TERMS OF SERVICE

Last Modified: 9/9/2017

1. CONTRACTUAL RELATIONSHIP

The terms and conditions stated herein (collectively, the “Terms” or the “Agreement”) constitute a legal agreement between you and Bellhops, Inc. (“Bellhops”), a corporation organized under the laws of Delaware. In order to access and utilize the labor and/or transportation services (“Services”) offered through the communications platform via the mobile application (the “Application”) and related website (https://getbellhops.com, the “Website”) developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by Bellhops (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, and downloading, installing or using the Application, 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.getbellhops.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 Bellhops 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 Bellhops 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 Bellhops 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 Bellhops 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, Bellhops 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 Bellhops 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, Bellhops does not arrange for full service moving or other specialized services and Bellhops will not arrange for your cargo to be transported by a motor carrier providing household good related services. Rather, Bellhops 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 Bellhops and (ii) independent for-hire property motor carriers under agreement with Bellhops, to arrange and schedule labor and property transportation services performed by such Third Party Providers and NOT Bellhops. Bellhops 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, Bellhops 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 Bellhops 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. LICENSE & RESTRICTIONS

Subject to your compliance with the Terms and Bellhops’ policies, Bellhops grants you a limited, non-exclusive, non-transferable, and revocable license to use the Communication Platforms solely for their intended purposes, including (1) to view, download, and print any Bellhops’ proprietary data solely for your personal and non-commercial purposes, and (2) to view any User Content (defined below) which you are permitted access solely for non-commercial purposes. You agree not to copy, download, use, modify, redesign, reconfigure, distribute, sell or lease the Communication Platforms or any part thereof. Unless expressly authorized by Bellhops in writing, you agree not to reverse engineer or attempt to extract the source code of the Website, the Application, or the Communication Platforms or create or attempt to create modifications or derivative works from the object code or the underlying source code. You may only access the Communication Platforms through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt our Communication Platforms. Any rights not expressly granted herein are reserved by Bellhops. Additionally, you agree not to copy, use or remove any of Bellhops' company names, logos, product or service names, trademarks, or service marks.

3.2. OWNERSHIP

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content (collectively, “Proprietary Material”) that you see or read through the Communication Platforms is owned by Bellhops, excluding User Content (defined below) that Bellhops has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Bellhops owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. The Proprietary Material, the Communication Platforms and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain Bellhops' property. Neither these Terms nor your use of the Communication Platforms convey or grant to you any rights in or related to the Proprietary Material or the Communication Platforms except for the limited license granted above. Nor do these Terms or your use of the Communication Platforms grant you use or reference in any manner to Bellhops' company name, logos, product, and service names, trademarks, or service marks.

3.3. TEXT MESSAGING & PHONE CALLS

By creating an Account, using the Services or affirmatively agreeing to the Terms of Use, you affirmatively consent to Bellhops' 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. Bellhops 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 dingding@getbellhops.com.

3.4. USER PROVIDED CONTENT

Bellhops may, in Bellhops' sole discretion, permit you or other Users to submit, upload, publish or otherwise make available to Bellhops through the Application, and/or Website, textual, audio and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests and submissions of entries for competitions and promotions (collectively referred to as “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bellhops, you grant Bellhops a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bellhops' business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other third party.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Application and/or Website. Accordingly, You represent and warrant that (i) you either are the sole and exclusive owner of all User Content that you make available through the Application and/or Website or you have all rights, licenses, consents and releases necessary to grant Bellhops the license to the User Content as set forth above, and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bellhops' use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide on the Application and/or Website User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bellhops, in its sole discretion, whether or not such material may be protected by the law. Bellhops may, but shall not be obligated to, review, monitor, or remove User Content, at Bellhops' sole discretion and at any time, without notice to you. For additional restrictions on User Content, please see the Terms of Use.

User Content may contain information relating to reviews of specific Third Party Providers. Such reviews are opinions of the specific user and not the opinion of Bellhops, and have not been verified or approved by Bellhops. YOU AGREE THAT BELLHOPS IS NOT LIABLE FOR ANY USER CONTENT.

3.5. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Communication Platforms. Your mobile network's data and messaging rates and fees may apply if you access or use the Communication Platforms from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Communication Platforms and Applications and any updates thereto. Bellhops does not guarantee that the Communication Platforms, or any portion thereof, will function on any particular hardware or devices. In addition, the Communication Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. User further acknowledges and agrees that the Application and/or Website may, from time to time, be unavailable (e.g. due to schedule maintenance or system upgrades) and that Bellhops cannot, and does not, guarantee a specific or minimum availability of the Application and/or Website.

3.6. DENIAL, TERMINATION, AND SUSPENSION OF THE SERVICES

Bellhops 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, Bellhops 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. Bellhops will send you a receipt by e-mail. Payment of the Charges by Bellhops 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 Bellhops.

Bellhops reserves the right to revise Charges for any or all aspects of the Services at any time in Bellhops' 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. Bellhops 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 Bellhops’ cancellation policy on the Website.

Bellhops 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 Bellhops. Promotional codes may be disabled by Bellhops, at its sole discretion, without liability to Bellhops. Promotional codes may only be used pursuant to the specific terms that Bellhops establishes for such promotional offers. Promotional codes are not valid for cash and may expire prior to Your use. Bellhops reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Bellhops 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 Application, the Website and/or in cash, you are under no obligation to do so.

