LAST MODIFIED: 12/2/2019
1. CONTRACTUAL RELATIONSHIP
The terms and conditions stated herein (collectively, the “Terms” or the “Agreement”) constitute a legal agreement between you and Heft Inc. (“Heft”), a corporation organized under the laws of Washington. In order to access and utilize the labor and/or transportation services (“Services”) offered through the communications platform via the website (heft moving.com, the “Website”) developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Heft Inc. (or its affiliated company), you (hereinafter referred to as “you” or “User”) must agree to the terms as addressed herein. By requesting or receiving any Services, by Website or other means, you hereby expressly acknowledge and agree to be bound by this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.heftmoving.com/terms-of-service/.
In certain situations, the Services may require supplemental terms, such as policies for a particular event, activity or promotion. These supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail over these Terms only with respect to the applicable Services.
While Heft Inc. predominately operates as an authorized property broker providing communication platforms (the “Communication Platforms”) that facilitate a connection between you and Third Party Providers (as defined in Section 2 below) performing the Services, on occasion Heft Inc. may offer to perform the Services itself as an authorized household goods motor carrier when a third party provider is not available to perform the Services. You acknowledge and agree that when Heft Inc. offers to perform the Services itself with respect to a particular shipment as a motor carrier, and you accept that offer, the terms and conditions that will apply to the particular shipment are limited to those terms and conditions set forth in Appendix A of this Agreement, and not these terms and conditions. Otherwise, you acknowledge and agree that when Heft Inc. arranges for a third party provider to perform the transportation services with respect to a particular shipment or arranges for a third party provider to perform only labor services with respect to a particular move, Heft Inc. is acting in its capacity as a broker (as opposed to a transportation provider) and the terms and conditions set forth in Appendix A of this Agreement will not apply to that particular shipment or arrangement.
2. THE SERVICES
When acting as a property broker, you acknowledge Heft Inc. does not and is not authorized to provide household goods brokerage services or otherwise arrange for the transportation of household goods. Accordingly, when acting as a property broker, Heft Inc. does not arrange for full service moving or other specialized services and Heft Inc. will not arrange for your cargo to be transported by a motor carrier providing household good related services. Rather, Heft Inc. provides communication platforms (the “Communication Platforms”) that facilitate a connection between You, the user of the Services, and Third Party Providers, which includes both (i) third party labor providers (e.g. lumpers) affiliated with Heft Inc. and (ii) independent for-hire property motor carriers under agreement with Heft Inc., to arrange and schedule labor and property transportation services performed by such Third Party Providers and NOT Heft Inc.. Heft Inc. facilitates the Services and connects Users with Third Party Providers, but does not serve as an authorized transportation provider when acting in its capacity as a broker, and has no responsibility for any transportation or labor services provided on your behalf by Third Party Providers. Subject to the terms of this Agreement the Communication Platforms may be used by you to request and schedule services with Third Party Providers.
In certain situations, Heft Inc. may arrange for the Services to be performed for office-to-office or business-to-business moves (i.e. commercial moves). The commercial moves arranged by Heft Inc. may require supplemental terms, which will be disclosed to you in connection with the commercial moves. Any supplemental terms for arranging for the commercial moves are in addition to, and shall be deemed a part of, these Terms for purposes of the applicable Services. In the event of a conflict between any supplemental term and these Terms, the supplemental terms shall prevail over these Terms only with respect to the applicable Service.
3. RESTRICTIONS AND AUTHORIZATIONS ON USE OF CONTENT AND LICENSES
3.1. TEXT MESSAGING & PHONE CALLS
By requesting services you consent to Heft’s use of (1) the mobile phone number provided by you for calls and texts in order to perform and improve upon the Services and/or (2) the email address provided by you for emails in order to perform and improve upon the Services. Heft will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages, calls or emails from us by emailing support@heftmoving.com.
3.2. DENIAL, TERMINATION, AND SUSPENSION OF THE SERVICES
Heft Inc. may deny, terminate or suspend your right to use the Services at its sole discretion by providing you with notice of such denial, termination or suspension, and such notice will be effective immediately upon delivery.
All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the denial, expiration, termination or suspension of these Terms.
