Last Modified: 11/01/2018
1. CONTRACTUAL RELATIONSHIP
The following terms of service (the “Terms”) constitute a legally binding agreement between you (also referred to below as “User”) and Bellhops, Inc. (“Bellhops”) and govern your access to and/or use of Bellhops’s services or the services of any of Bellhops’s subsidiaries or affiliates, including, but not limited to, your use of Bellhops’s website at https://getbellhops.com (the “Website”) and any other online areas owned or operated by Bellhops, its mobile application(s) (the “Bellhops App”), its software, and its telephone order system (currently accessible at 1-888-836-3939) (collectively, the “Bellhops Platforms”), as well as any order that you might place through the Bellhops Platforms.
1.1 Accepting these Terms
Please read these Terms carefully before accessing or using any of the Bellhops Platforms, including, but not limited to, before placing any order with Bellhops for labor and/or transportation, or any other services (collectively, the “Services”). By accessing or using the Bellhops Platforms, including, without limitation, by using the Bellhops App or placing an order for Services online or via telephone at the number described above, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, provisions that limit Bellhops’s liability, and provisions that require individual arbitration of any potential legal dispute between you and Bellhops. If you do not agree to these Terms, you may not use the Bellhops Platforms or receive any Services.
1.2 Modifications to Terms
Bellhops reserves the right to change these Terms at any time. However, if Bellhops makes changes to the Terms, Bellhops will notify you by revising the “Last Modified” date at the top of this document. In some cases, Bellhops may also provide you with additional notice (such as adding a statement to Bellhops’s homepage or sending you an email notification). Bellhops encourages you to review these Terms periodically to stay informed about Bellhops’s practices, and you should always review these Terms before placing any order for Services.
Unless Bellhops notifies you otherwise, whenever Bellhops make changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any Bellhops Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with Bellhops, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.
1.3 Supplemental Terms
Supplemental terms may apply to certain Services requested by you, such as policies for a particular event, activity, or promotion or in connection with moving services requested by businesses (i.e., commercial move requests). If supplemental terms apply to your request for Services, such supplemental terms will be disclosed to you in a separate disclosure or in connection with, but prior to, the performance of the applicable Services by Third Party Providers (as defined below). 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 but only with respect to the Services to which the supplemental terms apply.
2. THE BELLHOPS PLATFORMS
2.1. About Bellhops and the Company’s Services
Bellhops is a technology and communications company that matches individuals who are seeking local, regional, and other moving services with (i) independent third party labor providers capable of providing labor services; and/or (ii) independent third party motor carriers capable of providing property transportation services (each individual or company with whom Bellhops contracts and matches with you to provide the requested Services is referred to herein as a “Third Party Provider”). Bellhops is not a household goods mover or other transportation provider and does NOT provide moving services. Bellhops is a property broker that connects you, a “User” of the Bellhops Platforms, with other Users or Third Party Providers. As a property broker, 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, you understand and agree that Bellhops will not arrange for property (also known as cargo) to be transported by a motor carrier providing household goods related services. You also understand and acknowledge that property brokers are not subject to the same laws and regulations applicable to household goods brokers or carriers and that, by obtaining Services through the Bellhops Platforms, you may not be entitled to the same consumer protections afforded to consumers dealing with household goods movers.
By using the Bellhops Platforms to order Services, you acknowledge and agree that you are requesting that Bellhops provide you with property broker services only and that Bellhops should request and schedule the Services with Third Party Providers on your behalf. You further acknowledge and agree that when Bellhops arranges for a Third Party Provider to perform labor services or a Third Party provider to perform transportation services, Bellhops is acting in its capacity as a property broker (and not as a transportation provider or as a broker of the transportation of household goods). Except as otherwise provided herein (see Section 8 and its subparts below), Bellhops has no responsibility for any transportation or labor or other services provided on your behalf by the Third Party Providers and will not participate in any dispute between you and a Third Party Provider. You further 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 arranged by Bellhops is at your own risk and judgment.
Subject to your compliance with these Terms, Bellhops grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Bellhops Platforms solely for their intended purposes, including (i) to place orders for Services or, in the case of any Third Party Provider using the Bellhops Platforms, to perform the Services, (ii) to view any User Content (defined below), and (iii) to access and use any content, information, and related materials that may be made available as a result of a request for Services. Any rights not expressly granted herein are reserved by Bellhops and Bellhops’s licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Bellhops Platforms; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any Bellhops Platform or part thereof except as expressly permitted by Bellhops; (iii) decompile, reverse engineer, or disassemble the Website, the Bellhops App, or any other Bellhops Platform unless otherwise permitted by applicable law; (iv) link to, mirror, or frame any portion of the Website, the Bellhops App, or any other Bellhops Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Bellhops Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the Bellhops Platforms; or (vi) attempt to gain unauthorized access to or impair any aspect of the Bellhops Platforms or its related systems or networks. You may only access the Bellhops Platforms through the interfaces that Bellhops provides for that purpose.
