Terms & Conditions

Terms & Conditions

Last modified: 5/25/22

Welcome to Oncue.co, the website and online service of Oncue Enterprises, Inc. (“Oncue,” “we,” or “us”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the Services (as defined below). By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Services. We reserve the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Services (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN THE SECTION TITLED “CLASS ACTION/JURY TRIAL WAIVER” BELOW (THE “CLASS ACTION/JURY TRIAL WAIVER”). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

Services

We provide a software platform and various tools and professional services to help moving companies manage their day-to-day operations (collectively, the “Services”).

Eligibility

This is a contract between you and us. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by us.

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. We reserve all rights not expressly granted herein in the Services and the Oncue Content (as defined below). We may terminate this license at any time for any reason or no reason.

Changes to the Services

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Service Location

The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

Use of Sample Forms; No Legal Advice

We offer access to sample Bills of Lading and other forms, templates, and documentation (collectively, “Sample Forms”) that are subject to specific legal requirements. All Sample Forms are offered solely as a courtesy and should not be construed as legal advice. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Because the law changes rapidly, we cannot guarantee that the Sample Forms are current, accurate, or complete. We are not lawyers or a law firm and we do not provide legal advice. Accordingly, we recommend that You consult with a licensed attorney as appropriate to make sure that You are using appropriate documents that comply with any and all applicable federal, state, and local laws. All Sample Forms are offered “as is” and You are solely responsible for Your use of the Sample Forms and for determining whether you require assistance from a licensed attorney to analyze the proper use of the Sample Forms. If You choose to use any Sample Forms in part or whole, You agree that such documents will be considered Your own (not that of Oncue Enterprises) and that You have consulted with Your own legal counsel to the extent necessary regarding the use of such documents. You shall indemnify, defend, and hold harmless Oncue Enterprises and its employees, contractors, shareholders, subsidiaries, affiliates, and officers against any loss, damage or costs (including reasonable attorneys’ fees) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related to Your use of any Sample Forms.

Acceptable Use Policy

Without limiting the other terms and conditions of this Agreement, you agree to use the Services strictly in accordance with the acceptable use policy described below. Oncue may suspend or terminate your access to the platform if we suspect that you have engaged in fraudulent activity in connection with the use of the platform. You agree not to engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Oncue servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Oncue grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  3. transmitting spam, chain letters, or other unsolicited email;
  4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
  5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  6. uploading invalid data, viruses, worms, or other software agents through the Services;
  7. collecting or harvesting any personally identifiable information, including account names, from the Services;
  8. using the Services for any commercial solicitation purposes;
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. interfering with the proper working of the Services;
  11. accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
  12. bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or
  13. engaging in any unlawful or objectionable activities on the Services, as determined in our sole discretion.

Aggregated Data

We may collect and compile data and information related to or derived from your use of the Services in an aggregated and anonymized manner (“Aggregated Data”), including to compile statistical and performance information related to the Services. As between you and us, all right, title, and interest in Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by us. You hereby acknowledge that we may compile Aggregated Data based on data input into the Services. You hereby agree that we may (i) make Aggregated Data available to third parties in compliance with applicable law, and (ii) use Aggregated Data to the extent and in the manner permitted under applicable law.

Payments

We collect fees from you for transmission to the moving company you are working with and do so on behalf of such moving company as its limited payment collection agent. Accordingly, payment of fees to us shall be considered the same as payment of fees made directly by you to the moving company. Upon your payment of fees to us, your payment obligation to the moving company is extinguished in an amount equal to the payment for fees made to us, and we are responsible for remitting such fees to the moving company (less any applicable Third-Party Fees). These fees are processed using Stripe, and accordingly, by using our Services to pay for services from moving companies, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal.

In connection with payments of fees, you will be asked to provide customary billing information such as name, billing address, and credit card information to us or our third-party payment processor (which may include, without limitation, Stripe). All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You hereby authorize the collection of such amounts by charging your designated payment method or credit or debit card, either directly by us or indirectly via a third-party online payment processor or by one of the payment methods described on the Services. Except as otherwise provided herein, all fees are non-refundable. Customers who believe they have been improperly charged and require a refund are asked to contact us at [email protected]

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

For any transaction you make through the Services, you acknowledge that a certain percentage of the total transaction amount may be paid to or retained by us, and you acknowledge that we may update this percentage and/or our compensation scheme from time to time. You also acknowledge that any transaction made through the Services may be subject to Third-Party Fees. “Third-Party Fees” means, individually and collectively, the portions of the payments and fees defined above that are retained by third parties, such as third-party payment processors, that we may engage from time to time in our sole discretion. We cannot control any fees that may be charged to your bank related to our collection of fees, and we disclaim all liability in this regard.

Text Messaging

You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry.

We offer you the chance to enroll to receive recurring SMS/text messages from us. You may enroll to receive text messages about account-related news and alerts and/or marketing and promotional offers for our products and services. By enrolling in our SMS/text messaging service, you agree to receive text messages from us to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages.

To unsubscribe from text messages at any time, reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any text message you receive from us. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request. To resubscribe, reply START, YES, or UNSTOP. For help, reply HELP or contact us at [email protected]

Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Our Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Oncue Content”), and all intellectual property rights related thereto, are the exclusive property of Oncue and our licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Oncue Content. Use of the Oncue Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Indemnity

You agree to defend, indemnify and hold harmless Oncue and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

No Warranty

The Services are provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services are downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.

Further, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder or $50.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

Governing Law and Class Action/Jury Trial Waiver

Governing Law

You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts of the state and federal courts of Alameda County, California.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND ONCUE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED MAY NOT AFFECT OTHER ONCUE USERS. YOU AND ONCUE FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ONCUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. 

Miscellaneous

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to this Agreement

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change this Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to this Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Services.

Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and us concerning the Services. Except as otherwise stated in the “Notification Procedures and Changes to this Agreement” section above, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact

Please contact us at [email protected] with any questions regarding this Agreement.