5. WARRANTIES AND REPRESENTATIONS

By using the Application, 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 Application, Website, and/or request Services. Without limiting the foregoing, the Application, Website, and Services are not available to children (persons under the age of 18). By using the Application, 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 Application, 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 Application, Website, and/or request Services for lawful purposes; (2) you will not use the Application, Website, and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the Application, 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 Application, Website and/or impair Services in any way whatsoever; (6) you will not copy, or distribute the Application or Website or other content without written permission from Bellhops; (7) you will only use the Application, 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 Bellhops provides you that allows access to the Application, Website, and Delivery Services; (9) you will provide us with whatever proof of identity Bellhops 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 Application, 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 Bellhops (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. BELLHOPS’ LIABILITY ARISING OUT OF THE SERVICES PROVIDED BY BELLHOPS’ 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 Bellhops 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, Bellhops’ 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 Bellhops’ affiliated Third Party Provider performing labor services, or if you and Bellhops have agreed that Bellhops will furnish the Services directly and not through a Third Party Provider, then, except when the last paragraph of this Section 8.1 applies, Bellhops 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 Bellhops’ affiliated Third Party Provider performing labor services, Bellhops 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 Bellhops’ 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, Bellhops 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 Bellhops maximum liability under the Limited Valuation Coverage.

In addition to the Limited Valuation Coverage provided by Bellhops, Bellhops 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 Bellhops’ 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 (“Bellhops Protection Plan”) for the amount published on the Website. Under the Bellhops Protection Plan, if offered to you, Bellhops 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 Bellhops 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 Bellhops Protection Plan is offered to you when requesting the Services, you must indicate whether you desire to participate in the Bellhops Protection Plan by either selecting the appropriately labeled box located in the checkout process on the Application, the Website, or by choosing to purchase the Bellhops 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 Bellhops Protection Plan solely by agreeing to these Terms. If offered to You, the Bellhops Protection Plan is offered solely in order to effectuate your use of the Services. The Bellhops Protection Plan may be added or removed by you up to the day before the shipment date. THIS PROTECTION OFFERED BY BELLHOPS IS AN ALLOCATION OF BELLHOPS’ 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, BELLHOPS' MAXIMUM LIABILITY TO YOU FOR DAMAGE IS $0.70/LB/ITEM, UNLESS YOU ELECT TO PURCHASE BELLHOPS PROTECTION PLAN, IN WHICH CASE BELLHOPS’ 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 BELLHOPS 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 BELLHOPS PROTECTION PLAN. IN ADDITION, YOU FURTHER AGREE THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH BELLHOPS’ MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO BELLHOPS’ OWN NEGLIGENCE (OR THE NEGLIGENCE OF ITS AFFILIATES, EMPLOYEES, OR AGENTS).

Under Bellhops Protection Plan, if personal property items are damaged or destroyed, Bellhops 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 Bellhops, (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 Bellhops Protection Plan from Bellhops 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 Bellhops Protection Plan, you hereby agree that any claims against or disputes with any person or entity arising out of your election to participate in Bellhops 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 Bellhops of its obligations under Section 8.1 of this Agreement satisfies any obligation Bellhops or any Bellhops 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 Bellhops affiliated Third Party Provider performing labor services.

You are responsible for filing a claim with Bellhops under the Bellhops Protection Plan or otherwise alleging Bellhops’ 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 Bellhops of any and all liability with respect thereto. All claims must be submitted to Bellhops Quality Team via quality@getbellhops.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 Bellhops' 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. Bellhops 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 Bellhops or if User, in Bellhops’ sole discretion, fails to cooperate with Bellhops when Bellhops is assessing the claim. Claims for items that were not professionally and adequately wrapped, boxed, and packed by anyone other than the Bellhops 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 Bellhops nor the affiliated Third Party Provider will bear any liability for such claims.

The above terms and conditions will not apply when you and Bellhops have agreed that Bellhops 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 Bellhops’ liability (namely those terms and conditions set forth in Appendix A), including your elections with regard thereto.

8.1.A. BELLHOPS’ LIABILITY/DAMAGE EXCLUSIONS

SUBJECT TO BELLHOPS MAXIMUM LIABILITY SET FORTH IN SECTION 8.1, YOU AGREE AND ACKNOWLEDGE THAT BELLHOPS’ (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 BELLHOPS (OR ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES) OR A THIRD PARTY PROVIDER

Pre-Existing and Minor Damages
Bellhops (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. Bellhops (or its affiliates) is also not responsible for the repair or reimbursement of minor dents and scratches to personal property that typically occur during a move.

Particle Board Furniture
Particle Board, Chip-Core, Pressboard, “Ready to assemble,” or “flat packed” furniture should be disassembled before moving according to the manufacturer’s instructions. Bellhops (or its affiliates) will not be responsible for damaged particle board furniture left assembled during transit.

Natural Materials
Marble, slate, and stone material items are prone to weakness and cracking overtime. Bellhops (or its affiliates) will not be responsible for damaged items made exclusively of (or a composite of) natural materials.

Wood Floors
In the event that wood floors are damaged, Bellhops (or its affiliates) will only repair or replace the local area damaged, but cannot guarantee an exact match to the original finish. Bellhops cannot be responsible for the entire cost of the floor to be resurfaced or refinished.