2.4 Proprietary Material
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 Bellhops Platforms is owned by Bellhops, excluding User Content (defined below) which 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 Bellhops Platforms, and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain Bellhops's property. Neither these Terms nor your use of the Bellhops Platforms convey or grant to you any rights in or related to the Proprietary Material or the Bellhops Platforms except for the limited license granted above. In addition, neither these Terms nor your use of the Bellhops Platforms grant you use or reference in any manner to Bellhops's company name, logos, product and service names, trademarks, or service marks.
3. YOUR USE OF THE BELLHOPS PLATFORMS
3.1. Placing an Order for Services
In order to place an order for Services, you must be at least 18 years of age and must provide Bellhops with a valid e-mail address and phone number and a valid credit or debit card. You authorize Bellhops to place a temporary hold on the credit or debit card that you provide in an amount equal to the estimated total for the order for Services on the day preceding the date your order for Services is scheduled to be completed.
Bellhops reserves the right to revise its fees for any or all aspects of the Services at any time in Bellhops’s sole discretion. Pricing information published on the Website or communicated in any correspondence or electronic communication may not reflect the actual price that you may be quoted at the time you place an order for Services. You acknowledge and understand that pricing in certain geographical areas may increase from time to time, including, but not limited to, during times of high demand for Services.
When placing an order for Services, you may receive an estimate of fees and costs. Bellhops attempts to provide a reasonably accurate estimate of final fees and costs. However, you understand and agree that all estimates are non-binding and are not intended to be a guarantee of your final costs. Your total charges may be affected by the information you provide to Bellhops during the order process (including, but not limited to, any inaccurate information provided by you), the circumstances present on the day you receive the Services, and, with pay-as-you-go pricing, the speed of the Third Party Providers.
3.3. Canceling an Order
You may cancel an order for Services at any time. However, cancellations are subject to Bellhops’s cancellation policy, which is currently posted at https://www.getbellhops.com/help/faq/.
3.4 User Accounts
You may be required to register and maintain an active personal account to use certain Bellhops Platforms, including the Bellhops App. You must be at least 18 years of age to obtain an account. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, and age, as well as certain payment information (e.g., bank or credit card information). You agree to maintain accurate, complete, and up-to-date information in your account. Failure to maintain accurate, complete, and up-to-date account information, including invalid or expired payment information, may result in your inability to access and/or use the Bellhops Platforms. You are responsible for all activity that occurs under or through your account and agree to maintain the security and secrecy of your account username and password at all times.
3.5. Text Messaging, E-Mails, and Phone Calls
You agree that Bellhops, its subsidiaries, and affiliates, and their respective employees, contractors, and agents may contact you at any of the phone numbers or e-mail addresses that you provide, including, but not limited to, by e-mail, text messages, calls, and push notifications. Such communications may also include messages generated by an automatic telephone dialing system. Standard message and data rates may apply. You may opt-out of receiving communications by emailing a request to opt-out to email@example.com. However, opting out of all communications may impact your receipt of the Services.
3.6. User Provided Content
Bellhops may, in Bellhops' sole discretion, permit you or other Users from time to time to submit, upload, publish, or otherwise make available to Bellhops through the Bellhops Platforms, 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's business and on third-party websites 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 Bellhops Platforms. Accordingly, you represent and warrant that (i) you either (A) are the sole and exclusive owner of all User Content that you make available through the Bellhops Platforms or (B) 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's 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 Bellhops Platforms 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.
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.
3.7. Network Access and Devices
Use of the Bellhops Platforms may require access to a data network. You are responsible for obtaining the data network access necessary to use such Bellhops Platforms, if any. Your mobile network's data and messaging rates and fees may apply if you access or use the Bellhops Platforms from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Bellhops Platforms and any updates thereto. Bellhops does not guarantee that the Bellhops Platforms, or any portion thereof, will function on any particular hardware or devices. In addition, the Bellhops Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You further acknowledge and agree that the Bellhops Platforms 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 Bellhops Platforms. 4. PAYMENT AND PROMOTIONAL OFFERS
After your order for Services is complete and you have received the Services, Bellhops will send you an e-mail for the final invoice amount (the “Charges”). All Charges are immediately due and payable, and you are responsible for payment of all Charges for Services ordered and received through the Bellhops Platforms. You authorize Bellhops to charge the credit or debit card that you provide when placing your order for Services for the full amount of the Charges. 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. If the charge to your credit or debit card is declined, you authorize Bellhops to use a secondary payment method provided by you, if applicable.
