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RemoveAndHaul.com Terms of Use

Last Updated: April 23rd, 2020

  1. ACCEPTANCE OF TERMS OF USE

Please review these Terms of Use (together with our Privacy Policy, the “Agreement”). Remove and Haul Technologies, LLC (“Remove and Haul”, “RemoveAndHaul.com”, “we” or “us”), is the owner and operator of the RemoveAndHaul.com website (together with all content, tools and services provided on or in connection with such website, the “Website”). You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Website. By accessing, browsing or using this Website, or any page thereof, through any direct or indirect means, or by using the tools, forms or services offered in or through the Website, you accept and agree to be legally bound by these Terms of Use and the Agreement. THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS, A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF, AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (Sections 5 and 8). These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website. For purposes of this Agreement, “you” or “your” means the person(s) using the Website and/or any tools, forms or services offered in or through the Website. If you are using the Website on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Agreement.

RemoveAndHaul.com shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. When we post changes to these terms of use OR our PRIVACY POLICY, we will revise the “last updated” date at the top of the applicable document. Accordingly, you should periodically check the “last updated” date at the top of each document so that you can familiarize yourself with any changes. Any use by you of the Website or the tools, forms or services offered in or through the Websites following such posting shall be deemed to constitute acceptance of such changes.

  1. PRIVACY POLICY

Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, for detailed information about our policies and practices applicable to the information that is collected through the Website or received directly from you, including the sharing of such information with third parties and its use for advertising and other purposes. By accessing or using the Website, you consent to the collection, storage, use and disclosure of your information as described in the Privacy Policy (as it may be changed from time to time, as described more fully in the Privacy Policy).

  1. MATCHING TOOLS AND SERVICES

Our Website provides tools and services to help you find junk removal services or estimates for junk removal services, all of which are provided by third parties unaffiliated with RemoveAndHaul.com.RemoveAndHaul.com is a website operated by Remove & Haul Technologies that acts as a 3rd party digital matching service that connects you, the customer, and independent contractors who provide the service. Remove & Haul Technologies does not deliver, pick up or service any items at the customer’s site. If any damages occur, Remove & Haul Technologies shall be held harmless and the customer must deal with the actual independent contractor that provided the service for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the contract carrier.

 

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for quotes or estimates or any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to junk removal or another product through RemoveAndHaul.com to each of the companies to whom your request is transmitted.

You agree that by providing your telephone number in any submission within Remove and Haul’s webpages that you are providing your signature expressly consenting to receive calls, emails, postal mail, text messages, and other forms of communication from up to eight companies including calls made with an automatic telephone dialing system or prerecorded voice to the wireless or residential telephone number you provided even if you are on a state or federal Do Not Call registry. You acknowledge and understand that your wireless carrier may impose charges for these calls or texts and consent to receive communications is not a condition of purchase. You may revoke your consent at any time.

By including your email in any submission, you are extending an express invitation to each company you have been matched with to contact you by email at any email address you provided (in this case, any such email from a Junk removal company will not be considered spam or unauthorized by any local, state or federal law or regulation). For any service, you represent that all of the information you have provided in your submission is true and complete.

RemoveAndHaul.com seeks to provide you multiple estimates through its network of unaffiliated junk removal companies. By submitting information on an the estimate form or similar form, you authorize us to provide such information to junk removal companies in order to help you complete your request. Additionally, by submitting a request for a junk removal estimate, you authorize the companies to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties.

  1. PROPRIETARY RIGHTS AND LICENSES

You are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the contents of the Website on a single computer solely for your personal use (and not for commercial resale or redistribution) to find junk removal services and other products or services featured on the Website. All other rights are hereby reserved. “RemoveAndHaul.com” and the RemoveAndHaul.com logo are service marks owned by Remove and Haul. Other product and company names mentioned herein, including the names of Junk removal companies, may be the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of RemoveAndHaul.com or the applicable Mark holder specific for each such use. The Marks may not be used to disparage RemoveAndHaul.com, the junk removal companies, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks.

The Website contains copyrighted material, trademarks and other proprietary information of RemoveAndHaul.com and/or its Junk removal companies, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. RemoveAndHaul.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part. Nor may you reverse engineer, decompile or disassemble, or make any derivative works based on, the Website or the software or technology used in the Website (including any customization, translation, or localization). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material from the Website will be permitted without the express written permission of RemoveAndHaul.com and the copyright owner (if different from RemoveAndHaul.com). Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

We grant you a revocable right to create a link to the home page of this Website. You will not state or imply that you or any website on which you place such a link, or any of its pages, are endorsed by, sponsored by or affiliated or associated with this Website or RemoveAndHaul.com. Nor may you make any representations or warranties, express or implied, with respect to this Website or any products or services available hereon, or any statements that are inconsistent with the Agreement.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Remove & Haul Technologies shall NOT be responsible for ANY DAMAGES to customer’s Home, pavement, curbing or any other driving surfaces resulting from the weight of the truck for service at the customer’s location. Remove & Haul Technologies shall not be responsible for any damages to the customer’s property including but not limited to in the home, driveways, walkways, structural damages, landscaping and lawn. Remove & Haul Technologies act’s as a digital matching service between the customer and the independent contractor. Remove & Haul Technologies does not deliver, pick up or service any items at the customer’s site. If any damages occur, Remove & Haul Technologies shall be held harmless and the customer must deal with the actual contract carrier that provided the service for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to the company.

