END USER LICENSE AGREEMENT

This END USER LICENSE AGREEMENT (the “EULA”) applies to the smartphone mobile application (the “App”), website located at bringitnow.net (the “Site”) and other online products and services (collectively, the “Service”) provided by AllServiceUSA.com Inc. d/b/a Bring It Now (the “Owner”). Driver Professionals and Helper Professionals/Curriers (collectively, the “Delivery Professionals”) see supplemental Delivery Professionals Agreement.

• Acceptance of the Terms and Conditions. 

• BY DOWNLOADING THE APP OR OTHERWISE ACESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW.

• Binding Agreement; Description. Bring It Now (“Bring It Now,” “we,” “us” or “our”) provides and makes available its Service through marketing tools, including its payment processing capabilities, scheduling tools, the Site and its App. All uses of the Service are subject to the terms and conditions in this EULA. Please read this EULA carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.

AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

• Changes to this EULA. You understand and agree that Bring It Now may change this EULA at any time without prior notice; provided that Bring It Now will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA 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 EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Bring It Now provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section, no revisions to this EULA will apply to any dispute between you and Bring It Now that arose prior to the effective date of such revision.

• Privacy Policy. Your access to and use of the Service is subject to Bring It Now’s Privacy Policy located at bingitnow.net/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.

• Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY BRING IT NOW. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.

• The Service. 

• Description. The Service provides independent delivery professionals (the “Delivery Professionals”) with a network through which Delivery Professionals can provide delivery services (each such delivery service is a “Project”). Any person who accesses and/or uses the Service to connect with a Delivery Professional is a “Customer.” Bring It Now does not provide professional services. Bring It Now offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend, provide such services.

• Limitations. BRING IT NOW DOES NOT PROVIDE TRANSPORTATION OR PACKING SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT 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 SERVICE. BRING IT NOW 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 SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

• Mobile Services. The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, the “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 EULA.

• Registration. 

• Accounts. To use the Service, 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 Agreement for Delivery Professionals to engage Bring It Now 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 (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 EULA and (ii) agree to be bound by the EULA on behalf of such Organization.

• Creating Accounts. When you create an Account, you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches, please let us know immediately at support@bringitnow.net. You represent and warrant to us that all information that you provide in connection with your Account is accurate, truthful, current and complete. Bring It Now reserves the right to deny any account at our discretion.

• 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 Bring It Now immediately at support@bringitnow.net, and change your password at the earliest opportunity. Bring It Now will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Bring It Now of the unauthorized use or loss of your credentials.

• Rules for Customers. The terms in this Section 4 apply to Customers and not to Delivery Professionals. 

• Requesting Projects. In order to request a Project, 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 (the “Items”), contact information and the date and time of pick-up. Using the address you provide, Bring It Now will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Project for you and will provide them applicable details regarding the Project. If no Delivery Professionals are available, Bring It Now will notify you that there are no Delivery Professionals available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Delivery Professional for the applicable Project.

• Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY OF THE FOLLOWING TRANSPORTED: people, pets, livestock, drugs, guns, weapons, hazardous materials, accounts, bills, debts, evidence of debt, letters of credit, passports, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other similar valuable articles, fine art, paintings, statuary and other works of art, manuscripts, mechanical drawings, tobacco, cigars, cigarettes, non-ferrous metal in scrap and/or ingot form, furs and skins, most items over 300 lbs., pianos, hot tubs, pool tables, safes, most fragile glass items, or anything illegal. Some states including 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 PROJECT FOR ANY PROJECT 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 PROJECT, 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 BRING IT NOW WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.

• Fees. The base fee for each Project will be displayed to you on the Service, and include expenses that may be incurred by the Delivery Professional in the normal course of completing your Project, including, without limitation, any tolls (collectively, “Base Fees”). The “Service Fee” is calculated starting at the Base Fees and adding $1/minute and $1/mile, per Delivery Professional. The Project will begin when Delivery Professional arrives at the pickup location and the Project will end once Delivery Professional has safely unloaded all cargo at the drop off location and confirmed the total fee is correct through the functionality provided via the Service. Bring It Now is not responsible for any actions performed by Delivery Professional that occur after the Project is complete.

