Terms and Conditions
Welcome to MovingLabor.com, a marketplace for moving labor services. We are a neutral intermediary that allows users to locate, engage and schedule local moving labor help by using our proprietary software. ML and this Site serve solely as a neutral intermediary between a Customer and a Supplier. Our relationship with you or any other person as the Customer, as well as with any Supplier, is solely on that basis.
The following Terms and Conditions ("Agreement") constitute the rules, policies and procedures that govern all use of the MOVINGLABOR.com website ("Site") and all of the services available on said website ("the Service" or “Services” or “Set of Services”). The Service is owned and operated by WBJ & Associates LLC dba MovingLabor.com ("ML", also referred to “Us”).
PLEASE NOTE: If you do not agree to all of the terms and conditions of this Agreement, then please do not further access or use this Service as provided by ML. By using the Service or accessing the Site, you duly agree to be entirely bound this Agreement and all provisions therein.
Ultimately, it’s important to remember that a contractual agreement is only as strong and viable as the good faith and due diligence of the parties thereto. We are sure you will agree with that statement!
A. General Provisions
As a neutral intermediary, ML cannot and will not guarantee or ensure the ability of Suppliers to complete (or properly complete) any services rendered via the Site, or for any quality thereof or any other matter pertaining to said Service, including health and safety, security, carrier liability, insurance issues, and the like. Any and all communications, or correspondence, be it verbal or written, or any warranties or representations, made with regard to any Supplier Services are not provided by ML, but rather are made specifically and solely by and with the applicable Supplier. Furthermore, the Suppliers do not work for Us.
Please note: ML provides a platform that serves as an online marketplace for the procurement and provision of moving services. We are not a broker nor a representative intermediary between the moving service provider (the Supplier) and the Customer. You furthermore acknowledge and agree that the Suppliers are not employees, agents, representatives, or independent contractors of ML in any capacity whatsoever.
For the purpose of clarity, these terms shall have the following specific definitions within this Agreement:
- “Services” refers to any type of moving labor service offered on this Site. This includes loading, unloading, packing, furniture movement or any other allied services. This could be referred to colloquially as a or the “job”;
- “Customer” refers to any visitor of the Site or user of the Service to locate, engage or schedule Services. This may be used interchangeably with “you” or “your”;
- “Supplier” or “moving service provider” refers to an individual, moving company or other like entity that is available for hire specifically for the performance of Services on the Site. This may also be used interchangeably with “they” or “them” or “the moving company” or “vendor”;
- The "Website" refers to www.movinglabor.com;
- The “Marketplace” is the online virtual community of Suppliers and Customers that may transact and interact for the purpose of the provision and acquisition of moving services, as hosted on the Website and as run and provided by ML;
- The “Platform” refers to the online platform (the Marketplace) on the Website run and provided by ML and which forms the conduit by which Suppliers and Customers can transact for the purpose of providing and acquiring moving services, respectively;
- "Booking Request" refers to a request for Services submitted by the Customer to the Supplier. At such time that the request is accepted it becomes a Reservation;
- “Reservation” refers to Services scheduled via the Site and for which a service has been confirmed, a deposit thereof paid, and a confirmation number duly provided;
- “Due Diligence” refers to a comprehensive and objective appraisal of a potential service to be undertaken for a customer by said customer. It is predicated on the accepted legal principle of caveat emptor (‘let the buyer beware’)
MovingLabor.com (formerly Elite Moving Labor) is a nationwide provider of moving labor and moving help services. We are the ONLY company in the United States with the legal authority to use the name, Elite Moving Labor. It's important to note that there are many moving companies and/or individuals that advertise or promote similar moving services under a similar company name. For example, "Elite Moving" and "Elite Movers" are similar names that have no affiliation with us. Elite Moving Labor will never be advertised as one of these variations. At this time Elite Moving Labor only offers Services through our Websites or our Customer Support, never on a third-party website.
