Terms and Conditions

EasyGig Platform Terms of Use

Last Updated: October 20th, 2025

These Terms of Use (“Terms”) form a binding agreement between you and EasyGig Holdings, Inc. (“EasyGig,” “we,” “us,” or “our”) and govern your use of, and your conduct while using, EasyGig’s mobile applications, websites, tools and technology, as well as all related services, including without limitation, our junk removal marketplace application and platform (collectively, the “Platform”). These Terms are applicable to you and govern your access to and use of the Platform, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Platform. The Terms contained herein apply to all users of the Platform.

Read these Terms carefully before you begin using the Platform. BY CLICKING “I AGREE” OR BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE PLATFORM, YOU ACCEPT, ACKNOWLEDGE, AND AGREE TO THESE TERMS.

SECTION 16 OF THESE TERMS CONTAINS TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND EASYGIG CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST EASYGIG TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A HAULER (AS DEFINED BELOW) OR HAULER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 16.

Access to the Platform is intended only for users located within the United States. EasyGig makes no representation or warranty of any kind that use of the Platform outside of the United States is lawful or permissible (or that it will be accessible to you outside the United States). Those who access the Platform from other jurisdictions are responsible for their compliance with local laws pertaining to the use of the Platform. The Platform is also not intended for use by minors. By using the Platform, you represent and warrant that you are eighteen (18) years of age or older. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM.

ACCESS TO HAULING SERVICES

EasyGig offers the Platform to assist users seeking to hire haulers of junk and other bulky items in their possession (“Possessors”) by providing access to a digital marketplace to search for, solicit, and engage hauling service providers who are registered through the Platform (“Haulers”). The Platform, including any other services provided by EasyGig in connection with the Platform, do not include, and EasyGig is not responsible for, the hauling services provided or to be provided by Haulers to Possessors (the “Hauling Services”). You acknowledge and agree that any agreement governing the Hauling Services shall be solely between Possessor and Hauler, and EasyGig shall have no responsibility or liability related thereto.

Possessors and Haulers using the Platform are collectively referred to herein as “Users”. As a User, you hereby acknowledge and agree that EasyGig may match you with Possessors or Haulers, as applicable, based on one of more factors, such as your location, the location of goods to be hauled, the scheduled time of a haul, other preferences provided by Possessors or Haulers, or any other factors that affect the operation or efficiency of the Platform. Each User is solely responsible for its decision to solicit, offer or accept Hauling Services, and EasyGig shall have no liability in connection with such decision.

In addition to these Terms, Possessors agree to abide by the Possessor Code of Conduct when using the Services, and Haulers agree to abide by the Hauler Addendum when using the Platform, which are each incorporated by reference into and form a part of these Terms. Additionally, as outlined below, your use of the Services is subject to our Privacy Policy. In the event of any conflict between these Terms, the Possessor Code of Conduct, the Hauler Addendum, and the Privacy Policy, precedence will be given in the order listed below (with the Privacy Policy having the highest precedence):

Hauler Addendum;

Possessor Code of Conduct; and

These Terms.

The Privacy Policy, Hauler Addendum, Possessor Code of Conduct and any other additional terms, conditions, policies or exhibits referenced herein supplement and form part of the Terms.

CHANGES TO TERMS AND SERVICES

We reserve the right to make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit these Terms to check for any changes, and your continued use of the Platform will constitute acceptance of, and agreement to, the revised Terms.

We also reserve the right to modify, add, and/or remove features and/or functionalities of the Platform at any time, in our sole discretion. EasyGig gives no assurance that you will receive advance notification of such activities, and any modification of the Platform will not give rise to any refund or other right or remedy in your favor.

REGISTRATION AND ACCOUNTS

To use the Platform, you must register with EasyGig and have a valid User account. As part of registration, you may be required to provide your name, telephone number(s), and e-mail, as well as and other personally identifiable information (“Personal Information”). Additionally, registering as a Hauler may require that you complete other steps, such as successfully completing a background check. Information about our background check process can be found in our Background Check Policy.

By providing any Personal Information to EasyGig, you acknowledge and agree that we may, and you specifically authorize us or our designated third-party service providers to, process your Personal Information in accordance with our Privacy Policy (the “Privacy Policy”). You agree, represent, warrant, and guarantee that all Personal Information provided by you in connection with the Services is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when providing information.

When you create a User account, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You may not allow any other person to use your User account. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). By becoming a registered User, you represent and warrant that you are at least eighteen (18) years old. You agree to provide and maintain accurate information with respect to your User account, and that other Users (including Haulers and Possessors) may rely on the information your provide in connection with their use of the Platform.

Without limiting our other rights under these Terms, we may suspend any User’s access to the Platform in the event that a User’s use of the Platform violates these Terms, threatens the security, integrity or availability of the Platform or otherwise poses a risk to EasyGig’s business. Unless immediate suspension is reasonably necessary to protect EasyGig’s business interests, we will use commercially reasonable efforts to provide the User with advance notice of any suspension and an opportunity to remedy the violation or threat prior to suspending access to the Platform.

