I. General Provisions
Moving Buddy, Ltd., and its affiliates (hereinafter “Moving Buddy”) is a communications company that connects individuals who are interested in securing household goods moving services with third party household goods motor carriers that are authorized to provide such services. Moving Buddy is not a household goods mover and it does not provide motor carrier transportation services.
These Terms and Conditions of Service contain important information for you as a user or potential customer of services offered by Moving Buddy. Please note that other references to you in these Terms & Conditions may include the term “Customer.”
These Terms & Conditions collectively constitute a legally binding contract. You should carefully review these Terms & Conditions before proceeding to access or use the services of Moving Buddy, including but not limited to the use of Moving Buddy’s website, software, apps. and any other means of communications (hereinafter collectively called “communications systems”) of Moving Buddy.
You should understand that these Terms & Conditions shall govern any and all orders, interactions, activities, services, claims, limitations of liability, arbitration requirements or other issues involving Moving Buddy and the services hereunder. Consequently, you should not use the communications systems or the services of Moving Buddy unless you agree and fully accept these Terms & Conditions.
You understand and recognize that Moving Buddy may revise any of these Terms & Conditions at any time that it deems appropriate in its sole discretion. Therefore, you should review the Terms & Conditions regularly since the revisions will become effective immediately on the date they are posted online. In the event that you continue the use of or access to any of the communications systems of Moving Buddy, and/or if you place an order after such revisions have been posted online, the revisions shall apply and you will be bound by them. In addition, in the event that you make a specific request for service that is not fully addressed in the general Terms & Conditions of Moving Buddy, you agree to accept and be bound by any additional Terms & Conditions issued by Moving Buddy relative to your specific request.
These Terms & Conditions apply and govern any activities in which you engage with the website, software and other communications systems of Moving Body, including but not limited to the ordering of services. By accessing and using these communications systems and placing an order for services, you are specifically not granted any interest in any license in the website, software and other communications systems, except for a revocable license to access and use these communications systems for the limited purpose described in these Terms & Conditions. Similarly, your access to and use of these communication systems does not grant you any interest whatsoever in or authority to use, reproduce, sell, modify or otherwise appropriate any trade name, trademark, copyrighted material or other materials that are proprietary to Moving Buddy.
You agree and acknowledge that Moving Buddy reserves all rights relative to its website, software and other communications systems, except as those specifically granted herein for the limited purpose stated in these Terms & Conditions.
You also agree that when accessing or using the website and other communications systems of Moving Buddy, you will do so only for legitimate purposes for which it is intended and you will not act fraudulently, unlawfully or cause damage by such access or use.
You further agree that Moving Buddy, its affiliates and their respective employees, contractors and agents may contact you at any of the email addresses or phone numbers you provide to Moving Buddy. These communications may include but are not limited to emails, text messages, phone calls and push notifications. Standard message and data rates may be applicable.
II. Ordering and Payment for Services from Moving Buddy In order to use the Moving Buddy website or other communications systems, you acknowledge that you have carefully read and you understand these Terms & Conditions.
You are required to be a resident of the United States, at least 18 years of age and you have legal possession and authority to move the household goods that are the subject of an order for services. To order services from Moving Buddy, you will be required to provide Moving Buddy with full and accurate information in response to the specific questions asked. Additionally, you must provide your full name, email address and phone number as well a relevant information for your credit card.
A valid credit card is required to hold your reservation. You agree and authorize Moving Buddy to place a hold on your credit card in an amount equal to the estimated total for the services you have ordered for on the day prior to your move.
You understand and agree that a minimum charge of two (2) hours, based upon the hourly rate you reserved, that will apply to my move in addition to the base fee for travel time to arrive at the location where your move will originate. In the event that your move takes longer than two (2) hours, you will be charged in increments of fifteen (15) minutes, based upon the hourly rate you reserved. You also understand and agree that the fees and charges will include applicable taxes in accordance with legal requirements. You understand that in the State of Ohio at this time, taxes will apply to box purchases only.