Electronics and Appliances
Bellhops (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. Bellhops (or its affiliates) will not be responsible for any structural plumbing, electrical systems or water damage associated with electronics or appliances handled.

Exteriors
Bellhops (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
Bellhops (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 insurance prohibits them from allowing customers onto truck ramps, lift gates, or inside of the truck. Bellhops (or its affiliates) will not be responsible for injuries or damages that occur your or any other non-customer’s actions.

8.2. BELLHOPS’ 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. Bellhops 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. Bellhops 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. Bellhops 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 Bellhops within six (6) months of the date of delivery, a written claim to Bellhops Quality Team via quality@getbellhops.com, fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. Bellhops 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 thirty (30) days of receipt by Bellhops or if User, in Bellhops’ sole discretion, fails to cooperate with Bellhops 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 Bellhops 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 Bellhops shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by Bellhops’ negligent acts or omissions, in which case, Bellhops’ liability shall be limited to the Charges assessed by Bellhops and paid by you with respect to the shipment at issue. You are responsible for filing a claim with Bellhops alleging Bellhops’ liability for cargo loss and damage within thirty (30) days of the date of delivery of the shipment in question (or, if none, within thirty (30) 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 Bellhops of any and all liability with respect thereto. In no event will Bellhops 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. Bellhops 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 Bellhops 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 Bellhops' 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 BELLHOPS’ LIABILITY FOR INSTALLATIONS

Additionally, Bellhops 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, Bellhops 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 BELLHOPS (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. BELLHOPS (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. BELLHOPS 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. BELLHOPS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. BELLHOPS SHALL NOT BE DEEMED TO BE AN AGENT OR A PARTNER OF ANY THIRD PARTY PROVIDER FOR ANY REASON. UNLESS OTHERWISE EXPRESSLY INDICATED, BELLHOPS WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER.

YOU HEREBY WAIVE AND RELEASE BELLHOPS (AND BELLHOPS’ 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 BELLHOPS (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 BELLHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3. INDEMNITY

You agree to indemnify, defend, and hold harmless Bellhops (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 Bellhops 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 Application, 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 Bellhops 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 dingding@getbellhops.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 Bellhops agree to submit to the jurisdiction of a single neutral arbitrator selected by Bellhops in accordance with the AAA Rules. Unless the parties agree otherwise in writing, the place of arbitration shall be in Chattanooga, Tennessee.

Unless you and Bellhops 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 Bellhops 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, Bellhops 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 Bellhops 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 Bellhops written notice of such rejection by mail, hand delivery, or e-mail to: 1110 Market Street, Suite 502, Chattanooga, TN 37402 or dingding@getbellhops.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 Bellhops 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. ACCESSING AND DOWNLOADING THE APP FROM iTUNES

The following applies to any mobile application, including without limitation the Application, accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that these Terms are concluded between you and Bellhops only, and not Apple, and Bellhops, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Bellhops and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bellhops.

You and Bellhops acknowledge that, as between Bellhops and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including but not limited to: product liability claims; any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

You and Bellhops acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Bellhops and Apple, Bellhops, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Bellhops acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other provision of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

12. THIRD-PARTY INTERACTIONS

During use of the Application, 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 Application, Website and/or Services. Any such activity and any associated terms, conditions, warranties, or representations is solely between you and the applicable third party. Bellhops 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. Bellhops does not endorse any sites on the internet that are linked through the Application and/or Website, and in no event shall Bellhops or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party service providers. Bellhops 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 Bellhops disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.

13. MISCELLANEOUS PROVISIONS

13.1. 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.

13.2. CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Bellhops' designated agent, please e-mail dingding@getbellhops.com for more information.

13.3. 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 Bellhops, with such notice deemed given when received by Bellhops, at any time by first class mail or pre-paid post. Please email dingding@getbellhops.com to get the address information.

13.4. ELECTRONIC COMMUNICATION

You consent to receive communications from Bellhops in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bellhops 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.

13.5. 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 Bellhops' prior written approval. Bellhops may assign these Terms without your consent to: a subsidiary or affiliate; an acquirer of Bellhops' equity, business or assets; or a successor by merger. Any purported assignment in violation of this section shall be void.

13.6. INDEPENDENT CONTRACTOR

No joint venture, partnership, employment, or agency relationship exists between you, Bellhops or any Third Party Provider as a result of these Terms or use of the Services.

13.7. 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.

13.8. 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.

13.9. COMPLETE AGREEMENT

This Agreement (including the appendixes and any addendums) shall constitute the entire agreement between You and Bellhops pertaining to the subject matter contained herein and fully replaces and supersedes all prior and contemporaneous agreements, representations, and understandings.

13.10. CONTACT INFORMATION

If you have any questions, complaints, comments, or concerns about the Services contact us at:

Bellhops

1110 Market Street, Suite 502

Chattanooga, TN 37402

dingding@getbellhops.com

APPENDIX A

1. CONTRACTUAL RELATIONSHIP

In accordance with Section 1 of the Agreement, the terms and conditions stated in this Appendix (“Appendix A”) will establish Bellhops’ and your obligations and maximum liability when you and Bellhops have agreed that Bellhops will perform the Services itself an authorized household goods carrier. ACCORDINGLY, THIS APPENDIX A IS A CONTRACT FOR MOVING SERVICES AND IS SUBJECT TO THE TERMS AND CONDITIONS ON THE FRONT AND BACK OF THIS DOCUMENT AND ANY ADDENDUM.