LIMITATIONS ON USE

The Platform may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Platform. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Platform:

permit or authorize any other person or entity to use your password or other access credentials for the Platform;

transmit or submit, in any manner, any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

transmit or submit, in any manner, any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

harass or discriminate against any person or entity, or in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;

impersonate any person or entity, use a false email address, phone number, or other Personal Information, otherwise mislead or misrepresent your identify;

copy, reproduce, republish, upload, post, transmit, or distribute the Platform;

share or sell information derived from or related to the Platform;

modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Platform;

knowingly or negligently permit other individuals or entities to use or copy the Platform or “frame” or “mirror” the Platform on any other server or wireless or Internet-based device;

use any manual or automatic device, code, or other program to monitor the Platform or scrape, crawl, mine, or otherwise acquire information about the Platform;

circumvent, disable, or otherwise interfere with security-related features on the Platform or features that prevent or restrict use or copying of any content;

use the Platform to collect or store Personal Information about other users;

knowingly provide or use any false or inaccurate information or impersonate any person or entity;

in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Platform, or interfere with the access of any other user to the Platform;

attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Platform;

attack the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with or disrupt the proper working of the Platform;

transmit or upload any material to the Platform that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used in connection with the Platform;

use the Platform in any way that competes with us, including without limitation, Haulers soliciting Possessors outside the Platform using information obtained on or through the Platform; or

encourage, collaborate with, instruct any other person or entity to do any of the foregoing.

Possessors are prohibited from using the Hauling Services to dispose of certain prohibited items (“Prohibited Items”). A complete list of Prohibited Items, which we may update from time to time in our sole discretion. Haulers are prohibited from hauling any Prohibited Items that they identify upon arriving to perform Hauling Services, and in such instances, the Possessor may be charged a cancellation fee or other charge. For more information, see our Cancellation Policy.

FEES AND PAYMENTS

If you are a Hauler, you will receive payment for your provision of Hauling Services and reimbursement for fees charged by authorized disposal sites (the “Disposal Fees”) in accordance with the Hauler Addendum.

If you are a Possessor, you agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Platform and/or through your account (the “Fees”), regardless of your awareness or approval of such Fees. Fees include, without limitation, the charges and other amounts set forth below, and you agree to pay such amounts.

Hauling Service Fees. Fees include any amounts due for Hauling Services and any surcharges and taxes applicable thereto, and any tips that you elect to pay in connection therewith. If there are additional disposal charges required for the items you have requested to have removed, you also agree to be responsible for those amounts. If all of the items that you wish to have hauled away cannot fit in the Hauler’s vehicle, then you may be charged additional fees if the Hauler has to make more than one trip to haul away your items.

Platform Fees. EasyGig reserves the right to charge a service fee for your use of the Platform to solicit and engage Haulers to provide Hauling Services.

Cancellation Fees. The Platform may allow you to cancel Hauling Services, but any cancellation may be subject to a cancellation fee. If the items you have requested to have removed are not accessible to the Hauler at the scheduled time for the Hauling Services, or if the items are not as described (including, without limitation, if they fall within the Prohibited Items outlined above), you may also be charged a cancellation or rescheduling fee. For more information, see our Cancellation Policy.

Taxes and Legal Charges. You are responsible for any taxes applicable to your use of the Platform, as well as any local, state, federal, or other fees or charges that may apply to the Hauling Services you have requested.

Payments of Fees will be facilitated through the Platform using EasyGig’s designated third-party payment processor, which EasyGig may change (without notice to you) in its sole discretion. Cash payments (including tips to Haulers) are not permitted, and Haulers agree that they shall not impose additional fees or charges in connection with Hauling Services other than those listed in the Platform.

Possessors must provide a valid method of payment in order to request Hauling Services. If your designated payment method expires, you are responsible for providing an updated valid payment method, and you agree that EasyGig may charge any other available payment method on file for your account. By providing any method of payment, whether on registration or otherwise, you authorize EasyGig to (i) charge the Fees to such method and (ii) seek authorization of your selected payment method to ensure that the Fees will be paid. You agree that you are solely responsible for any overdraft or other charges imposed by your bank or financial institution in connection with any charge or authorization hereunder.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-REFUNDABLE.

COMMUNICATIONS

As part of using the Platform, you agree to receive communications (including emails, SMS messages, calls, and push notifications) from us at any of the email addresses, phone numbers, and other accounts you provide to us as part of registering for the Platform. These communications may include communications regarding: (i) your User account or use of the Platform, (ii) Hauling Services, (iii) payments, (iv) marketing and other promotional matters, and (v) other matters relating to EasyGig’s business. You agree to promptly update your User account if you change your phone number, email or other accounts. You acknowledge and agree that your communications carrier may charge certain fees in connection with the receipt of communications from us.

DELAYS AND CANCELLATIONS

There is a one (1) hour grace period for all Hauling Services. If Hauler does not arrive at the Possessor’s location within one (1) hour of the scheduled pickup window, then this will be deemed a “Hauler No-Show”. In such instance, Hauler will incur a fee in accordance with our Cancellation Policy and EasyGig reserves the right to reschedule the Hauling Services, including with the use of a different Hauler.