4. Minimum Age & Eligibility
The Service is available only to individuals who are at least 18 (eighteen) years of age, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. Furthermore, ML may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, at its sole discretion and as per the needs of services provided.
5. Applicable Laws
These Terms shall be principally governed by and construed in accordance with the applicable laws of the State of Florida and you agree to submit to the exclusive jurisdiction of the laws of that state. Any allied and pertinent laws as mandated at the federal level by the United States of America shall too be applicable where so necessary and where said federal law is the prevailing law.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in said provision(s)) and all other provisions shall remain in full force and effect.
B. Terms of Service
The Site is a marketplace specifically for labor-only moving services. We do NOT advertise, promote, sell or offer any Services that include a truck or transportation. Services available on the Site and provided by Suppliers include loading, unloading, packing and furniture movement. It is ordinarily the Customer's responsibility to provide a rental truck, portable storage container, trailer or similar vehicle for a needed Service.
- Your credit card will not be charged if your Booking Request is not accepted or is not responded to within 24 hours (expired)
- Your credit card will not be charged if you withdraw (cancel) your Booking Request before it is accepted by the Supplier
- A Booking Request becomes a confirmed Reservation once accepted. You may cancel your Reservation without penalty by providing (7) or more days’ prior notice. Cancellations requested with less than (7) days’ prior notice are subject to a fee of $50
You may submit a Booking Request to a Supplier as the first step in creating a Reservation. The Supplier you've chosen will have 24 hours to either accept or decline your request. Should your booking request be declined by the mover, or it expires, meaning the mover didn’t respond within 24 hours, no charge is made for the booking request and you’re free to choose a different mover. Should you decide to withdraw the Booking Request before the Supplier has accepted you may do so. No charge is made for the Booking Request when withdrawn prior to acceptance by the Supplier.
Booking Requests, whether by phone or by use of the Website, are initially pending until the Supplier responds to the request. Typically, this is a brief process as the Supplier will need to verify availability for your requested date and time as well as the specifics of your request. The Supplier will have 24 hours to accept or decline your request. A Booking Request will be considered confirmed Reservation once the Supplier has accepted the request, at such time the deposit will be processed and thereafter a confirmation email will be sent to the Customer.
A Reservation is required for each scheduled Service, and multiple Reservations may be made depending on your unique needs. Each Reservation will have its own minimum price and require a deposit. In turn, each Reservation will also be assigned a unique Reservation number.
- All fees are per Reservation. Each Reservation will have a unique confirmation number
- Changes that require rescheduling of the date or time are subject to availability at the time of request
- Your request must be received at least twenty-four (24) hours in advance of your scheduled moving date ("Proper Notice"). Any request received with less than this twenty-four (24) hours’ notice will be charged a $150.00 No Show Fee
- As noted before, a $50.00 cancellation fee will be charged for a complete cancellation when less than (7) days’ prior notice has been provided
Read our cancellation policy for additional information.
ML will make every attempt possible to reschedule your Service for the requested Service Date and time. Reschedules are based on availability, so it is recommended that you give ample notice of your intention to reschedule. There are no fees to reschedule your Service assuming Proper Notice is provided (see point 3 in the clause above this one).
If you are unable to receive Services for your originally scheduled date/time, but have not yet selected a new date, ML will place your reservation for Service into Pending Status at your request. Pending Status will allow you to reschedule your reservation without penalty for up to one (1) year from the requested date. The terms and conditions still apply for a reschedule request at the time of rescheduling.
8. Moving Details
During both the quoting and scheduling process, your chosen Supplier will ask you specific questions to obtain the required information necessary for quoting and scheduling. It is the obligation of the customer to provide ML and the Supplier with honest and accurate information regarding about your move, the moving services required, and to inform us of any changes. Failure to do so may result in additional fees or Services not being performed.