4. PAYMENT
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received services obtained through your use of the Services by the Third Party Providers, Heft Inc. will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent, using the preferred payment method designated by you in your Account. Heft Inc. will send you a receipt by e-mail. Payment of the Charges by Heft Inc. to a Third Party Provider, shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Heft Inc..
Heft Inc. reserves the right to revise Charges for any or all aspects of the Services at any time in Heft Inc. sole discretion (note, pricing information published on the website may not reflect the actual price of the Services). Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase from time to time, including, but not limited to, times of high demand of the Services. Heft Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services from a Third Party Provider at any time prior to their arrival provided that you will be responsible to pay a cancellation fee or rescheduling fee as provided in Heft Inc. cancellation policy on the Website.
Heft Inc. may, at its sole discretion, provide promotional offers (e.g. promotional codes) with varying features and rates to any User. These promotional codes, unless made to you, shall have no bearing on your offer or contract. The promotional codes may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Heft Inc. Promotional codes may be disabled by Heft Inc., at its sole discretion, without liability to Heft Inc.. Promotional codes may only be used pursuant to the specific terms that Heft Inc. establishes for such promotional offers. Promotional codes are not valid for cash and may expire prior to Your use. Heft Inc. reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Heft Inc. determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal or in violation of the applicable promotional code terms or these Terms.
This payment structure is intended to fully compensate the Third Party Provider for the Services provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with Services obtained through the Communication Platforms, whether through the Website and/or in cash, you are under no obligation to do so.
5. WARRANTIES AND REPRESENTATIONS
By using the Website, and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the requested Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website, and/or request Services. Without limiting the foregoing, the Website, and Services are not available to children (persons under the age of 18). By using the Website, and/or requesting Services, you represent and warrant 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 the property being shipped under this Agreement; (4) you have been advised that you should obtain adequate insurance to protect you from loss or damage to your personal property items; and (5) you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement and your participation in using the Application, Website, and/or requesting Services is for your personal use. You may not assign or otherwise transfer your account to any other person or entity. By using the Application, Website, and/or requesting Services, you agree to comply with all Applicable Laws (defined in Section 6).
6. COMPLIANCE WITH APPLICABLE LAWS
By using the Website, and/or requesting Services and in accordance with any applicable federal, State, local, Native American tribal, and foreign authorities, State, provincial, or local highway safety, vehicle inspection, vehicle maintenance, traffic, road, food and health, or other laws and regulations (collectively, “Applicable Law”), you agree that (1) you will only use the Website, and/or request Services for lawful purposes; (2) you will not use the Website, and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the Website, 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 the Website and/or impair Services in any way whatsoever; (6) you will not copy, or distribute the or Website or other content without written permission from Heft Inc.; (7) you will only use the Website, and/or request Services for your own use and will not resell it to a third party; (8) you will keep secure and confidential your account password or any identification Heft Inc. provides you that allows access to the Website, and Delivery Services; (9) you will provide us with whatever proof of identity Heft Inc. or a Third Party Provider may reasonably request; and (10) you will only use an access point or 3G data account (AP) which you are authorized to use.
7. PROHIBITED PROPERTY AND HAZARDOUS SUBSTANCES
Unless the parties agree otherwise in writing, you agree not to use the Website, and/or request the Services for the shipment of the following items (collectively, “Prohibited Property”):
Perishable Items, Alcoholic Beverages and Other Food Related Items
Frozen foods, open/unused foods, plants, produce, refrigerated foods, alcoholic beverages, cooking and cleaning liquids, living things, any commodities set forth in 49 U.S.C. § 13506(a)(6), and similar items to those set forth herein. etc. You may want to consider transporting these items in your personal vehicle.
Prohibited by Law
Any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials (i.e., drugs or drug paraphernalia, stolen items, illegal items, etc.)
Unsanitary or Unsafe Conditions
Personal property that is located in an environment or structure that does not meet cleanliness standards and/or poses a potential health risk (i.e., unfinished attics, hoarding scenarios, animal waste, flooded or recently flooded locations, etc.) or personal property that does not meet cleanliness standards and/or poses a potential health risk.