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, Appendix A for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and Appendix A, the supplemental terms shall prevail over Appendix A only with respect to the applicable Services.

2. THE SERVICES

When acting as a household goods motor carrier, Bellhops will provide moving services including the packing, loading, transportation, and unloading of your household goods, as is defined in applicable state law. Bellhops is a licensed household goods motor carrier where such licensing is required by applicable State law (including Texas DMV Certificate No. 007018347C). Unless otherwise agreed, in writing, Bellhops will not deliver the household goods at a location where you are not present.

3. DENIAL, TERMINATION, AND SUSPENSION OF THE SERVICES

Bellhops 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 this Appendix A shall continue in full force and effect subsequent to and notwithstanding the denial, expiration, termination or suspension of this Appendix A.

4. PAYMENT

You understand that use of the Services may result in payments by you for the Services you receive (“Charges”). The Charges are binding and are based upon the amount of hours it takes Bellhops to perform the Services at an hourly rate to be provided to you by Bellhops prior to Bellhops’ performance of the Services. After you have received the Services and confirmed the time spent by Bellhops, Bellhops will invoice and you will immediately pay all Charges for your use of the Services with the preferred payment method designated by you in your Account. Bellhops will send you a receipt by e-mail. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Bellhops.

Bellhops reserves the right to revise, in its sole discretion, Charges for any or all aspects of the Services at any time prior to you ordering the Services in Bellhops’ 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 for the Services. Bellhops 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 or reschedule your request for Services from Bellhops at any time prior to their arrival provided that you will be responsible to pay a cancellation and rescheduling fee as provided in Bellhops’ cancellation policy on the Website.

Bellhops 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 Bellhops. Promotional codes may be disabled by Bellhops, at its sole discretion, without liability to Bellhops. Promotional codes may only be used pursuant to the specific terms that Bellhops establishes for such promotional offers. Promotional codes are not valid for cash and may expire prior to Your use. Bellhops reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Bellhops 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 this Appendix A.

This payment structure is intended to fully compensate Bellhops for the Services provided. You understand and agree that, while you are free to provide additional payment as a gratuity to Bellhops you are under no obligation to do so.

5. WARRANTIES AND REPRESENTATIONS

By requesting for Bellhops to perform the Services itself as a household goods carrier, you (1) expressly represent and warrant that you are legally entitled to enter this Appendix A and (2) agree to comply with all Applicable Laws (defined in Section 6). 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 Application, Website, and/or request Services. Without limiting the foregoing, the Application, Website, and Services are not available to children (persons under the age of 18). By requesting for Bellhops to perform the Services itself as a household goods carrier, you further represent and warrant that (1) you are at least 18 years old and reside in the United States or any of its territories; (2) you have the right, authority, and capacity to enter into this agreement with Bellhops and to abide by the terms and conditions of this Appendix A; (3) you own or have legal possession to the household goods being shipped under this Appendix A; (4) you have been advised that you should obtain adequate insurance to protect you from loss or damage to your household goods; (5) if your move is within Texas, prior to the move Bellhops provided you with a copy of Your Rights and Responsibilities When You Move in Texas; (6) if your move is in Missouri, prior to the move Bellhops provided you with a copy of Moving in Missouri published by the Missouri Department of Transportation; (7) prior to the move Bellhops provided you with a copy of this Appendix A; and (8) none of the household goods are Hazardous Substances or Prohibited Property as those terms are defined in Section 7 of this Appendix A.

6. COMPLIANCE WITH APPLICABLE LAWS

By using the Application, 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 Application, Website, and/or request Services for lawful purposes; (2) you will not use the Application, Website, and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the Application, 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 Application, Website and/or impair Services in any way whatsoever; (6) you will not copy, or distribute the Application or Website or other content without written permission from Bellhops; (7) you will only use the Application, 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 Bellhops provides you that allows access to the Application, Website, and Delivery Services; (9) you will provide us with whatever proof of identity Bellhops 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 Application, 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, 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 Bellhops (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. BELLHOPS’ LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. When Bellhops provides the Services to you as a household goods carrier, with the exception of intrastate moves in Texas (e.g. point-to-point moves in Texas), which will be governed by Exhibit 1, Bellhops’ (and its affiliates) maximum liability for any damage, loss, shortage, or injury to your household goods or other property shall be set forth in Section 8 of this Appendix A. Specifically, Bellhops (or its affiliates) shall be liable for physical loss of or damage to any household goods or other property, subject to the rules set forth in this Appendix A (including, but not limited to, Sections 8.2., 8.3., and 8.4.), EXCEPT damage, loss, shortage, or injury caused by or resulting:

a) From an act, omission or order of you (or someone residing in your household or otherwise acting on your behalf);

b) From defect or inherent vice of the household goods, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein, or items manufactured from pressboard, particle board or engineered wood (also referred to as “RTA” furniture) due to the fact that such RTA furniture is inherently susceptible to damage;

c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations; (5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade.

d) From terrorist activity, including action in hindering or defending against an actual or expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term “terrorist activity” means any activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing;

e) From Acts of God.