Due Diligence with Regard to Policies
During both the quoting and scheduling process ML staff will ask questions necessary to ensure compliance with our policies. ML staff will answer any questions and discuss any policy at the request of the customer. However, whilst every reasonable effort is made to review relevant policies, it is impossible for ML staff to review and discuss every policy with every customer. It is therefore the customer's responsibility to complete their Due Diligence during the quoting and reservation process, both by asking necessary questions as well as reading and reviewing information available on our website.
Confirmation of a Service or set of Services will be by means of the customer confirmation email. Details in this confirmation will include all the core moving details, which include the moving date and time, applicable addresses, etc. A reconfirmation email is sent out 72 hours prior to the stipulated service, specifically so that the customer may review and notify Us of any inaccuracies in the said order. The final onus regarding all information pertinent to a Service or set of Services rests with the Customer, since they have been provided with multiple opportunities to detect any errors in a given Service or set of Services.
Any heavy or awkward items not made expressly known to a Supplier during the quoting or scheduling process may not be serviced by the Supplier and it is entirely at their discretion whether or not they agree to move the heavy items. It is imperative that the Customer make the Supplier and ML aware of any items in excess of 300 pounds, as well as the access conditions associated with these items. Additionally, the customer will be responsible for all fees, including our cancellation and No Show fee, in the event that the Customer decides to cancel services due to our refusal to move these items.
Refer to our heavy items policy for additional information.
Other Customer Restrictions & Requirements
In the event that a specific moving situation has additional restrictions or requirements, such as time limitations or insurance requirements, this must be duly disclosed to the Supplier and ML prior to scheduling a Service. These may include any time limitations due to a live load or unload, time limitations due to a reserved elevator, certificate of insurance requirements by a building or property, parking permit requirements, or similar restrictions that are necessary to ensure accurate quoting and scheduling. ML is not liable for any fees or expenses incurred by a Customer failing to disclose this information to the Supplier. In the event that a Service must be canceled or rescheduled as a result of failing to provide ML with this information then the Customer will be responsible for all fees, including our cancellation and No Show fees.
Hazardous Conditions or Items
A Supplier and, in turn, ML reserves the right to refuse moving services when conditions or items are unsafe, hazardous or unhealthful. The most common examples of these conditions or items that have been declared unsafe include, but are not restricted to:
- Hazardous conditions: mold contamination, bug infestation, urine/feces, unsafe access (rusted stairs), customer under the influence of narcotics or alcohol, aggressive disputes (e.g. husband/wife, landlord/tenant), hoarders, etc.
- Hazardous items: chemicals, ammunition, fireworks, gasoline, propane, drugs/needles/pills in public view, etc.
In the event that a Service must be canceled or rescheduled as a result of failing to provide the Supplier with this information, then the Customer will be responsible for all fees, including our cancellation and No Show fees.
Changes to Moving Details
In the event that any of this information changes it is the obligation of the customer to notify the Supplier and ML of such changes, at which time ML will inform the customer of any necessary modifications to rates or scheduling availability. Unless otherwise notified, ML will presume that all of the information included in the confirmation email as sent out to the customer is accurate. The customer is solely responsible for any fees, including our cancellation fee and a no show fee, that may arise due to any changes to the confirmed that were not correctly communicated by the customer to Us.
Payment of Deposit
Any and all Services scheduled via the Site or our Customer Support will require a deposit be paid in advance by the Customer, as stipulated by Us. The deposit payment will be tendered to ML and the deposit amount will be applied to your total rate. In return, ML will provide the Customer with a confirmation that Services have been scheduled.
Payment of Balance
Your final balance may be paid by cash or credit card directly to the Supplier, upon completion of your move. When paying by credit card the card must physically be on site. ML cannot bill a credit card on file for the balance due.
The Customer agrees that, upon completion of a Service by a Supplier, they shall sign the Supplier's work order showing the total amount of hours worked and total balance due. Doing so shall constitute irrevocable authorization for ML to charge your credit card for the balance indicated, if that method of payment has been designated, and subsequently releasing the applicable payment to the relevant Supplier. There shall be absolutely no refund with respect to any amount released.
