General Terms v7.01
Porch Moving Group Terms of Use
Last Updated: September 24, 2026
These Terms of Use apply to the moving services platforms operated by HireAHelper, MovingPlace, Simple Moving Labor, and MovingStaffers (collectively, "Porch Moving Group," "PMG," "we," or "us"). PMG helps people moving from one location to another ("Customers") research, engage, rate, and review a variety of moving service professionals ("Moving Services Providers" or "MSPs"). These Terms of Use apply to both Customers and MSPs, and "you" or "your" refers to either or both, as applicable. The following Terms of Use outline your obligations when using the Services, defined below.
Agreement to Terms
The Porch Moving Group websites available at www.hireahelper.com, www.movingplace.com, www.simplemovinglabor.com, www.movingstaffers.com, and www.porchmovinggroup.com (the "Platform") and the various content, features, and services offered on and in connection with these sites, telephone services and applications (individually and collectively with the Platform, the "Services") are owned and operated by PMG and can only be accessed and used by you under these Terms of Use, together with our Privacy Policy, other policies made available to you, and any applicable Additional Terms (collectively, the "Terms"). By creating an account, calling us, or otherwise accessing or using the Services, you agree to all of the terms and conditions of the Terms.
The Terms include a class action waiver. The Terms also contain a disclaimer of warranties and a disclaimer of liability, as well as a release and indemnification by you. Details are set forth below.
Some programs have additional terms, which will be posted on the Platform or otherwise communicated to you if you elect to participate in such a program ("Additional Terms"). By participating in a program with Additional Terms, you agree to the applicable Additional Terms.
If you are a Customer, your use of the Services is governed by these Terms and any Additional Terms applicable to programs in which you participate. If you are an MSP, you are also subject to the Additional Terms for Moving Service Providers and any Additional Terms applicable to specific programs for MSPs in which you participate.
Changes to Terms
We may modify the Terms (including any Additional Terms) from time to time by posting a revised version. We will indicate the date of the most recent changes by updating the "Last Updated" date at the top of the Terms. Any changes to the Terms will be effective immediately upon posting. You waive any right you may have to receive specific notice of such changes. Please review the Terms each time you use the Services. For Customers, the Terms in effect at the time you book a service will govern that service, notwithstanding any later modification to the Terms. Your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.
The Services; Site Content
No Responsibility or Endorsement for Moving Service Providers. Except through the PMG-managed programs, PMG does not deliver, and is not responsible for, any MSP's services. PMG is not an agent of any MSP, and MSPs are not employees or agents of PMG. PMG does not engage MSPs, except through the PMG-managed programs in which PMG books, schedules, handles payment for and otherwise facilitates certain services provided to Customers by MSPs. While we make commercially reasonable efforts to confirm that MSPs meet certain requirements, any licensing, bonding, insurance, or qualification information we display about an MSP is based on information provided to or verified by us at a point in time, and we cannot and do not guarantee its continued accuracy or that any MSP remains licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in a contract with us or our Service Guarantee, we do not make any guarantees, warranties or representations of any kind regarding MSPs or any services of any Moving Service Provider, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any MSPs. You agree that PMG is not responsible for the accessibility or unavailability of any MSPs, for the products or services they provide (or do not provide), or any claim resulting from your interactions and dealings with them. The applicable MSP is solely responsible for any and all injuries, illnesses, unlawful activity or misconduct related to their provision of services, regardless of whether the booking was made through a PMG-managed program or directly with the MSP through the Platform. Separately, and except for services booked through a PMG-managed program directly, the applicable MSP is solely responsible for any provision of services and for any and all damages, costs, expenses, and liabilities incurred by you in connection with the fulfillment of or failure to perform the services. If you locate an MSP through the Services but arrange, book, or pay for services with that MSP outside of the Platform, PMG has no involvement in and no responsibility or liability whatsoever for that arrangement or the MSP's provision of, or failure to provide, such services. You waive the right to bring or assert any claim against PMG relating thereto.
No Guarantee for Moving Service Providers. Except as expressly provided in a contract with us or our Service Guarantee, and except for services booked through a PMG-managed program, you must solely look to the applicable MSP for the provision of the services relating to your service needs. PMG is merely operating the Services that help connect you with an MSP that is interested in providing the services you have requested.
Estimates. Any quote or estimate provided in connection with the Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of the specific services in which you have expressed interest. Upon the completion of your services, you will be presented with a final invoice.