You further acknowledge and agree that Bellhops (or its affiliates) will not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other including the negligence of Bellhops (or its affiliates); nor shall Bellhops be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Bellhops shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination.

8.2. DECLARATION OF VALUE

BELLHOPS’ LIABILITY FOR LOSS OR DAMAGE TO ANY SHIPMENT IS $0.60 PER POUND PER ARTICLE (THE “LIMITED VALUATION COVERAGE”), PROVIDED THAT BELLHOPS’ MAXIMUM LIABILITY PER SHIPMENT SHALL NOT EXCEED $2,000 UNLESS THE CARRIER AND SHIPPER AGREE, IN WRITING, TO A GREATER LEVEL OF LIABILITY AS PROVIDED HEREIN. NEITHER THIS LIMITED VALUATION COVERAGE NOR AGREED UPON BELLHOPS PROTECTION PLAN IS INSURANCE.

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, Bellhops would be liable for no more than $6.00 (10 pounds multiplied by .60 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 Bellhops maximum liability under the Limited Valuation Coverage.

In addition to the Limited Valuation Coverage provided by Bellhops, Bellhops 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 Bellhops or of a Bellhops’ 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 (“Bellhops Protection Plan”) for the amount disclosed on the Website. If the Bellhops Protection Plan is offered to you when requesting the Services, you must indicate whether you desire to participate in the Bellhops Protection Plan by either selecting the appropriately labeled box located in the checkout process on the Application, the Website, or by choosing to purchase the Bellhops 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 Bellhops Protection Plan solely by agreeing to these Terms. If offered to You, the Bellhops Protection Plan is offered solely in order to effectuate your use of the Services. The Bellhops Protection Plan may be added or removed by you up to the day before the shipment date.

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, BELLHOPS' MAXIMUM REIMBURSEMENT TO YOU FOR DAMAGE IS $0.60 PER POUND PER ARTICLE, UNLESS YOU PURCHASE THE BELLHOPS PROTECTION PLAN, IN WHICH CASE BELLHOPS’ MAXIMUM LIABILITY TO YOU WILL BE LIMITED THE LESSER OF THE REPAIR VALUE OF THE PERSONAL PROPERTY ITEMS, THE REPLACEMENT VALUE OF THE PERSONAL PROPERTY ITEMS, OR $2,000.00.

Under Bellhops Protection Plan, if your household goods or other property are damaged or destroyed, Bellhops will, in its sole discretion, either: (i) repair the item to the extent necessary to restore the item to the comparable condition it was when it was received by Bellhops, (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 the Bellhops Protection Plan from Bellhops is entirely optional and you may obtain other additional protection for your items from an alternative source or obtain none at all. You hereby agree that any claims against or disputes with any person or entity arising out of your election of the Limited Valuation Coverage or Additional Protection under the Bellhops Protection Plan MUST be pursued in arbitration, pursuant to the terms set forth in Section 10 of the 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 IN NO EVENT WILL BELLHOPS LIABILITY TO YOU FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR HOUSEHOLD GOODS OR OTHER PROPERTY EXCEED $2,000 FOR ONE SHIPMENT REGARDLESS OF WHETHER YOU HAVE SELECTED THE LIMITED VALUATION COVERAGE OR ADDITIONAL PROTECTION. IN ADDITION, YOU FURTHER AGREE THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH BELLHOPS’ MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR HOUSEHOLD GOODS OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO BELLHOPS’ OWN NEGLIGENCE (OR THE NEGLIGENCE OF ITS AFFILIATES, EMPLOYEES, OR AGENTS).

8.2.A. BELLHOPS’ LIABILITY/DAMAGE EXCLUSIONS

SUBJECT TO BELLHOPS MAXIMUM LIABILITY SET FORTH IN SECTION 8.1, YOU AGREE AND ACKNOWLEDGE THAT BELLHOPS’ (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 BELLHOPS (OR ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES) OR A THIRD PARTY PROVIDER

Pre-Existing and Minor Damages
Bellhops (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. Bellhops (or its affiliates) is also not responsible for the repair or reimbursement of minor dents and scratches to personal property that typically occur during a move.

Particle Board Furniture
Particle Board, Chip-Core, Pressboard, “Ready to assemble,” or “flat packed” furniture should be disassembled before moving according to the manufacturer’s instructions. Bellhops (or its affiliates) will not be responsible for damaged particle board furniture left assembled during transit.

Natural Materials
Marble, slate, and stone material items are prone to weakness and cracking overtime. Bellhops (or its affiliates) will not be responsible for damaged items made exclusively of (or a composite of) natural materials.

Wood Floors
In the event that wood floors are damaged, Bellhops (or its affiliates) will only repair or replace the local area damaged, but cannot guarantee an exact match to the original finish. Bellhops cannot be responsible for the entire cost of the floor to be resurfaced or refinished.

Electronics and Appliances
Bellhops (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. Bellhops (or its affiliates) will not be responsible for any structural plumbing, electrical systems or water damage associated with electronics or appliances handled.

Exteriors
Bellhops (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
Bellhops (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. Bellhops (or its affiliates) will not be responsible for injuries or damages that occur your or any other non-customer’s actions.