• Payment. Unless otherwise agreed, Bring It Now accepts credit and debit cards through our third-party payment processor. Base Fees are due immediately following the applicable Delivery Professional’s confirmation of completion of your Project. Once you and the Delivery Professional have verified that the Services are completed, you will have the option of paying an additional gratuity (the “Tip”) to the Delivery Professional, and your credit or debit card will be charged for the sum of the Base Fees, Service Fee, any Tip, and the fees for any additional services you any request. You agree to make all payments to the Delivery Professional through the Bring It Now Platform and will not pay any Delivery Professional in cash or means other than directly through the Bring It Now Platform. If you cancel your Project, then Bring It Now will charge you $10 per Delivery Professional. ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.

• Insurance and Liability. Bring It Now is not liable for any damage to an Item to be delivered for a particular Project. You will have the option at the time a Project is requested to obtain your own insurance for your Project at an additional cost. 

• Undeliverable Items. Delivery Professionals will make commercially reasonable efforts to deliver Items for Customer. If Delivery Professional is unable to safely deliver Items to Customer’s selected destination then Delivery Professional will attempt to return items to the Customer’s chosen pickup location at the Customer’s expense. If Delivery Professional is unable to return item to the pickup location and Delivery Professional is forced to hold onto Customer’s Item then the Customer will be charged a storage fee of $100 per calendar day until the item is able to be delivered to Customer.

• Payment Processor 

• Users make their contracts directly with other users, not with Bring It Now. Fees (including Base Fees) for using the Service will be processed via Bring It Now’s third-party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions.

• Bring It Now 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 Bring It Now’s income).

• Bring It Now will authorize and place a hold on customer’s credit or debit card at the time the order is received by Bring It Now. The authorized amount will be an amount equal to 100% of the appliable Estimated Fee.

• Intellectual Property Rights 

• License. The Service is licensed, not sold, to you for use only under the terms of this EULA. Bring It Now reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Bring It Now hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service.

• Content. Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Bring It Now or Bring It Now’s third party licensors (the “Bring It Now Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Bring It Now solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.

• Marks. The Bring It Now trademarks, service marks, and logos (the “Bring It Now Trademarks”) used and displayed on the Service are Bring It Now’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Bring It Now Trademarks, the “Trademarks”). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Bring It Now’s prior express written consent for each individual use. You may not use the Trademarks to disparage Bring It Now or the applicable third-party, Bring It Now’s 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 Service without Bring It Now’s prior express written consent. All goodwill generated from the use of any Bring It Now Trademark will inure solely to Bring It Now’s benefit.

• Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Bring It Now Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Bring It Now Content in any way for any public purpose. The use or posting of any of the Bring It Now 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 EULA, then your right to access and/or use the Bring It Now Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Bring It Now

• User Content. 

• Definition. The “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.

• Screening User Content. Bring It Now offers users the ability to submit User Content to the Service. Bring It Now does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Bring It Now has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or inappropriate. Bring It Now does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Bring It Now be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.

• 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.

• Licenses to User Content. You hereby grant Bring It Now an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (the “Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this EULA. You further grant Bring It Now a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Bring It Now any User Content that you consider to be confidential or proprietary.

• You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.

• Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

• No Liability. For the avoidance of doubt, Bring It Now will not be liable for any unauthorized use of User Content by any other user or third party.

• Restrictions on Use of the Service. 

• In using the Service, you agree not to:

• Post or otherwise make available:

• Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);

• Content that is libelous, defamatory, abusive, offensive or hateful;

• Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;

• Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;

• Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;

• Viruses, corrupted data or other harmful, disruptive or destructive files or code;

• Content that, in Bring It Now’s judgment, is objectionable, may restrict or inhibit another from enjoying the Bring It Now Platform or may expose Bring It Now or users of the Bring It Now Platform to harm or liability of any type; and/or

• Content that you are contractually or legally required to keep confidential.