Please see our Cancellation Policy for additional information about Hauler’s and Possessor’s rights to cancel Hauling Services and any applicable cancellation fees.

INTELLECTUAL PROPERTY

As between you and EasyGig, the Platform (including all text, images, designs, graphics, content, source code, object code, data, features, functionality thereof) are owned exclusively by us. For purposes of clarity, EasyGig owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our database(s) as part of making the Platform available to you. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Platform’s content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Platform without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Platform. Subject to your compliance with these Terms, and subject to any further restrictions or requirements contained herein, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Platform solely as permitted herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.

The Platform may offer functionality to enable you to post or otherwise submit content, information, or materials to EasyGig or the Platform (“User-Submitted Content”). User-Submitted Content includes any information you provide to EasyGig as part of registering for the Platform, information that a Possessor provides to EasyGig relating to the items to be hauled away (for example, photos or descriptions of such items), and information that a Hauler provides to EasyGig relating to items that have been successfully hauled to a disposal site (for examples, photos of receipts from disposal sites). You are solely responsible for any and all User-Submitted Content that you provide. You grant to EasyGig a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to copy, publish, display, reproduce, create derivative works of, and otherwise use and exploit in any manner all such User-Submitted Content, including using the User-Submitted Content in connection with (i) creating and managing your User account, (ii) operating the Platform, (iii) enabling Users to solicit, accept, and perform Hauling Services, (iv) developing marketing and promotional material relating to the Platform, and (v) any other purpose in connection with EasyGig’s business. As between you and EasyGig, you maintain all right, title, and interest to User-Submitted Content subject to the rights granted to EasyGig herein.

By posting or submitting User-Submitted Content, you represent and warrant that (i) you have all ownership, authority, or permissions necessary to post or submit the User-Submitted Content and to grant the rights described herein; (ii) that EasyGig’s use of the same will not infringe or violate the intellectual property, proprietary, or other rights of any person or third party; and (iii) the User-Submitted Content is not obscene, lewd, offensive, or otherwise inappropriate or unlawful. EasyGig may, in its sole discretion, remove, delete or modify any User-Submitted Content, and we have no liability for any such removal, deletion or modification.

EasyGig has adopted a policy, in compliance with the Digital Millenium Copyright Act (“DMCA”), to permit (in our sole discretion) the removing of any User-Submitted Content that infringes the copyright rights of third parties (the “DMCA Policy”). If you have a good faith believe that any User Submitted Content infringes your copyright rights, please see our DMCA Policy for additional information on how to notify us.

EASYGIG MARKS

EasyGig owns and shall maintain exclusive ownership of all of its trademarks, service marks, designs, logos, and other source indicia (collectively, the “EasyGig Marks”), as well as all goodwill arising from the use thereof. Except for the limited trademark license granted to Haulers with respect to their use of Signage (as outlined below), you have no right to use any of the EasyGig Marks.

You shall not apply for, or obtain (or assist any person or entity in applying for or obtaining) any registration for the EasyGig Marks or any trademark or service mark that is confusingly similar to the EasyGig Marks. You agree that you will not, directly or indirectly (i) take, omit to take or permit any action which will or may reasonably be expected to dilute or invalidate any of the EasyGig Marks (or jeopardize any registration therefor); (ii) dispute or challenge EasyGig’s rights in and to, or the validity of, the EasyGig Marks; (iii) take or omit to take any action that does (or would be reasonably be excepted to) injure, tarnish, damage or bring into disrepute the reputation of or goodwill associated with the EasyGig Marks (including committing any act that would reasonably be considered immoral, deceptive, scandalous or obscene); or (iv) assist any third party in conducting any of the foregoing

If you are a Hauler, then EasyGig may, in its sole discretion, provide you with signage, decals, and other items branded with the EasyGig Marks (collectively, “Signage”), and in such instance, EasyGig grants to you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to display the signage on your vehicle, but solely while you are providing Hauling Services. This is the sole right granted to Haulers to use the EasyGig Marks, and among other things, Haulers may not use the EasyGig Marks as part of any URL, business name or social media handle. Except for identifying yourself as a Hauler registered on the Platform, Haulers may not use the EasyGig Marks for any marketing or promotional communications. For clarity, Haulers are not employees, representatives or agents of EasyGig, and you may not identify yourself as such. All goodwill arising from your use of the EasyGig Marks shall inure solely to EasyGig.

TERM AND TERMINATION

These Terms are effective as of the date you accept these Terms and will continue in full force and effect until terminated in accordance herewith. You may terminate these Terms by emailing us at customerservice@easygigjunk.com, but please be advised that such termination will also terminate your account and access to the Platform. In order to use the Platform after such termination, you will be required to create a new account and agree to these Terms in their then-current form.