Claims; SmartProtection. Customer claims for damage to goods or property in connection with services are governed by the applicable contract, booking confirmation, and/or these Terms, whichever governs the Services, by applicable law, and (where purchased) by the applicable SmartProtection Coverage terms. SmartProtection is a company-defined benefit offered at PMG's sole discretion and is not insurance.
On-Site Presence Required. You, or an adult representative designated by you, must remain on-site for the entire duration of the services to provide access, guidance, and oversight of the MSP's crew. If no representative is present, PMG and the applicable MSP shall not be responsible for any claim relating to items allegedly not loaded, delivered, or accounted for, and PMG's and the MSP's records of the move (including any inventory, photos, or crew notes) shall govern in the event of a dispute.
Packing Services. Customers may book packing services performed by an independent MSP ("Packing Services"). Certain Packing Services include boxes, packing paper, tape, and other packing materials furnished by the MSP as part of the service ("Packing Materials"). Packing Materials are not offered separately from Packing Services. The applicable MSP provides the Packing Services and Packing Materials. PMG operates the Platform, connects Customers with MSPs, and processes payment. PMG does not purchase, own, store, take title to, or resell Packing Materials.
Packing Service Estimates and Additional Materials. Any description of the quantity or type of Packing Materials included with a Packing Service is an estimate and may not meet the Customer's actual needs. The Customer is responsible for determining whether additional Packing Materials may be required. An MSP may be able to furnish additional Packing Materials in connection with the Packing Services for an additional charge, but availability is not guaranteed.
Specialty Packing Materials. An MSP may, in its discretion, furnish specialty boxes or other Packing Materials not included in the original Packing Service. The MSP determines the availability of those materials and the applicable additional charge. Before any specialty Packing Materials are furnished, the Customer must acknowledge and approve the materials and additional charge in writing. PMG does not determine their availability or price and processes the approved charge only as a payment service.
Cancellations and Refunds. Packing Services remain subject to the cancellation policy applicable to the Customer's booking, except as modified below. If a Customer cancels Packing Services or removes Packing Materials from an order more than forty-eight (48) hours before the scheduled start time, no Supply Cancellation Fee applies. If cancellation or removal occurs more than twenty-four (24) hours but no more than forty-eight (48) hours before the scheduled start time, a Supply Cancellation Fee equal to ten percent (10%) of the total order amount applies and is retained by PMG. If cancellation or removal occurs more than one (1) hour but no more than twenty-four (24) hours before the scheduled start time, the Customer will be charged a cancellation fee equal to two (2) hours at the applicable hourly rate. The MSP will receive one (1) hour at that rate, less PMG's ten percent (10%) fee. A Supply Cancellation Fee equal to twenty percent (20%) of the Packing Materials component of the Packing Services charge also applies and is retained by PMG. If cancellation or removal occurs one (1) hour or less before the scheduled start time, no refund will be provided for the Packing Materials component of the Packing Services charge, which PMG will retain in full. The otherwise applicable cancellation policy will also apply, and the MSP will receive two (2) hours at the applicable hourly rate, less PMG's ten percent (10%) fee. Packing Materials furnished as part of completed Packing Services remain with the Customer, and no refund will be provided for unused Packing Materials.
Customer Participation and Customer-Provided Packing Supplies. If a Customer participates in packing any items, or directs that a Customer's agent participate in packing any items, the MSP's and PMG's liability for damage to those items is waived, and the Customer assumes all risk for items packed by the Customer or its agent. If a Customer provides Packing Materials for use in the moving services, neither the MSP nor PMG is responsible for damage resulting from the use of those Packing Materials. Customers should review the applicable SmartProtection terms and MSP coverage for details regarding available coverage.
Packing Materials; Claims. The MSP, not PMG, is responsible for the quality, condition, suitability, and conformity of Packing Materials furnished as part of Packing Services. PMG makes no representation or warranty regarding Packing Materials. Any claim concerning defective, damaged, unsuitable, or nonconforming Packing Materials must be directed to the applicable MSP.
Site Content. The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of PMG (collectively, the "Content") are the proprietary property of PMG and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Content without our express written consent is strictly prohibited. PMG reserves all rights to the Content not granted expressly in the Terms. Any material downloaded or otherwise obtained through your use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
If you are a Customer, we hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. If you are a Moving Service Provider acting in your professional capacity, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for the purpose of providing information, products and services to Customers as contemplated by the Services, subject to your compliance with the Terms.
