Terms of Service | BIG TRUCK

BIG TRUCK TERMS OF SERVICE

The policies below are applicable to the BIG TRUCK DELIVERY network of websites that link to these Terms of Services (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by ; apps published by BIG TRUCK DELIVERY, including the “BIG TRUCK DELIVERY” app; or any other services, interactive features, and communications made available by BIG TRUCK DELIVERY, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies (“Services”).

BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES, UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain use of our Services, you may also be required to execute BIG TRUCK DELIVERY’s Waiver of Liability and Release and/or Privacy Policy.

This is a legal agreement between you (“You” or “user”) and BIG TRUCK DELIVERY, LLC (“BIG TRUCK”) that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of BIG TRUCK DELIVERY’s rules and policies collectively constitute this “Agreement” between You and BIG TRUCK DELIVERY.

1. General Terms. By signing this Agreement, You agree to use BIG TRUCK DELIVERY for any related Services described herein and any other document outlining the Terms by which You agree to comply with BIG TRUCK DELIVERY’s policies and/or guidelines. By using the Services maintained, promoted, and undertaken by BIG TRUCK DELIVERY, You expressly agree to hold harmless BIG TRUCK DELIVERY, its officers, directors, agents, subsidiaries, joint ventures and employees or any affiliate of BIG TRUCK DELIVERY for the condition of any items and/or belongings by which You engage BIG TRUCK DELIVERY’s Services. By signing this Agreement, You further expressly agree and acknowledge that any drivers and/or transporters of items and/or other belongings on behalf of BIG TRUCK DELIVERY are independent contractors, and thereby are solely responsible for damages, if any, caused by the pick up, transportation, and/or delivery of any items and/or belongings.

2. Limitations of Service. BIG TRUCK DELIVERY will not intentionally move any item and/or belonging, the value of which exceeds $500.00. By signing this Agreement, You agree and acknowledge that neither BIG TRUCK DELIVERY, its members, officers, directors, agents, subsidiaries, joint ventures and employees, in addition to any independent contractor of BIG TRUCK DELIVERY’s Services (including, without limitation, any drivers) will cover any amount of damages in excess of $500.00 USD in value. In essence, You hereby agree and acknowledge that, in no event in which any item and/or belonging or collection of items and/ or belonging for which YOU engage BIG TRUCK DELIVERY’s Services which exceeds $500.00 in fair market value, will BIG TRUCK DELIVERY, its members, officers, directors, agents, subsidiaries, joint ventures and employees, in addition to any independent contractor of BIG TRUCK DELIVERY’s Services will be responsible for any amount exceeding $500.00.

3. Damages/Losses. You hereby agree and acknowledge that, in the event that, in the operation and conducting of its Services, any item and/or belonging in our “care”, “custody” and “control” becomes damaged and/or destroyed, or any part thereof becomes damaged and/or destroyed, BIG TRUCK DELIVERY reserves the right to deem a damaged item repairable or replaceable in the event that BIG TRUCK DELIVERY agrees that such repair or replacement is economically feasible and can be done so without the destruction of the item and/or belonging. You further hereby agree and acknowledge BIG TRUCK DELIVERY’s rights to make a proper determination to either repair or replace any item and/or belonging, in addition to any portion of any item and/or belonging in the event BIG TRUCK DELIVERY accepts responsibility of the damage and/or destruction of any item, which is expressly limited by the terms and conditions listed herein.