Dangerous Items
Common dangerous items include but are not limited to weapons/firearms, gun safes, ammunition, explosives, flammable liquids (i.e., propane/gasoline or fuel tanks, paint), etc. You agree to empty all Gas-powered equipment or motorized vehicles prior to your move.
Oversized Items
Common oversized or extremely heavy items can include but are not limited to: musical equipment (pianos, organs), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc.
- Weight limitations: maximum of 300 lbs. per item (requiring 3 laborers at 100 lbs. max per person)
- Size limitations: Third Party Providers may require that items exceeding clearance of hallways, stairways, or doorways be disassembled upon arrival.
In no event shall Heft Inc. (or its affiliates) or any Third Party Provider be liable for loss of or damage to any Prohibited Property described in this Section regardless of whether an action is brought in tort, contract, or under any other theory.
8. PROPERTY DAMAGES; CLAIMS PROCESS
8.1. HEFT’S LIABILITY ARISING OUT OF THE SERVICES PROVIDED BY HEFT’S AFFILIATED THIRD PARTY PROVIDERS
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. If the damage, loss, shortage, or injury to either the goods being handled by Heft Inc. hereunder (“your personal property items”) or other property occurs when the personal property items (as cargo) are in transit, or is otherwise caused by an unaffiliated Third Party Provider, Heft Inc.’s liability for such damage, loss, shortage, or injury will be as set forth in Section 8.2 of this Agreement and such damage, loss, shortage, or injury will not be covered by this Section. For the purposes of this Agreement, “in transit” means the personal property items are moving from one place to another on equipment being operated by an unaffiliated Third Party Provider who performs the transportation services. If the damage, loss, shortage, or injury to either your personal property items or other property is caused by the negligent act or omission and/or the intentional misconduct of a Heft’s affiliated Third Party Provider performing labor services, or if you and Heft have agreed that Heft will furnish the Services directly and not through a Third Party Provider, then, except when the last paragraph of this Section 8.1 applies, Heft shall assume liability for your personal property items and other property as set forth in this Section(e.g. Section 8.1).
If the damage, loss, shortage, or injury to either your personal property items or other property occurs when the personal property items are being loaded or unloaded from the equipment or is otherwise caused by a Heft’s affiliated Third Party Provider performing labor services, Heft shall assume liability for your personal property items of up to seventy (70) cents per pound per item damaged (the “Limited Valuation Coverage”), provided that Heft’s maximum liability per shipment shall not exceed $2,000. Please note that under the Limited Valuation Coverage, claims are settled based on the weight of the item. For example, if a 10-pound printer, valued at $250, were damaged, Heft would be liable for no more than $7.00 (10 pounds multiplied by 70 cents). When a shipment is released to a valuation of 70 cents per pound per item, each shipping piece or package and the contents thereof shall constitute one item, except that component parts of any single item taken apart or knocked down for handling or loading in the vehicle shall constitute one item for purposes of determining Heft maximum liability under the Limited Valuation Coverage.
In addition to the Limited Valuation Coverage provided by Heft, Heft may, at its sole discretion, provide you with the opportunity to protect your personal property items from a negligent act or omission and/or intentional misconduct of a Heft’s affiliated Third Party Provider performing labor services by providing you with an option to purchase up to $2,000.00 in additional valuation coverage per shipment (“Heft Protection Plan”) for the amount published on the Website. Under the Heft Protection Plan, if offered to you, Heft will reimburse you for damage to your personal property items and/or other property that is caused by the negligent act or omission and/or intentional misconduct of a Heft affiliated Third Party Provider performing labor services at a rate to be determined in accordance with the terms set forth in this Section up to $2,000 per shipment. If the Heft Protection Plan is offered to you when requesting the Services, you must indicate whether you desire to participate in the Heft Protection Plan by either selecting the appropriately labeled box located in the checkout process on the Website, or by choosing to purchase the Heft Protection Plan over the phone with a customer service representative during the booking process. Please note that you will not be deemed to have elected to participate in Heft Protection Plan solely by agreeing to these Terms. If offered to You, the Heft Protection Plan is offered solely in order to effectuate your use of the Services. The Heft Protection Plan may be added or removed by you up to the day before the shipment date. THIS PROTECTION OFFERED BY HEFT IS AN ALLOCATION OF HEFT’S LIABILITY– IT IS NOT INSURANCE.
