Last Modified: 01/24/2021
- CONTRACTUAL RELATIONSHIP
The following terms of service (the “Terms”) constitute a legally binding agreement between you (also referred to below as “User”) and UMovers LLC. (“UMovers”) and govern your access to and/or use of UMovers services or the services of any of Umovers subsidiaries or affiliates, including, but not limited to, your use of Umovers website at https://www.umoversllc.com (the “Website”) and any other online areas owned or operated by Umovers and its telephone order system (currently accessible at 434)233-4858) (collectively, the “UMovers Platforms”), as well as any order that you might place through the UMovers Platforms.
1.1 Accepting these Terms
Please read these Terms carefully before accessing or using any of the UMovers Platforms, including, but not limited to, before placing any order with UMovers for labor and/or transportation, or any other services (collectively, the “Services”). By accessing or using the UMovers Platforms, including, without limitation, by placing an order for Services online or via telephone at the number described above, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, provisions that limit UMovers liability, and provisions that require individual arbitration of any potential legal dispute between you and UMovers. If you do not agree to these Terms, you may not use the UMovers Platforms or receive any Services.
- THE UMOVERS PLATFORMS
2.1. About Umovers and the Company’s Services
UMovers is a company that provides independent contractors who provide labor for individuals who are seeking local, regional, and/or other moving services. You understand and acknowledge that UMovers are not liable for damage of property, home, transportation devices provided, or any other object or equipment while performing tasks or transporting to and from tasks.
By using the UMovers Platforms to order Services, you acknowledge and agree that you are requesting that UMovers provide you with labor services only and that UMovers should request and schedule the Services on your behalf. You further acknowledge and agree that when UMovers arranges for a labor service to perform transportation services, UMovers is acting in its capacity as a property broker (and not as a transportation provider or as a broker of the transportation of household goods). You further acknowledge that you may be exposed to situations involving labor activities that are potentially unsafe, and dangerous, and that the use of UMovers and participation in labor duties is at your own risk and judgment.
Subject to your compliance with these Terms, UMovers grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the UMovers Platforms solely for their intended purposes, including (i) to place orders for Services (ii) to access and use any content, information, and related materials that may be made available as a result of a request for Services. Any rights not expressly granted herein are reserved by UMovers and UMovers’s licensors.
- YOUR USE OF THE UMOVERS PLATFORMS
3.1. Placing an Order for Services
In order to place an order for Services, you must be at least 18 years of age and must provide UMovers with a valid e-mail address and phone number. By placing an order, you are ensuring that you have the necessary finances to pay for your move.
UMovers reserves the right to revise its fees for any or all aspects of the Services at any time in UMovers sole discretion. You acknowledge and understand that pricing in certain geographical areas may increase from time to time, including, but not limited to, during times of high demand for Services.
When placing an order for Services, you may receive an estimate of fees and costs. UMovers attempts to provide a reasonably accurate estimate of final fees and costs. However, you understand and agree that all estimates are non-binding and are not intended to be a guarantee of your final costs. Your total charges may be affected by the information you provide to UMovers during the order process (including, but not limited to, any inaccurate information provided by you), the circumstances present on the day you receive the Services, and, with prices charged by the hour, the speed of the independent contractors.
3.3. Canceling an Order
You may cancel an order for Services at any time. We do not charge any cancellation fees.
3.4. Text Messaging, E-Mails, and Phone Calls
You agree that UMovers, its subsidiaries, and affiliates, and their respective employees, contractors, and agents may contact you at any of the phone numbers or e-mail addresses that you provide, including, but not limited to, by e-mail, text messages, and calls. Standard message and data rates may apply.
- PAYMENT AND PROMOTIONAL OFFERS
After your order for Services is complete and you have received the Services, you will receive an e-mail for the final invoice amount (the “Charges”). Your payment is due within 1 day of the move being completed and you are responsible for payment of all Charges for Services ordered and received through UMovers. Any payment that is not collected within 7 days of the move, is subject to late fees up to $50 per week late.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by UMovers. If you disagree with any of the Charges, you will have 24 hours to dispute such Charges by contacting email@example.com. You may not dispute any Charges more than 24 hours after your receipt of the Services. UMovers will attempt to resolve any dispute as soon as reasonably practical. All disputed Charges will be governed by these Terms.