Once said payment has occurred, then the Customer agrees that all payment disputes (including but not limited to defective Services by the Supplier) shall be directed solely against the applicable Supplier, with ML entirely indemnified therefrom. In such circumstances, the Customer will not attempt to block or otherwise prevent any payment processing activities by or to ML, This includes, but is not limited to, any request to a credit card provider to refuse or rescind any and all payments to ML.
The Customer agrees that, failing to pay the final balance directly to the Supplier, to the extent that ML must collect payment directly from the Customer, ML will add a 3.2% credit card processing fee to the balance due.
Supplier Acknowledgement Regarding Customer Payments
The Supplier shall agree that it is entitled to receive any payment from ML for their Services only once the Customer has provided written authorization allowing ML to charge the designated credit card and signed the applicable work order provided to the Supplier by ML. It is the Supplier's obligation to submit a legible copy of the completed and signed work order to ML for processing. If a Customer refuses or otherwise fails to authorize payment to the Supplier then such failure/refusal is an issue to be addressed between said Customer and the Supplier. The Supplier further acknowledges that ML is entirely indemnified from any further action against it or liability with respect to such a failure or refusal of payment by a Customer.
- 7 Days (or more) Notice: There is no fee to cancel your Service when at least (7) days’ notice is provided
- Less Than 7 Days' Notice: A cancellation fee of $50.00 per Service
- Less Than 24 Hours' Notice: If you cancel a Service and do not provide Proper Notice you will be charged a $150.00 'No Show Fee' in addition to the cancellation fee
Cancellation requests may take up to 48 hours to process. For purposes of this provision, any Service that requires a Deposit is considered separate and subject to its own fee. Read additional information about the ML cancellation policy.
Reservation abandonment occurs when the Supplier is unable to provide Services despite being dispatched or having already arrived at the designated address provided by the Customer. Examples of this could include:
- The Customer is not at the designated location or is not prepared for Services to be provided
- The Supplier is unable to reach the Customer using the contact information provided by the Customer or the Customer fails to respond to contact attempts
- No truck or transportation method is available on site for the Supplier to Service. This includes late or delayed delivery of portable storage containers, international containers and freight trailers. This also includes situations where a rented moving truck has become unavailable or has broken down
Any of the above will result in a scheduled Service having to be abandoned and will thus incur a $150.00 ‘No Show Fee’ in addition to the $50.00 cancellation fee.
Submitting a Review
We encourage every Customer to submit a review regarding their moving experience. This can provide valuable feedback to the Supplier as well as to the public. For every Service reserved with ML the Customer will receive an invitation to review their movers 48 hours after the move date. There is no deadline to submit your review, however, once submitted, you will have 14 days to edit your review.
As a Customer or as a Supplier you acknowledge that you may expose yourself to liability if your feedback contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
By leaving your feedback, you represent and warrant that you are the author and owner of the intellectual property rights thereto, whereby all “moral rights” that you may have in such content have been voluntarily waived by you and all content that you post is accurate.
Furthermore, you understand and acknowledge that your feedback may be used in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant ML world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use your feedback for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access to your feedback in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against ML and its users any claims and assertions of moral rights or attribution with respect to Feedback. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, translate, remove, analyze, commercialize, and prepare derivative works of Feedback.
