WhiteGlove4Less Terms of Service
Last Updated: April 2019
WhiteGlove4Less, LLC (“WhiteGlove4Less,” “we,” “us” or “our”) provides and makes available its marketing tools, including its payment processing capabilities, scheduling tools, website located at www.WhiteGlove4Less.com (the “Site”) and its WhiteGlove4Less mobile application (the “App”) (collectively, the “Services”). All uses of the Services are subject to this Terms of Service Agreement (“TOS”).
Agreement to Terms
Please read this TOS carefully because they govern your use of our Site (and subdomains thereof) and related services accessible via our Site. By accessing, browsing or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not accept this TOS’s terms and conditions, you may not access, browse or use the Services.
Changes to TOS
You understand and agree that WhiteGlove4Less may change this TOS at any time without prior notice; provided that WhiteGlove4Less will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this TOS at any time by selecting the Terms Of Service link on the Site. The revised terms and conditions will become effective at the time of posting. Any use of the Services after such date will constitute your acceptance of such revised terms and conditions. If any change to this TOS is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Services. The terms of this TOS will govern any updates WhiteGlove4Less provides to you that replace and/or supplement any portion of the Services, unless the upgrade is accompanied by a separate license or revised TOS, in which case the terms of that license or revised TOS will govern. Notwithstanding the preceding sentences of this Section, no revisions to this TOS will apply to any dispute between you and WhiteGlove4Less that arose prior to the effective date of such revision.
Who May Use the Services
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with WhiteGlove4Less and are not barred from using the Services under applicable law.
Accounts and Registration. To use the Services, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Delivery Professional or a Customer. If you create an Account as a Delivery Professional, you will also be required to agree to the Delivery Professionals Agreement to engage WhiteGlove4Less for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you’re responsible for all activities that occur under your Account, whether or not you authorized or know about them. If you use the Services on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the TOS and (ii) agree to be bound by the TOS on behalf of such Organization.
Theft of Credentials. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify WhiteGlove4Less immediately at firstname.lastname@example.org, and change your password at the earliest opportunity. WhiteGlove4Less will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying WhiteGlove4Less of the unauthorized use or loss of your credentials.
Description. The Services provides independent delivery professionals (“Delivery Professionals”) with a network through which Delivery Professionals can provide delivery services (each such delivery Service is a “Delivery”). Any person who accesses and/or uses the Services to connect with a Delivery Professional is a “Customer.”
Limitations. WHITEGLOVE4LESS DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY PROFESSIONALS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICES. WHITEGLOVE4LESS OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP AND DELIVERY SERVICES, BUT DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICES.
Mobile Services. The App may offer the Services via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this TOS.
Rules for Customers
The terms in this section apply to Customers and not to Delivery Professionals.
Requesting a Delivery. In order to request a Delivery, you will have to specify certain information about the Delivery, which may include: the pick-up point, the destination, the items you are requesting to be lifted or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, WhiteGlove4Less will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Delivery for you and will provide them applicable details regarding the Delivery. If no Delivery Professionals are available, WhiteGlove4Less will notify you that there are no Delivery Professionals available to perform the Delivery, at which point we will have no further obligation to attempt to connect you to a Delivery Professional for the applicable Delivery.
Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY OF THE FOLLOWING TRANSPORTED: accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other similar valuable articles, paintings, statuary and other works of art, manuscripts, mechanical drawings, live animals, tobacco, cigars, cigarettes, non-ferrous metal in scrap and/or ingot form, or furs and skins. Some states including California and Georgia do not allow the transportation of used goods from home to home.
A DELIVERY PROFESSIONAL HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE DELIVERY TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY PROFESSIONAL, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE DELIVERY, OR THAT THE SERVICES ARE BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICES ARE NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND WHITEGLOVE4LESS WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICES.
Fees. The fee for each Delivery will be displayed to you on the Services, and include expenses that may be incurred by the Delivery Professional in the normal course of completing your Delivery including, without limitation, any tolls, accessorial charges, excessive weight or mileage charges, elevated service levels (collectively, the “Fees”). The Delivery will begin when Delivery Professional begins loading cargo and the Delivery will end once Delivery Professional has safely unloaded all cargo and confirmed the Fee is correct through the functionality provided via the Services. WhiteGlove4Less is not responsible for any actions performed by Delivery Professional that occur before the Delivery begins and after the Delivery ends.