• 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;

• Post spam or commercial messages though the Bring It Now Platform;

• Collect any personal information about other users;

• Create an Account or submit a Request if you are not over 13 years if age;

• 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 Bring It Now;

• Access, tamper with, or use non-public areas of the Service, Bring It Now’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Bring It Now’s providers;

• Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Bring It Now employees;

• Provide any false personal information to Bring It Now;

• 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 Bring It Now 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 EULA; 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 (the “External Sites”). 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. Bring It Now 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 Bring It Now 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 (collectively, the “Feedback”), 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 Bring It Now, you agree that: 

• Bring It Now 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 Bring It Now 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 Bring It Now 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. 

• Generally. In the interest of resolving disputes between you and the Bring It Now in the most expedient and cost-effective manner, you and the Bring It Now agree that any dispute arising out of or in any way related to this EULA 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 EULA 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 EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND BRING IT NOW 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 EULA 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 Bring It Now 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 EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Bring It Now. 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 (the “Notice”). Bring It Now’s address for Notice is: support@bringitnow.net. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “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 Bring It Now may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bring It Now must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

• Fees. If you commence arbitration in accordance with this EULA, Bring It Now will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 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 Suffolk County, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance based telephone hearing. 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 Bring It Now 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 BRING IT NOW 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 Bring It Now 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 Bring It Now makes any future change to this arbitration provision, other than a change to Bring It Now’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Bring It Now’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 Bring It Now.

• 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 EULA or your use of the Service.

• Choice of Law; Venue. This EULA will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under this EULA, you and Bring It Now agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Suffolk County, New York.

• Disputes between you and a Delivery Professional. The Bring It Now Platform is merely a neutral means of connecting you with Delivery Professionals. We do not represent or warrant that any Delivery Professional will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Delivery Professional. Bring It Now is not responsible for the replacement or repair of any of your personal property that may be damaged by a Delivery Professional while performing the Services. Please report any suspected illegal or unethical behavior by a Delivery Professional during the performance of any Services to: support@bringitnow.net.

• Reporting and Removal. 

• Content Violation. Bring It Now users may report content to Bring It Now that they think violates this EULA, and Bring It Now may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce this EULA against such user. Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Bring It Now has adopted a policy of terminating, in appropriate circumstances and at Bring It Now’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Bring It Now may also at its sole discretion limit access to the Bring It Now Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

• If you believe that anything on the Bring It Now Platform infringes upon any copyright that you own or control, you may file a notification with Bring It Now’s Designated Agent as set forth below: support@bringitnow.net

• Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by Bring It Now or the alleged infringer as the result of Bring It Now relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

• Limitation of Liability and Disclaimer of Warranties. 

• TO THE FULLEST EXTENT PERMITTED BY LAW, BRING IT NOW, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “BRING IT NOW 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 BRING IT NOW 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 BRING IT NOW 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 BRING IT NOW 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 BRING IT NOW 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 BRING IT NOW 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 BRING IT NOW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRING IT NOW’S LIABILITY, AND THE LIABILITY OF ANY OTHER BRING IT NOW PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

• Bring It Now 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. Bring It Now 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. Bring It Now does not have control over, and has no responsibility for, any damage to Items. NEITHER BRING IT NOW NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND BRING IT NOW 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 BRING IT NOW 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. BRING IT NOW RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE BRING IT NOW 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. BRING IT NOW DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY PROFESSIONALS. 

• Third Party Disputes. BRING IT NOW 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 BRING IT NOW 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 Bring It Now 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 EULA, or your access to, use or misuse of the Bring It Now Content or Service. Bring It Now will notify you of any such claim, suit, or proceeding. Bring It Now 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 Bring It Now’s defense of such matter.

 Termination of the EULA. Bring It Now 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. Bring It Now reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Sections 1, 4, and 6 – 20 survive the termination of this EULA indefinitely.

