Terms and Conditions

CUSTOMER TERMS OF USE

Effective Date: 8/3/2015

PLEASE READ THIS TERMS OF USE AGREEMENT (“Agreement”) CAREFULLY BEFORE USING THE HAULZI.COM WEBSITE (“Website”) OR DOWNLOADING OR USING THE HAULZI MOBILE APPLICATION (“App”) (Website and App may be collectively referred to as “Software.”). YOUR USE OF OUR WEBSITE AND/OR YOUR DOWNLOAD AND USE OF OUR APP CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OR THIS AGREEMENT, IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND OUR APP AND DELETE OUR APP FROM YOUR MOBILE DEVICE. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN 4SAMS, LLC (“Company”) AND YOU. COMPANY’S PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. COMPANY MAY CHANGE THIS AGREEMENT AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU, BY POSTING A NEW VERSION ON THIS PAGE OR A SUCCESSOR PAGE. THIS NEW VERSION WILL BECOME EFFECTIVE ON THE DATE IT IS POSTED, WHICH WILL BE LISTED AT THE TOP OF THE PAGE AS THE EFFECTIVE DATE. YOU MAY ACCESS THIS AGREEMENT AT ANY TIME BY CLICKING ON THE http://haulzi.com/terms-and-conditions/. YOUR CONTINUED USE OF OUR WEBSITE AND/OR OUR APP AFTER THE NEW EFFECTIVE DATE IS YOUR ACCEPTANCE OF THE NEW TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE REVISED TERMS OF THE AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND OUR APP AND UNINSTALL OUR APP FROM YOUR MOBILE DEVICE. YOUR USE OF OUR WEBSITE AND OUR APP IS AT YOUR OWN RISK. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED. IN ADDITION, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND PRIVACY POLICY PERIODICALLY AND TO UPDATE THE APP TO ITS LATEST VERSION. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OUR WEBSITE OR DOWNLOAD OR USE OUR APP.

1. Parties

The parties to this Agreement are you and the owner of the Services, 4Sams, LLC, (“Company”). All references to “we,” “us,” “our,” “Website,” “Site,” or “App” will be construed to mean the Services and the Company. All references to “you,” “your,” “User,” or “Customer” will be construed to mean you as the user of the Services. Your access and use of the Services constitutes your agreement to be legally bound by this Agreement and establishes a contractual relationship between you and the Company.

2. Services

The Company provides a mechanism for those in need of delivery services (“Customers”) to connect to third parties who can provide the delivery services (“Drivers”) through the use of the Software (“Services”).

The Agreement you are currently reading is for Customers only. If you are a Driver, you must understand and agree to the Driver Terms of Use which you can access through this link http://haulzi.com/terms-and-conditions/.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE DELIVERY SERVICES. COMPANY’S SERVICES ARE MERELY A MECHANISM THAT MAY BE USED BY YOU TO REQUEST AND SCHEDULE A DELIVERY WITH THIRD PARTY DRIVERS. IN ADDITION, THE DRIVER IS SOLELY RESPONSIBLE FOR SETTING HIS/HER OWN RATES. COMPANY TAKES NO PART IN THE DETERMINATION OF DELIVERY RATES. YOU UNDERSTAND AND AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY SERVICE PROVIDED TO YOU BY DRIVER THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

3. Modifications

Company reserves the right to modify this Agreement at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this Site’s home page. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OR USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4. Use and Restrictions

Subject to this Agreement and our Privacy Policy, you may use the Services only for your personal, noncommercial use. You agree not to access (or attempt to access) the Services by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) the Services though any automated means (including the use of scripts or web crawlers).