Fees and charges paid by you are final and non-refundable, unless otherwise indicated by Moving Buddy in its sole discretion. In the event that a charge to your credit card is declined, you authorize Moving Buddy to use an alternative method of payment provided by you and you recognize and agree that you are liable for the charges assessed in accordance with these Terms & Conditions.
During this process, although Moving Buddy strives to provide a reasonably accurate estimate of final fees and charges based upon the information you have provided, you understand and agree that all estimates are non-binding and are not intended to be a guarantee of your final costs. Other circumstances that exist at the time the services are provided and are beyond the control of Moving Buddy can also affect the final fees and charges.
You recognize and understand that Moving Buddy acts as a broker to connect you with qualified third party household goods carriers. You understand that since you will be paying Moving Buddy for the moving services you receive, Moving Buddy will forward payment directly to the third party household goods carrier who provided actual household goods moving services to you. Therefore, you should not issue any payment for such services to the household goods carrier involved in your move, except for a nominal gratuity at your discretion.
You do understand and agree that Moving Buddy reserves the right to refuse or cancel an order for services at any time for any reason, at its sole discretion. You understand and agree that hazardous, illegal or dangerous items, materials or substances are expressly excluded from any order. Additional factors that may result in the refusal or cancellation of service, may include but are not limited to inadequate, unsafe, or lack of reasonable access to property, inclement weather, and dangerous, unsafe or hazardous goods or conditions. You understand and agree that if your order is refused or cancelled in accordance with these Terms & Conditions, you will be responsible to pay any applicable charges for cancellation and/or rescheduling.
III. Claim Issues – PLEASE REVIEW THIS INFORMATION CAREFULLY
You understand and recognize that Moving Buddy is an independent broker only and as such, it has no responsibility for providing the actual household goods moving services, including but not limited to transportation and labor. Moving Buddy strive to connect Customers with authorized and quality household goods movers (hereinafter “household goods movers”); however, Moving Buddy cannot guarantee the moving services provided by the household goods movers and cannot make any representations regarding quality or offer any warranties of any nature regarding their services.
You acknowledge and understand that to avoid possible risk of personal injuries, the household goods mover(s) may not permit you or others on your behalf to participate in the loading or unloading of the proper or permit you or others on your behalf to use the equipment or enter or operate the truck of the household goods movers.
In the event that a claim for loss or damage to personal property arises as a result of the services provided by the household goods mover, subject to the exclusions set forth in the following Terms & Conditions, your claim must be submitted within five (5) business days in writing after the services are provided (hereinafter the “Claim Deadline”). If you fail to submit the claim before the Claim Deadline, your claim will be absolutely barred regardless of the nature of the claim or the underlying legal theories of the claim.
You shall submit the completed Claim Form required and provided by Moving Buddy, setting forth specific information in writing such as an accurate description of the damage to each item, the weight of each damaged item, photos if they are available, and other relevant information. You agree to cooperate and provide follow-up information to Moving Buddy as requested. Once Moving Buddy makes a determination regarding the claim, you will receive a notice that the claim is denied or a notice in which a settlement is offered. You will be required to respond to any settlement offer within thirty (30) after the date on which the household goods moving services were provided.
A valid and timely claim will be settled by Moving Buddy at a rate of sixty cents per pound ($.60/pound per article) (hereinafter called the “Reimbursement Amount”). To illustrate, if you submit a claim for significant damage to a bookshelf that weighs 100 pounds, your reimbursement amount would be Sixty Dollars ($60.00). In no event will the total Reimbursement Amount for the order exceed Two Thousand Dollars ($2,000.00). By placing an order with Moving Buddy, you recognize that the Reimbursement Amount will be applicable regardless of the actual cost or value of the items.