If you disagree with any of the Charges, you will have 24 hours to dispute such Charges by contacting firstname.lastname@example.org. You may not dispute any Charges more than 24 hours after your receipt of the Services. Bellhops will attempt to resolve any dispute as soon as reasonably practical. All disputed Charges will be governed by these Terms, including the mandatory arbitration provision included in Section 10 (and its subparts) below.
You understand and agree that Bellhops administers payment directly to the Third Party Providers on your behalf, as the Third Party Providers’ limited payment collection agent, and that payment to Bellhops is intended to fully compensate the Third Party Provider for the Services they provide. Accordingly, your payment to Bellhops shall be considered the same as issuing payment directly to the Third Party Providers, and you should not issue any payment, other than a tip or gratuity, in your sole discretion, to anyone other than Bellhops for Services ordered and received through the Bellhops Platforms. If you issue payment directly to any Third Party Provider, you will still be responsible for paying the full amount of the Charges billed to you by Bellhops.
4.2 Promotional Offers
Bellhops may, in Bellhops’s sole discretion, issue you with promotional offers and discounts that may be redeemed for credit when placing an order for Services. You agree that such promotional offers and discounts: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public unless expressly permitted by Bellhops; (iii) may be disabled, canceled, or otherwise terminated by Bellhops at any time for any reason without liability to Bellhops; (iv) may only be used pursuant to the specific terms that Bellhops has established for such promotional offer or discount; (v) are not valid for cash; and (vi) may expire prior to your use. Further, Bellhops reserves the right to withhold or deduct any credits or other features or benefits obtained through the use of any promotional offers and discounts by you or any other User in the event that Bellhops determines or believes, in its sole discretion, that the use or redemption of the promotional offer or discount was in error, fraudulent, illegal, or in violation of the terms applicable to the promotional offer or discount or in violation of these Terms.
5. USER REPRESENTATIONS
By using the Bellhops Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in the United States or any of its territories; (3) you own or have legal possession to any and all property to be moved or shipped by Third Party Providers under this agreement, if applicable; (4) you have carefully read and understand these Terms; (5) you have been advised that you should consider obtaining insurance to protect you from loss or damage to your personal property items, if applicable; and (6) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the Bellhops Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.
6. COMPLIANCE WITH APPLICABLE LAWS
By using the Bellhops Platforms and/or requesting Services, you agree that (1) you will only use the Bellhops Platforms and/or request Services for lawful purposes; (2) you will not use the Bellhops Platforms and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the Bellhops Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm Bellhops or the Bellhops Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute the Bellhops Platforms or other content without written permission from Bellhops; (7) you will only use the Bellhops Platforms and/or request Services for your own use and, if applicable, will not resell your order for Services to a third party; and (8) you will provide Bellhops and/or the Third Party Providers with whatever proof of identity they may reasonably request.
7. REFUSAL OF SERVICE
You acknowledge and understand that, notwithstanding anything herein to the contrary, Bellhops has, and shall at all times retain, the right to refuse or cancel an order for Services at any time for any reason. The circumstances that may warrant a refusal or cancellation of Services, include, but are not limited to, the following circumstances: Evictions
Bellhops may cancel an order for Services if you, or someone else at the location to be serviced, is being, is in the process of being, or has been evicted. Prohibited Property
Bellhops and/or the Third Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in Bellhops and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved is prohibited by these Terms, including property explicitly prohibited under Section 8.4 hereof.
Dangerous, Hazardous, or Unsanitary Conditions
If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, in Bellhops or the Third Party Providers’ sole discretion, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.). Inclement Weather
In cases of inclement weather, you may be required to reschedule and/or delay your order for Services to another convenient time, or the order may be canceled or refused without a cancellation fee. If Services are nonetheless performed despite inclement weather, you will not be eligible for protection under the Damage Protection Policy described in Section 8 (and its subparts) below for any damages incurred as a result of the inclement weather. Inclement weather can include, but is not limited to, rain, snow, sleet, hail, lightning, and high winds.
Access to property
Bellhops and/or the Third Party Providers reserve the right to refuse or cancel ordered Services if your property cannot be accessed or is deemed to be, in Bellhops or the Third Party Providers’ sole discretion, too far away from the location of the Third Party Provider’s moving vehicle. For example, Services may be refused or canceled because a driveway is too dangerous to traverse or the Third Party Providers would be required to walk 100 yards or more to move each item of property to a moving vehicle. If Services are nonetheless performed and the Third Party Providers are required to walk a significant distance (in Bellhops’s sole discretion) from the moving vehicle to your personal property, you are advised that you or someone else subject to your direction and control should remain with your personal property at each location to ensure that your personal property is not subject to theft. Personal property lost or stolen because Third Party Providers must travel a significant distance (in Bellhops’s sole discretion) between a moving vehicle and your personal property shall not be covered by the Damage Protection Policy described in Section 8 (and its subparts) below.
Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.
8. PROPERTY DAMAGES; BELLHOPS’S DAMAGE PROTECTION POLICY
Bellhops is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While Bellhops attempts to connect you with only high quality Third Party Providers, Bellhops does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. As an independent property broker, neither Bellhops nor any of its subsidiaries or affiliates shall be liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. However, Bellhops will agree to provide you with the voluntary damage protection set forth below if you timely file a claim with Bellhops (the “Damage Protection Policy”). Bellhops will not provide you with any other property damage protection other than as set forth below, and by placing an order with Bellhops, you understand and agree that you will not be entitled to recover from Bellhops or any of its subsidiaries or affiliates for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Bellhops’s Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with Bellhops or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.
Note that you may not obtain coverage under the Damage Protection Policy and obtain damages from a Third Party Provider (or any insurance policy insuring such Third Party Providers). By choosing to pursue a claim under the Damage Protection Policy, you hereby waive and release the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services and agree that the maximum liability for any damages to your personal or real property shall be as set forth herein.
In addition, in order to access and use the Third Party Providers on the Bellhops Platforms, you agree that no Third Party Provider shall be liable to you for any damages in excess of the damages to which you would be entitled under the Damage Protection Policy below. For the avoidance of doubt, this means that if you choose to pursue a claim against any Third Party Provider instead of Bellhops, your claim with such Third Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below. It is expressly acknowledged and agreed that the Third Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.6) of these Terms. Notwithstanding the foregoing, the Recovery Rate (defined below) and the $2,000 limitation on liability (described below) shall not apply to a claim by you against a Driver (defined below) for damages caused to your personal property as a result of a motor vehicle accident. Such limitations shall, however, apply to any such claim by you against Bellhops or its subsidiaries and affiliates.
8.1 Damages To Personal Property Caused By Third Party Providers
If a Third Party Provider arranged by Bellhops to provide you with labor Services (a “Laborer”) damages or loses your personal property while moving your personal property, including, while loading or unloading your personal property in a transportation vehicle provided by you, another company, or a Third Party Provider arranged by Bellhops to provide you with transportation Services (a “Driver”), or if (and only if) your order includes both labor and transportation Services (also referred to as “Movers + Truck” order on the Website) and your personal property is damaged in transit (i.e., during shipment) as a result of the negligent packing of your personal property in a transportation vehicle by a Laborer or by the negligent driving of the Driver, Bellhops will assume liability for your damaged personal property items at a rate of sixty cents per pound ($.60/lb.) per item damaged (the “Recovery Rate”), provided, however, that Bellhops’s maximum liability per shipment or order shall not exceed $2,000. For the avoidance of doubt, Bellhops will not assume any liability for any damages that occur in transit if you have ordered only labor Services (also referred to as a “Labor-only Moving Help” order on the Website) and not additional transportation Services. (In other words, Bellhops will not assume any liability for any damages that occur in transit if you have not submitted a Movers + Truck order). In addition, if you have ordered only labor Services (i.e., submitted a Labor-only Moving Help order), Bellhops’s maximum liability for such order shall be reduced and shall not exceed $1,000 per order.
By way of example, but not limitation, to illustrate how the Damage Protection Policy applies, if you have ordered both labor and transportation Services (Movers + Truck) and a Laborer fails to adequately secure and wrap a 75-pound headboard with sufficient protective padding and the headboard is significantly scratched during shipment, Bellhops will assume liability for a total of $45.00 (75 pounds multiplied by 60 cents) if you timely file a claim for damages with Bellhops. Similarly, if you have ordered both labor and transportation Services (Movers + Truck) and a 100-pound mirror is completely shattered during shipment due to a Laborer’s negligent packing of the mirror or the negligent driving of a Driver, Bellhops will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you timely file a claim for damages with Bellhops. However, in no event will Bellhops be liable for in excess of $2,000 for the total shipment or order. On the other hand, if you order only labor Services (Labor-only Moving Help) to assist you in packing a container for shipment by a third party transportation company and the same mirror is shattered during shipment, Bellhops will not assume any liability for the broken mirror. However, if a Laborer drops the same mirror while moving it into the container for shipment and such mirror is damaged, Bellhops will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you provide evidence, in Bellhops’s sole discretion, that the damages occurred prior to any shipment and timely file a claim for damages with Bellhops pursuant to the provisions below. In no event, however, will Bellhops’s total liability exceed $1,000 for the Labor-only Moving Help order.