You understand and agree that UMovers administers payment directly to the movers on your behalf, as the movers limited payment collection agent, and that payment to UMovers is intended to fully compensate the movers for the Services they provide. Accordingly, your payment to movers shall be considered the same as issuing payment directly to the movers, and you should not issue any payment, other than a tip or gratuity, in your sole discretion, to anyone other than UMovers for Services ordered and received through UMovers. If you issue payment directly to any mover, you will still be responsible for paying the full amount of the Charges billed to you by UMovers.
- USER REPRESENTATIONS
By using the UMovers Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in the United States or any of its territories; (3) you own or have legal possession to any and all property to be moved or shipped by independent contractors under this agreement, if applicable; (4) you have carefully read and understand these Terms; (5) you have been advised that you should consider obtaining insurance to protect you from loss or damage to your personal property items, if applicable; and (6) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the UMovers Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.
- COMPLIANCE WITH APPLICABLE LAWS
By using the UMovers Platforms and/or requesting Services, you agree that (1) you will only use the UMovers Platforms and/or request Services for lawful purposes; (2) you will not use the UMovers Platforms and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the UMovers Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm UMovers or the UMovers Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute the UMovers Platforms or other content without written permission from UMovers; (7) you will only use the UMovers Platforms and/or request Services for your own use and, if applicable, will not resell your order for Services to a third party; and (8) you will provide UMovers and/or the Third Party Providers with whatever proof of identity they may reasonably request.
- REFUSAL OF SERVICE
You acknowledge and understand that, notwithstanding anything herein to the contrary, UMovers has, and shall at all times retain, the right to refuse or cancel an order for Services at any time for any reason. The circumstances that may warrant a refusal or cancellation of Services, include, but are not limited to, the following circumstances: Evictions.
UMovers may cancel an order for Services if you, or someone else at the location to be serviced, is being, is in the process of being, or has been evicted.
UMovers and/or the Third Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in UMovers and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved is prohibited by these Terms, including property explicitly prohibited under Section 8.4 hereof.
Dangerous, Hazardous, or Unsanitary Conditions
If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, in UMovers or the Third Party Providers’ sole discretion, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.). Inclement Weather
In cases of inclement weather, you may be required to reschedule and/or delay your order for Services to another convenient time, or the order may be canceled or refused without a cancellation fee. If Services are nonetheless performed despite inclement weather, you understand and agree to UMovers' Damage Policy Terms as described in Section 8 (and its subparts) below for any damages incurred as a result of the inclement weather. Inclement weather can include, but is not limited to, rain, snow, sleet, hail, lightning, and high winds.
Access to property
UMovers and/or the Third Party Providers reserve the right to refuse or cancel ordered Services if your property cannot be accessed or is deemed to be, in UMovers or the Third Party Providers’ sole discretion, too far away from the location of the Third Party Provider’s moving vehicle. For example, Services may be refused or canceled because a driveway is too dangerous to traverse or the Third Party Providers would be required to walk 100 yards or more to move each item of property to a moving vehicle. If Services are nonetheless performed and the Third Party Providers are required to walk a significant distance (in UMovers’s sole discretion) from the moving vehicle to your personal property, you are advised that you or someone else subject to your direction and control should remain with your personal property at each location to ensure that your personal property is not subject to theft. You understand and accept that personal property lost or stolen because Third Party Providers must travel a significant distance (in UMovers’s sole discretion) between a moving vehicle and your personal property continue to fall under that UMovers Damage Policy Terms described in Section 8 (and its subparts) below.
Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.