The following exclusions do apply to the foregoing claim settlement process include damages to items and other property for which Moving Buddy cannot accept liability:
a. Furniture made of particleboard, fiberboard, chipboard or similar materials; and,
b. Items that have been repaired prior to your submission of a claim for such damage (preventing Moving Buddy from inspecting the damage claimed); and,
c. Items with pre-existing damage which shall be determined solely by Moving Buddy; and,
d. Items made of marble, stone, slate, plaster and similar materials; and,
e. Appliances or electronic items that have not been sufficiently wrapped to protect them from damage, or which fail to operate after being moved; and,
f. Minor damages such as scratches or small dents or nicks.
In addition, Moving Buddy shall not be liable in the event that hazardous, illegal or other dangerous materials that you tendered to the household goods mover in violation of these Terms & Conditions. You agree to indemnify and hold Moving Buddy harmless for any and all claims, damages, expenses, losses, costs, judgments and other liabilities arising from or related to your prohibited behavior.
In the event that your order for moving services involves a location or person(s) that are the subject of an eviction or other legal action, Moving Buddy reserves the right to cancel the order. You agree that you will indemnify and hold harmless Moving Buddy, its affiliates and the household goods mover(s) for your order from any and all claims, damages, expenses, losses, costs, judgments and other liabilities arising from or related to such legal matters.
It is important that you carefully review and understand these Terms & Conditions. If you do not agree to the claim settlement process described in these Terms & Conditions, you should not place an order with Moving Buddy. You also understand and agree that by placing an order for moving services with Moving Buddy, that neither Moving Buddy nor any household goods mover(s) that provides service pursuant to your order shall be liable to you for any damages in excess of the Reimbursement Amount described in these Terms & Conditions. In other words, by placing an order with Moving Buddy, you hereby waive and release Moving Buddy and the household goods mover(s) from any and all liability for any claims for damages in excess of the Reimbursement Amount described in these Terms & Conditions.
In the event that there are damages to real property claimed by a Customer, you are required to submit the completed Claim Form required and provided by Moving Buddy, setting forth specific information in writing such as an accurate description of the damage to each item, photos if they are available and other relevant information. You agree to cooperate and provide follow-up information to Moving Buddy as requested. You will be required to respond to any settlement offer within thirty (30) days after the date on which the household goods moving services were provided.
You understand and agree that Moving Buddy shall not be liable for any amount in excess of Two Thousand Dollars ($2,000.00) per order. Your written claim must be submitted to Moving Buddy within the Claim Deadline (five (5) business days after the date of service), and you will be required to provide a specific description regarding the nature and scope of the damage and any other relevant information or documentation, such as photos.
The following exclusions will apply regarding your damage claim involving real property for which Moving Buddy shall not be liable:
a. Scratches, dents, scuffs or other marks on walls, doors, railing, or wooden floors, which are determined by Moving Buddy in its sole discretion to be minor; and,
b. In the event of significant damage to wood floors, Moving Buddy will be required to repair only the area damaged in the move; and,
c. In the event of significant damage to wood floors, Moving Buddy cannot guarantee that the floor repair to the damaged area will perfectly match the undamaged floor areas; and,
d. Damage to other real property such as damages to lawns, lawn sprinklers, lawn decorative pieces or landscaping, driveways and sidewalks.
You understand and agree that you will be responsible for directing the household goods movers to park only on the adjacent street(s) or driveway, if it can support the weight of the vehicle(s) of the household goods mover(s). In a case where there is concern regarding the use of the driveway for this purpose, you will provide advance notice to Moving Buddy that the vehicle(s) must be parked on the street only.In the event of a claim for damage to a mailbox, Moving Buddy will make a determination regarding the validity of the claim upon receipt of the requisite supporting information and documentation. Moving Buddy will make a determination regarding the validity of the claim. If Moving Buddy determines that the claim is valid, Moving Buddy will submit an offer to you. That offer may include having the repairs performed or pay you for the cost of such repairs.