For purposes of determining the weight of a particular item that qualifies for protection under the Damage Protection Policy, each shipping piece or package and the contents thereof shall constitute one item. In addition, the component parts of any single item disassembled for the purposes of handling, loading, and/or transporting such item shall constitute one item.
If you have personal property that significantly exceeds the Recovery Rate (e.g., an item valued at $5,000 that weighs only 50 pounds would be worth $100 per pound in contrast to the maximum Recovery Rate of $.60 per pound) or if you have ordered only labor Services that will not qualify for the Damage Protection Policy for damages that occur during transit, Bellhops strongly advises that you take extra precautions to ensure the safety and security of your items, including, but not limited to, by wrapping and protecting the items with your own materials prior to handling by a Laborer, ordering or providing extra padding and other packing materials for the Laborers to use to secure and protect the item, directing the Laborers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third party insurance for such items. Personal property that may significantly exceed the Recovery Rate includes, by way of example, but not limitation, jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronics devices.
By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high priced items, items of sentimental value, or otherwise, other than as set forth herein, regardless of whether such damages are negligently or intentionally caused by any Laborer or Driver (if applicable).
8.2 Damages To Real Property Caused By Third Party Providers
If a Third Party Provider (whether a Laborer or Driver) causes damage to your real property while performing the Services and you timely file a claim for damages, Bellhops will only assume the following liability for damages, provided that all your damages, whether to real or personal property shall be subject to the maximum total per order limitations described above ($1,000 for labor only services and $2,000 for labor and transportation services):
Damages to Wood Floors
In the event that wood floors are damaged, Bellhops will only repair or replace the local area damaged. Bellhops will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-Services finish. In addition, Bellhops will only offer the reasonable market rate, in its sole discretion, for repair of the local area damaged.
Notwithstanding the foregoing, Bellhops will not pay for any minor nicks or scratches or dents to wood flooring that, in Bellhops’s sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, prior to receiving any Services. You should also ensure that any furniture that you need moved is placed on sliders or that sliders are made available to the Laborers. In addition, if you do not have any covering for your wood flooring, you should not permit the Laborers to use any dollies or other hand trucks, which may be more likely to cause damage to your wood floors.
Damages to Handrails, Walls, Doors, and Drywall
Bellhops will not be liable for what Bellhops, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property, including, but not limited to, any paint damage, that you may incur as a result of the Laborers’ performance of the Services. Bellhops may, but shall not be required to, assume liability for what Bellhops determines, in its sole discretion, constitutes significant damage to handrails, walls, doors, and/or drywall. In such case, Bellhops will, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services or (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by Bellhops in its sole discretion.
Damages to Mailboxes
If a Bellhops Third Party Provider damages your mailbox while performing the Services, Bellhops will offer to, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services, (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by Bellhops in its sole discretion, (iii) replace the damaged mailbox with one of like kind and quality, or (iv) pay you for the cost of a replacement.
Bellhops will not be liable for any other damages to your real property, including, but not limited to, for any damages to lawns, landscaping, sprinklers, sidewalks, or driveways (including, without limitation, any cosmetic damage to driveways or other concrete or paved areas). You should not allow any transportation or other vehicles to park on your driveway or sidewalks if they are not capable of supporting such vehicles or if you are concerned that they may damage your driveway, sidewalks, or lawn. You should notify Bellhops prior to any Third Party Provider arriving to perform the Services so that they may make arrangements to park on a street or other designated area.
8.3 Filing Claims Under The Damage Protection Policy
If you have sustained damages to your personal or real property as a result of your receipt of the Services from a Third Party Provider, you must file a claim for damages within five (5) business days after you receive the Services at issue. Your claim for damages must be filed within the five (5) day claim period (the “Claim Limitations Period”) regardless of any other dispute that you may have. Claims may only be filed by the individual that booked the order for Services or the owner of the personal or real property damaged by the Third Party Providers. Failure to timely file a claim within the Claim Limitations Period will result in an absolute bar to any claim that you have against Bellhops or its subsidiaries or affiliates for damages to your personal or real property, regardless of whether such damages arise in contract, tort, or under any other legal theory.
