision to adjust or withhold the Service charge in any way shall be exercised in a reasonable manner.
- Processing fees. All payment processing fees are shared and covered by the users of the application. Amzy reserves the right to pass the processing fees as a convenience fee to all Customers and/or Haulers and/or Dispatchers. The processing fees may be added to the sales price and shared between all three parties Customer, Hauler and Dispatcher who are involved with a given transaction of service.
6. Amzy Communications
By becoming a User, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Amzy, its affiliated companies and/or Service Providers, may include but are not limited to: operational communications concerning your User account or use of the Amzy Platform or Services, updates concerning new and existing features on the Amzy Platform, communications concerning promotions run by us or our third- party partners, and news concerning Amzy and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 1(208)825-2699 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES OR SIMPLY CAN TEXT THE WORD “STOP”. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE AMZY PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM AMZY (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 1(208)825-2699 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE AMZY PLATFORM OR THE SERVICES.
7. Your Information
Your Information is any information you provide, publish or post to or through the Amzy Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Amzy-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Amzy Platform and participate in the Services. Our collection and use of personal information in connection with the Amzy Platform and Services is as provided in Amzy’s Privacy Policy located at www.amzy.me/ privacy-policy/. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Amzy to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Amzy does not assert any ownership over your Information; rather, as between you and Amzy, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You may be able to create or log-in to your Amzy User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to Amzy through an SNS Account, you understand that Amzy may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Amzy Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
8. Promotions and Referral Programs
Amzy, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Amzy. Amzy reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Amzy determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Amzy may provide you with or allow you to create a “Amzy Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Amzy Costumer (“Referred Customer”) or service provider (“Referred service provider”). Amzy Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Amzy Code. You are prohibited from advertising Amzy Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Amzy reserves the right to deactivate or invalidate any Amzy Code at any time at Amzy’s discretion.
9. Restricted Activities
With respect to your use of the Amzy Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Services or the Amzy Platform or the servers or networks connected to the Amzy Platform;
- post Information or interact on the Amzy Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Amzy Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Amzy Platform;
- “frame” or “mirror” any part of the Amzy Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Amzy Platform or any software used on or for the Amzy Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Amzy Platform or access to any portion of the Amzy Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Amzy Platform or its contents;
- link directly or indirectly to any other websites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
10. Hauler Representations, Warranties and Agreements
By providing Services as a Hauler on the Amzy Platform, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide junk removal to customers in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving and providing service, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Hauler while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Amzy community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by Amzy, and for which a photograph has been provided to Amzy, and you will not transport more trash/ junk than can securely be placed in such vehicle (and no more than twenty five thousands (25000) Pounds of Any combination of vehicles with a gross combined weight rating).
- You will not make any misrepresentation regarding Amzy, the Amzy Platform, the Services or your status as a Hauler.
- You will not, while providing the Services, operate as a public carrier or hauling service, accept street hails, charge for service (except as expressly provided in this Agreement), demand that a customer pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Amzy or Customers on the Amzy Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Service charges or other payments for the jobs(s) in question.
- You will make reasonable accommodation for Customers as required by law
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Dispatcher Representations, Warranties and Agreements
By providing Services as a Dispatchers on the Amzy Platform, you represent, warrant, and agree that:
- Provide Services as a Dispatcher while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Amzy community or third parties.
- You will not make any misrepresentation regarding Amzy, the Amzy Platform, the Services or your status as a Dispatcher.
- You will not, while providing the Services, charge for service (except as expressly provided in this Agreement), demand that a customer pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Amzy or Customers or Haulers on the Amzy Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Service charges or other payments for the jobs(s) in question.