- PROPERTY DAMAGES (DAMAGE POLICY TERMS)
UMovers is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While UMovers attempts to connect you with only high quality Third Party Providers, UMovers does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. UMovers is not liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. By placing an order with UMovers, you understand and agree that you will not be entitled to recover from UMovers or any of its subsidiaries or affiliates for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to UMovers' Property Damage Terms or are in need of additional protection for your personal or real property, you should not place an order with UMovers or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.
Note that you may not obtain damages from a Third Party Provider (or any insurance policy insuring such Third Party Providers). By placing an order and choosing to use UMovers, you hereby waive and release the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services.
In addition, in order to access and use the Third Party Providers on the UMovers Platforms, you agree that no Third Party Provider shall be liable to you for any damages in excess of the damages to which you would be entitled under the details below. For the avoidance of doubt, this means that if you choose to pursue a claim against any Third Party Provider instead of UMovers, your claim with such Third Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below.
8.1 Damages To Personal Property Caused By Third Party Providers
If a Third Party Provider arranged by UMovers to provide you with labor Services (a “Mover”) damages or loses your personal property while moving your personal property, including, while loading or unloading your personal property in a transportation vehicle provided by you, another company, or a Third Party Provider arranged by UMovers to provide you with transportation Services (a “Driver”), or if (and only if) your order includes both labor and transportation Services (also referred to as “Movers + Truck” order on the Website) and your personal property is damaged in transit (i.e., during shipment) as a result of the negligent packing of your personal property in a transportation vehicle by a Laborer or by the negligent driving of the Driver, UMovers will not assume liability for your damaged personal property items. Additionally, UMovers will not assume any liability for any damages that occur in transit if you have ordered only labor Services (also referred to as a “Labor-only Moving Help” order on the Website) and not additional transportation Services. (In other words, UMovers will not assume any liability for any damages that occur for a Movers + Truck order or Labor-only Moving Help order). In addition, if you have ordered only labor Services (i.e., submitted a Labor-only Moving Help order), UMovers’s will not assume liability for your damaged personal property items.
UMovers strongly advises that you take extra precautions to ensure the safety and security of your items, including, but not limited to, by wrapping and protecting the items with your own materials prior to handling by a Laborer, ordering or providing extra padding and other packing materials for the Laborers to use to secure and protect the item, directing the Laborers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third party insurance for such items. Personal property that may need increased attention by way of example, but not limitation, jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronics devices.
By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high priced items, items of sentimental value, or otherwise, other than as set forth herein, regardless of whether such damages are negligently or intentionally caused by any Laborer or Driver (if applicable).
8.2 Damages To Real Property Caused By Third Party Providers
If a Third Party Provider (whether a Laborer or Driver) causes damage to your real property while performing the Services, UMovers will not assume liability for your damaged personal property items.
Damages to Wood Floors
In the event that wood floors are damaged, UMovers will not repair or replace the local area damaged.
Notwithstanding the foregoing, UMovers will not pay for any minor nicks or scratches or dents to wood flooring that, in UMovers’s sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, prior to receiving any Services. You should also ensure that any furniture that you need moved is placed on sliders or that sliders are made available to the Laborers. In addition, if you do not have any covering for your wood flooring, you should not permit the Laborers to use any dollies or other hand trucks, which may be more likely to cause damage to your wood floors.
Damages to Handrails, Walls, Doors, and Drywall
UMovers will not be liable for what UMovers, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property, including, but not limited to, any paint damage, that you may incur as a result of the Laborers’ performance of the Services. UMovers will not assume liability for significant damage to handrails, walls, doors, and/or drywall.
Damages to Mailboxes
If a UMovers Third Party Provider damages your mailbox while performing the Services, UMovers will not assume liability for the damaged property. UMovers may, however, offer to, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services, (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by UMovers in its sole discretion, (iii) replace the damaged mailbox with one of like kind and quality, or (iv) pay you for the cost of a replacement.
UMovers will not be liable for any other damages to your real property, including, but not limited to, for any damages to lawns, landscaping, sprinklers, sidewalks, or driveways (including, without limitation, any cosmetic damage to driveways or other concrete or paved areas). You should not allow any transportation or other vehicles to park on your driveway or sidewalks if they are not capable of supporting such vehicles or if you are concerned that they may damage your driveway, sidewalks, or lawn. You should notify UMovers prior to any Third Party Provider arriving to perform the Services so that they may make arrangements to park on a street or other designated area.