Payment. WhiteGlove4Less accepts various forms of payment including prepaid accounts, purchase orders and credit cards through our third party payment processor. Fees are due immediately following the applicable Delivery Professional’s confirmation of completion of your Delivery. If you cancel your Delivery within 4 hours of the scheduled delivery time, then WhiteGlove4Less may charge you up to $50 per Delivery Professional. ALL FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.
Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Delivery will be the lower of the declared value of the Items that you specified when requesting the Delivery or $10,000 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Delivery.
Users make their contracts directly with other users, not with WhiteGlove4Less. Fees for using the Services will be processed via WhiteGlove4Less’ third party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions.
WhiteGlove4Less reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including VAT, if applicable) required to be paid on their use of the Services or on any related payment received (other than taxes on WhiteGlove4Less’ income).
WhiteGlove4Less will authorize and place a hold on customer’s credit card at the time the order is received by WhiteGlove4Less. The authorized amount will be for a minimum of $100.00 or the higher end of the estimated delivery cost if the estimate is greater than $100.00.
Intellectual Property Rights
License. The Services is licensed, not sold, to you for use only under the terms of this TOS. WhiteGlove4Less reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this TOS, WhiteGlove4Less hereby grants you a personal, limited, revocable, non-transferable license to access and use the Services.
Content. Except for User Content (as defined below), the content made available on or through the Services, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by WhiteGlove4Less or WhiteGlove4Less’ third party licensors (the “WhiteGlove4Less Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Services in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this TOS or permitted by the Services functionality. You may not modify or use any materials obtained from or available through the Services unless you have obtained the applicable copyright owner’s prior express written authorization. WhiteGlove4Less solely owns all design rights, databases and compilation and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill.
Marks. The WhiteGlove4Less trademarks, Services marks, and logos (the “WhiteGlove4Less Trademarks”) used and displayed on the Services are WhiteGlove4Less’ registered and unregistered trademarks or Services marks. Other product and Services names located on the Services may be trademarks or Services marks owned by third parties (the “Third-Party Trademarks,” and, with the WhiteGlove4Less Trademarks, collectively the “Trademarks”). Nothing on the Services or in this TOS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services without WhiteGlove4Less’ prior express written consent for each individual use. You may not use the Trademarks to disparage WhiteGlove4Less or the applicable third-party, WhiteGlove4Less’ or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Services without WhiteGlove4Less’ prior express written consent. All goodwill generated from the use of any WhiteGlove4Less Trademark will inure solely to WhiteGlove4Less’ benefit.
Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the WhiteGlove4Less Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the WhiteGlove4Less Content in any way for any public purpose. The use or posting of any of the WhiteGlove4Less Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this TOS, then your right to access and/or use the WhiteGlove4Less Content and Services will automatically terminate and you must immediately destroy any copies you have made of the WhiteGlove4Less Content.
User Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. For avoidance of doubt, “Content” does not include software made available by WhiteGlove4Less via the Services.
Content Ownership, Responsibility and Removal. WhiteGlove4Less does not claim any ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, WhiteGlove4Less and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to WhiteGlove4Less a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users of the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights to your User Content under these terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by WhiteGlove4Less on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by WhiteGlove4Less. Subject to your compliance with this TOS, WhiteGlove4Less grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
No Liability. For the avoidance of doubt, WhiteGlove4Less will not be liable for any unauthorized use of User Content by any other user or third party.
Restrictions on Use of the Services
In using the Services, you agree not to:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, WhiteGlove4Less’ name, any WhiteGlove4Less trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WhiteGlove4Less’ express written consent;
- Access, tamper with, or use non-public areas of the Services, WhiteGlove4Less’ computer systems, or the technical delivery systems of WhiteGlove4Less’ providers;
- Attempt to probe, scan, or test the vulnerability of any WhiteGlove4Less system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WhiteGlove4Less or any of WhiteGlove4Less’ providers or any other third party (including another user) to protect the Services or Content;
- Take any action that imposes an unreasonable load on the Services’ infrastructure;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Malwarebytes or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Malwarebytes trademark, logo URL or product name without Malwarebytes’ express written consent;
- Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Access, tamper with, or use non-public areas of the Services, WhiteGlove4Less’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of WhiteGlove4Less’ providers;
- Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including WhiteGlove4Less employees;
- Provide any false personal information to WhiteGlove4Less;
- Create a false identity or impersonate another person or entity in any way;
- Restrict, discourage, or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of that person, or collect information about users of the Services;
- Gain unauthorized access to the Services, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Services;
- Post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
- Interfere with or disrupt the Services, networks, or servers connected to the Services or violate the regulations, policies or procedures of those networks or servers;
- Do anything that causes WhiteGlove4Less to become subject to regulation as a transportation carrier or provider of taxi services.
