Terms of Use

TERMS OF USE

December 14, 2015

THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH GYSH OFFERS YOU ACCESS TO THE GYSH PLATFORM.

  1. Contractual Relationship

 

Welcome to the GYSH mobile application and websites, www.gysh.biz and www.getyourstuffhome.com (collectively referred to as the “GYSH Platform”). This Agreement is a legally binding agreement made between you (“You,” “Your,” and “Yourself”) and GYSH (“GYSH,” “We,” “Us,” or “Our”).

 

Please read the Terms of Use carefully before you start to use GYSH. By signing up or using the GYSH Platform, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the GYSH Platform.

 

We may amend these Terms of Use from Time to time in our sole discretion by posting the amended terms on the GYSH Platform. No other notification of amendment will be required. All changes are effective immediately when we post them and apply to all access to and use of the GYSH Platform and your dealings with GYSH thereafter. Your continued use of the GYSH Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use each time you access the GYSH Platform so that you are aware of any changes, as they are binding on you.

 

GYSH is willing to license, not sell, the GYSH Platform to you only upon the condition that you accept all the terms and conditions set forth in these Terms of Use. If you do not accept these Terms of Use, we are unwilling to license the GYSH Platform to you.

 

GYSH provides the GYSH Platform for use only by persons located in the United States. We make no claims that the GYSH Platform or any of its content is accessible or appropriate outside of the United States. Access to the GYSH Platform may not be legal in certain countries. If you access the GYSH Platform outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

  1. GYSH Services

 

The GYSH Platform is a neutral venue to connect people seeking assistance with loading, unloading, lifting, packing, and/or moving their personal property and possessions (“Customers”) with individuals or third-parties seeking to provide assistance to Customers (“Drivers”). (Customers and Drivers together are referred to as “Users.”) Those certain task services requested by the Customers and to be completed from the Drivers are referred to as “Requests.” GYSH is not involved in the actual Request and has no control over the quality, safety, or legal aspects of any Requests. GYSH is not to be used for transportation or ride sharing or transport of people or animals.

 

GYSH DOES NOT PROVIDE MOVING OR COURIER SERVICES AND GYSH IS NOT A MOTOR CARRIER. IT IS WITHIN THE SOLE DISCRETION OF THE DRIVER TO DECIDE TO OFFER ASSISTANCE TO A CUSTOMER CONTACTED THROUGH THE GYSH PLATFORM, AND IT IS WITHIN THE SOLE DISCRETION OF THE CUSTOMER TO ACCEPT ASSISTANCE FROM THE DRIVER. GYSH DOES NOT PREQUALIFY, OR VALIDATE LICENSURE OR LEGAL COMPLIANCE OF ANY DRIVER. GYSH OFFERS INFORAMTION AND A METHOD TO CONNECT CUSTOMERS AND DRIVERS WITH EACH OTHER, BUT DOES NOT INTEND TO PROVIDE MOVING, COURIER, OR OTHER MOTOR CARRIER SERVICES. GYSH HAS NO RESPONSIBILITY OR LIABILTY FOR ANY SERVICES VOLUNTARILY PROVIDED TO ANY CUSTOMER BY ANY DRIVER USING THE GYSH PLATFORM.

 

GYSH does not and cannot guarantee or otherwise ensure Driver availability and/or competence and a User’s ability to pay for the Request. GYSH does not have control over the service provided by the Drivers, including but not limited to, quality, timeliness, and/or legality. Further, GYSH does not have control over the legality of the Requests made through the GYSH Platform. Although GYSH may perform background checks of Drivers, GYSH cannot confirm that each User is who they claim to be. GYSH does not assume any responsibility for the accuracy or reliability of the information provided by Users on the GYSH Platform.