8.3. CLAIMS PROCESS

A claim for any damage, loss, shortage, injury or delay must be submitted to Bellhops Quality Team via quality@getbellhops.com and must be fully supported by all relevant documentation listing the nature and cause of the claim with Bellhops within ninety (90) days after delivery to consignee as shown on bill of lading, or in case of failure to make delivery, then within ninety (90) days after a reasonable time for delivery has elapsed; and suit must be instituted against Bellhops within two (2) years and one (1) day from the date when notice in writing is given by Bellhops to you that Bellhops has disallowed the claim or any part of or parts thereof specified in the notice. Claims for items that were not professionally and adequately wrapped, boxed, and packed by anyone other than the Bellhops 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 Bellhops will not bear any liability for such claims.

8.4. BELLHOPS’ LIABILITY FOR INSTALLATIONS

Additionally, Bellhops does not install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators and electrical equipment. You acknowledge that if a Bellhops’ employee or agent installs or uninstalls one of the items listed in the immediately preceding sentence, whether accidentally or intentionally, Bellhops is not involved and WILL NOT PAY ANY CLAIM OR OTHERWISE BE LIABLE IN ANY MANNER WITH RESPECT TO ANY DAMAGE CAUSED BY ITS EMPLOYEE’S OR AGENT’S 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 BELLHOPS (AND ITS AFFILIATES) 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. BELLHOPS (AND ITS AFFILIATES) 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. BELLHOPS 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 THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THE SERVICES THROUGH THE COMMUNICATIONS PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT.

YOU HEREBY WAIVE AND RELEASE BELLHOPS (AND BELLHOPS’ 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 APPLICATION OR WEBSITE, 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 BELLHOPS (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 APPENDIX A, 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 BELLHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3. INDEMNITY

You agree to indemnify, defend, and hold harmless Bellhops (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 this Appendix A, 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; and (5) any claim made by a third party against Bellhops associated with the coordination of the Services.

10. MISCELLANEOUS PROVISIONS

10.1. CHOICE OF LAW

This Appendix A is 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, except where applicable law requires otherwise.

10.2. CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Bellhops' designated agent, please e-mail dingding@getbellhops.com for more information.

10.3. NOTICE

Bellhops 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 Bellhops, with such notice deemed given when received by Bellhops, at any time by first class mail or pre-paid post. Please email dingding@getbellhops.com to get the address information.

10.4. ELECTRONIC COMMUNICATION

You consent to receive communications from Bellhops in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bellhops 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.

10.5. ASSIGNMENT

This Appendix A shall be binding upon and inure to the benefit of the parties to this Appendix A and their respective successors. You may not assign your rights and obligations under this Appendix A without Bellhops' prior written approval. Bellhops may assign its rights and obligations under this Appendix A without your consent to: a subsidiary or affiliate; an acquirer of Bellhops' equity, business or assets; or a successor by merger. Any purported assignment in violation of this section shall be void.

10.6. INDEPENDENT CONTRACTOR

No joint venture, partnership, employment, or agency relationship exists between you or Bellhops (or its affiliates) as a result of this Appendix A or use of the Services.

10.7. SEVERABILITY

If any provision (including any sentence or part of a sentence) of this Appendix A (including its exhibits and addendums) is deemed invalid for any reason whatsoever, this Appendix A shall be void only as to the provision, and this Appendix A 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.

10.8. WAIVER

No waiver of any of the provisions of this Appendix A 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 Appendix A 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. Your rights and remedies under this Appendix A 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 Appendix A or allowed under applicable law.

10.8. COMPLETE AGREEMENT

This Appendix A (including the exhibits and any addendums) shall constitute the entire agreement between You and Bellhops pertaining to the subject matter contained herein and fully replaces and supersedes all prior and contemporaneous agreements, representations, and understandings. In the event a conflict between any terms and conditions in this Appendix A and those set forth in the Agreement, the terms and conditions in Appendix A shall prevail only with respect to the determining Bellhops and your rights, obligations and liabilities when Bellhops and you agree that Bellhops will provide the Services to you itself as a household goods carrier.

10.9. CONTACT INFORMATION

If you have any questions, complaints, comments, or concerns about the Services contact us at:

Bellhops

1110 Market Street, Suite 502

Chattanooga, TN 37402

dingding@getbellhops.com

EXHIBIT 1

BELLHOPS LIABILITY FOR TEXAS HOUSEHOLD GOODS MOVES

In accordance with Section 8 of Appendix A, the terms and conditions stated in this Exhibit (“Exhibit 1”) will establish Bellhops’ maximum liability for any damage, loss, shortage, or injury to your household goods or other property when you and Bellhops have agreed that Bellhops will perform the Services itself as an authorized household goods carrier for intrastate moves in Texas (i.e., point-to-point moves in Texas).

VALUATION COVERAGE IS NOT INSURANCE. AS PROVIDED UNDER TEXAS LAW, A HOUSEHOLD GOODS CARRIER’S LIABILITY FOR LOSS OR DAMAGE TO ANY SHIPMENT IS $0.60 PER POUND PER ARTICLE, UNLESS THE CARRIER AND SHIPPER AGREE, IN WRITING, TO A GREATER LEVEL OF LIABILITY AS PROVIDED HEREIN.