 

RemoveAndHaul.com intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by RemoveAndHaul.com at any time. Under no circumstances will RemoveAndHaul.com be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” RemoveAndHaul.com AND/OR ITS JUNK REMOVAL COMPANIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR RemoveAndHaul.com’s SERVICES IS AT YOUR OWN RISK. RemoveAndHaul.com AND/OR ITS JUNK REMOVAL COMPANIES AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR RemoveAndHaul.com’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RemoveAndHaul.com AND/OR ITS JUNK REMOVAL COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. INDEMNITY

As a condition of use of the Website and/or RemoveAndHaul.com’s services, you agree to indemnify RemoveAndHaul.com and its affiliates, suppliers and Junk removal companies, and its and their respective members, managers, directors, officers and employees, from and against any and all liabilities, expenses (including reasonable attorneys’ fees), claims and damages arising out of your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of the Agreement.

  1. LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. RemoveAndHaul.com does not operate or control in any respect any information, software, products or services available on such websites. RemoveAndHaul.com’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. RemoveAndHaul.com is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.

  1. AGREEMENT TO ARBITRATE

You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.

Arbitration Procedures

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

Confidentiality

The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.

Severability

With the exception of any of the provisions in of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

  1. WEBSITE PROVIDED FROM THE UNITED STATES

If you are using the Website from outside the United States, please be aware that your information will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, which is provided exclusively from the United States, you hereby consent to the transfer of your information to the United States and its collection, storage, sharing and use as described in our Privacy Policy. You further agree that all transactions relating to the Website shall be deemed to have occurred in the United States. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.

  1. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites) constitutes the entire agreement between you and RemoveAndHaul.com with respect to the Website and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and RemoveAndHaul.com with respect to the Website and information, software, products and services associated with it. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All terms of the Agreement shall survive any termination hereof, except for those terms (like licenses) that are revocable or, by their context, are not intended to survive termination.

We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and RemoveAndHaul.com or any of our affiliates as a result of this Agreement or your use of the Website. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Website or sending an e-mail to you at any e-mail address you have on file with us. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Remove and Haul Technologies, LLC, 1990 North California Blvd, Suite 830, Walnut Creek, CA 94596 . If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then send an email to [email protected]

This Agreement is not assignable by you, except by operation of law; RemoveAndHaul.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

  1. VOICE RECORDING AND MONITORING CONSENT

You agree and consent that Remove and Haul may record or monitor oral or voice communications, utterances, and conversations or commands made by you during any calls you make to Remove and Haul as permitted by 18 U.S.C. §§ 2511 et seq., Cal. Penal Code § 632 et seq., and other state laws that regulate call monitoring and recording. By calling Remove and Haul, you expressly consent and grant it the right to record or monitor and use this information in connection with RSI and for the purposes set out in the Privacy Policy. Remove and Haul is under no obligation to monitor or record its services for accuracy, completeness, or quality.

  1. POLICY REGARDING USER CONTENT

Remove and Haul provides this website as a benefit to its users, and strives to make this online forum safe for all users. Remove and Haul has developed the following policies regarding the removal of user content from this website. As a user of this website, you agree to follow and to be bound by these policies.

Remove and Haul may remove content it deems, in its sole discretion, to be inappropriate, harmful, or violates the rights of others from this website including, but not limited to:

  • content that threatens or promotes injury to others or self
  • content that threatens or promotes violence to any person or property
  • content that threatens or promotes criminal conduct or unlawful activity
  • content used to harass, bully, blackmail, or disparage another
  • content containing hate speech
  • content containing nudity or graphic depictions of sex or violence
  • content that is harmful to this website, to this online forum, to Remove and Haul, or to the goodwill associated with any of Remove and Haul’s trademarks
  • content that violates the rights of another, including, without limitation, contractual rights, intellectual property rights and rights of publicity and privacy

Remove and Haul encourages users to notify it of content that may be inappropriate or harmful. In fact, a user may notify Remove and Haul of potentially inappropriate or harmful content by sending a message to the following individual:

Compliance
[email protected]
1990 North California Blvd, Suite 830, Walnut Creek, CA 94596

 

  1. PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES

Remove and Haul connects individuals with junk removal companies and is not a junk removal or operating company. Therefore, products and services are provided exclusively by or through the junk removal companies and not Remove and Haul.

  1. PRODUCTS AND SERVICES DESCRIPTIONS NOT AVAILABLE IN ALL STATES

The products and services descriptions provided by Remove and Haul are for informational purposes only and are subject to change. Some products and services may not be available in all jurisdictions. Anyone interested in a particular product or service should call to determine eligibility and to request a copy of the applicable policy or other plan documents for a complete description of the product.

  1. TRADEMARKS

There are references throughout the website to various trademarks or service marks and these, whether registered or not, are the property of their respective owners. The registered marks and other Remove and Haul marks are owned by Remove and Haul Technologies, LLC.