 

The Federal Motor Carrier Safety Administration (“FMCSA”), part of the U.S. Department of Transportation, and most states have statutes and regulations pertaining to the interstate and intrastate transportation of goods, including a household goods move. For more information on FMCSA regulation, please visit www.fmcsa.dot.gov and www.protectyourmove.gov. Additionally, we encourage you to check with your State Department of Transportation for additional rules and regulations related to intrastate moves. All Drivers involved with the transportation of goods must be legally able to complete such Request. Drivers agree and acknowledge that it is their job obligation to comply with all laws, rules, statutes and regulations that may apply, including any and all local, state and federal licensing and disclosure requirements. GYSH DOES NOT SCREEN OR QUALIFY DRIVERS FOR COMPLIANCE WITH FEDERAL, STATE OR LOCAL LAW AND REGULATIONS. WE STRONGLY SUGGEST THAT ALL CUSTOMERS CONFIRM SUCH COMPLIANCE DIRECTLY WITH THE DRIVER BEFORE ENGAGING THE DRIVER ON THE REQUEST.

 

 

 

  1. Driver Representations and Warranties

 

By using the GYSH Platform, a Driver represents, warrants, and agrees that:

 

  • Such Driver is at least 21 years of age;
  • Such Driver possesses a valid drivers’ license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide services to third-parties in all jurisdictions in which such Driver uses the GYSH Platform.
  • Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when fulfilling Requests, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
  • Such Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when fulfilling Requests.
  • Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s fulfillment of Requests.
  • Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to fulfill Requests, including, but not limited to personal injuries, death, and property damage.
  • In the event of a motor vehicle accident, such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicle requirements, and for all necessary contacts with such Driver’s insurance carrier.
  • Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
  • Such Driver will not make misrepresentation regarding GYSH, the GSYH Platform, or such Driver’s status as a Driver, offer or provide any courier service for profit, operate as a public carrier or taxi service, charge for rides or transport services or otherwise seek any non-voluntary compensation from Users, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under this Agreement.
  • Such Driver will not complete a Request arranged through the GYSH Platform which is in excess of 75 miles or crosses any state or country lines/borders.
  • Such Driver will only fulfill Requests using the vehicle that has been reported to GYSH and of which a photograph appears on the GYSH Platform.
  • Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.
  • Such Driver is medically fit to drive in accordance with applicable law.
  • Such Driver is physically capable of loading, unloading, lifting, packing, moving, and/or otherwise lifting up to 100 pounds.
  • Such Driver will not transport any Customer.
  • Driver understands that he/she is considered an independent contractor and is not employed by GYSH.
  • Such Driver will exercise caution and common sense to protect his/her own personal property and personal safety in accepting and fulfilling any Request.

All Driver applicants consent to GYSH, and/or its designee or third-party service, to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act. GYSH adheres to applicable state and federal laws regarding the use of these background checks.

  1. Customer Representations and Warranties

 

By using the GYSH Platform, a Customer represents and warrants that:

 

  • Such Customer is at least 18 years of age.
  • Such Customer owns or has the legal right to transport the personal property and possessions made the subject of the Request.
  • To the extent the personal property and/or possessions made the subject of the Request requires a “team lift” or more than one person to move, the Customer represents that he/she or his/her representative is physically capable of assisting in the lifting of the possessions or will provide an assistant for the “team lift.”
  • Such Customer will not request personal transportation from the Driver. The GYSH Platform only supports transport of personal property and possessions – not individuals.
  • Such Customer will not request transport of any personal property or possessions in violation of any federal or state law.
  • Such Customer will not submit a Request which is in excess of 75 miles or crosses any state or country lines/borders.
  • Such Customer has a valid insurance policy insuring the personal property and/or possessions made the subject of the Request.
  • Such Customer understands that the Driver may or may not be licensed as a household goods motor carrier in the state of Texas.
  • Such Customer has confirmed and verified the Driver’s compliance with respect to any bonding, licensing, insurance, registration, and/or other legal or statutory requirement before engaging a Driver on a Request.