To file a claim for damages under Bellhops’s Damage Protection Policy, you must contact the Bellhops Quality Team at the Claim Center. You may contact the Bellhops Quality Team by following the links at the Website (https://www.getbellhops.com/help/ or https://www.getbellhops.com/claims/), by submitting a request to email@example.com, or by requesting to speak with the Bellhops Quality Team at 1-888-836-3939. The Bellhops Quality Team will provide you with a damage claim form that you must complete and submit with all relevant documentation within the Claim Limitations Period. Relevant documentation includes, but is not limited to, a description of the damaged property, the nature of the damages, the weight of the item(s), and any pictures evidencing your damages. Your damage claim is not considered filed until you have submitted a completed damage claim form with Bellhops. When submitting a claim to Bellhops's Quality Team, all claims for damages must be included in the original claim. Additional claims for damages based on the same order for Services that are submitted after the original claim has been filed will not be accepted and shall be deemed waived.
Once your claim has been filed, you agree to cooperate with Bellhops in its investigation into your claim (e.g., by submitting documentary and other evidence requested by Bellhops, including, without limitation, additional pictures). If you fail to cooperate with Bellhops while it is assessing the claim or if your claim is not resolved within thirty (30) days due to some action or inaction on your part, Bellhops may, in its sole discretion, deny your claim in its entirety, and you agree that neither Bellhops nor any of its subsidiaries or affiliates will be liable for any damages to your property.
After Bellhops has reviewed your claim and any evidence submitted by you in support of your claim, Bellhops will issue you a claim settlement offer. You must accept or reject the settlement offer within thirty (30) days of the date that you received Services. For example, this means that if you receive a settlement offer fourteen (14) days after you received Services, you will have sixteen (16) days to accept or reject the settlement offer. Your claim should be resolved within thirty (30) days of your receipt of the Services at issue. If you do not respond to a settlement offer after receipt and within such thirty (30) day window, your claim will be denied in its entirety, and you will not be entitled to any damages under the Damage Protection Policy.
8.4 Specific Exclusions From The Damage Protection Policy
Notwithstanding anything herein to the contrary, including the foregoing discussion of the Damage Protection Policy, Bellhops and its subsidiaries and affiliates shall not be liable for any of the following damages:
You will be required to disclose any pre-existing damages to Bellhops prior to your move. In addition, Bellhops reserves the right, in its sole discretion, to declare a damage as pre-existing based on its investigation of your claim if facts and circumstances warrant such a determination.
Bellhops will not pay any damages for minor dents or small nicks or scratches caused by any Third Party Provider (or any agent thereof) to your property as a result of your receipt of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.
Bellhops will not be liable for damage to any particleboard, chip-core, or pressboard furniture.
Marble, slate, and stone material items are prone to weakness and cracking overtime. Bellhops will not be liable for damaged items made exclusively of (or a composite of) natural materials.
Bellhops will not pay any damages that have been repaired or replaced by you or someone else at your request prior to you filing a claim with Bellhops. You should not repair or replace property before resolving your claim with Bellhops unless you have obtained prior written consent from Bellhops.
Certain Electronics and Appliances
Bellhops will not be liable for electronics or appliances that fail to operate after being shipped and/or reconnected, nor will Bellhops be liable for any structural plumbing, electrical systems, or water damage associated with electronics or appliances that are handled by a Laborer. Third Party Providers should require all appliances to be disconnected, uninstalled, and drained (if necessary) by you prior to moving such items. In addition, Bellhops will not be liable for any damages caused to an electronics device (including, without limitation, any television or other display monitor) that is not properly boxed and protected before handling by a Laborer. You should never allow a television or other display monitor to be shipped or otherwise transported without proper protective packaging and securement.
If you request reassembly of any of your personal property by any Laborer or other Third Party Provider, Bellhops will not be liable for any damages that may arise as a result of the assembly, attempted assembly, or failed assembly of items containing particleboard, chip-core, or pressboard.
Bellhops does not arrange for Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If a Third Party Provider provides any such services, Bellhops will not be liable in any manner for any damages that may arise as a result of the actions or inactions of such Third Party Provider who performed such services.
Bellhops will not be liable for any damages to personal property that Laborers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), perishables (frozen food, plants, produce, refrigerated food, etc.), contraband or other items prohibited by federal or state law (illegal drugs, etc.), stolen property, and other property which you do not have a lawful right to possess.
Although Bellhops retains the right to cancel, and the Third Party Providers may refuse to complete, an order for Services in the event that you or someone else at the location to be serviced is being evicted, in the event that an order for Services is nonetheless completed, you will not be eligible for any protection under the Damage Protection Policy and agree to indemnify, defend, and hold Bellhops and its subsidiaries and affiliates harmless from and against any and all expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind, including as imposed by a court of law or by any governmental body or agency, that Bellhops and/or its subsidiaries and affiliates may incur as a result of, arising out of, or in relation to your or someone else’s eviction.
