Effective Date: 11/10/2019.
Last Updated Date: 12/27/2019.
Agreement for Customers
Acceptance of the Terms and Conditions.
Binding Agreement; We provides and makes available its marketing tools, including its payment processing capabilities, scheduling tools, website located at www.boralogist.com and its Boralogist mobile application “App”. All uses of the Service are subject to the terms and conditions in this Terms of Service. Please read this Terms of Service carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service. If you do not accept this terms and conditions, you may not access, browse or use the Service.
You understand and agree that Boralogist may change this Terms f Condition at any time without prior notice; provided that Boralogist will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this Terms of Condition at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this Terms of Condition is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Terms of condition will govern any updates Boralogist provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Terms of condition, in which case the terms of that license or revised Terms of condition will govern. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this Terms of condition will apply to any dispute between you and Boralogist that arose prior to the effective date of such revision.
Eligibility. Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers. By using the Service, you affirm that you are at least 18 years of age.
The Service.
Description. The Service provides independent DRIVERS with a network through which Delivery Service can provide Delivery Service (each such Delivery service is a “Trip”). Any person who accesses and/or uses the Service to connect with a Driver is a “Customer.” BORALOGIST does not provide professional services. BORALOGIST offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend, provide such services.
Limitations. BORALOGIST DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DRIVERS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. BORALOGIST OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICE PROVIDED TO YOU THROUGH THE SERVICE.
Mobile Services. The App may offer the Service 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 Terms of Condition.
Registration.
Accounts. To use the Service, you must create an account. The information required to create an Account may vary depending on if you create an Account as a driver or a Customer. If you create an Account as a Driver, you will also be required to agree to the Agreement for Delivery Professionals to Engage BORALOGIST 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 will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or 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 Terms of Condition and (ii) agree to be bound by the Terms of Condition on behalf of such Organization.
Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify BORLOGIST immediately at hello@boralogist.com, and change your password at the earliest opportunity. BORALOGIST will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BORALOGIST of the unauthorized use or loss of your credentials.
Rules for Customers.
Requesting Projects. You will have to specify certain information about the Project, which may include: the pick-up point, the destination, the items you are requesting to be lifted or moved, contact information and the date and time of pick-up. Using the address you provide, BORALOGIST will use commercially reasonable efforts to connect you with a Driver to perform the trip for you and will provide them applicable details regarding the trip. If no Driver are available, BORALOGIST will notify you that there are no Drivers available to do this trip, at which point we will have no further obligation to attempt to connect you to a Driver for the applicable Project.
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 DRIVER HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE TRIP FOR ANY TRIP TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DRIVER, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE TRIP, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND GOSHARE WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.
Fees. The base fee for each Trip will be displayed to you on the Service, and include expenses that may be incurred by the Driver in the normal course of completing your Trip, including, without limitation, any tolls. The Trip will begin when the Driver begins loading cargo and the trip will end once the Driver has safely unloaded all cargo and confirmed the Base Fee is correct through the functionality provided via the Service. BORALOGIST is not responsible for any actions performed by the Driver that occur after the trip is complete.
Payment. Unless otherwise agreed, BORALOGIST accepts credit cards through our third party payment processor. Base Fees are due immediately following the applicable Driver’s confirmation of completion of your trip. If you cancel your Project, then BORALOGIST will charge you $10 per Driver. ALL BASE 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 trip will be the lower of the declared value of the Items that you specified when requesting the trip or $1,000 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable trip.
Payment Processor.
Users make their contracts directly with other users, not with BORALOGIST. Fees (including Base Fees) for using the Service will be processed via BORALOGIST’s third party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions.
BORALOGIST 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 Service or on any related payment received (other than taxes on BORALOGIST’s income).
BORALOGIST will authorize and place a hold on customer’s credit card at the time the order is received by BORALOGIST. 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. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
Restrictions on Use of the Service.
In using the Service, you agree not to: take any action that imposes an unreasonable load on the Service’s infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to BORALOIST; access, tamper with, or use non-public areas of the Service, BOALOGIST’s (and its hosting company’s) computer systems and infrastructure, or the technical DELIVERY SYSTEM of BORALOGIST’s providers; harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including BORALOGIST employees; provide any false personal information to BORALOGIST; create a false identity or impersonate another person or entity in any way; restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service; gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; 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 Service or communications equipment and computers connected to the Service; interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; do anything that causes BORALOGIST 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 TERMS OF CONDITION; or assist or permit any persons in engaging in any of the activities described above.