PLEASE BE AWARE THAT NO MATTER THE TOTAL VALUE OF YOUR JOB OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, OR THE NUMBER OF ITEMS CONTAINED IN YOUR JOB, HEFT’S MAXIMUM LIABILITY TO YOU FOR DAMAGE IS $0.60/LB/ITEM, UNLESS YOU ELECT TO PURCHASE HEFT PROTECTION PLAN, IN WHICH CASE HEFT’S MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO THE LESSER OF THE REPAIR VALUE OF THE PERSONAL PROPERTY ITEMS, THE REPLACEMENT VALUE OF THE PERSONAL PROPERTY ITEMS, OR $2,000.00. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HEFTS LIABILITY TO YOU FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY EXCEED $2,000 FOR ONE SHIPMENT REGARDLESS OF WHETHER YOU HAVE SELECTED THE LIMITED VALUATION COVERAGE OR HEFT PROTECTION PLAN. IN ADDITION, YOU FURTHER AGREE THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH HEFT’S MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO HEFT’S OWN NEGLIGENCE (OR THE NEGLIGENCE OF ITS AFFILIATES, EMPLOYEES, OR AGENTS).
Under Heft Protection Plan, if personal property items are damaged or destroyed, Heft will, in its sole discretion, either, subject to its maximum liability of $2,000 per shipment: (i) repair the item to the extent necessary to restore the item to the comparable condition it was when it was received by Heft, (ii) pay you a cash settlement for the repairs, or (iii) pay you a cash settlement for the lesser of the purchase price, the depreciated value, or current replacement of item of like kind and quality.
If offered to you, your election to purchase Heft Protection Plan from Heft is entirely optional and you may obtain other additional protection for your items from an alternative source or obtain none at all. If you elect to add Heft Protection Plan, you hereby agree that any claims against or disputes with any person or entity arising out of your election to participate in Heft Protection Plan MUST be pursued in arbitration, pursuant to the terms set forth in Section 10 of this Agreement, not in any court proceeding, and MUST be pursued on an individual basis only, not in any form of class or representative action.
You acknowledge and agree that the fulfillment by Heft of its obligations under Section 8.1 of this Agreement satisfies any obligation Heft or any Heft affiliated Third Party Provider (regardless of whether the Third Party Provider performed labor or transportation services) may have for any damage, loss, shortage or other injury to your personal property items and/or other property that is caused by the negligent act or omission and/or intentional misconduct of a Heft affiliated Third Party Provider performing labor services.
You are responsible for filing a claim with Heft under the Heft Protection Plan or otherwise alleging Heft’s liability for any loss or damage to your personal property items or other property within 3 business days of the date of delivery of the shipment in question (or, if none, within 3 business days of the date the shipment should have been delivered). Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Heft of any and all liability with respect thereto. All claims must be submitted to Heft Support via support@heftmoving.com and must be fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. When submitting a claim to Heft’s Support Team, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. The claims process may include communicating with the Third Party Provider in order to settle any disputes. Heft may, in its sole discretion, and without liability to User, terminate a claim if such claim is not resolved within thirty (30) days of receipt by Heft or if User, in Heft’s sole discretion, fails to cooperate with Heft when Heft is assessing the claim. Claims for items that were not professionally and adequately wrapped, boxed, and packed by anyone other than the Heft affiliated Third Party Provider will not be accepted. Only the individual that booked the job may file a claim. Claims for items that have already been repaired or replaced by you prior to being reviewed by a Quality Team Representative will not be accepted and neither Heft nor the affiliated Third Party Provider will bear any liability for such claims.
The above terms and conditions will not apply when you and Heft have agreed that Heft will perform services as a household goods carrier and different terms are required by applicable law and regulations. In such cases, additional information will be furnished regarding the applicable provisions governing valuation and Heft’ liability (namely those terms and conditions set forth in Appendix A), including your elections with regard thereto.