Right to Moderate Reviews
To ensure a positive experience by users interacting with our website, as well as Supplier moving companies, ML reserves the right to remove or moderate any customer review that violates our review guidelines; we will never edit a review. In the event that a review is determined to be inappropriate, ML may continue to publicly display the review but not factor it into the review score, or, remove the review entirely based on the following criteria:
- Inappropriate Content: Threats, harassment, profanity, hate speech, prejudice, sexually explicit language, personal attack or unfounded accusations
- Relevance: A review should address a moving experience with the movers and/or moving company assigned for a specific Service
- False Statements: A review should be honest, truthful, and based solely on a moving experience. A review may not include false, incorrect or misleading information of any type
- Privacy: A submitted review will be displayed publicly so private information should not be included, specifically, contact information such as phone numbers, email address, website URL's, addresses and similar information
- Intellectual Property: Content that may infringe any applicable patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party to this Agreement
12. Supplier Requirements
ML does set quality and qualification requirements to ensure that Suppliers are capable of providing Services. Minimum qualifications include a combination of verifiable moving experience, background check and verification of business licensing and insurance. While many Suppliers have valid credentials this is not required by law for labor-only moving services. Credentials that have been provided to ML and approved will appear on their public profile until such time that said credentials expire.
As stated in the Introduction to this Agreement, ML is solely an intermediary between a Customer and Supplier with regard to the provision of moving labor Services, as defined and agreed upon. This point is reiterated with regard to any dispute that may arise between a Customer and Supplier. Therefore, ML is not and cannot be legally or morally responsible for resolving any disputes between a Customer and a Supplier with regard to any Service rendered or not rendered by a Supplier, or part thereof. Therefore, both a Customer and Supplier duly acknowledge that any and all disputes between them must be resolved between them. This further acknowledges that ML is entirely indemnified from any and all disputes between any and all Customers and Suppliers, be it legally, financially, or morally.
Therefore, when and where there are any claims, demands, liabilities, damages or losses incurred as a result of the same above, You, your heirs, successors and assigns, do hereby waive and release Us (meaning all of ML’s officers, directors, agents, parent, subsidiaries, affiliated companies and employees) from any and all such claims, demands, liabilities, damages or losses pertaining to any dispute between Customer and Supplier as parties.
You further acknowledge and agree that both You and the other applicable party, be it a Customer or Supplier, each have the right to pursue a claim against one another in a Court of competent jurisdiction or in another similar forum of dispute mediation, arbitration and resolution.
Damage to household goods as a direct result of Services performed are covered by basic valuation coverage.
PLEASE NOTE: This coverage is applicable to items dropped or otherwise damaged while being handled by the movers in the performance of Services scheduled by ML. Any damage must be reported on the work order prior to the movers departing the service location. Damage incurred while in transit, or after the movers have departed the service location, will not be accepted.
This basic coverage is not insurance, it is valuation, and is based solely on weight, i.e. up to $0.60 USD per pound. This valuation coverage only applies to household goods that are damaged whilst in the possession of the Supplier.
This basic coverage is not available for any items reported as damaged after the Supplier has departed your service location. This includes any damage incurred while in transit.
If you wish to file a claim you must do so directly with the Supplier. ML is not a party to such claims. For more information visit Basic Damage Protection.
C. Terms of Website Use
15. General Contingencies
Your use of the Website is conditioned upon your acceptance without modification of this Agreement, all Terms and Conditions and Additional Terms, and the following: Accessing or using this Website in any manner constitutes your agreement to the Agreement, Terms and Conditions and Additional Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acknowledgement and acceptance of, and your agreement to, the updated or modified Agreement. You agree that we have the absolute and exclusive right to make such change(s) or modification(s), in our sole discretion, at any time, without notice to you. If you do not accept these conditions, please do not access or use this Website again. Be sure to return to this page periodically to review the most current version of the Agreement.
16. Specific Rights and Duties
ML is the sole owner of the Website and all content, information and software included in, downloadable from, or accessible through the Website ("content"). In this connection, "software" includes but is not limited to the infrastructure used to provide such content. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content. You specifically agree, further, (1) not to access, monitor or copy any content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (2) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (3) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; or (4) deep-link to any portion of the Website for any purpose, or "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization. Access to or use of the Website conveys no rights of ownership or license whatsoever in or to you.