- You will make reasonable accommodations for Haulers as required by law.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the Amzy Platform shall be owned by Amzy absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Amzy Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Amzy. Amzy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
AMZY and other Amzy logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Amzy in the United States and/or other countries (collectively, the “Amzy Marks”). If you provide Services as a Hauler or Dispatcher, Amzy grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Amzy Marks solely in connection with providing the Services through the Amzy Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Amzy’s prior written permission, which it may withhold in its sole discretion. The Amzy Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Amzy is the owner and licensor of the Amzy Marks, including all goodwill associated therewith, and that your use of the Amzy Marks will confer no additional interest in or ownership of the Amzy Marks in you but rather inures to the benefit of Amzy. You agree to use the Amzy Marks strictly in accordance with Amzy’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Amzy determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Amzy Marks or any derivatives of the Amzy Marks other than as expressly approved by Amzy in writing; (2) use the Amzy Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Amzy Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Amzy’s rights as owner of the Amzy Marks or the legality and/or enforceability of the Amzy Marks, including, without limitation, challenging or opposing Amzy’s ownership in the Amzy Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Amzy Marks, any derivative of the Amzy Marks, any combination of the Amzy Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Amzy Marks; (5) use the Amzy Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Amzy’s sole discretion. If you create any materials bearing the Amzy Marks (in violation of this Agreement or otherwise), you agree that upon their creation Amzy exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Amzy Marks or derivative works based on the Amzy Marks. You further agree to assign any interest or right you may have in such materials to Amzy, and to provide information and execute any documents as reasonably requested by Amzy to enable Amzy to formalize such assignment.
Amzy respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Amzy Platform or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.
12. Disclaimers
The following disclaimers are made on behalf of Amzy, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Amzy does not provide junk removal services, and Amzy is not a Junk Removal Service. It is up to the Hauler to decide whether or not to offer his services to a Customer contacted through the Amzy Platform, and it is up to the Customer to decide whether or not to accept a service from any Hauler contacted through the Amzy Platform. We cannot ensure that a Hauler or Costumer or Dispatcher will complete an arranged junk removal service. We have no control over the quality or safety of the services provided that occurs as a result of the Services.
The Amzy Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Amzy Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Amzy Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Amzy Platform will be corrected, or that the Amzy Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Amzy Platform or Services.
We cannot guarantee that each Customer is who he or she claims to be. Please use common sense when using the Amzy Platform and Services, including looking at the photos of the Hauler or Costumer you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Amzy Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Hauler or Customer prior to engaging in an arranged junk removal service.
Amzy is not responsible for the conduct, whether online or offline, of any User of the Amzy Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings hauled in error by Haulers or Customers. By using the Amzy Platform and participating in the Services, you agree to accept such risks and agree that Amzy is not responsible for the acts or omissions of Users on the Amzy Platform or participating in the Services.
Amzy expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Amzy Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Amzy Platform or through the Services. Please carefully select the type of information that you post on the Amzy Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Amzy or made available through the Amzy Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Amzy Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Amzy Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Amzy Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Amzy, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Amzy Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Amzy Platform may be accessible to Amzy and certain Users of the Amzy Platform.
Amzy advises you to use the Amzy Platform with a data plan with unlimited or very high data usage limits, and Amzy shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Amzy Platform.
This paragraph applies to any version of the Amzy Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Amzy. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Amzy Platform. Amzy, not Apple, is solely responsible for the Amzy Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
13. State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at disclosures page. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
14. Indemnity
You will defend, indemnify, and hold Amzy including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Amzy Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Haulers, Customers, Dispatchers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Amzy Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or hauling vehicle, including your provision of Services as a Hauler; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15. Limitation of Liability
IN NO EVENT WILL AMZY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “AMZY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE AMZY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE AMZY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AMZY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT AMZY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Amzy; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Amzy may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Amzy’s star rating or cancellation threshold; (3) Amzy has the good faith belief that such action is necessary to protect the safety of the Amzy community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Amzy’s reasonable satisfaction prior to Amzy permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Amzy’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Amzy.
YOU AND AMZY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Amzy ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Amzy, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND AMZY. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Amzy Platform, the Services, any other goods or services made available through the Amzy Platform, your relationship with Amzy, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Amzy, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Amzy and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND AMZY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND AMZY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND AMZY BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST AMZY, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Amzy agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Amzy agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Amzy will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Customers, Dispatchers or Haulers, but is bound by rulings in prior arbitrations involving the same Customer, Dispatcher or Hauler to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
- If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (j) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Amzy agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Amzy, Amzy will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim 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 such fees will be governed by the AAA Rules.
- If Amzy initiates arbitration under this Arbitration Agreement, Amzy will pay all AAA filing and arbitration fees.