EasyGig also may terminate these Terms and/or your access to the Platform (including by deactivating your account) immediately without notice if EasyGig believes or becomes aware (as applicable) (i) that you have breached these Terms or violated any applicable law, rule, or regulation, (ii) if you are a Hauler, that you are no longer qualified or lawfully permitted to provide the Hauling Services, (iii) that your continued use of the Platform could harm EasyGig, the Platform, other customers or users, or any third party, or (iv) of any other circumstances that EasyGig believes justify the termination of these Terms and/or your access to the Platform, except that if any of the circumstances in subsections (i) through (iv) are remediable, then EasyGig will (in its sole discretion) use commercially reasonable efforts to provide you with notice and a reasonable period of time (not to exceed thirty (30) days) to remedy such circumstances prior to terminating these Terms and/or your access to the Platform pursuant to this section. You agree that termination of these Terms and/or your access to the Platform by EasyGig will not give rise to any right, remedy, or cause of action in your favor. The sections of these Terms that by their nature are intended to survive termination or expiration (including Sections 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, and 22) will survive any termination or expiration of these Terms.

USER REPRESENTATIONS AND WARRANTIES

Each User represents, warrants, and covenants that:

You are eighteen (18) years or older and are lawfully permitted to use the Platform;

You will comply with reasonable requests from EasyGig to provide information in connection with your use of the Platform, including without limitation, to resolve disputes between Possessors and Haulers and to respond to law enforcement requests, and you authorize EasyGig to seek and obtain any such information through any lawful channels and means; and

You will not engage in any fraudulent or unlawful activity relating to the Platform, including without limitation, providing false information on or through the Platform, seeking or offering to provide Hauling Services you are not authorized to seek or offer (for example, a Possessor seeking removal of any item(s) you do not have the lawful authority to remove or dispose).

By using the Platform as a Possessor, you also represent, warrant, and covenant that you have provided, and will at all times during your use of the Platform maintain, a valid method of payment with sufficient funds available for all Fees incurred in connection with your use of the Platform and any Hauling Services, and you will pay all Fees incurred under your account.

By using the Services as a Hauler, you also represent, warrant, and covenant that:

You possess all necessary licenses, approvals, and other legal prerequisites to provide the Hauling Services, including without limitation, a valid driver’s license for any Hauling Services by automobile, business licenses, waste disposal permits (if and as applicable), and legally required or industry standard insurance policies in appropriate amounts;

Any vehicle that you use to provide the Hauling Services has passed a current vehicle inspection and you have insurance that complies with all state and local laws.

You will comply with all of EasyGig’s policies, instructions, and requirements concerning your provision of Hauling Services, including any of the foregoing that are made available to you via the Platform.

You will provide the Hauling Services in accordance with all applicable federal, state/provincial, and local transportation, waste management, and disposal laws and regulations;

You will provide the Hauling Services in accordance with all safety and other industry and regulatory standards and requirements;

You will not impose additional charges or fees in connection with the Hauling Services unless approved by EasyGig and identified and charged in accordance with all payment policies of EasyGig; and

You will not provide Hauling Services that would violate these Terms, including without limitation, the removal of Prohibited Items.

DISCLAIMERS

THE PLATFORM, ALL DATA, CONTENT, AND INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, AND ANY OTHER PRODUCTS, SERVICES, DATA, CONTENT, AND INFORMATION PROVIDED BY EASYGIG PURSUANT TO THESE TERMS (COLLECTIVELY, THE “EASYGIG OFFERINGS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EASYGIG, TOGETHER WITH ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “EASYGIG PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) REGARDING ANY OF THE EASYGIG OFFERINGS. THE EASYGIG PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) RELATING TO THE EASYGIG OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY (INCLUDING WITH RESPECT TO MAPPING, NAVIGATION, AND ESTIMATES OF TIME), QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE WITH RESPECT TO THE EASYGIG OFFERINGS. WITHOUT LIMITING ANY OF THE FOREGOING PORTIONS OF THIS PARAGRAPH, THE EASYGIG PARTIES DO NOT WARRANT THAT ANY OF THE EASYGIG OFFERINGS (i) WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS (OR THAT ANY OF THESE ISSUES WILL BE CORRECTED) OR (ii) THE EASYGIG OFFERINGS WILL MEET YOUR REQUIREMENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFECT OR ERROR IN THE EASYGIG OFFERINGS SHALL BE TO REQUEST THAT EASYGIG (IN ITS SOLE DISCRETION) CORRECTS THE MATTER OR, IF EASYGIG FAILS TO DO SO, TO DISCONTINUE USE OF THE EASYGIG OFFERINGS.

EASYGIG DOES NOT PROVIDE ANY HAULING SERVICES. IT IS SOLELY A HAULER’S DECISION AS TO WHETHER OR NOT IT DECIDES TO PROVIDE ANY HAULING SERVICES. IT IS SOLELY A POSSESSOR’S DECISION AS TO WHETHER IT DECIDES TO SOLICIT, ACCEPT, AND RECEIVE ANY HAULING SERVICES. WE HAVE NO CONTROL OVER AND MAKE NO WARRANTIES WITH REGARD TO THE HAULING SERVICES, AND WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED TO THE HAULING SERVICES, INCLUDING WITHOUT LIMITATION, LIABILITY ARISING FROM A HAULER’S FAILURE TO ARRIVE, LIABILITY FOR A HAULER ARRIVING AT A DIFFERENT OR UNEXPECTED TIME OR FOR ANY DEATH, PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY ARISING OUT OF OR RELATED TO THE HAULING SERVICES (FOR EXAMPLE, INJURIES INCURRED WHILE HAULING GOODS OR DAMAGE TO PERSONAL PROPERTY, INCLUDING VEHICLES OWNED BY HAULER, POSSESSOR OR ANY THIRD PARTY WHILE HAULING OR STORING GOODS).