4. Item Delivery/Transportation. Upon engaging BIG TRUCK DELIVERY’s Services, You must designate a Receiving Agent (the “Receiving Agent”) that is authorized to accept delivery of the item and/or belonging being transported by the BIG TRUCK DELIVERY driver. Before BIG TRUCK DELIVERY is obligated to deliver and/or transport any item, You agree to designate a Receiving Agent by signing BIG TRUCK DELIVERY’s driver / release of liability form. Upon delivery of the item and/or belonging, the Receiving Agent shall sign the BIG TRUCK DELIVERY driver / release of liability form, acknowledging successful delivery of the item and/or belonging. By naming a Receiving Agent, You hereby expressly authorize such individual to accept the condition of the transported item as-is upon its delivery, thereby acknowledging the non-existence of damages thereto. Upon the Receiving Agents signature of the driver / release of liability form, such signature confirms that the item has been successfully delivered to the agreed upon destination and that no damages of any kind have arisen as a result of BIG TRUCK DELIVERY’s delivery and/or transportation of such item. In addition, such signature waives any and all rights to You, as expressly limited herein, to submit a damage claim in an attempt to hold BIG TRUCK DELIVERY, its members, officers, directors, agents, subsidiaries, joint ventures and employees, in addition to its independently contracted drivers responsible for any damages occurring from the transportation and/or delivery of any item and/or belonging.

5. Payment for Services/Cancellations. Any and all payments for BIG TRUCK DELIVERY’s Services shall be debited upon submittal of the driver / release of liability form, as described above. You agree and acknowledge to pay any charges and/or fees related to the cancellation of services prior to the driver’s pickup of the requested item. Cancellation of a "booked move or delivery" shall result in a one time charge of $25.00 USD. You agree to furnish a Debit Card or Credit card number to BIG TRUCK to place a $25.00 USD security deposit hold toward your booked move/instant delivery. You also have the option to pay this security deposit hold by Paypal, Venmo or CashApp. The $25.00 hold will reduce your final invoice by the $25.00 USD dollar amount. If you cancel your booked move or instant delivery for any reason after it has been booked and added to our calendar per your request, you forfeit the $25.00 USD security deposit hold as it will now act as a $25.00 USD cancellation fee. You further expressly agree to pay the entire cost of the move balance upon BIG TRUCK DELIVERY’s pick-up of the item and/or belonging. BIG TRUCK DELIVERY will not be responsible for any refund to You in the event successful delivery of the item cannot be made by fault of either You, the Registered Agent, or any third-party not affiliated with BIG TRUCK DELIVERY or its drivers.

6. Dispute/Claims. Any disputes related to the Services described herein against BIG TRUCK DELIVERY, or any independent contractor thereof shall be made within 24 hours of the delivery and/or transportation of the item and/or belonging by emailing BIG TRUCK DELIVERY at bigtrucksa@gmail.com and providing your full name, address, telephone number, in addition to a detailed description of Your dispute and/or claim, including the time and place Your items and/or belongings were delivered. You hereby agree and acknowledge that any such information provided to BIG TRUCK DELIVERY, amounting to any future dispute and/or claim against BIG TRUCK DELIVERY shall be truthful and made in good faith. In the event You submit a dispute and/or claim to the above-referenced BIG TRUCK DELIVERY email address within the requisite time, BIG TRUCK DELIVERY will review the substance of the dispute and contact You within 72 hours.

7. Arbitration. You hereby agree and acknowledge that BIG TRUCK DELIVERY reserves the right to submit any and all claims and disputes arising under or relating to this Agreement to be settled by binding arbitration in the State of Texas or another location mutually agreeable to the Parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. Any such arbitration shall be conducted by an arbitrator experienced in website development and/or contractual- related business disputes and shall include a written record of the arbitration hearing. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

8. Access License. BIG TRUCK DELIVERY grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without BIG TRUCK DELIVERY’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by BIG TRUCK DELIVERY to You.

9. Copyright and Ownership. All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by BIG TRUCK DELIVERY, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including without limitation the design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, Content and all related rights shall remain the exclusive property of BIG TRUCK DELIVERY or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

10. Trademarks/No Endorsement. All trademarks, service marks and trade names of BIG TRUCK DELIVERY used herein (including but not limited to: BIG TRUCK name, BIG TRUCK logo, the Services design, and any logos) (collectively referred to herein as the “Marks”) are trademarks or registered trademarks of BIG TRUCK DELIVERY or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post transmit, distribute, or modify BIG TRUCK DELIVERY trademarks in any way, including advertising or publicity pertaining to distribution of materials on the Services, without BIG TRUCK DELIVERY’s prior written consent. You shall not use BIG TRUCK DELIVERY’s name or any language, pictures or symbols which could, in BIG TRUCK DELIVERY’s judgment, imply BIG TRUCK DELIVERY’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

11. Account Registration. You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about Yourself as prompted by the Services registration, sign-in, or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BIG TRUCK DELIVERY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BIG TRUCK DELIVERY has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for the security and confidentiality of Your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.