In the event that the mailbox cannot be reasonably repaired, Moving Buddy may offer to pay you the replacement cost or may replace the mailbox with one of like kind and value. You will be required to respond to any settlement offer within thirty (30) days after the date on which the household goods moving services were provided.
IV. Other important information
Moving Buddy is currently utilizing Armbruster Moving & Storage, Inc. as its household goods mover. Armbruster Moving & Storage, Inc. is an established, quality movers. Its U. S. Department of Transportation number is __ and its MC license number is ___.
We do not offer interstate services but these publications by PUCO and FMSCA are good references when hiring a moving company. "Ready to move"?
-- "Tips for a Successful Interstate Move”
and “Your Rights and Responsibilities When You Move
V. Disputes and Arbitration
In order to reduce potential delays and unnecessary costs, you agree that if a dispute arises between you and Moving Buddy, that you agree to submit the matter to arbitration, the result of which shall be binding and final. Therefore, you agree that you are waiving your right to a jury trial or to participate as an individual plaintiff or a member of a purported class action in any legal action. Moving Buddy also agrees to waive its right to a jury trial; however, it reserves the right to pursue legal action in order to protect its trade name, trademark, copyrighted material, any intellectual property or other materials that are proprietary to Moving Buddy.
If you wish to initiate arbitration in accordance with these Terms and Conditions, you agree to provide Moving Buddy and any other respondents or defendants with a written Demand for Arbitration as required in the rules governing commercial and consumer related matters of the American Arbitration Association except as otherwise provided in these Terms and Conditions. For the purposes of this provision, the mailing address for Moving Buddy shall be _________.
You and Moving Buddy agree that the arbitration proceedings shall take place in Brunswick, Ohio.
You understand and agree that the arbitrator will not be authorized to aware consequential or punitive damage and shall be limited to the prevailing party’s actual damages unless otherwise required by statute.
Each party in the arbitration shall be responsible for all expenses and costs relating to their respective legal representation, including attorneys’ fees and expenses.
Further, unless the arbitrators determines that the substance of your claim as described in your Demand for Arbitration is frivolous, fraudulent, improper or not reasonably based upon adequate information, the costs of the arbitration, including the cost of all expenses, including but not limited to the cost of the arbitration site the arbitrators fees and expenses, shall be shared equally by the parties except as other required by law.
VI. Liability Issues
These Terms & Conditions contain several provisions regarding the potential liability of Moving Buddy, including limitations of liability in specific circumstances such as claims. These Terms & Conditions also contain provisions that may impose potential liability upon you as a Customer, so it is critically important that you understand and agree that the communications systems of Moving Buddy and the services that you order through the communications systems of Moving Buddy are provided on an “as is” basis. MOVING BUDDY MAKES NO REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO A WARRANTY OF IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR GUARANTEES REGARDING QUALITY, TIMELINESS OR RELIABILITY.
VII. Miscellaneous Provisions
You recognize and agree that these Terms & Conditions (as they were issued as of the date your order was placed) shall constitute the entire and complete agreement between you and Moving Buddy, superseding any and all previous discussions, representations, or negotiations of any nature whatsoever between you and Moving Buddy.
These Terms & Conditions shall be binding upon you, your successors and representatives. You may not assign your order or these Terms & Conditions without explicit prior written approval of Moving Buddy. Moving Buddy does reserve the right to assign these Terms & Conditions without your advance approval to any affiliate, subsidiary or successor entity.
You agree that any waiver or non-enforcement of any of the provisions set forth in these Terms & Conditions shall not be construed to be a waiver or relinquishment of any other provision set forth in these Terms & Conditions.
If any provision set forth in these Terms & Conditions is determined to be unlawful or unenforceable, such unenforced ability shall not affect the enforce ability or operation of any other provisions in these Terms & Conditions. The remaining provisions shall remain in full force and effect. Further, to the extent permitted by law, any provision that is deemed to be unenforceable shall be reformed to effectuate the intent of the Terms & Conditions.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to the conflict of law principles of Ohio.