WE MAKE NO WARRANTIES WITH RESPECT TO ANY POSSESSORS, HAULERS, OR OTHER THIRD PARTIES WITH WHOM YOU ENGAGE ON OR IN CONNECTION WITH THE HAULING SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE IDENTITY OR QUALIFICATIONS OF SUCH PERSONS OR THEIR AUTHORITY TO REQUEST OR PROVIDE HAULING SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES, INCLUDING UNAUTHORIZED THIRD PARTIES OR “BAD ACTORS”, OR YOUR INTERACTIONS THEREWITH, AND BY ENGAGING WITH SUCH PERSONS, YOU AGREE THAT YOU AND THEY (AND NOT EASYGIG) ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES OR HARMS RELATED THERETO. WE ENCOURAGE YOU TO EXERCISE DISCRETION WHEN ENGAGING WITH OTHER USERS OR THIRD PARTIES THROUGH THE PLATFORM. EASYGIG DOES NOT PROCURE INSURANCE FOR, NOT ARE WE RESPONSIBLE FOR, HAULER’S VEHICLES OR ANY ITEMS THAT POSSESSOR’S WISH TO BE REMOVED AS PART OF THE HAULING SERVICES.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL ACTIVITIES ON OR THROUGH YOUR ACCOUNT AND THAT EASYGIG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR IN CONNECTION WITH ANY USE OF YOUR ACCOUNT, WHETHER AUTHORIZED OR UNAUTHORIZED.

WHILE WE RESERVE THE RIGHT TO MONITOR MATERIALS AND INFORMATION POSTED OR MADE AVAILABLE ON OR THROUGH THE PLATFORM, WE ASSUME NO OBLIGATION TO DO SO. INFORMATION REGARDING HAULING SERVICES (INCLUDING SOLICITATIONS FOR OR OFFERS TO PROVIDE HAULING SERVICES) THAT MAY BE DISPLAYED ON THE PLATFORM IS NOT PROVIDED BY EASYGIG, BUT BY THE INDIVIDUAL HAULERS OFFERING SUCH HAULING SERVICES OR INDIVIDUAL POSSESSORS SOLICITING HAULING SERVICES, AND EASYGIG DISCLAIMS ANY RESPONSIBILITY TO CONFIRM OR VERIFY ANY SUCH INFORMATION, AND ANY LIABILITY ARISING IN CONNECTION THEREWITH. ANY RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT CERTAIN INFORMATION YOU PROVIDE, PUBLISH OR POST VIA THE PLATFORM MAY BE AVAILABLE TO OTHER USERS, INCLUDING ANY PROFILE INFORMATION YOU PROVIDE, YOUR LOCATION, AND OTHER PERSONAL INFORMATION. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY INFORMATION YOUR MAKE AVAILABLE TO OTHER USERS VIA THE PLATFORM, INCLUDING IN CONNECTION WITH SOLICITING HAULING SERVICES OR OFFERING TO PROVIDE HAULING SERVICES.

LOCATION DATA PROVIDED VIA THE PLATFORM (INCLUDING THE LOCATION OF ANY POSSESSOR OR HAULER) IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT. YOU SHOULD NOT RELY EXCLUSIVELY ON ANY LOCATION DATA MADE AVAILABLE THROUGH THE PLATFORM AND SHOULD VERIFY SUCH DATA THROUGH ADDITIONAL SOURCES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT EASYGIG USES THIRD PARTY DATA AND INFORMATION TO GENERATE CERTAIN LOCATION DATA AND EASYGIG DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES HAVE PROVIDED DATA AND INFORMATION THAT IS ACCURATE, COMPLETE, TIMELY OR PROPERLY FORMATTED FOR DISPLAY.

POSSESSORS ACKNOWLEDGE AND AGREE THAT THEY IRREVOCABLY TRANSFER TO HAULERS (AND RELINQUISH FOR THEMSELVES) POSSESSION AND TITLE TO ALL ITEMS THAT HAULERS HAUL AWAY. POSSESSORS MAY NOT RECLAIM ANY ITEMS ONCE THEY HAVE BEEN HAULED AWAY BY A HAULER.

To the extent any jurisdiction does not permit us to disclaim warranties in these ways, we disclaim warranties to the fullest extent permitted under applicable law.

MOBILE APPLICATIONS

To the extent you access the Platform via any mobile application made available by EasyGig (a “Mobile Application”), subject to your compliance with these Terms, EasyGig grants to you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Mobile Application on a mobile device or computer that you own or control and to run such copy of the Mobile App solely for your own personal purposes.