• 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 Bring It Now as a result of this EULA 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 Bring It Now other than pursuant to this EULA. If any provision of this EULA 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 EULA, which will remain in full force and effect. Bring It Now’s failure to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Bring It Now 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 Bring It Now and you, this EULA constitutes the entire agreement between you and Bring It Now 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 EULA will inure to the benefit of our successors and assigns. You may not assign this EULA 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 Bring It Now. 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. Bring It Now may assign this EULA, 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: support@bringitnow.net.

• Damage Protection. Please note the Damage Protection under Cargo and Liability policies only applies to the goods being transported. It does not protect damage to the environment surrounding (e.g. floors, walls, ceiling, etc.)

NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Bring It Now 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 EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. 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 Bring It Now provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.

 DELIVERY PROFESSIONAL ENGAGEMENT AGREEMENT This Delivery Professionals Engagement Agreement (the “Agreement”) constitutes a binding contract between you (“Delivery Professional”, “you”, or “your”) and AllServiceUSA.com Inc. d/b/a Bring It Now (“Bring It Now”, “us”, or “we”) governing your use of the Service for marketing, sales, and other services for delivery. Delivery Professional hereby agrees: (a) to engage Bring It Now to provide the Bring It Now Services; (b) to comply with this Agreement; and (c) that Delivery Professional has read, understands, and agreed to (i) the Bring It Now End User License Agreement and Terms of Service located at bringitnow.net/terms-and-conditions (the “EULA”), and (ii) the Bring It Now Privacy Policy located at bringitnow.net/privacy-policy (the “Privacy Policy”), each of which are incorporated into this Agreement by reference. To the extent there is a conflict between this Agreement and the Privacy Policy or EULA, this Agreement will govern with respect to such conflict. Capitalized terms used but not defined in this Agreement have the meaning specified in the EULA. The parties hereby agree as follows: 1. How Bring It Now Works. Bring It Now offers a technology platform available at Bring It Now’s website located at bringitnow.net and on Bring It Now’s mobile application (collectively, the “Bring It Now Platform”) through which Customers may submit a request for assistance (each, a “Project”) with delivery, loading, unloading, moving, hauling, or lifting the Customer’s property. Through the Bring It Now Platform, you may filter the kinds of Projects for which you will receive notification. Once a Customer’s Project is submitted through the Bring It Now Platform, the Project is sent to Delivery Professionals who are able to complete the specific Project (e.g. job type, job location, etc.) and who have indicated they would like to see Projects of its kind through their notification settings. Bring It Now reserves the right to filter distribution of the Projects however it sees fit to best serve the Customer. Upon receiving a Project, you will be able to open the Project and review the specific services requested, the time and place to perform the Project, and the fee you will be paid for completing the Project. You may, in your sole discretion, accept to perform the Project by directly submitting your acceptance using the Bring It Now Platform. If more than one Delivery Professional has accepted the request, the Bring It Now Platform will select one of those Delivery Professionals to perform the Project. Bring It Now reserves the right to implement certain criteria around the selection (for example, to those who have a certain Customer rating score, have completed a certain number of Projects, etc.). You will be notified if you are matched to the Project, and you may then communicate with the Customer through the Bring It Now Platform to confirm and coordinate logistics of the Project. If no other Delivery Professional has accepted the Project, then the first Delivery Professional to thereafter accept the Project will automatically be matched to the Project and notified. You understand that Bring It Now does not verify any Project and does not have control over the environment or location that may be involved with any Project, and you accept any Project at your own risk. 2. Personal Information and Vehicle Information. Bring It Now may require you to submit certain information before you are approved to perform any Projects on the Bring It Now Platform and  2 may require resubmissions of that information at a frequency of their choosing in order for you to maintain approved access as a Delivery Professional. That information may include a personal background check, an inspection of the vehicle you will use to perform the Project (if applicable) and proof of insurance for that vehicle, and any other information that Bring It Now deems necessary. You represent and warrant that the information you provide to Bring It Now for any background check, vehicle inspection or that is otherwise requested is complete and accurate. See bringitnow.net/driver-pro-faqs for up to date acceptable vehicle type information. 