We will use reasonable efforts to make the Website available for access through the World Wide Web. However, we are not responsible for unavailability of the Website for any reason, including, but not limited to, periodic downtime for maintenance, backup, acts of God, and other circumstances beyond our control that are a normal part of Internet business, and we may at any time in our absolute discretion suspend or discontinue the Website for any reason or no reason at all.
ML MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE OR ITS CONTENT FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICE BY ML. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ML DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS CONTENT, ITS SERVERS OR ANY EMAIL SENT FROM ML ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ML HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL ML BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES OR OTHER DIRECT OR INDIRECT COSTS, EVEN IF YOU NOTIFY US IN ADVANCE OF A POSSIBILITY OF SUCH DAMAGES, ARISING OR ATTRIBUTABLE TO YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE.
Your access to and/or use of the Website and content, and your performance of this Agreement will result in our disclosing to you or your learning of certain data and/or information that is proprietary and confidential that is our Confidential Information. For purposes of this Agreement, "Confidential Information" shall include but not be limited to any and all non-public information disclosed to or learned by you concerning our business and/or operations, computer hardware and software and other information technology; specifications, processes, procedures and manuals; marketing/business/ financial data, information and plans; and information and/or data regarding Suppliers and Service.
Use of Confidential Information
Confidential Information shall be used solely for the purpose of viewing, reserving and purchasing Service and in performance of this Agreement. You shall treat Confidential Information that you receive or learn of with the same level of care against unauthorized disclosure as you treat like information of your own, and in all events at least with reasonable care against unauthorized disclosure.
Non-Use/Disclosure of Confidential Information
Confidential Information shall be received by you in confidence and not disclosed to any person or entity or used by you for any purpose except as expressly permitted in this Agreement without our written consent.
You acknowledge that we expend considerable money and effort developing and maintaining the Website, content, and customer and Supplier relationships and warrant and agree that you shall not at any time, in any way start or participate in the development of a business substantially similar to the business we operate through the Website and the ML platform for a period of two (2) years after termination of this Agreement.
ML reserves the right, at its sole discretion, to modify or replace any provision of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Any continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of said changes.
17. Limitations on Liability
IN NO EVENT SHALL ML, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. AS A SUPPLIER, YOU UNDERSTAND AND AGREE THAT ML HAS NO RESPONSIBILITY OR LIABILITY FOR A CUSTOMER'S FAILURE TO PAY YOU FOR SERVICES YOU HAVE PERFORMED. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless ML and its officers, directors, shareholders, employees and agents, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement (or any law or regulation) by you. ML reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ML in asserting any available defences.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
20. Links on the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
21. Copyright and Trademark Notices
Unless otherwise indicated, this Agreement and all content provided by ML are copyright © 2009 WBJ & Associates, LLC dba MovingLabor.com. All rights reserved. "ML" as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by WBJ & Associates, LLC or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ML. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
22. Digital Millennium Copyright Act (DMCA)
If at any time while browsing or using the ML Website you believe that your information is being misused, improperly displayed, or misrepresented creating copyright infringement, or in blatant violation with your personal rights you must submit the required information to our DMCA Registered Agent (Registration # DMCA-1012982):
7402 N 56th St, Ste 345
Tampa, FL 33617
Fax: (888) 901-4464
Procedure for Reporting Copyright Infringement
Send a notice of copyright infringement to our DMCA Registered Agent containing the information below:
- The material in question, and enough information for us to locate it. Such as a URL, or description of how and where it was viewed by you
- A statement by you providing substantial reasoning, belief, or evidence that the material is in violation of its creator, rightful owner, or the law
- A statement by you certifying under penalty of perjury that the above information you provided is accurate, and that you are either the rightful owner or acting out of the best interest of the rightful owner, of the material in question
- Your name, address, telephone number, and signature. If after proper investigation the material or person in question is found to be in violation, ML will remove the material and reserves the right to take further action against its creator, such as removing the account from our website, by the steps necessary in the Digital Millennium Copyright Act (DMCA)
These Terms and Conditions were last reviewed on July 2nd, 2018.