 

  1. Restricted Activities

 

You agree that you will use the GYSH Platform in a manner consistent with all applicable laws and regulations. GYSH assumes no responsibility or liability for compliance with any federal or state law or regulation. GYSH reserves the right to terminate your use of the GYSH Platform for any reason without notice and/or investigation. GYSH reserves the right to investigate Users’ activities and/or use of the GYSH Platform without notice, but is not obligated to do so.

 

With respect to your use of the GYSH Platform, you agree that you will not:

 

  • Impersonate any person or entity;
  • Stalk or otherwise harass any person;
  • Express or imply that any statements you make are endorsed by GYSH, without specific prior written consent;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the GYSH Platform or its contents;
  • Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary rights or notices contained in the GYSH Platform;
  • Interfere with or otherwise disrupt the GYSH Platform or the servers or networks connected to the GYSH Platform;
  • Post email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Forge headers or otherwise manipulate identities in order to disguise the origin of any information transmitted through the GYSH Platform;
  • Frame or mirror any part of the GYSH Platform, without GYSH’s prior written consent or use metatags or code or other devices containing any reference to GYSH or the GYSH Platform in order to direct any person to any other website for any purpose;
  • Modify adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the GYSH Platform or the software used on or for the GYSH Platform or cause others to do so.

You further agree and represent that your interactions on the GYSH Platform shall not:

  • Be false, inaccurate or misleading (directly or by omission or failure to update information);
  • Infringe any third-party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Violate any law, statute, ordinance or regulation;
  • Be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or contain illegal material;
  • Contain any offensive anatomical or sexual references, or be otherwise sexually suggestive or contain connotative language;
  • Include in your information any telephone numbers, street addresses, last names, URLs or e-mail addresses (other than where explicitly asked for and/or required in your registration and profile section);
  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  • Create liability for GYSH or cause GYSH to be subject to regulation as a transportation or motor carrier or other service; or
  • Link directly or indirectly to any other web sites.

Furthermore, you agree that you will not transfer, use, or sell your GYSH account and/or ID to any other party. You agree that you will not allow any other party to use your GYSH ID. GYSH reserves the right, but has no obligation, to reject any User that does not comply with these prohibitions.

  1. Submission of Requests and Payment

 

For clarity, the GYSH Platform is not a party to any contract or agreement between the Users. The GYSH Platform facilitates contracts between Users by connecting them and providing a medium for exchange of money.

Payment Terms. When creating a Request, the Customer will provide the distance of transport and load size. Based on these factors, the GYSH Platform will generate an invoice displaying the total charge to complete the Request (the “Invoice”). The Customer must approve the Invoice before the Request will be submitted to Drivers. Upon approval of the Invoice and submission of the Request to Drivers, a credit charge for the total charge will be placed against the Customer’s credit card or PayPal account.

The Driver, not GYSH, is solely responsible for honoring and fulfilling Requests through the GYSH Platform. If you, as a Customer, choose to allow a Driver to complete your Request, you agree and understand that you will be required to enter into a separate agreement with the Driver, which may include additional terms, conditions, and restrictions. GYSH is not a party to the agreement between the Customer and Driver and GYSH disclaims all liability arising from our related to any such agreement.

Customer understands and agrees that GYSH, on behalf of the Driver, reserves the right, in its sole discretion, to (1) obtain a pre-authorization via your credit card for the full amount of the Invoice; or (2) charge your credit card a nominal amount, not to exceed one dollar, to verify your credit card. Once GHSH receives notice of Request submittal, GYSH will collect the full amount of the Invoice in accordance with these Terms and the pricing terms set forth in the applicable Invoice. GYSH cannot control any fees that may be charged to a Customer by the Customer’s bank or credit card relating to GYSH’s collection of funds and GYSH disclaims all liability in this regard.