Your use of the Services is subject to the following restrictions:

a) You shall not frame, mirror, or link the Software on any other server on Internet-enabled device.

b) You shall not adapt, edit, change, transform, make derivative works, modify, disassemble, decompile, or reverse engineer, republish the App (except to the extent that such restriction is expressly forbidden by law).

c) You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, assign, or otherwise exploit the Services except as expressly permitted by Company.

d) You shall not use the App to provide time sharing or similar services to any third party.

e) You shall not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use of copying of any content accessible through the App, or features that enforce limitations on the use of the App.

f) You shall not remove any copyright, trademark, or any other proprietary notices from any portion of the Services.

g) You shall not share your logon credentials or security code to the Services with anyone other person or entity.

h) You shall not logon to the Software with any credentials that are not your own.

i) You shall not solicit the logon credentials to the Software or security code of the Services or other personally identifiable information from others.

j) You shall not access data that you are not authorized by Company to access.

k) You shall not take any action that will cause an unreasonable burden on Company’s infrastructure.

l) You shall not attempt to access or navigate the Services through any manner other than the Software.

m) You shall not mine the content or perform any other data gathering or extraction.

n) You shall not attempt to exploit any possible vulnerability in the Software by probing, scanning, or any other means

o) You shall not attempt to inject a virus, worm, or other malware into the Software nor shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with Company’s Services to other users.

p) You shall not use the Services if you are under the age of 18.

q) You shall not use the Services to deliver unlawful or hazardous materials.

This list of restrictions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, Company reserves the right to terminate access to your account.

Company shall investigate actions, which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.

You shall be solely responsible for the use of your account. You shall protect the confidentiality of your username, password, and security code. You shall not share these logon credentials or security code with anyone else (even temporarily) and, if you have reason to believe that someone has gained unauthorized access through your credentials or security code, you shall contact Company immediately.

You acknowledge and understand that you may incur standard data carrier charges for use of the App.

All rights not expressly granted in this Agreement are reserved by the Company and our licensors.

5. Third-Party Services

If you access the Services using Software developed for Apple iOS or the Android operating system, Apple Inc. or Google, Inc. will be third-party beneficiaries to this Agreement. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Furthermore, you are subject to the terms and conditions as set forth in the applicable third-party beneficiary’s terms of service.

6. Monitoring

We reserve the right, but not the obligation, to monitor your access and use of the Services without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this Site’s home page.

7. Ownership of Intellectual Property

The material provided in the Software is protected by law including, but not limited to, United States copyright law and international treaties. The copyright and other intellectual property in the content of the Services is owned by us and/or third-parties with whom we have licensing agreements. Except for the limited rights granted herein, all other rights are reserved.

Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Software. Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found on the Software. This intellectual property of Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by Company.

You shall not copy or adapt any computer code that Company creates for the generation or display of the Software; this code is protected under copyright law.

You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Company’s or its licensors’ property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose.

8. Warranty Disclaimers

COMPANY DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF DRIVERS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF A DRIVER WILL MEET YOUR NEEDS AND EXPECTIONS. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONALBE AND THAT USE OF DRIVERS SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. COMPANY SHALL HAVE NO LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS.

COMPANY DOES NOT GUARANTEE THE TRUTHFULNESS, COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY CONTENT COMMUNICATED IN ANY WAY BY DRIVERS. YOUR USE OF OR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SOFTWARE AND SERVCIES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SOFTWARE OR SERVICES. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR THE SERVICES: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT WILL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OF OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE WILL BE LIMITED TO U.S. $200 IN THE AGGREGATE.

COMPANY SHALL NOT BE HELD RESPONSIBLE FOR THE ACTIVITIES, OMISSIONS, AND CONDUCT OF DRIVERS. COMPANY HAS NO DUTY TO SCREEN DRIVERS IN ADVANCE. IF COMPANY IS NOTIFIED OF POSSIBLE VIOLATIONS TO THIS AGREEMENT OR TO THE DRIVERS TERMS OF USE, COMPANY MAY INVESTIGATE THE ALLEGATION AND, IN ITS SOLE DISCRETION, COMPANY MAY TAKE ANY ACTION IT DEEMS NECESSARY OR APPROPRIATE IN RESPONSE TO A VIOLATION OF THIS AGREEMENT OR DRIVERS TERMS OF USE.

YOU SHALL ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH STRANGERS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ARE RESPONSIBLE FOR USING CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES.

10. Disputes Between Customers and Drivers

Company merely provides a mechanism to make connections between Customers and Drivers. Company is not responsible for any disputes of any nature that may occur between Customers and Drivers. Customers and Drivers shall be solely responsible for handling any disputes that may occur between them.