Fraudulent Misrepresentations of Weight
Bellhops will not pay any damages for any items based on weights that appear, in Bellhops’s sole discretion, to be inaccurate or a misrepresentation of the items' true weight.
8.5 Personal Injuries
For your safety, Third Party Providers may prohibit you and your agents from actively participating in the Services, including any loading or unloading of personal property, in accordance with their applicable insurance policies or other contractual arrangements, which may prohibit them from allowing you onto truck ramps, lift gates, or inside any moving truck. To the extent you or your agents should disregard their instruction or otherwise participate in any Services, neither Bellhops nor any of its subsidiaries or affiliates or the Third Party Providers shall be liable for any injuries or damages that you or your agents may incur or otherwise suffer, and you agree to indemnify Bellhops and its subsidiaries and affiliates from any expenses, losses, or damages that Bellhops or its subsidiaries or affiliates may incur as a result of your disregard of the provisions in this Section 8.5.
8.6 Disputed Claims
If you dispute Bellhops’s handling of your claim for damages under this Section 8, including, but not limited to, any proposed claim settlement under the Damage Protection Policy, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution and arbitration provision contained in Section 10 (and its subparts) below and that you must abide by the procedures discussed therein. If you desire to file a claim for arbitration pursuant to Section 10 (and its subparts), or otherwise contest the validity of the arbitration provision, you must commence such claim within eighteen (18) months of the filing of your initial claim with the Bellhops Quality Team.
9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
9.1. Disclaimer THE BELLHOPS PLATFORMS AND THE SERVICES THAT
THE BELLHOPS PLATFORMS AND THE SERVICES THAT YOU MAY ORDER THROUGH THE BELLHOPS PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BELLHOPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, BELLHOPS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES ORDERED THROUGH THE BELLHOPS PLATFORMS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
BY ORDERING AND/OR RECEIVING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THIRD PARTY PROVIDERS THROUGH THE BELLHOPS PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, BELLHOPS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. FURTHERMORE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT BELLHOPS IS NOT AN AGENT, EMPLOYER, OR A PARTNER OF ANY THIRD PARTY PROVIDER, THAT THE THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED, AND THAT THE ENTIRE RISK ARISING OUT OF YOUR RECEIPT OF THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
9.2. Limitation of Liability
BELLHOPS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 (AND ITS RESPECTIVE SUBPARTS 8.1 THROUGH 8.6) ABOVE. FOR THE AVOIDANCE OF DOUBT, BELLHOPS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS’ MAXIMUM LIABILITY PER ORDER SHALL NOT EXCEED $1,000 FOR REQUESTS FOR ONLY LABOR SERVICES OR $2,000 FOR REQUESTS FOR LABOR AND TRANSPORTATION SERVICES, AND IN NO EVENT WILL BELLHOPS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE, AGENTS, EMPLOYEES, AND CONTRACTORS’ LIABILITY TO YOU FOR ANY DAMAGE TO YOUR PERSONAL OR REAL PROPERTY EXCEED SUCH LIMITATIONS FOR ONE ORDER. IN ADDITION, BELLHOPS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE BELLHOPS PLATFORMS, AND/OR THE SERVICES PERFORMED BY THIRD PARTY PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY), AND EVEN IF BELLHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.
You agree to indemnify, defend, and hold Bellhops, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys’ fees) relating to or arising from: (i) your violation of any third-party right, including, without limitation, any right to privacy, publicity rights, or intellectual property rights (including any User Content submitted by you); (ii) your wrongful or improper use of the Bellhops Platforms or the Services; (iii) any actual or alleged breach of the Terms or your representations, warranties, and obligations set forth in these Terms; (iv) your violation of any rights of another, including any of the Third Party Providers or any other User; (v) your violation of any law, rule, or regulation of the United States or any other country; and (vi) your negligence or willful misconduct (including any negligence or willful misconduct in packing any personal property for shipment or relocation by a Third Party Provider). This obligation and any other indemnification obligation set forth in these Terms will survive the termination of these Terms and/or your use of the Bellhops Platforms.
10. DISPUTE RESOLUTION
10.1 Informal Dispute Resolution Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against Bellhops or any Third Party Provider or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the Bellhops Platforms; or your order for, receipt of, or the performance of the Services (collectively, the “Disputes”). The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to Bellhops.
If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and Bellhops, provided, however, that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Bellhops are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Bellhops otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of Sections 10.2 through 10.7 hereof will be deemed void and severable. Except as provided in the preceding sentence, Section 10 of these Terms (and each of its respective subparts) will survive any termination of this agreement.
10.3 Arbitration Rules and Governing Law
The arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by Section 10 hereof (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of Tennessee.