3. Bring It Now Services. Bring It Now will make commercially reasonable efforts to provide the following services to you (the “Bring It Now Services”): a. Site Listing. Bring It Now may list your services via the Service, which may include your biography and other information provided by you and approved by Bring It Now. Bring It Now will share your name and phone number with Customers. b. Engagement Service. Bring It Now will provide a web and mobile based engagement system via the Service, through which Customers that use the Service can engage you to perform a Project. You may accept, reject, or ignore any available Project within the days, times, and locations for which you have indicated you have availability to complete Projects (your “Availability”) at your sole discretion. c. Recordkeeping Service. For payment processing and administrative purposes, Bring It Now will maintain general records of Projects performed by you for Customers. d. Administrative, Management, and Technology Services. Bring It Now will provide miscellaneous administrative and management services to facilitate your business, including the technology and operations necessary to communicate with you and your Customers. e. Billing Service. Bring It Now will bill your Customers directly through an online billing and payment system . Bring It Now uses a third-party payment software. All payments will be made through this third-party software. f. Customer Service. Bring It Now will provide operators to field your Customers’ complaints, communicate with you, and refund requests as appropriate. 4. Exclusions from the Service. The Service only relates to the Bring It Now Services described above. The Service does not include anything related to picking-up or delivering objects. You are solely responsible for all of your own tools, equipment, training, licensing, and other materials or requirements related to pick-up or delivery in connection with Projects. Bring It Now is not, and will not be, responsible for any liability arising out of the pick-up or delivery services you provide, including, but not limited to, injuries to Customers or traffic accidents occurring during a Project. Bring It Now will also not have any input into your work schedule, time off, or other control over your performance of your work. 5. Your Responsibilities. You will supply Bring It Now with a copy of your current driver’s license, other applicable licenses, and any relevant professional certifications. If you elect to use a  3 Car (as defined below) to perform Projects, we may also ask you to provide additional information. You may be required to provide other information we need in order to verify your identity or capacity as an independent delivery professional with your own business. You represent that all information you provide is accurate and complies with relevant law, and, during the term of this Agreement, will immediately notify Bring It Now of any change in contact, certification, licensing, or insurance information. You assume complete responsibility for all services provided to each Customer and for compliance with all laws, regulations, hours of service, and standards pertaining to your services. You represent that you are (a) free to enter into this Agreement and perform each of its terms, (b) not restricted (contractually or otherwise) from entering into and performing this Agreement, and (c) not subject to, and will immediately notify Bring It Now of, any suit, action, claim, arbitration, or legal, administrative, or other proceeding, or government or professional investigation, pending or threatened or affecting your ability to perform services under this Agreement. You agree to comply with all applicable laws, rules and regulations regarding insurance, licensing, bonding and any other necessary condition required to perform the Projects. If using a vehicle to service a Project, you also agree to (a) only use the vehicle that has been approved by Bring It Now; (b) maintain lawful possession of that vehicle; (c) drive safely and obey all traffic laws; and (d) maintain all vehicle insurance coverage required by the State(s) in which you perform the Project. 6. Projects; Payment a. Projects. If a Project becomes available in your Availability, you may be notified of the opportunity via the Service. If you accept a Project, and your acceptance is confirmed by Bring It Now, you will notify Bring It Now, through the functionality provided via the Service, when you arrive at the Project, when you start the Project and when the Project is completed to enable Bring It Now to perform the Bring It Now Services, including payment processing. The Project will begin when Delivery Professional arrives at the pickup location and the Project will end once Delivery Professional has finished unloading all cargo at the drop off location and confirmed the Bring It Now Fee is correct through the functionality provided via the Service. Bring It Now is not responsible for any actions performed by Delivery Professional that occur after the Project is complete. All Delivery Professionals within the applicable zone of service may get the