11. Indemnification

You shall indemnify and hold Company harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Software or the Services, the actions or inactions of Drivers, violation of this Agreement, or violations of any rights of a third party, or allegations thereof. This indemnification extends to all of Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to Company. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.

12. Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.

13. Jurisdiction and Venue

The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

14. Controlling Law

This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

15. Intended for Use Only Within The United States

This Software is intended for use only from within the United States. We do not represent that this Software is appropriate for use elsewhere. Access to this Software from locations where its contents is illegal is not authorized.

16. Onward Transfer of Personal Information Outside Your Country of Residence

Any personal information which we may collect on this Software will be stored and processed on our servers located only in the United States. If you reside outside the United States, you consent to the transfer of your personal information outside your country of residence to the United States.

17. Severability

If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.

18. Force Majeure

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

19. Privacy

Please review this Software’s Privacy Policy which is incorporated by reference into this Agreement. This Privacy Policy governs your use of the Software.

20. User Submissions to Company

Company welcomes your feedback with regard to the Software and our Services. However, Company shall not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you submit these Submissions regardless of this stated policy, the Submissions will automatically become the property of Company. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

21. Term and Termination of this Agreement

You may cancel your account at any time. In addition, Company, in its sole discretion, may terminate your account for any breach of this Agreement or Privacy Policy by you. This termination will prohibit you from accessing the Software. If Company cannot verify or authenticate any information you submit during registration, Company will consider this a material breach and will automatically terminate your account. In addition, Company reserves the right to pursue other legal remedies if it deems necessary.

22. Contact Information

If it becomes necessary for you to contact the Company for any reason, you may do so by using the following information:

SAPP, JAMES S, III

960 WOODCRAFT DR

407-902-9329

hello@haulzi.com

DRIVER TERMS OF USE

Effective Date: 8/3/2015

PLEASE READ THIS TERMS OF USE AGREEMENT (“Agreement”) CAREFULLY BEFORE USING THE HAULZI.COM WEBSITE (“Website”) OR DOWNLOADING OR USING THE HAULZI MOBILE APPLICATION (“App”) (Website and App may be collectively referred to as “Software.”). YOUR USE OF OUR WEBSITE AND/OR YOUR DOWNLOAD AND USE OF OUR APP CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OR THIS AGREEMENT, IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND OUR APP AND DELETE OUR APP FROM YOUR MOBILE DEVICE. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN 4SAMS, LLC (“Company”) AND YOU. COMPANY’S PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. COMPANY MAY CHANGE THIS AGREEMENT AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU, BY POSTING A NEW VERSION ON THIS PAGE OR A SUCCESSOR PAGE. THIS NEW VERSION WILL BECOME EFFECTIVE ON THE DATE IT IS POSTED, WHICH WILL BE LISTED AT THE TOP OF THE PAGE AS THE EFFECTIVE DATE. YOU MAY ACCESS THIS AGREEMENT AT ANY TIME BY CLICKING ON THE http://haulzi.com/terms-and-conditions/. YOUR CONTINUED USE OF OUR WEBSITE AND/OR OUR APP AFTER THE NEW EFFECTIVE DATE IS YOUR ACCEPTANCE OF THE NEW TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE REVISED TERMS OF THE AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND OUR APP AND UNINSTALL OUR APP FROM YOUR MOBILE DEVICE. YOUR USE OF OUR WEBSITE AND OUR APP IS AT YOUR OWN RISK. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED. IN ADDITION, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND PRIVACY POLICY PERIODICALLY AND TO UPDATE THE APP TO ITS LATEST VERSION. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OUR WEBSITE OR DOWNLOAD OR USE OUR APP.

1. Parties

The parties to this Agreement are you and the owner of the Services, 4Sams, LLC, (“Company”). All references to “we,” “us,” “our,” “Website,” “Site,” or “App” will be construed to mean the Services and the Company. All references to “you,” “your,” “User,” or “Customer” will be construed to mean you as the user of the Services. Your access and use of the Services constitutes your agreement to be legally bound by this Agreement and establishes a contractual relationship between you and the Company.