Except as expressly permitted by the Terms, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Services. Unauthorized use of the Content is expressly prohibited by law and may result in severe civil and criminal penalties.
AI-Assisted Use. You may direct or permit an artificial intelligence tool, automated assistant, or other software agent (an "AI Agent") to access and use the Services on your behalf to search for and compare Services and prepare a proposed booking. To complete a booking, you must directly confirm the final booking details, accept the Terms, and authorize payment through the process required by PMG. Unless PMG expressly provides another method, an AI Agent may not complete those actions on your behalf. You must also directly approve any later changes, overages, or additional Charges through a method accepted by PMG.
You are responsible for all information submitted and actions taken through your account by an AI Agent that you direct or permit to use the Services. This responsibility includes errors, omissions, and misunderstandings by the AI Agent within the access or permissions you provide. You must review the information entered by the AI Agent before confirming a booking. PMG may block, suspend, or limit any AI Agent that scrapes or harvests data, generates excessive traffic, circumvents security measures or rate limits, interferes with the Services, or otherwise violates the Terms. This section does not permit bulk data collection, model training, commercial reuse of Content, or access to any part of the Services that PMG has not intentionally made available.
Eligibility; Consent
If you are accessing and using the Services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you have created a profile and account, they may be terminated and deleted without warning if we believe that you do not meet the age requirements set forth above. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Accounts and Charges
Account. Account registration is required to receive or use certain Services. You are solely responsible for keeping your account information confidential. Except for use by an AI Agent as permitted under the AI-Assisted Use section, you may not transfer, sell, assign, or sublicense your account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Services that occurs under your account, including access or use of the Services by any person through your account, with or without authorization. For clarity, this responsibility includes activity by an AI Agent that you direct or permit to use your account. You agree to notify us immediately of any unauthorized use or any other breach of security on your account. PMG will not be liable for losses incurred as a result of an unauthorized use of a password or account.
Personal information submitted through the Services is governed according to PMG's Privacy Policy.
Charges. When MSPs perform work for you through the Services, you will be charged for the services they provide ("MSP Charges"). PMG may charge you for certain services that are provided by PMG ("PMG Charges"). Together, MSP Charges and PMG Charges are collectively referred to as "Charges". For Packing Services, the total Charge includes the applicable MSP's service fee and PMG's separate platform fee. PMG collects the total Charge as a payment-processing service and remits the applicable portion to the MSP. If PMG books, schedules, handles payment for and otherwise facilitates services provided to you by an MSP through a PMG-managed program, the charges to you for those services will be deemed to be PMG Charges. You will be informed of Charges before services are provided, including any cancellation fees, Supply Cancellation Fees, or other terms applicable to your booking. Additional cancellation and refund policies may apply to specific programs (for example, Packing Services) and will be set forth in the applicable Additional Terms. PMG may offer discounts from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions PMG specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales or other taxes, where due, will be reflected on your invoice. You are responsible for paying any taxes shown on the invoice, and the party identified as collecting the tax is responsible for its collection and remittance.
Payment. Payments for Charges are immediately due and payable to PMG upon provision of the applicable services and are final and non-refundable except as set forth in the Terms (or, if applicable, the Service Guarantee). When you use a credit card to pay for Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. If an AI Agent enters or transmits payment information on your behalf, you remain responsible for the accuracy of that information and must directly authorize the payment through the process required by PMG. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with PMG, and you understand that initiating a chargeback does not extinguish your obligation to pay.
Order Cancellation by PMG. PMG reserves the right, in its sole discretion and without notice to you, to cancel any order, booking, or transaction that PMG identifies as high-risk, suspicious, or potentially fraudulent. This may include orders that involve unusual booking patterns, payment irregularities, or indicators of identity misrepresentation. If PMG cancels an order under this section, PMG will refund any amounts already charged using the same method of payment, except where prohibited by law or where PMG has incurred non-recoverable costs. This right applies in addition to any other cancellation rights set forth in the Terms or applicable Additional Terms.
Returns; Refunds
If you are a Customer receiving services from a Moving Service Provider, your rights will be governed by the applicable contract, booking confirmation, and/or these Terms, whichever governs the services, and by applicable law. PMG will provide a refund for an MSP's work only under limited circumstances, as described in the Service Guarantee.