8.3 Specific Damages To Real Property Caused By Third Party Providers
Notwithstanding anything herein to the contrary, including the foregoing discussion of the Property Damage Terms, UMovers and its subsidiaries and affiliates shall not be liable for any of the following damages:
You will be required to disclose any pre-existing damages to UMovers prior to your move. In addition, UMovers reserves the right, in its sole discretion, to declare a damage as pre-existing based on its investigation of your claim if facts and circumstances warrant such a determination.
UMovers will not pay any damages for minor dents or small nicks or scratches caused by any Third Party Provider (or any agent thereof) to your property as a result of your receipt of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.
UMovers will not be liable for damage to any particleboard, chip-core, or pressboard furniture.
Marble, slate, and stone material items are prone to weakness and cracking overtime. UMovers will not be liable for damaged items made exclusively of (or a composite of) natural materials.
UMovers will not pay any damages that have been repaired or replaced by you or someone else at your request prior to you filing a claim with UMovers. You should not repair or replace property before resolving your claim with UMovers unless you have obtained prior written consent from UMovers.
Certain Electronics and Appliances
UMovers will not be liable for electronics or appliances that fail to operate after being shipped and/or reconnected, nor will UMovers be liable for any structural plumbing, electrical systems, or water damage associated with electronics or appliances that are handled by a Laborer. Third Party Providers should require all appliances to be disconnected, uninstalled, and drained (if necessary) by you prior to moving such items. In addition, UMovers will not be liable for any damages caused to an electronics device (including, without limitation, any television or other display monitor) that is not properly boxed and protected before handling by a Laborer. You should never allow a television or other display monitor to be shipped or otherwise transported without proper protective packaging and securement.
If you request reassembly of any of your personal property by any Laborer or other Third Party Provider, UMovers will not be liable for any damages that may arise as a result of the assembly, attempted assembly, or failed assembly of items containing particleboard, chip-core, or pressboard.
UMovers does not arrange for Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If a Third Party Provider provides any such services, UMovers will not be liable in any manner for any damages that may arise as a result of the actions or inactions of such Third Party Provider who performed such services.
UMovers will not be liable for any damages to personal property that Laborers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), perishables (frozen food, plants, produce, refrigerated food, etc.), contraband or other items prohibited by federal or state law (illegal drugs, etc.), stolen property, and other property which you do not have a lawful right to possess.
Although UMovers retains the right to cancel, and the Third Party Providers may refuse to complete, an order for Services in the event that you or someone else at the location to be serviced is being evicted, in the event that an order for Services is nonetheless completed, you will not be eligible for any protection under the Damage Policy Terms and agree to indemnify, defend, and hold UMovers and its subsidiaries and affiliates harmless from and against any and all expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind, including as imposed by a court of law or by any governmental body or agency, that UMovers and/or its subsidiaries and affiliates may incur as a result of, arising out of, or in relation to your or someone else’s eviction.
Fraudulent Misrepresentations of Weight
UMovers will not pay any damages for any items based on weights that appear, in UMovers’s sole discretion, to be inaccurate or a misrepresentation of the items' true weight.