2. Services

The Company provides a mechanism for those in need of delivery services (“Customers”) to connect to third parties who can provide the delivery services (“Drivers”) through the use of the Software (“Services”).

The Agreement you are currently reading is for Customers only. If you are a Driver, you must understand and agree to the Driver Terms of Use which you can access through this link http://haulzi.com/terms-and-conditions/.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE DELIVERY SERVICES. COMPANY’S SERVICES ARE MERELY A MECHANISM THAT MAY BE USED BY YOU TO REQUEST AND SCHEDULE A DELIVERY WITH THIRD PARTY DRIVERS. IN ADDITION, THE DRIVER IS SOLELY RESPONSIBLE FOR SETTING HIS/HER OWN RATES. COMPANY TAKES NO PART IN THE DETERMINATION OF DELIVERY RATES. YOU UNDERSTAND AND AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY SERVICE PROVIDED TO YOU BY DRIVER THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

3. Rates, Payments, and Invoicing

a. You are solely responsible for setting your own rates for delivery services.

b. The Customer will pay Company directly through the credit card that Customer has on record with Company.

c. Company shall pay you 80% of the payment for each delivery made by you on the 30 day or less of each month following your providing Services.

d. You shall not circumvent the Software to provide delivery services or otherwise transact with any Customer.

e. In the event of a Customer chargeback, the customer will contact the company via email to hello@haulzi.com or through the application settings.

4. Modifications

Company reserves the right to modify this Agreement at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this Site’s home page. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OR USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

5. Use and Restrictions

Subject to this Agreement and our Privacy Policy, you may use the Services only for your personal, noncommercial use. You agree not to access (or attempt to access) the Services by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) the Services though any automated means (including the use of scripts or web crawlers).

Your use of the Services is subject to the following restrictions:

a) You shall not register for the Services on behalf of someone else.

b) YYou shall not include any incomplete, inaccurate, or false data in your registration.

c) You shall not frame, mirror, or link the Software on any other server on Internet-enabled device.

d) You shall not adapt, edit, change, transform, make derivative works, modify,disassemble, decompile, or reverse engineer, republish the App (except to the extent that such restriction is expressly forbidden by law).

e) You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, assign, or otherwise exploit the Services except as expressly permitted by Company.

f) You shall not use the App to provide time sharing or similar services to any third party.

g) You shall not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use of copying of any content accessible through the App, or features that enforce limitations on the use of the App.

h) You shall not remove any copyright, trademark, or any other proprietary notices from any portion of the Services.

i) You shall not share your logon credentials or security code to the Services with anyone other person or entity.

j) You shall not logon to the Software with any credentials that are not your own.

k) You shall not solicit the logon credentials to the Software or security code of the Services or other personally identifiable information from others.

l) You shall not access data that you are not authorized by Company to access.

m) You shall not take any action that will cause an unreasonable burden on Company’s infrastructure.

n) You shall not attempt to access or navigate the Services through any manner other than the Software.

o) You shall not mine the content or perform any other data gathering or extraction.

p) You shall not attempt to exploit any possible vulnerability in the Software by probing, scanning, or any other means.

q) You shall not attempt to inject a virus, worm, or other malware into the Software nor shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with Company’s Services to other users.

r) You shall not use the Services if you are under the age of 18.

s) You shall not use the Services to deliver unlawful or hazardous materials.

This list of restrictions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, Company reserves the right to terminate access to your account.

Company shall investigate actions, which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.

You shall be solely responsible for the use of your account. You shall protect the confidentiality of your username, password, and security code. You shall not share these logon credentials or security code with anyone else (even temporarily) and, if you have reason to believe that someone has gained unauthorized access through your credentials or security code, you shall contact Company immediately.

You acknowledge and understand that you may incur standard data carrier charges for use of the App.

All rights not expressly granted in this Agreement are reserved by the Company and our licensors.

6. Third-Party Services

If you access the Services using Software developed for Apple iOS or the Android operating system, Apple Inc. or Google, Inc. will be third-party beneficiaries to this Agreement. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Furthermore, you are subject to the terms and conditions as set forth in the applicable third-party beneficiary’s terms of service.