Payments for Charges that meet our or the MSP's requirements for a refund rather than a credit (as set forth in the Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Information you provide to us. If you submit a request for an MSP's services and when you open or confirm your PMG account, you will be asked to disclose certain information about yourself and your service requirements. You agree to provide us with accurate and complete information and to keep it updated, complete and correct. You certify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a name or telephone number that is not your own. If we believe in our sole discretion that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not promptly correct or update such information.
If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether belonging to another person or fabricated), or if you fail to keep the information in your PMG account current and correct, you agree to fully indemnify and be liable to PMG and each MSP or other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys' fees) incurred by the affected party or parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Communications
You agree that communication may be made with you by telephone, email, text (SMS) message or other electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services. We may contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
Monitoring and Recording. When you contact us, when we contact you, or when you communicate with an MSP or a Customer through the Services, we may monitor and/or record those communications for quality assurance, customer satisfaction and other legitimate business purposes. By providing your telephone number to us, you consent to this monitoring and recording.
Consent to Receive Emails and Automated Calls/Texts. By providing your email address(es) and telephone number(s), you consent to receive emails, autodialed, pre-recorded or artificial voice calls and text (SMS) messages related to the Services, or products or services that might interest you, from PMG. These emails, calls, or texts may be made to any email address or telephone number you provide, even if a number is registered on any state or federal Do Not Call list.
Promotional Communications. Receiving promotional or marketing telephone calls, emails, direct mail, and text (SMS) messages from PMG is completely voluntary, and you may opt out at any time. Consent is not a condition of purchasing any products or services from PMG. You can opt out of receiving promotional emails by clicking the unsubscribe link in the email. You can opt out of promotional text (SMS) messages by replying STOP. You may receive a final email or text message confirming opt-out. Please allow up to ten (10) business days to process any opt-out request.
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at (800) 995-5003. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message Frequency Varies. If you have any questions about your text plan or data plan, contact your wireless provider.
Privacy
For complete details on our use of your information, including Collected Information (as defined below), and how to opt out of receiving Porch marketing communications, please see our Privacy Policy.
Acceptable Use Conduct
We prohibit certain kinds of conduct that may be harmful to Customers, MSPs, or to us. When you use the Services, you may not:
- Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services.
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
- Except as expressly permitted under the AI-Assisted Use section, access, download, monitor, or copy any Content contained on or in the Platform or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that PMG does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Customers or MSPs for any purpose.
- Frame any part of the Services.
- Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Platform, the Services, or any other systems connected to the Platform and Services).
- Use or access the Platform or the Services in any manner that could damage, disable, overburden, or impair them or that could interfere with the rights of or otherwise harm PMG, our service providers or suppliers, MSPs, Customers or any other person.
- Directly or indirectly direct persons to another online or offline location that provides products or services similar to the Services.
- Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements, or deceptive or fraudulent behavior.
- Infringe or violate the privacy rights, property rights or any other rights of any person or entity.
- Violate any applicable law, rule or regulation.
Collected Information and Submissions
You agree and acknowledge that PMG, MSPs, and Customers may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services or otherwise in connection with the Services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a PMG service and provide your Information as part of, or to be used in, that service, then Collected Information includes the provided Information.
You Are Responsible for Submissions. The Services may permit you and other Customers and MSPs to submit Information (individually and collectively, "Submissions"). The person or entity submitting a Submission, and not PMG, is solely responsible for that Submission and the consequences of submitting it. By way of example and not limitation, if an MSP provides you with advice or other information, the MSP (and not PMG) is solely responsible for that advice and information. You acknowledge and agree that PMG has no obligation to pre-screen your or anyone else's Submissions. In no event will PMG be liable for any Submissions, even if they contain errors, omissions, misleading, defamatory or offensive statements, or confidential, proprietary or private information, or for any loss or damage of any kind incurred as a result of their publication or use.