In connection with a Request, Customers may be asked to provide customary billing information such as name, billing address and credit card information either to GYSH or its third-party payment processor(s). The Customer agrees to pay GYSH for any confirmed bookings made in connection with your Request in accordance with these Terms by one of the methods described on GYSH Platform, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Request, either directly by GYSH or indirectly, via a third-party online payment processor or by one of the payment methods described on the GYSH Platform. If you are directed to GYSH’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete, you will receive a confirmation SMS (text message) or email summarizing your confirmed booking. You irrevocably and expressly authorize GYSH to withhold any monies and/or debit any monies from any account that you have identified for any customer disputes, charge backs, fees, costs, deductions, adjustments and any other amounts owed to GYSH or a Driver.

GYSH will collect the full amount due on the Invoice at the time of Request submission and will initiate payment of the Payment, less GYSH’s Processing Fee, to the Driver within seven (7) business days of confirmation from the Driver that the Request is complete (except to the extent that a refund is due to the Customer). The time it takes for the Driver to receive payouts may depend upon the method for receiving payouts chosen by the Driver. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Driver, including by deducting their charges from the payout amount.

Processing Fee. GYSH is the neutral venue for the connection of Requests between a Customer and a Driver. When that connection results in a contract between the Customer and the Driver for the Request and the payment by the Customer for the Request, Customer and Driver agree and acknowledge that GYSH shall receive, and is entitled to receive, a Processing Fee for connecting the parties and use of the GYSH Platform. Such Processing Fee is NOT an additional charge to the total amount to be paid by the Customer for the Request. Our fee is calculated as 30% of the total amount paid by the Customer for the Request. GYSH reserves the right to change the Processing Fee from time to time. We encourage you to check these Terms of Use periodically if you are interested in keeping abreast of the rate of our Processing Fee.

Appointment of GYSH as Limited Payment Collection Agent for Driver. Each Driver hereby appoints GYSH as the Driver’s limited payment collection agent solely for the purpose of accepting payment from Customers. Each Driver agrees that payment made by a Customer through GYSH, shall be considered the same as a payment made directly to the Driver, and the Driver will complete the Request in the agreed-upon manner as if the Driver has received the payment. Each Driver understands that GYSH accepts payments from Customers as the Driver’s limited payment collection agent and that GYSH’s obligation to pay the Driver is subject to and conditional upon successful receipt of the associated payments from the Customer. GYSH does not guarantee payments to Drivers for amounts that have not been successfully received by GYSH from Customers. In accepting appointment as the limited authorized agent of the Driver, GYSH assumes no liability for any acts or omissions of the Driver. Furthermore, to the extent a Customer contests any payment made to GYSH and such payment is reversed by the Customer’s bank or credit card company, the Driver agrees to reimburse GYSH for the total amount of the reversed payment, together with any related processing fees.

Payment Processing Errors. GYSH will take steps to rectify any payment processing errors of which GYSH is made aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes. GYSH does not withhold any taxes relating to the GYSH Platform. Users are responsible for withholding and paying any taxes required to be withheld or paid in conjunction with a Customer’s Request.

Promotional Offers. GYSH, at its sole discretion, may make available promotional offers with different features to any Users. These promotional offers, unless made available to you, shall have no bearing on your request.

Cancellations and Refunds. The full amount of the payment, including the Processing Fee, is charged to the Customer’s authorized credit card immediately following acceptance of the Customer’s Request. All payments are non-refundable. This no-refund policy shall apply at all times regardless of a Customer’s decision to terminate usage of the GYSH Platform or our decision to terminate a Customer’s usage of the GYSH Platform. A Customer may cancel a Request with at least 24 hours notice and receive a full refund. If you cancel your Request, GYSH will cancel any pre-authorization to your credit card and/or refund any amounts charged to your credit card in connection with the Request within a commercially reasonable time. If the Request is cancelled with less than 24 hours notice, Customer agrees to pay a “Cancellation Fee” equal to the greater of $20.00 USD or 20% of the amount of the Invoice.

Gratuities. Customers are free to provide additional payment to any Driver who provides services through the GYSH Platform. Customers are under no obligation to do so and Drivers shall not require additional payment from Customer outside the GYSH Platform. Gratuities are voluntary. Customers and Drivers are free to leave feedback and rate their experience on the GYSH Platform.