- With respect to any Claims brought by Amzy against a Hauler or Dispatcher, or for Claims brought by a Hauler or Dispatcher against Amzy that: (A) are based on an alleged employment relationship between Amzy and a Hauler or Dispatcher; (B) arise out of, or relate to, Amzy’s actual deactivation of a Hauler’s or Dispatcher’s User account or a threat by Amzy to deactivate a Haulers’s or Dispatcher’s User account; (C) arise out of, or relate to, Amzy’s actual termination of a Hauler’s or Dispatcher’s Agreement with Amzy under the termination provisions of this Agreement, or a threat by Amzy to terminate a Hauler’s or Dispatcher’s Agreement; or (D) arise out of, or relate to, Jobs performed (as defined in this Agreement, including Amzy’s commission on the Jobs Performed), tips, or average hourly guarantees owed by Amzy to Haulers or Dispatchers for Services, other than disputes relating to referral bonuses, other Amzy promotions, or consumer-type disputes (the subset of Claims in subsections (A)-(D) shall be collectively referred to as “Haulers and Dispatchers Claims”), Amzy shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Amzy pursuant to the fee provisions above). However, if you are the party initiating the Hauler or Dispatcher Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Costumers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
- Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
- At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
- Although under some laws Amzy may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Amzy agrees that it will not seek such an award.
- If the arbitrator issues you an award that is greater than the value of Amzy’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (j) below, then Amzy will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and Amzy agree otherwise, any arbitration hearings between Amzy and a Customer will take place in the county of your billing address, and any arbitration hearings between Amzy and a Hauler or Dispatcher will take place in the county in which the Hauler or Dispatcher provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Amzy agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Severability.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Hauler or Dispatcher Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against Amzy involving Hauler or Dispatcher Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Hauler or Dispatcher Claims in that particular class action. Instead, your Hauler or Dispatcher Claims that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Haulers or Dispatchers Claims That Are Not In a Pending Settlement Action.
As a Hauler or Dispatcher, you may opt out of the requirement to arbitrate Hauler or Dispatcher Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Hauler or Dispatcher Claims, you may opt out of arbitration with respect to such Hauler or Dispatcher Claims, other than those in a Pending Settlement Action, by notifying Amzy in writing of your desire to opt out of arbitration for such Hauler or Dispatcher Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@amzy.me, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
General Counsel
Amzy LLC.
15320 77th AV CT E
Puyallup, WA. 98375
In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Hauler or Dispatcher Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Amzy shall be bound by the terms of this Arbitration Agreement in full (including with respect to Hauler or Dispatcher Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver Claims that are part of a Pending Settlement Action and your Driver Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable Amzy Terms of Use that you agreed to prior to the effective date of this Agreement.
Cases have been filed against Amzy and may be filed in the future involving Hauler or Dispatcher Claims. You should assume that there are now, and may be in the future, lawsuits against Amzy alleging class, collective, and/or representative Hauler or Dispatch Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Hauler or Dispatcher Claims with Amzy under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Amzy in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Hauler or Dispatcher Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Amzy may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Amzy. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
18. Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Amzy’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Amzy for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Amzy in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Amzy with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Amzy or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Amzy; becomes known to you, without restriction, from a source other than Amzy without breach of this Agreement by you and otherwise not in violation of Amzy’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Amzy to enable Amzy to seek a protective order or otherwise prevent or restrict such disclosure.
19. Relationship with Amzy
As a Hauler or Dispatcher on the Amzy Platform, you acknowledge and agree that you and Amzy are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Amzy expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Amzy; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Amzy, and you undertake not to hold yourself out as an employee, agent or authorized representative of Amzy.
Amzy does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Amzy Platform. You retain the option to accept or to decline or ignore a Customer’s request for Services via the Amzy Platform, or to cancel an accepted request for Services via the Amzy Platform, subject to Amzy’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Amzy shall have no right to require you to: (a) display Amzy’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Amzy’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
20. Other Services
In addition to connecting Customers Haulers and Dispatchers, the Amzy Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Amzy Platform to order a delivery of goods, purchase a digital item, request other Services (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Amzy Platform, you authorize Amzy to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Amzy is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Amzy Platform.
21. General
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Washington without regard to choice of law principles. This choice of law provision is only intended to specify the use of Washington law to interpret this Agreement and is not intended to create any other substantive right to non-Washington’s to assert claims under Washington law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Amzy, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Amzy shall be given by certified mail, postage prepaid and return receipt requested to Amzy, LLC., 32511 7th Pl S, Federal Way, WA. 98003. Any notices to you shall be provided to you through the Amzy Platform or given to you via the email address or physical you provide to Amzy during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Amzy with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Amzy Platform or Services, please contact our Customer Support Team through our Help Center.
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