13. Termination. You or we may suspend or terminate your right to use of Services at any time, for any reason or for no reason. We may also block your access to our Services in the event that (a) You breach these Terms of Service; (b) we are unable to verify or authenticate any information You provide to us; or (c) we believe that Your actions may cause financial loss or legal liability for you, our users or us.

14. Representations and Warranties. You represent that You are age 18 or older, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. In addition, You represent and warrant that You will not use BIG TRUCK DELIVERY’s Services to promote, engage, participate in, or further any known illegal activity. You represent that You have read, understood, agree with, and will abide by the terms of this Agreement. In addition,You represent and warrant that You are the true owner of any items and/or belongings You contract with BIG TRUCK DELIVERY to have delivered and/or transported now and in the future and/or that You are fully authorized to engage in such transaction with BIG TRUCK DELIVERY. In essence, You hereby warrant and represent to BIG TRUCK DELIVERY that You are not interfering and/or infringing on any other individual’s right to use and possess any item and/or belonging by entering into this Agreement with BIG TRUCK DELIVERY.

15. DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SECURITY OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BIG TRUCK DELIVERY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER BIG TRUCK DELIVERY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIG TRUCK DELIVERY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. LIMITATIONS OF LIABILITY. BIG TRUCK DELIVERY DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL BIG TRUCK DELIVERY OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. IN NO EVENT SHALL MOVE IT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED FIFTY U.S. DOLLARS (US $150.00) OR (B) THE TOTAL COST TO REPAIR AND/OR REPLACE AN ITEM (NOT TO EXCEED $500.00 USD TOTAL) IN THE EVENT BIG TRUCK DELIVERY ELECTS TO PAY FOR DAMAGES ASSOCIATED WITH ITS SERVICES. ANY AMOUNT OF DAMAGE TO AN ITEM IN EXCESS OF $150.00 WILL BE SETTLED BETWEEN YOU (THE USER) AND THE COMPANY THROUGH BIG TRUCK DELIVERY’S CLAIMS PROTOCOL, WHICH IS FULLY REFERENCED TO AND INCORPORATED BY THESE TERMS.

1. Indemnity. You agree to defend, indemnify and hold BIG TRUCK DELIVERY and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by You or Your authorized users; (ii) Your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) Your violation of any third party right, including without limitation any right to use and/or possess any item and/or belonging; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that You provide to BIG TRUCK DELIVERY, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with Your unique username, password or other appropriate security code.

2. Release. In the event that You have a dispute with one or more other users of the Services, You release BIG TRUCK DELIVERY (and our members, officers, directors, agents, subsidiaries, joint ventures, employees and contractors) from claims, demands and damages (actual and consequential) of every kind any nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3. Force Majeure. Neither BIG TRUCK DELIVERY nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

4. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by BIG TRUCK DELIVERY’s Privacy Policy which is incorporated into and is a part of this Agreement.

5. General. Any claim relating to and the use of, the Services and the materials contained herein is governed by the laws of the State of Texas. You consent to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas. A printed version of these Terms or Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by BIG TRUCK DELIVERY in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement.

1. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. BIG TRUCK DELIVERY has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. BIG TRUCK DELIVERY has adopted a policy that provides for the removal of any content or the potential suspension of any user that is found to have repeatedly infringed on the rights of BIG TRUCK DELIVERY or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, You should notify us by using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Section 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: bigtrucksa@gmail.com

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Services that You claim is infringing, with enough detail so that we may locate it on the Services;

3. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

5. Additional Assistance. If You do not understand any of the foregoing Terms of Service or if You have any questions or comments, we invite you to contact us at bigtrucksa@gmail.com.

PRIVACY

TERMS