Bellhops may, at its sole discretion, provide you with the opportunity to protect your personal household goods by providing you the opportunity to purchase up to $2,000 in additional valuation coverage per shipment (“Bellhops Protection Plan”) for the amount of $40.00. If the Bellhops Protection Plan is offered to you when requesting the Services, you must indicate whether you desire to participate in the Bellhops Protection Plan by either selecting the appropriately labeled box located in the checkout process on the Application or the Website, or by choosing to purchase the Bellhops 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 Bellhops Protection Plan solely by agreeing to these Terms. The Bellhops Protection Plan may be added or removed by you up to the day before the shipment date.

Under the Bellhops Protection Plan, if personal property items are damaged or destroyed, Bellhops will, in its sole discretion, either: (i) repair the item to the extent necessary to restore the item to the comparable condition it was when it was received by Bellhops, (ii) pay you a cash settlement for the repairs, or (iii) pay you a cash settlement for for the lesser of the purchase price, the depreciated value, or current replacement of item of like kind and quality. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BELLHOPS LIABILITY TO YOU FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO YOUR HOUSEHOLD GOODS OR OTHER PROPERTY EXCEED $2,000 FOR A SINGLE SHIPMENT REGARDLESS OF WHETHER YOU HAVE SELECTED AND PURCHASED BELLHOPS PROTECTION PLAN.

Bellhops’ liability with respect to any damage, loss, shortage, or injury to your household goods or other property will be further limited by the following terms and conditions in accordance with Texas law (specifically 43 Tex. Admin. Code § 218.58).

Section 1.

(A) The household goods carrier or party in possession of any of the property herein described shall be liable at common law for any loss thereof or damage thereto, except as hereinafter provided.

(B) No household goods carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto or delay caused by an act of God, the public enemy, the authority of law, or an act or default of the shipper or owner. The household goods carrier's liability shall be that of warehouseman only, for loss, damage, or delay caused by fire occurring after the expiration of the free time (if any) allowed by tariffs lawfully on file after notice of the arrival of the property at destination has been duly sent or given, and after placement of the property for delivery at destination, or tender of delivery of the property to the party entitled to receive it, has been made. Except in case of negligence of the household goods carrier or party in possession (and the burden to prove freedom from such negligence shall be on the household goods carrier or party in possession), the household goods carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party entitled to make such request, or resulting from a defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein, or from riots or strikes. Except in the case of household goods carrier's negligence, no household goods carrier, or party in possession of all or any of the property herein described, shall be liable for delay caused by highway obstruction, faulty or impassable highway, or lack of capacity of any highway, bridge, or ferry, and the burden to prove freedom from such negligence shall be on the household goods carrier or party in possession.

(C) In case of quarantine the property may be discharged at the risk and expense of the owner into quarantine depot or elsewhere, as required by quarantine regulations or authorities, or for the household goods carrier's dispatch at the nearest available point in the household goods carrier's judgment, and in any such case the household goods carrier's responsibility shall cease when property is so discharged, or property may be returned by the household goods carrier at the owner's expense to the shipping point, earning freight both ways. Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owner of the property or the household goods carrier may file a lien. The household goods carrier shall not be liable for loss or damage occasioned by fumigation or disinfection or other acts required or done by quarantine regulations or authorities even though the same may have been done by the household goods carrier's officers, local agents, or employees, nor for detention, loss, or damage of any kind occasioned by the quarantine or its enforcement. A household goods carrier shall not be liable, except in the case of negligence, for any mistake or inaccuracy in any information furnished by the household goods carrier, its local agents, or officers, as to quarantine laws or regulations. The shipper shall hold the household goods carrier harmless from any expense it may incur, or damages it may be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regulations in effect at such place.

Section 2.

(A) A household goods carrier is not bound to transport property by any particular scheduled vehicle or in time for any particular market other than with reasonable dispatch. A household goods carrier shall have the right, in case of physical necessity, to forward the property by any household goods carrier or route between the point of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum amount recovered, whether or not such loss or damage occurs from negligence.

(B) As a condition precedent to recovery, a claim must be filed in writing with the receiving or delivering household goods carrier, or the household goods carrier issuing the bill of lading or receipt, or the household goods carrier on whose line the loss, damage, injury, or delay occurred, or the household goods carrier in possession of the property when the loss, damage, injury, or delay occurred, within 90 days after delivery of the property or, in case of failure to make delivery, then within 90 days after a reasonable time for delivery has elapsed; and suits shall be instituted against any household goods carrier only within two years and one day from the day when notice in writing is given by the household goods carrier to the claimant that the household goods carrier has disallowed the claim or any of its part or parts specified in the notice. Where a claim is not filed or a suit is not instituted in accordance with the foregoing provisions, a household goods carrier hereunder shall not be held liable, and the claim will not be paid.

(C) Any household goods carrier or party liable on account of loss of or damage to any of the property shall have the full benefit of any insurance that may have been effected, upon, or on account of, said property, so far as this shall not avoid the policies or contracts of insurance; provided, that the household goods carrier reimburses the claimant for the premium paid.

Section 3.

Except where such service is required as the result of household goods carrier's negligence, all property shall be subject to necessary cooperage and baling at the owner's cost.

Section 4.