opportunity to accept the Project. The first Delivery Professional to respond with acceptance of the available Project and to have that response confirmed by Bring It Now will be confirmed as the provider of that Project. b. Preforming the Project. You will use your best judgment to determine how to perform the Project and will perform the Project on the schedule provided to you by the applicable Customer, and you recognize that your delay in performing the Project might affect feedback and ratings from Customers, and could affect the fees paid, if the Customer demands concessions for your lateness. You will immediately notify Bring It Now, by text, email, in app messaging, or telephone call, of any factor, occurrence or event that may affect your ability to perform the Project. You will cooperate with Bring It Now employees and employees of third parties to the extent reasonably necessary to complete the Project. 4 c. Creating an Account. You must create an account to access the Bring It Now Platform. You must maintain the security of your password and accept all risk that someone may access its account without your permission. If you discover or suspect any security breaches of the Bring It Now Platform, you will inform Bring It Now as soon as possible. You represent and warrant to Bring It Now that all information you provide in connection with your account is accurate, truthful, current and complete at all times. You agree and understand that you maintain all responsibility and liability for any messages, communications, and other content shared from and through your account. d. Driver Professionals and Helper Professionals. The Bring It Now Platform allows for Delivery Professionals to register as either a Driver Professional or a Helper Professional/Currier. Driver Professionals are those Delivery Professionals that own Cars used for the Projects. Helper Professionals are Delivery Professionals who are assigned to Projects that require two (2) or more people. Helper Professionals are required to provide his or her own transportation to and from the Project’s pick up and drop off locations, however, his or her Car is not used in the process of the delivery or Project. A Helper Professional may also act as a Currier on a one (1) person job in delivering smaller objects, such as letters. e. Payment. The Projects that you will be notified of via the Service are those for Customers who have agreed to accept the fees calculated by the Service based on the specific Project details submitted by the applicable Customer (the “Base Fee” plus the estimated “Service Fee”). You are entitled to negotiate additional fees or gratuities with Customers through the Platform. You are responsible for any expenses incurred in the normal course of completing your Project, including, without limitation, any tolls. On a weekly basis, Bring It Now will transfer to you, through the payment account you specify via the Service, eighty percent (80%) of the Base Fees and Service Fees for all eligible Projects completed during the prior week, less the charge for your use of the Service, , if any, established by Bring It Now at their sole discretion, which will be set forth on the Service (the “Bring It Now Fee”). In the event of a two (2) person job, the eighty percent (80%) will be split between the Driver Professional who will receive sixty percent (60%) and the Helper Professional/Currier who will receive forty percent (40%). When acting as a Currier on a one (1) person job, the Helper Professional will retain the full eighty percent (80%) payment. f. Expenses. Except as otherwise specifically provided herein, you and Bring It Now will each bear your own expenses relating to this Agreement and performance under this Agreement. g. Equipment. You will procure and bring the materials, equipment and tools that you determine are needed to complete the Project. You are solely responsible for any expenses you incur while performing the Project, such as for fuel, supplies, dollies, blankets, Internet connection, technology devices, mobile telephones, parking, and meals. You may elect to buy from Bring It Now certain equipment, including without limitation uniforms or other Bring It Now-branded apparel (if available), but nothing in this Agreement will prohibit  5 you from using equipment, vehicles, or apparel that display your logo or insignia unless the Customer or a third-party business involved in the Project requires it, which will be noted in the details of the Project. h. Claims. If a claim is filed against you with Bring It Now’s insurance provider or Bring It Now is otherwise required to pay for damages caused by you, in Bring It Now’s sole discretion, Bring It Now may charge you any or all of the deductible or other out-of-pocket expenses Bring It Now is required to pay as a result of that claim. i. Cancellations. If a Delivery Professional accepts a project and cancels or does not show up to complete the Project as scheduled two times, Bring It Now may at its discretion impose penalties and fines that include: (a) temporary suspension of your Bring It Now account; (b) monetary fines not to exceed $20 per cancellation and $50 per no show occurrence; (c) permanent deactivation of your Bring It Now account. Monetary fines will be due the same day of the cancellation. Bring It Now is authorized to collect these fines by charging the credit card on file or deducting