8.1.A. HEFT’ LIABILITY/DAMAGE EXCLUSIONS
SUBJECT TO HEFT MAXIMUM LIABILITY SET FORTH IN SECTION 8.1, YOU AGREE AND ACKNOWLEDGE THAT HEFT’ (OR ITS AFFILIATES) LIABILITY FOR ANY DAMAGE TO THE FOLLOWING ITEMS WILL BE AS SET FORTH IN THIS SECTION REGARDLESS OF WHETHER THAT DAMAGE WAS CAUSED BY THE NEGLIGENCE OF HEFT (OR ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES) OR A THIRD PARTY PROVIDER
Pre-Existing Damages
Heft (or its affiliates) is not responsible for the repair or reimbursement of pre-existing damages to personal property. Pre-existing damages are assessed and determined at our discretion before and/or after the move.
Natural Stone Materials
Marble, slate, and any other form of stone material items are prone to weakness and cracking overtime. Heft (or its affiliates) will not be responsible for damaged items made exclusively of (or a composite of) natural materials such as these.
Wood Floors
In the event that wood floors are damaged, Heft (or its affiliates) will only repair or replace the local area damaged, but cannot guarantee an exact match to the original finish. Heft cannot be responsible for the entire cost of the floor to be resurfaced or refinished.
Electronics and Appliances
Heft (or its affiliates) will not be responsible for electronics or appliances that fail to operate after moving and/or reconnecting. Third Party Providers may require all electronics to be properly boxed by customer before moving. Third Party Providers may require all appliances to be disconnected, uninstalled, and drained (if necessary) by the customer prior to move. Heft (or its affiliates) will not be responsible for any structural plumbing, electrical systems or water damage associated with electronics or appliances handled.
Exteriors
Heft (or its affiliates) will not be responsible for damage to lawns, landscaping, sprinklers, paved sidewalks and driveways not designed to handle standard box truck weight/traffic.
Specialty Items
Heft (or its affiliates) will not be responsible for damage to irreplaceable, one-of-a kind, or highly valuable items (i.e., valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, musical instruments, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced). You may want to consider packing and transporting these items in your personal vehicle.
Customer Participation
For your safety, Third Party Providers may prohibit customers from actively participating in the moving process. The Third Party Provider’s may insurance prohibits them from allowing customers onto truck ramps, lift gates, or inside of the truck. Heft (or its affiliates) will not be responsible for injuries or damages that occur due to your or any other non-customer’s actions.
8.2. HEFT’ LIABILITY FOR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISING OUT OF THE TRANSPORTATION SERVICES PROVIDED BY UNAFFILIATED THIRD PARTY PROVIDERS
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Heft will cause unaffiliated Third Party Providers performing transportation services (namely the third party motor carriers involved in the shipment) to agree to be liable for the full replacement value of the cargo lost, damaged, delayed, or destroyed, except that such Third Party Providers’ full value liability shall not exceed $100,000 (U.S. Dollars) per shipment. Heft makes no express or implied warranties or representations regarding the amount of insurance maintained by Third Party Providers, including whether such insurance amount is sufficient to cover this liability. Heft may facilitate claims filing and processing with the unaffiliated Third Party Providers performing transportation services and may take responsibility for the payment of the claim if such Third Party Providers fail to timely pay the claim so long as you submit to Heft within one (1) week of the date of delivery, a written claim to Heft Quality Team via Support@heftmoving.com, fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. Heft may, in its sole discretion and without liability to User, discontinue pursuit of claims with the applicable Third Party Provider if such claim is not resolved within twenty four (24) hours of receipt by Heft or if User, in Heft’ sole discretion, fails to cooperate with Heft in filing claims with the applicable Third Party Provider. Only the individual that booked the job may file a claim. Claims for items that have already been repaired or replaced by you prior to being reviewed by a Quality Team Representative will not be accepted and neither Heft nor the Third Party Provider will bear any liability for such claims.