10.4 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf.) The written Demand for Arbitration shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to Bellhops at the following address: Legal Department, Bellhops, Inc., 1110 Market Street, Suite 502, Chattanooga, TN 37402.
10.5 Arbitration Location and Procedure
Unless you and Bellhops agree otherwise, the arbitration will be conducted in Chattanooga, Tennessee. 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 and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10.6 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with Sections 8, 9, and 10 hereof (and their respective subparts), including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Except where the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Bellhops will pay for the costs of the arbitration, including the arbitrator’s fees and expenses, the cost of the arbitration site, and the portion of the filing fee that exceeds the filing fee then in effect for filing civil actions in the United States District Court for the Eastern District of Tennessee, if you are the claimant. In all other respects, the parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.
11. OTHER THIRD PARTY INTERACTIONS; DISCRIMINATION
11.1 Other Third Parties
While using the Bellhops App, the Website, and/or any other Bellhops Platform and/or while requesting or receiving Services, you may enter into correspondence with or purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Bellhops App, Website, and/or the other Bellhops Platforms. Any such activity and any associated terms, conditions, warranties, or representations are 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 Bellhops App 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 Bellhops App and/or Website and Services to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party service providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Bellhops disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.
You agree that you will not use the Bellhops Platforms to engage in any form of discrimination or harassment, including when providing any ratings or other feedback following completion of the Services by any Third Party Provider. Specifically, you agree that you will not discriminate against or harass any User or Third Party Provider on the basis of any such User or Third Party Provider’s race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws. If you are not able to comply with this Section 11.2, you may not use any of the Bellhops Platforms.
13. MISCELLANEOUS PROVISIONS
13.1 Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any conflict of law principles.
13.2 Claims of Copyright Infringement
Claims of copyright infringement should be sent to Bellhops’s designated agent. Please e-mail firstname.lastname@example.org for more information.
Bellhops may give notice to you by means of a general notice on the Bellhops Platforms, by electronic mail to the e-mail address or addresses you have provided to Bellhops, by facsimile transmission, or by written communication sent by overnight courier service, first class mail, return receipt requested, or certified or registered mail to the address or addresses you have provided to Bellhops. Unless otherwise provided in another Section of these Terms, you may give notice to Bellhops by first class mail, return receipt requested, or certified or registered mail to: Legal Department, Bellhops, Inc., 1110 Market Street, Suite 502, Chattanooga, Tennessee 37402. Permitted notices shall be deemed effective, as applicable, (i) 12 hours after sending, if sent by e-mail, unless the sender receives notice of failed delivery, (ii) the day notice is received if notice is given by facsimile, (iii), on the first business day after the date of sending via overnight delivery service if notice is given by such a delivery service, or (iv) the fourth business day after notice is deposited in the United States mail, if notice is given by United States certified, registered, or first class mail.
13.4 Electronic Communications
You consent to receive communications from 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.
These Terms shall be binding upon and inure to the benefit of the parties to this agreement and their respective successors and permitted assigns. You may not assign these Terms without Bellhops' prior written approval. Bellhops may assign these Terms without your consent, including, without limitation, to a subsidiary or affiliate or a successor-in-interest in connection with a change in control (whether by merger, sale of stock or assets, consolidation, reorganization, or otherwise). Any purported assignment in violation of this section shall be void.
13.6 Independent Contractor
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, Bellhops or any Third Party Provider as a result of these Terms, your use of the Bellhops Platforms, or your receipt of any Services.
If any provision (or portion of any provision) of these Terms is determined to be invalid, illegal, or otherwise unenforceable to any extent in any context, such invalidity shall not affect the validity or operation of any other provision of these Terms, and such invalid provision (or portion of any provision) shall be reformed to the maximum extent permitted by law to effectuate the intent of these Terms or, to the extent not reformable under applicable law, severed from these Terms with the remaining provisions of these Terms remaining in full force and effect.
13.8 No Waiver
No waiver of any of the provisions of these Terms shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of Bellhops to insist upon the strict performance of any provision of these Terms or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. Rights and remedies under these Terms or under applicable law shall be cumulative, and the exercise of any particular right shall not be exclusive of any other right or remedy provided by these Terms or allowed under applicable law.
13.9 Complete Agreement
These Terms (and any other policies and terms referred to herein) constitute the entire agreement between you and Bellhops with respect to the subject matter hereof and supersede any and all prior agreements, negotiations, representations, and promises, whether written or oral, between you and Bellhops.
13.10 Contact Information
If you have any questions, complaints, comments, or concerns about the Bellhops Platforms or the Services, please contact Bellhops at:
1110 Market Street, Suite 502
Chattanooga, TN 37402
Give us a call 1 (888) 836-3939