8.4 Personal Injuries
For your safety, Third Party Providers may prohibit you and your agents from actively participating in the Services, including any loading or unloading of personal property, in accordance with their applicable insurance policies or other contractual arrangements, which may prohibit them from allowing you onto truck ramps, lift gates, or inside any moving truck. To the extent you or your agents should disregard their instruction or otherwise participate in any Services, neither UMovers nor any of its subsidiaries or affiliates or the Third Party Providers shall be liable for any injuries or damages that you or your agents may incur or otherwise suffer, and you agree to indemnify UMovers and its subsidiaries and affiliates from any expenses, losses, or damages that UMovers or its subsidiaries or affiliates may incur as a result of your disregard of the provisions in this Section 8.4.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
9.1. Disclaimer THE UMOVERS PLATFORMS AND THE SERVICES THAT
THE UMovers PLATFORMS AND THE SERVICES THAT YOU MAY ORDER THROUGH THE UMOVERS PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UMOVERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, UMOVERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES ORDERED THROUGH THE UMovers PLATFORMS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
BY ORDERING AND/OR RECEIVING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THIRD PARTY PROVIDERS THROUGH THE UMovers PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, UMovers HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. FURTHERMORE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT UMovers IS NOT AN AGENT, EMPLOYER, OR A PARTNER OF ANY THIRD PARTY PROVIDER, THAT THE THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED, AND THAT THE ENTIRE RISK ARISING OUT OF YOUR RECEIPT OF THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
9.2. Limitation of Liability
UMOVERS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 (AND ITS RESPECTIVE SUBPARTS 8.1 THROUGH 8.4) ABOVE. FOR THE AVOIDANCE OF DOUBT, UMOVERS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS’ MAXIMUM LIABILITY PER ORDER SHALL NOT EXCEED $1,000 FOR REQUESTS FOR ONLY LABOR SERVICES OR $2,000 FOR REQUESTS FOR LABOR AND TRANSPORTATION SERVICES, AND IN NO EVENT WILL UMOVERS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE, AGENTS, EMPLOYEES, AND CONTRACTORS’ LIABILITY TO YOU FOR ANY DAMAGE TO YOUR PERSONAL OR REAL PROPERTY EXCEED SUCH LIMITATIONS FOR ONE ORDER. IN ADDITION, UMOVERS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE UMOVERS PLATFORMS, AND/OR THE SERVICES PERFORMED BY THIRD PARTY PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY), AND EVEN IF UMOVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.
You agree to indemnify, defend, and hold UMovers, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys’ fees) relating to or arising from: (i) your violation of any third-party right, including, without limitation, any right to privacy, publicity rights, or intellectual property rights (including any User Content submitted by you); (ii) your wrongful or improper use of the UMovers Platforms or the Services; (iii) any actual or alleged breach of the Terms or your representations, warranties, and obligations set forth in these Terms; (iv) your violation of any rights of another, including any of the Third Party Providers or any other User; (v) your violation of any law, rule, or regulation of the United States or any other country; and (vi) your negligence or willful misconduct (including any negligence or willful misconduct in packing any personal property for shipment or relocation by a Third Party Provider). This obligation and any other indemnification obligation set forth in these Terms will survive the termination of these Terms and/or your use of the UMovers Platforms.
- DISPUTE RESOLUTION
10.1 Informal Dispute Resolution Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against UMovers or any Third Party Provider or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the UMovers Platforms; or your order for, receipt of, or the performance of the Services (collectively, the “Disputes”). The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to UMovers.
If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and UMovers, provided, however, that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and UMovers are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and UMovers otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of Sections 10.2 through 10.7 hereof will be deemed void and severable. Except as provided in the preceding sentence, Section 10 of these Terms (and each of its respective subparts) will survive any termination of this agreement.
10.3 Arbitration Rules and Governing Law
The arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by Section 10 hereof (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of Virginia.
10.4 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf.) The written Demand for Arbitration shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to UMovers at the following address: Legal Department, UMovers LLC, 120 Minor Road, Charlottesville, VA, 22903
10.5 Arbitration Location and Procedure
Unless you and UMovers agree otherwise, the arbitration will be conducted in Charlottesville, Virginia. If your claim does not exceed $10,000, then, the arbitration will be conducted solely on the basis of documents you and UMovers submit to the arbitrator unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10.6 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with Sections 8, 9, and 10 hereof (and their respective subparts), including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Except where the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), UMovers will pay for the costs of the arbitration, including the arbitrator’s fees and expenses, the cost of the arbitration site, and the portion of the filing fee that exceeds the filing fee then in effect for filing civil actions in the United States District Court for the Eastern District of Virginia, if you are the claimant. In all other respects, the parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.