When the damage or loss to either your personal property items or other property occurs when the items are in transit or is otherwise caused by an unaffiliated Third Party Provider performing transportation services, you acknowledge and agree that Heft shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by Heft’ negligent acts or omissions, in which case, Heft’ liability shall be limited to the Charges assessed by Heft and paid by you with respect to the shipment at issue. You are responsible for filing a claim with Heft alleging Heft’ liability for cargo loss and damage within one (1) week of the date of delivery of the shipment in question (or, if none, within one (1) week of the date the shipment should have been delivered). Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Heft of any and all liability with respect thereto. In no event will Heft have any liability arising from or related to a Third Party Provider’s refusal to accept full value liability or a Third Party Provider otherwise limiting its liability for cargo loss and damage. Heft shall be under no obligation to arrange service in accordance with any set pick-up or delivery schedule. Any lawsuit arising from such claim must be commenced within eighteen (18) months of denial of all or any part of such claim. You acknowledge and agree that the sole liability of Heft with respect to loss, damage or delay to cargo shall be as set forth in this provision and you warrant and represent that if you are not the owner of such cargo, you hold authority from such owner to and do hereby bind the owner to the provisions of these Terms.
When submitting a claim to Heft’ Quality Team, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. The claims process may include communicating with the Third Party Provider in order to settle any disputes. Claims for items that were boxed and packed by anyone other than the Third Party Provider will not be accepted.
8.3 HEFT’ LIABILITY FOR INSTALLATIONS
Additionally, Heft does not arrange for the Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators and electrical equipment. You acknowledge that if a Third Party Provider installs or uninstalls one of the items listed in the immediately preceding sentence, whether accidentally or intentionally, Heft is not involved and WILL NOT PAY ANY CLAIM OR OTHERWISE BE LIABLE IN ANY MANNER WITH RESPECT TO ANY DAMAGE CAUSED BY THE THIRD PARTY PROVIDERS ACTIONS.
9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
9.1. DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND HEFT (AND THE THIRD PARTY PROVIDERS) EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. HEFT (AND THE THIRD PARTY PROVIDERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEFT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
BY USING 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 COMMUNICATIONS PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT. HEFT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. HEFT SHALL NOT BE DEEMED TO BE AN AGENT OR A PARTNER OF ANY THIRD PARTY PROVIDER FOR ANY REASON. UNLESS OTHERWISE EXPRESSLY INDICATED, HEFT WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER.
YOU HEREBY WAIVE AND RELEASE HEFT (AND HEFT’ SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
9.2. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH BELOW AND THROUGHOUT ARE AN INTEGRAL PART OF AND THAT THE CHARGES REFLECT SUCH LIMITATIONS. IN NO EVENT SHALL HEFT (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE THIRD PARTY PROVIDERS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION, LOST DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF HEFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3. INDEMNITY
You agree to indemnify, defend, and hold harmless Heft (and its affiliates and each of their officers, directors, employees and agents) from and against any and all claims, damages, fines, judgments, penalties, demands, losses, liabilities, and other expenses (including attorneys’ fees), arising out of, caused by, or in connection with: (1) negligence, omission, or willful misconduct of you (or someone residing in your household or otherwise acting on your behalf); (2) your breach or violation of any provision of these Terms, the Terms of Use or the Privacy Policy; (3) your violation of any applicable law, rule, or regulation; (4) or your violation of the rights of any third party, including Third Party Providers.
10. DISPUTE RESOLUTION AND ARBITRATION
Any dispute arising out of or relating to this Agreement, whether based on contract, tort, or any other legal or equitable theory will be resolved as follows: Either party will notify the other party of the dispute, and provide a detailed description of the basis for the dispute as well as any relevant supporting documents. The parties will then attempt to resolve the dispute amicably. If the parties do not resolve the dispute within sixty (60) days of the initial dispute notice, either party may provide notice of its demand for formal dispute resolution through binding arbitration. You and Heft agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, or request for Services, whether existing at the time this Agreement is signed or arising out of or relating to any acts, omissions, conditions, or events during the term of this Agreement will be settled by binding arbitration, except 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 Heft are each waiving the right to a trial by jury or to participate as a plaintiff in any purported class action. THE PARTIES AGREE THAT NO CLASS-, COLLECTIVE-, CONSOLIDATED-, OR PRIVATE-ATTORNEY-GENERAL-REPRESENTATIVE ARBITRATION OF CLAIMS SHALL BE ALLOWED AND THAT THE ARBITRATOR IS NOT EMPOWERED TO CERTIFY, CONDUCT, OR AWARD RELIEF IN ANY SUCH ARBITRATION. This Section will survive any termination of this Agreement.