Repair or Cleaning Fees. Customer shall be responsible for the cost of repair or damage to, or the necessary cleaning of, Driver’s vehicles and property resulting from fulfillment of the Customer’s Request in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Driver reports the need for repair or cleaning, and such repair or cleaning is verified by GYSH in GYSH’s sole and reasonable discretion, GSYH reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Driver using Customer’s payment method. Such amounts will be transferred by GYSH to the applicable Driver and are non-refundable. Likewise, Driver shall be responsible for any damage to the Customer’s party incurred during the fulfillment of the Request. In the event that a Customer reports damage to property subject to the Request, and such damage is verified by GYSH in GYSH’s sole and reasonable discretion, GYSH reserves the right to facility payment for the reasonable cost of repair, cleaning, or, if necessary, replacement, from the Driver’s payment method. Such amounts will be transferred by GYSH to the Customer and are non-refundable. In no event shall GYSH be liable for damage to the Customer’s property or the Driver’s vehicles or property or for improperly investigating any claim of damage or need for repair or cleaning.

  1. Intellectual Property Rights

 

The GYSH Platform and its entire contents, features and functionality (including but not limited to the GYSH Platform, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the GYSH, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the GYSH Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material from the GYSH Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

 

You must not:

 

  • Modify copies of any materials from the GYSH Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

Except in furtherance of requesting or performing a Request, you must not access or use for any commercial purposes any part of the GYSH Platform or any services or materials available through the Website and/or Application.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the GYSH Platform in breach of the Terms of Use, your right to use the GYSH Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the GYSH Platform or any content is transferred to you, and all rights not expressly granted are reserved by GYSH. Any use of the GYSH Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

  1. Information about You

 

All information we collect on the GYSH Platform is subject to our Privacy Policy. By using the GYSH Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  1. Trademarks

 

GYSH’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of GYSH and/or its affiliates or licensors. You must not use such marks without GYSH’s prior written permission. All other names, logos, product and service names, designs and slogans on the GYSH Platform are the trademarks of their respective owners.

 

  1. User Contributions

 

The GYSH Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, feedback mechanisms, and other interactive (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other Users (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the GYSH Platform. All User Contributions must comply with the restrictions included within these Terms of Use.

 

Any User Contribution posted to the GYSH Platform is considered non-confidential and non-proprietary. By providing any User Contribution on the GYSH Platform, you grant GYSH and its affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not GYSH, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. GYSH is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the GYSH Platform.

 

  1. Monitoring and Enforcement; Termination

 

GYSH has the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the GYSH Platform or the public, or could create liability for GYSH.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the GYSH Platform.
  • Terminate or suspend your access to all or part of the GYSH Platform, as set forth below.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the GYSH Platform. YOU WAIVE AND HOLD HARMLESS GYSH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

GYSH cannot and does not undertake to review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, GYSH assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. GYSH has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

GYSH may terminate or suspend your right to use the GYSH Platform, at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. In the case of termination, you must cease all use of the GYSH Platform and we may affirmatively revoke your access to the GYSH Platform. In no way limiting the foregoing, the GYSH may terminate or suspend your right to use the GYSH Platform if you breach any term of these Terms of Use or any policy of GYSH posted through the GYSH Platform from time to time, or if GYSH otherwise finds that you have engaged in inappropriate and/or offensive behavior. If GYSH terminates or suspends your right to use the GYSH Platform for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, GYSH reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights. Even after your right to use the GYSH Platform is terminated or suspended, these Terms of Use will remain enforceable against you.

 

You may terminate these Terms of Use at any time by ceasing all use of the GYSH Platform.

 

You agree that we shall not be liable for any termination of your access to the GYSH Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

 

  1. Disclaimers; Limitation of Liability; Indemnity

 

YOUR USE OF THE GYSH PLATFORM AND ANY OTHER ITEMS OBTAINED THROUGH THE GYSH PLATFORM IS AT YOUR OWN RISK.