(A) Property not removed by the party entitled to receive it within the free time (if any) allowed by tariff lawfully on file (such free time to be computed as therein provided), after notice of the arrival of the property at destination has been duly sent or given, and after tender of the property for delivery at destination has been made, or property not received, at time tender of delivery of the property to the party entitled to receive it has been made, may be kept in vehicle, warehouse, or place of business of the household goods carrier, subject to the tariff charge for storage and to household goods carrier's responsibility as warehouseman, only, or at the option of the household goods carrier, may be removed to and stored in a public or licensed warehouse at the point of delivery or other available point, or if no such warehouse is available at point of delivery or at other available storage facility, at the cost of the owner and there held without liability on the part of the household goods carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. In the event consignee cannot be found at address given for delivery, notice of the placing of such goods in warehouse shall be mailed to the address given for delivery and mailed to any other address given on the bill of lading or receipt for notification, showing the warehouse in which the property has been placed.

(B) If nonperishable property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender of delivery, or said consignee or party entitled to receive it fails to receive or claim it within 15 days after notice of arrival shall have been duly sent or given, the household goods carrier may sell the same at public auction to the highest bidder, at such place as may be designated by the household goods carrier; provided, that the household goods carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading or receipt if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipped order notify, the name of party to be notified, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published. Thirty days must elapse after notice that the property was refused or remain unclaimed was mailed, sent, or given before notice of sale may be published.

(C) If perishable property which has been transported is refused by the consignee or party entitled to receive it, or the consignee or party entitled to receive it shall fail to receive it promptly, the household goods carrier may, in its discretion, to prevent deterioration or further deteriorations, sell the same to the best advantage at private or public sale; provided, that if time serves for notification to the consignor or owner of the refusal of the property or the failure to receive it and request for disposition of the property, notification shall be given, in such manner as the exercise of due diligence requires before the property is sold.

(D) If the procedure provided for in this section is not possible, it is agreed that nothing contained in the section shall be construed to abridge the right of the household goods carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law.

(E) The proceeds of the sale shall be applied by the household goods carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the property, if proper care requires special expense. If there is a balance it shall be paid to the owner of the property.

(F) If the household goods carrier is directed by the consignor or its agent to load property from (or render any services at) a place or places at which the consignor or its agent is not present, the property shall be at the risk of the owner before loading.

(G) If the household goods carrier is directed by the consignee or its agent to unload or deliver property (or render any services) at the place or places at which the consignee or its agent is not present, the property shall be at the risk of the owner after unloading or delivery.

Section 5.

A household goods carrier shall not carry or be liable in any way for documents, specie, or for articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed.

Section 6.

Every party, whether the principal or local agent, shipping explosives or dangerous goods, without previous full written disclosure to the household goods carrier of their nature, shall be liable for and indemnify the household goods carrier against all loss or damage caused by the goods, and the goods may be warehoused at the owner's risk and expense or destroyed without compensation.

Section 7.

(A) The owner or consignee shall pay the freight and all other lawful charges accruing on said property; but, except in those instances where it may lawfully be authorized to do so, no household goods carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading or receipt until all rates and charges have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading or receipt that the household goods carrier shall not make delivery without requiring payment of the charges and the household goods carrier, contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for the charges. Where the household goods carrier has been instructed by the shipper or consignor to deliver the property to a consignee other than the shipper or consignor, the consignee shall not be legally liable for transportation charges in respect of the transportation of the property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee is an agent only and has no beneficial title in said property, and prior to delivery of said property has notified the delivering household goods carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of a shipment reconsigned or diverted to a point other than that specified in the original bill of lading or receipt, has also notified the delivering household goods carrier in writing of the name and address of the beneficial owner of said property; and, in such cases the shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner shall be liable for such additional charges.

(B) If the consignee has given to the household goods carrier erroneous information as to whom the beneficial owner is, such consignee shall be liable for the additional charges. Nothing herein shall limit the right of the household goods carrier to require at time of shipment the payment or guarantee of the charges. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading or receipt, the freight charges must be paid on the articles actually shipped.

Section 8.

If this bill of lading or receipt is issued on the order of the shipper or his agent, in exchange or in substitution for another bill of lading or receipt, the shipper's signature to the prior bill of lading or receipt as to the statement of value or otherwise, or election of common law or bill of lading or receipt, in or in connection with such prior bill of lading or receipt, shall be considered a part of this bill of lading or receipt as fully as if the same were written or made in or in connection with this bill of lading or receipt.

Section 9.

Any alteration, addition, or erasure in this bill of lading or receipt which shall be made without the special notation herein of the agent of the household goods carrier issuing this bill of lading or receipt, shall be without effect, and this bill of lading or receipt shall be enforceable according to its original tenor.

Section 10.

For purposes of this Exhibit 1, the phrase “this bill of lading or receipt” shall mean the bill of lading or receipt Bellhops provides to you to accompany the movement of your household goods or evidencing the completion of your move.

Section 11.

In the event of a conflict between any terms and conditions in Exhibit 1 and those set forth in Appendix A, the terms and conditions in Exhibit 1 shall prevail over Appendix A only with respect to determining Bellhops’ maximum liability for damage, loss, shortage, or injury to your household goods or other property for the intrastate household good moves in Texas that Bellhops performs itself as a household goods carrier.

4833-8478-3948, v. 1