The following terms apply to any Mobile Application accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Mobile Application may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms are concluded between you and EasyGig, and not with the App Provider, and EasyGig (not the App Provider), is solely responsible for the Mobile Application.

The App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile Application.

In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Mobile Application to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Mobile Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of EasyGig.

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile Application or your possession and use of the Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Mobile Application or your possession and use of that Mobile Application infringes that third party’s intellectual property rights, EasyGig will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the Mobile Application, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile Application against you.

You 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.

You must also comply with all applicable third party terms of service when using the Mobile Application.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the EasyGig Parties from and against any and all claims, causes of action, demands, judgments, settlements, penalties, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from (i) your access to or use of the Platform or any activities in connection with the Hauling Services; (ii) your violation of any of the provisions of these Terms or any other terms or agreements referenced or incorporated herein; (iii) any activity related to your account by you or any other person accessing the Platform through your account; (iv) death of, or personal injury to, a third party or property damage as a direct or indirect result of the Hauling Services, your use of the Platform or your acts or omissions; (v) allegations that any User-Submitted Content violates the intellectual property rights of any third party; (vi) your violation of any applicable law or any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (vi) your gross negligence, willful misconduct or fraud. The indemnification obligation set forth above shall apply regardless of any actual or alleged negligence of EasyGig or any other Indemnitee.

You agree that in no event will you take any action or make any statements that admit fault or create obligations on the part of any EasyGig Party (including agree to settle any claim) without the prior written consent of EasyGig, and that EasyGig (and the applicable EasyGig Party) reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EasyGig (and the applicable EasyGig Party) in asserting any available defenses.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE EASYGIG PARTIES FROM ALL LIABILITY ASSOCIATED WITH THE PLATFORM AND HAULING SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL ANY EASYGIG PARTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR THE HAULING SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EASYGIG PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE EASYGIG PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM AND THE HAULING SERVICES EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO EASYGIG FOR USE OF THE PLATFORM (EXCLUDING ANY FEES PAID FOR HAULING SERVICES) IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

THE PLATFORM MAY BE USED BY YOU TO SOLICIT, ACCEPT OR PROVIDE HAULING SERVICES, BUT YOU AGREE THAT EASYGIG HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HAULING SERVICES. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, EASYGIG HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PROVISION, USE OF OR RELIANCE ON ANY HAULING SERVICES (INCLUDING ANY DAMAGES ARISING FROM DEATH, PERSONAL INJURY OR PROPERTY DAMAGE) OR ANY TRANSACTION OR RELATIONSHIP BETWEEN HAULERS AND POSSESSORS.

YOU AGREE THAT NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE JUNK REMOVAL SERVICES, OR THESE TERMS MAY BE BROUGHT AGAINST ANY EASYGIG PARTY MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

GOVERNING LAW

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of North Carolina (without regard to rules governing conflict of laws). You and EasyGig expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

ARBITRATION

(a) Agreement to Binding Arbitration

YOU AND EASYGIG MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLVING DISPUTES IN A COURT OF LAW (WHETHER BY A JUDGE OR JURY) AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, including both the FAA’s procedural and substantive provisions. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including the procedural and substantive provisions of Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. For the avoidance of doubt, a court may neither refuse to enforce this Arbitration Agreement, nor refuse to stay arbitration proceedings, pursuant to state law that is inconsistent with the FAA or Delaware law (including, for example, pursuant to California Code of Civil Procedure § 1281.2(c).)

This Arbitration Agreement survives after these Terms terminate or your relationship with EasyGig ends. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and EasyGig as well as between you and our successors and assigns, employees, agents, directors, or shareholders. This Arbitration Agreement also applies to claims between you and EasyGig’s service providers (as related to claims against or allegedly attributable to EasyGig), including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are not limited to, any dispute, claim or controversy arising out of or relating to: these Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Platform, the Hauling Services, any goods or services made available through the Platform by EasyGig or a third-party provider, your relationship with EasyGig, the threatened or actual suspension, deactivation or termination of your User account or these Terms, background checks and driving history checks performed by or on EasyGig’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by EasyGig, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by EasyGig and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND EASYGIG ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibitions

YOU UNDERSTAND AND AGREE THAT YOU AND EASYGIG MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). NOTWITHSTANDING THE FOREGOING, THE PARTIES MAY AGREE TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.

Notwithstanding any other provision of these Terms, the Arbitration Agreement or the JAMS Comprehensive Arbitration Rules & Procedures (or those rules of another mutually agreed upon accredited arbitration provider), disputes regarding the interpretation, applicability, or enforceability of this subsection (b) may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action or otherwise seeks relief that is not limited to the individual party seeking relief, and (2) there is a final judicial determination that this subsection (b) is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver and all other provisions in this subsection (b) shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible. The Parties agree that a court will decide any Claim or any particular remedy for a Claim severed from any arbitration only after the completion of that arbitration.

(c) Pre-Arbitration

A party who intends to initiate arbitration must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the factual and legal nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) include the name, mailing and email addresses, and phone number of the party sending the Notice.