 

GYSH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GYSH PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GYSH PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE GYSH PLATFORM AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GYSH NOR ANY PERSON ASSOCIATED WITH GYSH MAKES ANY WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GYSH PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE GYSH PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GYSH PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. GYSH DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GYSH PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GYSH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO TRANSACTIONS BETWEEN DRIVERS AND CUSTOMERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

WITHOUT LIMITING THE FOREGOING, NEITHER GYSH NOR ANYONE ASSOCIATED WITH GYSH REPRESENTS OR WARRANTS THAT (A) THE GYSH PLATFORM AND ITS CONTENT OR ANY OTHER ITEMS OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (B) THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) THAT THE GYSH PLATFORM OR ANY OTHER ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

IN ADDITION, GYSH MAKES NO WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GYSH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THE DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GYSH PLATFORM, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY AND PROPERTY DAMAGE, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

GYSH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PESONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE GYSH PLATFORM, EVEN IF GYSH HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. GYSH SHALL NOT BE LAIBLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (1) YOUR USE OF OR RELIANCE ON THE GYSH PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE GYSH PLATFORM; OR (2) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND OTHER USER, EVEN IF GYSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GYSH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GYSH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVERS PROVIDING MOVING, HAULING, LOADING, AND/OR LIFTING SERVICES AS REQUESTED BY YOU MAY BE PEER-TO-PEER AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GYSH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL FEES PAID BY YOU TO GYSH DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

 

THE GYSH PLATFORM MAY BE USED BY YOU TO SCHEDULE SERVICES WITH ANOTHER USER. BUT YOU AGREE THAT GYSH HAS NO RESPONSIBILITY OR LIABILIYT TO YOU RELATED TO ANY SERVICE, TRANSPORTATION, GOODS, OR LOGISTICS SERVICES PROVIDED TO YOU BY ANOTHER USER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

YOU AGREE TO INDEMNIFY AND HOLD GYSH AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS HAMRLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR USE OF THE GYSH PLATFORM OR THE SERVICES OBTAINED THROUGH THE USE OF THE GYSH PLATFORM; (2) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (3) GYSH’S USE OF OUR USER CONTENT; OR (4) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING DRIVERS AND OTHER USERS.

 

  1. Dispute Resolution

 

Binding Arbitration. All claims, disputes, or controversies (“Disputes”) arising from use of the GYSH Platform (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and GYSH may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

Exceptions. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Harris County, Texas with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

 

Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding. You and GYSH agree that any arbitration will be limited to the Dispute between GYSH and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GYSH ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and GYSH otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.

 

Venue. Arbitration will take place in the Harris County, Texas. You and GYSH agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be instituted exclusively in the state or federal courts of Harris County, Texas, provided, however, that GYSH retains the right to bring any such suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Limitation on Time to File Claims

 

Any cause of action or claim arising out of or relating to this Agreement, the GYSH Platform, or services arranged for through the GYSH Platform must be commenced within two (2) years after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

  1. Other Provisions

 

Choice of Law. This Agreement is governed by and construed in accordance with the laws of the state of Texas, without regard to conflict of law principles.

 

Claims of Copyright Infringement. Claims of copyright infringement should be sent to GYSH’s registered agent.

 

Notice. GYSH gives notice by means of general notice on the GYSH Platform, electronic mail to your email address provided to GYSH, or by written communication sent by first class mail or pre-paid post to your address in our Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GYSH, with such notice deemed given when received by GYSH, at any time to notices@gysh.biz.

 

General. You may not assign this Agreement without GYSH’s prior written consent. GYSH may assign this Agreement, without your consent to: (1) a subsidiary or affiliate; (2) an acquirer of GYSH’s equity, business, or assets; or (3) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency exists between any User or GYSH as a result of this Agreement or use of the GYSH Platform. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GYSH’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, unless acknowledged by GYSH in writing.