from future payments for Services provided to Bring It Now customers. j. Nonpayment/Disputes. If a customer disputes the Project being complete, disputes the cost of service as reported by you or any other fees that a Delivery Professional has submitted to Bring It Now, the payment to you may be withheld pending the outcome of an investigation by Bring It Now to determine if the fees are appropriate. If the customer refuses to pay fees over and above the estimated amount, Bring It Now will investigate to determine if the fees submitted by the Delivery Professional are accurate. If Bring It Now determines that the fees are accurate Bring It Now will attempt to collect any fees owed by the customer. In cases where the full fees cannot be collected, Bring It Now will pay you at least a percentage, as determined solely in Bring It Now’s discretion, of the estimated Project Cost which is authorized by the third-party payment service minus fees payable to Bring It Now, if any. In cases where full fees cannot be collected and there are two Delivery Professionals on the Project. Bring It Now will pay out to Delivery Professionals at least a percentage, as determined solely in Bring It Now’s discretion, of the estimated Project Cost which is authorized by the third-party payment service minus any fees payable to Bring It Now, if any, divided sixty percent (60%) to the Driver Professional and forty percent (40%) to the Helper Professional. 7. Representations and Warranties; Indemnity. You represent, warrant, and covenant to Bring It Now that: (a) you are at least 18 years of age; (b) you possess a valid driver’s license and are authorized to operate a motor vehicle; (c) you own, or have the legal right to operate, the motor vehicle(s) or bicycle(s) you intend to use or do actually use for Projects (each, a “Car”), and maintain all legally mandated registrations and insurances for such vehicle; (d) in the event of any claim or accident, you will be solely responsible for reporting that accident in compliance with applicable law and your insurance policy; (e) you are solely responsible for any and all liability that results from or is alleged as a result of the operation of the Car you use during a Project, including, but not limited to personal injuries, death, and property damage; (f) if you lift or otherwise move any Item, you do so at your own risk and Bring It Now has no liability for any  6 claim, loss, or damage related thereto; (g) you will not make any representations regarding Bring It Now or the Service; (h) you will not, under any circumstances transport any items that would violate local or federal laws (i) you 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 in violation of any applicable law, rule or regulation. You will indemnify Bring It Now from and against any damages resulting from your performance of Projects, including any personal injury, property damage, or death. 8. Your Business. You affirm, under penalty of perjury, that you operate a licensed pick-up and delivery business and had clients for whom you performed pick-up and delivery prior to entering into this Agreement. 9. Confidential Information. You must keep Bring It Now’s confidential information absolutely confidential, except as required or provided by law, including but not limited to information about other users of the Service, Items, photos relating to the Service or Customers, and Bring It Now’s business model. This section does not apply to information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by Bring It Now; (b) becomes publicly known and made generally available after disclosure by Bring It Now to you through no action or inaction on your part, (c) is already in your possession at the time of disclosure, as shown by your files and records; or (d) is obtained by you from a third party without a breach of the third party’s obligations of confidentiality. 10. Nature of Relationship. Neither this Agreement, Bring It Now’s provision of the Services and performance of the Bring It Now Services, nor your performance of Projects will create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between you and Bring It Now. You will be solely responsible for all tax withholding or payment in connection with the fees paid to you by Bring It Now. 11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BRING IT NOW’S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE BRING IT NOW FEES RETAINED UNDER THIS AGREEMENT. 12. Term. The term of this Agreement will commence on the Effective Date and continue until you or Bring It Now provide the other party written notice of the desire to terminate the Agreement. Either party may terminate this Agreement, without cause, by providing the other party 30 days of written notice. In addition, either party may terminate this Agreement, for cause, if the other party breaches this Agreement and does not remedy such failure within 15 days after receipt of written notice of such breach. 