- OTHER THIRD PARTY INTERACTIONS; DISCRIMINATION
11.1 Other Third Parties
While using the UMovers Website, and/or any other UMovers Platform and/or while requesting or receiving Services, you may enter into correspondence with or purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the UMovers Website, and/or the other UMovers Platforms. Any such activity and any associated terms, conditions, warranties, or representations are solely between you and the applicable third party. UMovers and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. UMovers does not endorse any sites on the internet that are linked through the UMovers Website, and in no event shall UMovers or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party service providers. UMovers provides the UMovers Website and Services to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party service providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and UMovers disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.
You agree that you will not use the UMovers Platforms to engage in any form of discrimination or harassment, including when providing any ratings or other feedback following completion of the Services by any Third Party Provider. Specifically, you agree that you will not discriminate against or harass any User or Third Party Provider on the basis of any such User or Third Party Provider’s race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws. If you are not able to comply with this Section 11.2, you may not use any of the UMovers Platforms.
- MISCELLANEOUS PROVISIONS
13.1 Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any conflict of law principles.
13.2 Claims of Copyright Infringement
Claims of copyright infringement should be sent to UMovers’s designated agent. Please e-mail firstname.lastname@example.org for more information.
UMovers may give notice to you by means of a general notice on the UMovers Website, by electronic mail to the e-mail address or addresses you have provided to UMovers, by facsimile transmission, or by written communication sent by overnight courier service, first class mail, return receipt requested, or certified or registered mail to the address or addresses you have provided to UMovers. Unless otherwise provided in another Section of these Terms, you may give notice to UMovers by first class mail, return receipt requested, or certified or registered mail to: Legal Department, UMovers LLC, 120 Minor Road, Charlottesville, VA, 22903. Permitted notices shall be deemed effective, as applicable, (i) 12 hours after sending, if sent by e-mail, unless the sender receives notice of failed delivery, (ii) the day notice is received if notice is given by facsimile, (iii), on the first business day after the date of sending via overnight delivery service if notice is given by such a delivery service, or (iv) the fourth business day after notice is deposited in the United States mail, if notice is given by United States certified, registered, or first class mail.
13.4 Electronic Communications
You consent to receive communications from UMovers in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that UMovers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
These Terms shall be binding upon and inure to the benefit of the parties to this agreement and their respective successors and permitted assigns. You may not assign these Terms without UMovers' prior written approval. UMovers may assign these Terms without your consent, including, without limitation, to a subsidiary or affiliate or a successor-in-interest in connection with a change in control (whether by merger, sale of stock or assets, consolidation, reorganization, or otherwise). Any purported assignment in violation of this section shall be void.
13.6 Independent Contractor
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, UMovers or any Third Party Provider as a result of these Terms, your use of the UMovers Platforms, or your receipt of any Services.
If any provision (or portion of any provision) of these Terms is determined to be invalid, illegal, or otherwise unenforceable to any extent in any context, such invalidity shall not affect the validity or operation of any other provision of these Terms, and such invalid provision (or portion of any provision) shall be reformed to the maximum extent permitted by law to effectuate the intent of these Terms or, to the extent not reformable under applicable law, severed from these Terms with the remaining provisions of these Terms remaining in full force and effect.
13.8 No Waiver
No waiver of any of the provisions of these Terms shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of UMovers to insist upon the strict performance of any provision of these Terms or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. Rights and remedies under these Terms or under applicable law shall be cumulative, and the exercise of any particular right shall not be exclusive of any other right or remedy provided by these Terms or allowed under applicable law.
13.9 Complete Agreement
These Terms (and any other policies and terms referred to herein) constitute the entire agreement between you and UMovers with respect to the subject matter hereof and supersede any and all prior agreements, negotiations, representations, and promises, whether written or oral, between you and UMovers.
13.10 Contact Information
If you have any questions, complaints, comments, or concerns about the UMovers Website or the Services, please contact UMovers at:
120 Minor Road
Charlottesville, VA, 22903