7. Monitoring

We reserve the right, but not the obligation, to monitor your access and use of the Services without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this Site’s home page.

8. Ownership of Intellectual Property

The material provided in the Software is protected by law including, but not limited to, United States copyright law and international treaties. The copyright and other intellectual property in the content of the Services is owned by us and/or third-parties with whom we have licensing agreements. Except for the limited rights granted herein, all other rights are reserved.

Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Software. Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found on the Software. This intellectual property of Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by Company.

You shall not copy or adapt any computer code that Company creates for the generation or display of the Software; this code is protected under copyright law.

You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Company’s or its licensors’ property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose.

9. Warranty Disclaimers

COMPANY DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF DRIVERS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF A DRIVER WILL MEET YOUR NEEDS AND EXPECTIONS. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONALBE AND THAT USE OF DRIVERS SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. COMPANY SHALL HAVE NO LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS.

COMPANY DOES NOT GUARANTEE THE TRUTHFULNESS, COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY CONTENT COMMUNICATED IN ANY WAY BY DRIVERS. YOUR USE OF OR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SOFTWARE AND SERVCIES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SOFTWARE OR SERVICES. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR THE SERVICES: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

IN NO EVENT WILL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OF OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE WILL BE LIMITED TO U.S. $200 IN THE AGGREGATE.

COMPANY SHALL NOT BE HELD RESPONSIBLE FOR THE ACTIVITIES, OMISSIONS, AND CONDUCT OF DRIVERS. COMPANY HAS NO DUTY TO SCREEN DRIVERS IN ADVANCE. IF COMPANY IS NOTIFIED OF POSSIBLE VIOLATIONS TO THIS AGREEMENT OR TO THE DRIVERS TERMS OF USE, COMPANY MAY INVESTIGATE THE ALLEGATION AND, IN ITS SOLE DISCRETION, COMPANY MAY TAKE ANY ACTION IT DEEMS NECESSARY OR APPROPRIATE IN RESPONSE TO A VIOLATION OF THIS AGREEMENT OR DRIVERS TERMS OF USE.

YOU SHALL ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH STRANGERS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ARE RESPONSIBLE FOR USING CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES.

11. Disputes Between Customers and Drivers

Company merely provides a mechanism to make connections between Customers and Drivers. Company is not responsible for any disputes of any nature that may occur between Customers and Drivers. Customers and Drivers shall be solely responsible for handling any disputes that may occur between them.

12. Indemnification

You shall indemnify and hold Company harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Software or the Services, the actions or inactions of Drivers, violation of this Agreement, or violations of any rights of a third party, or allegations thereof. This indemnification extends to all of Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to Company. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.

13. Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.

14. Jurisdiction and Venue

The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

15. Controlling Law

This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

16. Intended for Use Only Within The United States

This Software is intended for use only from within the United States. We do not represent that this Software is appropriate for use elsewhere. Access to this Software from locations where its contents is illegal is not authorized.

17. Onward Transfer of Personal Information Outside Your Country of Residence

Any personal information which we may collect on this Software will be stored and processed on our servers located only in the United States. If you reside outside the United States, you consent to the transfer of your personal information outside your country of residence to the United States.

18. Severability

If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.

19. Force Majeure

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

20. Privacy

Please review this Software’s Privacy Policy which is incorporated by reference into this Agreement. This Privacy Policy governs your use of the Software.

21. User Submissions to Company

Company welcomes your feedback with regard to the Software and our Services. However, Company shall not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you submit these Submissions regardless of this stated policy, the Submissions will automatically become the property of Company. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

22. Term and Termination of this Agreement

You may cancel your account at any time. In addition, Company, in its sole discretion, may terminate your account for any breach of this Agreement or Privacy Policy by you. This termination will prohibit you from accessing the Software. If Company cannot verify or authenticate any information you submit during registration, Company will consider this a material breach and will automatically terminate your account. In addition, Company reserves the right to pursue other legal remedies if it deems necessary.

23. Contact Information

If it becomes necessary for you to contact the Company for any reason, you may do so by using the following information:

SAPP, JAMES S, III

960 WOODCRAFT DR

407-902-9329

hello@haulzi.com