Your Notice to EasyGig must be personally signed by you (and by your attorney if you are represented by counsel). EasyGig’s notice to you must be personally signed by a EasyGig representative (and EasyGig’s attorney if EasyGig is represented by counsel). To protect your User account, you might be required to provide both your authentication and consent for us to discuss your User account or share your User account information with anyone but you, including an attorney (“Authentication and Consent”).

Your Notice to EasyGig should be sent by email to [•]. EasyGig’s notice to you will be sent by email to the most recent contact information that you have provided to EasyGig.

Whoever sends the Notice must give the other party sixty (60) days from receipt of the complete Notice (including the Authentication and Consent, if required) to investigate the claim before commencing an arbitration. The submission of a complete Notice will toll any applicable statute of limitations or other limitations period for the claims and requested relief in the Notice until sixty (60) days from when the other party receives the Notice of Dispute.

This Pre-Arbitration Process is essential so that you and EasyGig have a chance to resolve disputes. If any of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or assessment or collection of any arbitration fees in connection with such an arbitration. In addition, unless prohibited by law, JAMS (or any other arbitration provider selected by the parties) may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed. If a process arbitrator has been appointed at the request of a party, the process arbitrator also has the same authority as a court to enforce the requirement that arbitration not be commenced until the requirements of this Section 16(c) have been satisfied.

(d) Arbitration Rules

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and, if applicable, its Mass Arbitration Rules, Consumer Minimum Standards, and Appeal Procedure, that are in effect at the time the arbitration is initiated (the “JAMS Rules”), as modified by the terms set forth in these Terms. Copies of the JAMS Rules can be obtained at the JAMS’s website (www.jamsadr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of JAMS Rules, but in no event, unless you and EasyGig agree otherwise, shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement. If JAMS is unable or unwilling to administer the arbitration under this Arbitration Agreement, you and EasyGig will select another arbitration provider, forum, and/or third party accredited neutral upon mutual written agreement. If there is no agreement, a court will do so.

As part of the arbitration, both you and EasyGig will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. Except as specified in subsections (b) and (c) above, the arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s ruling will not be binding in proceedings involving different Haulers or Possessors. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Fees and Awards

The payment of filing and arbitration fees will be governed by the relevant JAMS Rules, or other third party neutral as provided for by this Arbitration Agreement, subject to the following modifications:

The party requesting the arbitration is responsible for paying all applicable arbitration fees at the commencement of the arbitration.
Unless applicable law provides otherwise, each party shall pay its own attorneys’ fees and pay any costs. Notwithstanding the foregoing, an arbitrator may award costs as provided in Federal Rule of Civil Procedure 68 or any state equivalents (which the parties agree shall apply in arbitration).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws EasyGig may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, EasyGig agrees that it will not seek such an award from you unless you are represented by an attorney or the arbitrator has determined that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11(b), which the parties agree shall be applicable in arbitration.

(f) Location of Arbitration

Unless you and EasyGig agree otherwise, the arbitration hearing, if any, between EasyGig and a User will take place in United States or by videoconference. Your right to the hearing and the format of the hearing will be determined by the JAMS Rules. You and EasyGig agree that you and a EasyGig representative will personally appear (which can include appearance by videoconference) at the hearing (along with your and EasyGig’s respective legal counsel, if the parties are represented by counsel). For the purposes of any subsequent vacatur or confirmation proceedings, the location of the arbitration proceeding will be Delaware.

(g) Exceptions

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction, so long as the action is not removed or appealed to a court of general jurisdiction; (2) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (4) individual claims of sexual assault or sexual harassment in connection with the use of the Platform, EasyGig’s services, or Hauling Services. Where these claims are brought in a court of competent jurisdiction consistent with Section 16(n), EasyGig will not require arbitration of those claims. EasyGig’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 16(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Agreement, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Agreement or settled by you. Similarly, you may not recover money damages under this Arbitration Agreement if you have already adjudicated such claim with the NLRB. Nothing in these Terms or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement.

(h) Severability

Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Binding Effect

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to your use of the Platform, EasyGig’s services, or Hauling Services. To the extent that any third-party beneficiary to these Terms brings claims against a party, those claims shall also be subject to this Arbitration Agreement.

(j) Non-Arbitrated Claims

Claims (1) excepted from arbitration by, and brought consistent with, Section 16(g) or (2) otherwise determined by a court of competent jurisdiction not to be subject to arbitration, shall be brought exclusively in the state or federal courts in Mecklenburg County, North Carolina, notwithstanding that other courts may have subject matter jurisdiction over the claims or personal jurisdiction over the parties.

If for any reason claims do not proceed in arbitration, such claims may be brought and litigated on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass, multi-plaintiff, joint, and/or representative action against EasyGig, or otherwise seek to include your claims or case in a pending class, collective, coordinated, consolidated, mass, multi-plaintiff, joint, and/or representative action against EasyGig. No action brought by you may be consolidated or joined in any fashion with any other proceeding, except that the parties may agree to participate in a class-wide settlement. The interpretation, enforceability, and validity of this paragraph shall be governed by the laws of the State of Delaware without regard to choice of law principles, and by any applicable federal law. If Delaware law is inapplicable for any reason, then the interpretation, enforceability, and validity of this paragraph shall be governed by the law of the state where the court of competent jurisdiction deciding the claims is located. If there is a final judicial determination that any part of this paragraph is unenforceable or unlawful for any reason, the unenforceable or unlawful portion shall be severed and severance shall have no effect whatsoever on the enforceability, applicability, or validity of any other part of these Terms, including without limitation the choice-of-forum provision in the preceding paragraph.