13. Termination. Either party may terminate this Agreement by giving the other party notice as in Section 12. Notwithstanding the foregoing, Sections 7– 16 and any liabilities or payment obligations that have accrued prior to termination will survive termination. a. For any of the actions below, Bring It Now shall have cause for immediate Termination and restriction from the Platform. These causes for immediate Termination and restriction include, but are not limited to: 7 1. Being late to a project, not showing up to a project you accepted, damaging an item, insulting/disrespecting a customer; 2. An average customer feedback score of less than 4.0 out of 5.0; 3. Manipulating the price in any way that would cause a customer to pay more than they should have paid; 4. Failure to report any accident or customer complaint; 5. More than two charge backs from customers (this is when a customer calls their credit card company to dispute charges on their card); 6. Violating any terms of the EULA or this Agreement; 7. Any illegal activities; 8. Three cancellations within a 30-day time period; 9. Allowing any customers to ride in your vehicle; 10. Harassment of any kind; and 11. Distracted driving. Distracted driving is not permissible on the Bring It Now platform. Drivers are not to be accompanied by any other persons while operating the vehicle. All drivers must utilize a hands-free device or Bluetooth technology when using a mobile phone while driving or pull off the road to a safe area if they do not have a hands-free device or Bluetooth technology. 14. Changes. Except for changes in the calculation of Base Fees, Service Fees, and Bring It Now Fees (which Bring It Now may, in its sole discretion, amend from time to time), changes to this Agreement will be binding upon a party who confirms that change in writing, including via electronic mail, if that writing specifically refers to this Agreement. 15. Dispute Resolution. All disputes under this Agreement must be resolved in accordance with the dispute resolution provisions set forth in the EULA. 16. Miscellaneous a. Indemnification. You will indemnify and hold the Bring It Now Parties harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses (including reasonable legal fees) arising out of or resulting from (i) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from your acts or omissions, (ii) your breach of any representation or warranty in this Agreement, (iii) any negligent, reckless or intentionally wrongful act by you or your assistants, employees, contractors or agents, (iv) a determination by a court or agency that the you are an employee of Bring It Now or a Customer, or (v) any claim by a Customer arising from or related to your or your assistants, employees, contractors or agents services for such Customer. 8 b. Entire Agreement. This Agreement, together with the Privacy Policy and the EULA, which are expressly incorporated by reference herein, are the entire and exclusive understanding and agreement between you and Bring It Now regarding the Service, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Bring It Now with respect to your use of the Service. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in this Agreement, Privacy Policy, or EULA. c. Amendment; Waiver. Except as expressly provided in this Agreement, this Agreement may be amended only by a written agreement signed by both parties. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the provision’s benefit. Bring It Now’s failure or delay in the exercise of any power or right under this Agreement will operate as a waiver thereof. No single or partial exercise of any right or power under this Agreement will operate as a waiver of any right or power. Bring It Now’s waiver of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach of this Agreement. d. Severability. Except as expressly provided in this Agreement, if any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be severable from the remainder of this Agreement and will not affect the validity and enforceability of any remaining provisions. e. Assignment. You may not assign this Agreement 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 Bring It Now’s prior written consent. Bring It Now may assign this Agreement without your prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns. Any assignment in violation of this section is void. f. No Agency. No joint venture, partnership, employment, or agency relationship exists between you and Bring It Now as a result of this Agreement or use of the Service. g. Headings. Headings are for convenience only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any provision of this Agreement. h. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Published: INSERT DATE ((Check with App Developer)) This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software. 1. Definitions 9 The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law. A “contribution” is the original software, or any additions or changes to the software. A “contributor” is any person that distributes its contribution under this license. “Licensed patents” are a contributor’s patent claims that read directly on its contribution. 2. Grant of Rights 3. Copyright Grant—Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royaltyfree copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create. 4. Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royaltyfree license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software. 5. Conditions and Limitations 6. No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks. 7. If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically. 8. If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software. 9. If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license. 10. The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.