Last Modified: 4/11/2018
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.
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).
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.
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
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.
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.
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.
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.
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.
7.1. REFUSAL OF SERVICE
In booking a move with Bellhops, you acknowledge that Bellhops’ has the right to refuse service for any reason. The circumstances warranting a refusal of service include but are not limited to the following:
Bellhops will not accept orders for customers being evicted, and will refuse service if a move is determined to be an eviction when the bellhops arrive.
If Bellhops identifies that the customers property is considered prohibited, by the standards outlined in Section 7, Bellhops may refuse service. If the customer still wishes for Bellhops to move the property that is not prohibited, Bellhops may decide to move only the customer’s property that is not prohibited at its’ sole discretion.
If Bellhops identifies that the moving environment is either too dangerous, hazardous, or unsanitary, service may be refused.
Inclement weather can include, but is not limited to: rain, snow, sleet, high winds. In cases of inclement weather, Bellhops reserves the right to either perform the move with a signed waiver of liability for damage due to weather, or cancel the move and/or reschedule it to the next available time.
Access to property
Bellhops reserves the right to refuse service if a customers property cannot be accessed, or is deemed too far away from the location of the truck. This can include a dangerous driveway, a lack of parking space for the truck, walking distance of 300 feet or more from the truck to the property, or any other circumstance that puts the safety of the Bellhops, truck, customer, and/or customer’s belongings at risk.
The Customer Refuses the Estimated Cost
If a move estimate needs to be revised from the original estimate, due to a discrepancy between the move details given at booking and the actual property details that are present on move day or come up during the move, the customer will be presented with a revised estimate. If a customer refuses to agree with the revised estimate, Bellhops reserves the right to discontinue or refuse service if necessary. Nothing in this section shall be construed to bind Bellhops to the original estimate, as all charges longer than the product type minimum are billed at type worked unless otherwise specified.
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.
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 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. 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).
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 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 firstname.lastname@example.org 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.
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
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.
Natural Stone Materials
Marble, slate, and any other form of 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 such as these.
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.
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.
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.
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 due to 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 $25,000 (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 three (3) business days of the date of delivery, a written claim to Bellhops Quality Team via email@example.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
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.
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 firstname.lastname@example.org 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)).
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 email@example.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 firstname.lastname@example.org for more information.
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 email@example.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.
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.
If any provision (including any sentence or part of a sentence) of this Agreement 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.
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 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:
1110 Market Street, Suite 502
Chattanooga, TN 37402