- Violate any applicable federal, state, or local laws or regulations or the terms of this TOS; or
- Assist or permit any persons in engaging in any of the activities described above.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of this TOS which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability provisions.
Choice of Law; Venue
This TOS will be governed and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under this TOS, you and WhiteGlove4Less agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Clark County, Nevada.
Limitation of Liability and Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WHITEGLOVE4LESS NOR ANY OTHER party involved in creating, producing, or delivering the services or content (COLLECTIVELY, THE “WHITEGLOVE4LESS PARTIES”) will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not WHITEGLOVE4LESS has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will WHITEGLOVE4LESS’ total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHITEGLOVE4LESS AND YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHITEGLOVE4LESS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
WhiteGlove4Less is not responsible for the performance, actions, or inactions of any user, whether identified through the Services, in public, private, or offline interactions, or otherwise. WhiteGlove4Less does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. WhiteGlove4Less does not have control over, and has no responsibility for, any damage to Items.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. WHITEGLOVE4LESS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE WHITEGLOVE4LESS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICES AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICES, THE INFORMATION PROVIDED THROUGH THE SERVICES AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICES. WHITEGLOVE4LESS DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY PROFESSIONALS.
Third Party Disputes. WHITEGLOVE4LESS IS NOT AFFILIATED WITH ANY CARRIER, SERVICES PROVIDER, OR OTHER THIRD PARTY SERVICES, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICES PROVIDER, THIRD PARTY SERVICES OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE WHITEGLOVE4LESS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the WhiteGlove4Less Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this TOS, or your access to, use or misuse of the WhiteGlove4Less Content or Services. WhiteGlove4Less will notify you of any such claim, suit, or proceeding. WhiteGlove4Less reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WhiteGlove4Less’ defense of such matter.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of this TOS which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Consent to Electronic Communications
You agree that no joint venture, partnership, employment, or agency relationship is created between you and WhiteGlove4Less as a result of this TOS or use of the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and WhiteGlove4Less other than pursuant to this TOS. If any provision of this TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this TOS, which will remain in full force and effect. WhiteGlove4Less’ failure to act on or enforce any provision of this TOS will not be construed as a waiver of that provision or any other provision in this TOS. No waiver will be effective against WhiteGlove4Less unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by WhiteGlove4Less and you, this TOS constitutes the entire agreement between you and WhiteGlove4Less with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This TOS will inure to the benefit of our successors and assigns. You may not assign this TOS or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of WhiteGlove4Less. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. WhiteGlove4Less may assign this TOS, including all its rights hereunder, without restriction.
Promotions. WhiteGlove4Less may from time to time offer promotions, promo codes and/or discounts for first time users, loyal or repeat users or as a reward for referrals. These rewards will come in the form of WhiteGlove4Less Credits that can be used to purchase services on the WhiteGlove4Less platform only. WhiteGlove4Less Credits can be redeemed using the WhiteGlove4Less App or the Site. The maximum WhiteGlove4Less Credits that can be redeemed per Delivery is $50.00. A valid Promo Code or Gift Card must be entered at the time the Delivery is requested in order for the credits to be applied to a Delivery. Credits cannot be retroactively applied to a previously scheduled Delivery. Credits earned using illegal or fraudulent methods will be null and void. WhiteGlove4Less Credits have a cash value of 1/100 of one cent. WhiteGlove4Less reserves the right to cancel or suspend these Promotions at any time.
NOTICE REGARDING APPLE. You acknowledge that this TOS is between you and WhiteGlove4Less only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS, and upon your acceptance of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you as a third party beneficiary of this TOS. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If WhiteGlove4Less provides a translation of the English language version of this TOS, the translation is provided solely for convenience, and the English version will prevail.
Please contact us at email@example.com if you have any questions about our Terms of Service.