By submitting Information via the Services, you represent and warrant that: (A) your Submission, and the use of your Submission as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PMG to violate any law or regulation or otherwise cause liability for PMG; and (B) your Submission could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Limited Disclosure of Submissions. PMG will not display the address of projects or precisely pinpoint the project location on a map accessible to all Customers. However, PMG and its licensees may display the address and other Submissions associated with a given project to a limited audience, including the homeowner of that address, the assigned MSP, and other third parties involved in the Services. You further acknowledge and agree that the description of the project for which you request an MSP's services, all information contained in any reviews of MSPs that you submit, and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to Submissions. With respect to both Submissions and Collected Information, you grant PMG a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, fully sub-licensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. You grant PMG all rights necessary to publish or refrain from publishing your name (and, if applicable, your address) in connection with your Submissions. You represent that you are the exclusive owner of all rights in the Submissions that you submit or have secured all legal rights necessary for such Submissions to be used by you, PMG, and others as contemplated by these Terms. You agree that PMG will not pay or otherwise compensate you for Submissions or Collected Information.
Reviews of MSPs. You may only post a review or rating of a Moving Service Provider if you have first-hand knowledge of the services provided by such MSP (that is, such MSP provided services to you). You may not accept anything of value from an MSP in exchange for posting a review or rating. You may not post or submit a review or rating of an MSP if you are (i) such MSP or an employee, contractor, director, manager or partner of, or otherwise affiliated with, such MSP, (ii) an employee, contractor, director, manager or partner of, or otherwise affiliated with, a competitor of such MSP, or (iii) related to such MSP or its employee, contractor, partner, or other affiliate, including by blood, adoption or marriage. You certify that any review or rating that you post or submit is honest and factually accurate, that you have not received any form of compensation for providing it, and that you are not prohibited under these Terms from posting or submitting it.
Review of Submissions. We do not approve, control or endorse your or anyone else's Submissions (including profiles, reviews or ratings) and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify Submissions for any reason, or to choose not to do so, at our sole discretion.
Suggestions
If you elect to provide or make available to PMG any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise ("Suggestions"), PMG will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Third-Party Intellectual Property
The Services may contain third-party advertisements and links to third-party websites, services, offers, or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Platform as part of the Services. These Third-Party Materials are not owned or controlled by PMG. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by PMG. All non-PMG trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA"), PMG will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us by providing us with a written notification of the claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of where the material that you claim is infringing is located within the Services; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address; (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
Porch.com, Inc. Attn: Porch Moving Group Legal Department 411 1st Avenue South, Suite 501 Seattle, WA 98104 [email protected] (855) 767-2400
This email address is for DMCA notification only. If you have other questions about the Terms, please contact [email protected].
Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms.
Termination; No Right to Services
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate your or anyone else's right to use the Services, in whole or in part, and to terminate, limit or prevent your or anyone else's future access to and use of the Services, at any time and for any reason (including those specifically described in the Terms).
Warranty Disclaimer
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, PMG, its parent company Porch.com, Inc., its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Porch Parties") disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with PMG, Customers, MSPs or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. PMG makes no representation or warranty about the accuracy or suitability of the Content, the Submissions or other information displayed on the Platform or provided through the Services. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
Limitation of Liability
In no event will the Porch Parties be liable to you or any third party for any cost of cover, lost profits or indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, PMG, Users, Professionals or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not PMG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the Porch Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, PMG, Users, Professionals or other third parties exceed the lesser of (a) the amount you have paid to Porch for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to PMG, one hundred dollars (if you are a User) or one thousand dollars (if you are a Professional). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
Indemnification
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Porch Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys' fees) due to or arising out of (i) your transactions with Customers, MSPs or other third parties, or (ii) any violation by you of any of the Terms or applicable laws. PMG reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PMG in asserting any available defenses.
Release
You agree that you bear all risk and, in consideration of the Services provided by PMG, you hereby release the Porch Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Porch, Customers, MSPs or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. Under the laws of the state of California, a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Disputes
Class Action Waiver. Any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Platform, or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a "Dispute") will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Platform and/or the Services signifies your explicit consent to this waiver.
Venue. We each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. The Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
Attorneys' Fees. If any of the Porch Parties take legal action against you as a result of your violation of the Terms, the Porch Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Porch Parties.
General
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with PMG's prior written consent, but may be assigned by PMG without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include the Privacy Policy, any other policies we make available to you, and any applicable Additional Terms) constitute the entire agreement between you and PMG concerning the Services and supersede all prior or contemporaneous communications of any kind between you and PMG with respect to the Services. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, and the remainder of the Terms shall remain in full force and effect.
Waiver. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such term or any other term, and PMG's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms creates any right of action on the part of any third party, except (i) for the Porch Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about the Terms, please contact us by email at [email protected] or in writing at 411 1st Avenue South, Suite 501, Seattle, WA 98104.