Any claim that all or part of the Class Action Waiver and/or Private-Attorney General Representative Waiver are invalid, unenforceable, unconscionable, void or voidable shall be made only by a court of competent jurisdiction and not by any arbitrator. In the event a court of competent jurisdiction finds the Class Action Waiver is unenforceable, the Class Action Waiver and/or Private-Attorney General Representative Waiver shall be severable from this Agreement and the claims must be litigated in a civil court of competent jurisdiction on an individual basis (e.g. not as a collective Action). In addition, the Class Action Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
You can decline this mandatory arbitration provision within 30 days of accepting these Terms by e-mailing us at Support@heftmoving.com using the e-mail address on your account with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
The arbitration will be administered by 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 this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. You and Heft agree to submit to the jurisdiction of a single neutral arbitrator selected by Heft in accordance with the AAA Rules. Unless the parties agree otherwise in writing, the place of arbitration shall be in Memphis, Tennessee.
Unless you and Heft otherwise agree, the arbitration will be held at a mutually convenient location in accordance with the rules then in effect of the American Arbitration Association. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Heft submit to the arbitrator, unless you request a hearing or 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.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Heft will pay all such fees unless 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)).
10.1. CHANGES
Notwithstanding the provisions of the modification-related provisions above, if Heft changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to these Terms), you may reject any such change by providing Heft written notice of such rejection by mail, hand delivery, or e-mail to: 109 N Main St Unit 1204, Memphis, TN 38103 or Support@heftmoving.com using the e-mail address associated with your Account, within 30 days of the date such change became effective, as indicated in the “Last Update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Heft in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
11. THIRD-PARTY INTERACTIONS
During use of the Website and/or requesting Services, you may enter into correspondence with, 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 Website and/or Services. Any such activity and any associated terms, conditions, warranties, or representations is solely between you and the applicable third party. Heft 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. Heft does not endorse any sites on the internet that are linked through the Website, and in no event shall Heft or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party service providers. Heft provides the Application and/or Website and Services to you pursuant to the terms and conditions of this Agreement. 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 Heft disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.
12. MISCELLANEOUS PROVISIONS
12.1. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles.
12.2. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to Heft’ designated agent, please e-mail Support@heftmoving.com for more information.
12.3. NOTICE
The Company may give notice by means of a general notice on the Communication Platforms, electronic mail to your e-mail address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail). You may give notice to Heft, with such notice deemed given when received by Heft, at any time by first class mail or pre-paid post. Please email Support@heftmoving.com to get the address information.
12.4. ELECTRONIC COMMUNICATION
You consent to receive communications from Heft in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Heft provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
12.5. ASSIGNMENT
This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors. You may not assign these Terms without Heft’ prior written approval. Heft may assign these Terms without your consent to: a subsidiary or affiliate; an acquirer of Heft’ equity, business or assets; or a successor by merger. Any purported assignment in violation of this section shall be void.
12.6. INDEPENDENT CONTRACTOR
No joint venture, partnership, employment, or agency relationship exists between you, Heft or any Third Party Provider as a result of these Terms or use of the Services.
12.7. SEVERABILITY
If any provision (including any sentence or part of a sentence) of this Agreement (including its appendixes and addendums) is deemed invalid for any reason whatsoever, this Agreement shall be void only as to the provision, and this Agreement shall remain otherwise binding between the parties. Any provision voided by operation of the foregoing shall be replaced with provisions that shall be as close to the parties’ original intent as permitted under Applicable Law.
12.8. WAIVER
No waiver of any of the provisions of this Agreement 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 either party to insist upon the strict performance of any provision of this Agreement 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. The rights and remedies of USER under this Agreement or under Applicable Law shall be cumulative, and the exercise of any of them shall not be exclusive of any other right or remedy provided by this Agreement or allowed under Applicable Law.
12.9. COMPLETE AGREEMENT
This Agreement (including the appendixes and any addendums) shall constitute the entire agreement between You and Heft pertaining to the subject matter contained herein and fully replaces and supersedes all prior and contemporaneous agreements, representations, and understandings.
12.10. CONTACT INFORMATION
If you have any questions, complaints, comments, or concerns about the Services contact us at:
Heft Inc.
1806 23rdAve
Unit 212
Seattle, WA 98122
Support@heftmoving.com