CONFIDENTIALITY

In connection with your use of the Platform, you may have access to (i) non-public information about EasyGig and its business and operations (including technical, financial, and other proprietary information) and (ii) information about other Users, which may include the User’s name, location, contact information and photo (collectively, “Confidential Information”). You may only use Confidential Information in connection with your authorized use of the Platform, including soliciting or providing Hauling Services and for no other purpose whatsoever. You shall not disclose or permit disclosure of any Confidential Information to third parties. You will take all reasonable measures to protect the confidentiality of Confidential Information.

Except for any information about other Users (including the User’s name, location, contact information and photo), the terms of this Section 17 shall not apply to information or materials that (i) were generally available to the public or otherwise part of the public domain at the time of their disclosure by EasyGig to you; (ii) became generally available to the public or otherwise part of the public domain other than through any act or omission of you in breach of these terms; (iii) were independently developed by or on behalf of you without reference to Confidential Information; (iv) were already in your possession (without an obligation of confidentiality) at the time of disclosure by EasyGig; or (v) are obtained by you from an third party that rightfully possessed the information or materials and was not under a duty of confidentiality with respect to the same.

If you are requested or required by subpoena, court order or other similar process to disclose any of the Confidential Information, you will promptly (if permitted by law) provide EasyGig with written notice of any such request or requirement so that EasyGig may seek a protective order or other appropriate remedy. If, in the absence of a protective order or other remedy, you are nonetheless compelled to disclose such Confidential Information, you may, without liability hereunder, disclose only that portion of the Confidential Information that is legally required to be disclosed, provided that you exercise commercially reasonable efforts to preserve the confidentiality of the Confidential Information so disclosed.

THIRD-PARTY SERVICES

The Platform may provide links to, or otherwise enable Users to access and receive, services from third parties other than Users, including without limitation, payment processors, location and navigation services, and others (the “Third-Party Services”). You acknowledge and agree that EasyGig is not responsible or liable for your use of Third-Party Services, or any good, service, or other material provided thereon or therethrough, or any damages or losses arising therefrom or related thereto. In addition, you understand that the Third-Party Services may be subject to pricing, usage restrictions, and other terms and conditions of the third-party provider (the “Third-Party Terms”). In the event of a conflict between these Terms and any Third-Party Terms, as between you and EasyGig, these Terms will govern.

SEVERABILITY AND WAIVER

Any provision of these Terms which is determined to be prohibited, invalid, illegal, unenforceable or unauthorized (collectively, “Invalid”) in any jurisdiction is, as to such jurisdiction, deemed to be replaced by a provision that is (a) valid and enforceable in such jurisdiction and (b) comes closest to expressing the intention of the Invalid provision, provided that the remaining provisions hereof and the validity, enforceability or legality of such provision in any other jurisdiction shall remain unaffected.. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EasyGig in writing.

FORCE MAJEURE

In no event will EasyGig be liable to you for any failure to perform any obligations as a result of, or for any issues arising from, circumstances beyond its reasonable control, including without limitation, fire, flood, war, embargo, strike, riot, unavailability of the Internet, pandemic, epidemic, or the intervention of any governmental authority.

RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and EasyGig as a result of the Terms or use of the Platform.

If you are accessing the Platform as a Hauler, you acknowledge and agree that (i) these Terms and any other terms and conditions between you and EasyGig do not constitute an employment agreement, and you are not an employee of EasyGig, (ii) EasyGig does not, and will not be deemed to, direct or control your performance in connection with any Hauling Services or otherwise, (iii) you are solely responsible for your acts and omissions in connection with any Hauling Services or otherwise, and for determining what Hauling Services to provide (if any) and when, where, how, and to whom you provide them.

NOTICES

Except as set forth in Section 16(c), any notices to EasyGig must be given in writing by certified mail, postage prepaid and return receipt requested, to 1235 East Blvd Ste. E Charlotte, NC 28203 United States, with an email copy sent to contact@easygigjunk.com. Any notices not sent in accordance with the immediately preceding sentence shall not be deemed received. Notices to you shall be provided through the Platform or via the email address or other contact information associated with your account, and you are responsible for ensuring that such contact information remains accurate and up to date.

ENTIRE AGREEMENT

These Terms, together with the documents referenced herein, comprise the entire agreement between you and EasyGig and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and EasyGig regarding the subject matter hereof. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME.

CONTACT US

To ask questions or comment about these Terms, you may contact us at the below. Be advised, however, that any notices to EasyGig must be given in accordance with Section 22, above.

Website Link: https://easygigjunk.com/

E-mail Address: contact@easygigjunk.com

Mailing Address: EasyGig, Inc.

1235 East Boulevard, Suite E
Charlotte, NC 28203
United States