iHAULIT TERMS OF SERVICE
Last Revised: September 14, 2015
Welcome to IHaulit—the app from IHaulit, Inc. ("IHaulit," "we," "us," or "our") that connects you with vehicle owners (each, a "Driver") who will move your stuff wherever you want.
These Terms of Service ("Terms") apply to your access and use of the mobile application (the "App"), website ("Site") and other online products and services (collectively, the "IHaulit Platform") of IHaulit.
Accepting these Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE IHAULIT PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the IHaulit Platform. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the IHaulit Platform.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the IHaulit Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Description of the IHaulit Platform
Through the IHaulit Platform, you can submit a request (a "Request") for a Driver to pick up the item(s) you specify (each, an "Item") for loading, unloading, moving, hauling, packing, lifting, assembly or disassembly (the "Services"). You will receive price quote for the fee that will apply to completing your Request (the "Services Fee"). Once you submit the payment information for the Request, your Request will be sent out to our network of Drivers. You will receive a notification through the IHaulit Platform when a Driver has accepted your Request, and you will be able to communicate with that Driver through the IHaulit Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving, packing, or lifting of any Items, and that the performance of the Services by a Driver will not result in the violation of any third party's ownership or privacy rights.
For more information about the IHaulit Platform, please see our FAQs at http://iHaulit.com/faq.
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any IHaulit Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. IHaulit reserves the right to deny any account at our discretion.
Payment for Services
You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request and you and the Driver have verified that the Services are completed, you will be charged. An additional gratuity (a "Tip") to the Driver, will not be charged to your credit card. The fees for any additional services you may request is between you and the driver.
You agree to make all payments to the Driver through the IHaulit Platform and will not pay any Driver in cash or means other than directly through the IHaulit Platform.
Right to Use the IHaulit Platform
On the condition that you fully comply with these Terms, IHaulit grants you a limited, nonexclusive, non-transferable and revocable license to access and use the IHaulit Platform for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by IHaulit that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the IHaulit Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the IHaulit Platform, (c) disassemble, decompile or reverse engineer any of the software components of the IHaulit Platform, (d) copy, frame or mirror any part of the IHaulit Platform, (e) interfere with or disrupt the integrity or performance of the IHaulit Platform, or (f) attempt to gain unauthorized access to the IHaulit Platform or its related systems or networks.
Prohibited Use of the IHaulit Platform
You may not post or otherwise make available on or through the IHaulit Platform any of the following:
Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
Content that is libelous, defamatory, abusive, offensive or hateful;
Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
Viruses, corrupted data or other harmful, disruptive or destructive files or code;
Content that, in IHaulit's judgment, is objectionable, may restrict or inhibit another from enjoying the IHaulit Platform or may expose IHaulit or users of the IHaulit Platform to harm or liability of any type; and/or
Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the IHaulit Platform or other users:
Use the IHaulit Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the IHaulit Platform or that could damage, disable, overburden or impair the functioning of the IHaulit Platform;
Collect any personal information about other users;
Intimidate, threaten, stalk, bully or otherwise harass other users;
Post spam or commercial messages through the IHaulit Platform;
Create an account or submit a Request if you are not over 13 years of age;
Use the IHaulit Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the IHaulit Platform, its users, or third parties.
Your use of the IHaulit Platform is at your own risk. IHaulit is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, IHaulit is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.
Disputes between You and a Driver
The IHaulit Platform is merely a neutral means of connecting you with Drivers. We do not represent or warrant that any Driver will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Driver. IHaulit is not responsible for the replacement or repair of any of your personal property that may be damaged by a Driver while performing the Services.
Please report any suspected illegal or unethical behavior by a Driver during the performance of any Services to: email@example.com.
Reporting and Removal
IHaulit users may report content to IHaulit that they think violates these Terms, and IHaulit may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, IHaulit has adopted a policy of terminating, in appropriate circumstances and at IHaulit's sole discretion, subscribers or account holders who are deemed to be repeat infringers. IHaulit may also at its sole discretion limit access to the IHaulit Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the IHaulit Platform infringes upon any copyright that you own or control, you may file a notification with IHaulit's Designated Agent as set forth below:
Designated Agent: IHaulit, Inc.
Address of Designated Agent: 295 Matfield Street, West Bridgewater, MA 02379
Email Address of Designated Agent: firstname.lastname@example.org
Phone number of Designated Agent: 844-428-5482
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by IHaulit or the alleged infringer as the result of IHaulit relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
As between you and IHaulit, all information, materials and content of the IHaulit Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by IHaulit or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the IHaulit Platform. IHaulit reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of IHaulit any and all moral rights that you may possess in or to any Requests.
Any suggestions, comments or other feedback you give us about the IHaulit Platform (the "Feedback") will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
By accepting these Terms or using the App you affirmatively consent to IHaulit's collection, use, disclosure and storage of your location information. You may revoke your consent with respect to IHaulit's collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, IHaulit will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, IHaulit will resume the collection of location information.
IHaulit takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
EXCEPT AS REQUIRED OTHERWISE OF IHAULIT BY APPLICABLE LAW, THE IHAULIT PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE IHAULIT PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IHAULIT PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY DRIVERS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL IHAULIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE IHAULIT PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY DRIVERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF IHAULIT 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 LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF IHAULIT AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the IHaulit Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your IHaulit account.
Third Party Software
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Changes to the IHaulit Platform
IHaulit reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the IHaulit Platform and/or any features, information, materials or content on the IHaulit Platform with or without providing notice to you. IHaulit will not be liable to you or any third party for any changes or discontinuance of the IHaulit Platform or any part of the IHaulit Platform.
Consent to Electronic Communications
By using the IHaulit Platform, you agree that we may communicate with you electronically regarding your use of the IHaulit Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Suspension and Termination
IHaulit may suspend or terminate your rights to access or use the IHaulit Platform (including the App) for any reason or for no reason at all and with or without notice at IHaulit's discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH IHAULIT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM IHAULIT.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the IHaulit Platform, you and IHaulit agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Seattle, Washington. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and IHaulit are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and IHaulit will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Seattle, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the IHaulit Platform.
Enforcement of these Terms is solely at IHaulit's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the IHaulit Platform and the Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or send a letter to:
295 Matfield St.
West Bridgewater, MA 02379
Notice Regarding Apple
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. ("Apple") and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and IHaulit only, and not Apple; (c) IHaulit, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and IHaulit, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.