External Sites. The Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. BORALOGIST is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.
Feedback. We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending BORALOGIST or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials, then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to BORALOGIST, you agree that:
BORALOGIST has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and BORALOGIST has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and You irrevocably grant BORALOGIST perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Dispute Resolution. the interest of resolving disputes between you and the BORALOGIST in the most expedient and cost effective manner, you and the BORALOGIST agree that any dispute arising out of or in any way related to this TERMS OF CONDITION or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this TERMS OF CONDITION or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this TERMS OF CONDITION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND BORALOGIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this TERMS OF CONDITION will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and the BORALOGIST will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this TERMS OF CONDITION, and will be administered by the AAA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). BORALOGIST address for Notice is: hello@boralogist.com ,The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or boralogist may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BORALOGIST must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, BORALOGIST will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by BORALOGIST in settlement of the dispute prior to the arbitrator’s award; or (C) $10,000.
Fees. If you commence arbitration in accordance with this TERMOF SERVICE, BORALOGIST will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BORALOGIST for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND BORALOGIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BORALOGIST agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If BORALOGIST makes any future change to this arbitration provision, other than a change to BORALOGIST’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BORALOGIST’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and BORALOGIST.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this TERMS OF SERVICE or your use of the Service.
Choice of Law; Venue. This TERMS OF SERVICE will be governed and construed in accordance with the laws of the State of GEORGIA, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under this TERMS OF SERVICE, you and BORALOGIST agree to submit to the personal and exclusive jurisdiction and venue of the courts located in GWINETT County, GEORGIA.
Limitation of Liability and Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, BORALOGIST, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “BORALOGIST PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE GOSHARE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BORALOGIST PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BORALOGIST PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE 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 BORALOGIST 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY BORALOGIST PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BORALOGIST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BORALOGIST’S LIABILITY, AND THE LIABILITY OF ANY OTHER BORALOGIST PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
BORALOGIST is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. BORALOGIST 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. BORALOGIST does not have control over, and has no responsibility for, any damage to Items. NEITHER GOSHARE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND BORALOGIST AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU THEREBY RELEASE BORALOGIST AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.
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 SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. BORALOGIST RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE BORALOGIST 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 SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, 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 SERVICE 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 SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. BORALOGIST DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY DRIVERS.
Third Party Disputes. BORALOGIST IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE BORALOGIST 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 BORALOGIST 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 TERMS OF SERVICE, or your access to, use or misuse of the BORALOGIST Content or Service. BORALOGIST will notify you of any such claim, suit, or proceeding. BORALOGIST 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 BORALOGIST’s defense of such matter.
Termination of the TERMS OF SERVICE. BORALOGIST reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability. BORALOGIST reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BORALOGIST as a result of this TERMS OF SERVICE or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and BORALOGIST other than pursuant to this TERMS OF SERVICE. If any provision of this TERMS OF SERVICE 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 TERMS OF SERVICE, which will remain in full force and effect. BORALOGIST’s failure to act on or enforce any provision of this TERMS OF SERVICE will not be construed as a waiver of that provision or any other provision in this TERMS OF SERVICE. No waiver will be effective against BORALOGIST 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 BORALOGIST and you, this TERMS OF SERVICE constitutes the entire agreement between you and BORALOGIST 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 TERMS OF SERVICE will inure to the benefit of our successors and assigns. You may not assign this TERMS OF SERVICE 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 BORALOGIST. 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 BORALOGIST may assign this TERMS OF SERVICE, including all its rights hereunder, without restriction.
Contact Us. If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: hello@boralogist.com
Promotions. BORALOGIST may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals. These rewards will come in the form of BORALOGIST Credits that can be used to purchase Services on the BORALOGIST platform only. BORALOGIST Credits can be redeemed using the BORALOGIST Apps or Website. The maximum BORALOGIST Credits that can be redeemed per Project is $30.00. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a trip. Credits can not be retroactively added to a trip that has already been scheduled. Credits earned using illegal or fraudulent methods will be null and void. BORALOGIST Credits have a cash value of 1/100 of one cent. BORALOGIST reserves the right to.
