Terms of Service

Please read these terms carefully before using our services.

Last Modified: January 24, 2021

1. Contractual Relationship

The following terms of service (the "Terms") constitute a legally binding agreement between you (also referred to below as "User") and UMovers LLC ("UMovers") and govern your access to and/or use of UMovers services or the services of any of UMovers subsidiaries or affiliates, including, but not limited to, your use of UMovers website at https://www.umoversllc.com (the "Website") and any other online areas owned or operated by UMovers and its telephone order system (currently accessible at (540) 418-6533) (collectively, the "UMovers Platforms"), as well as any order that you might place through the UMovers Platforms.

1.1 Accepting These Terms

Please read these Terms carefully before accessing or using any of the UMovers Platforms, including, but not limited to, before placing any order with UMovers for labor and/or transportation, or any other services (collectively, the "Services"). By accessing or using the UMovers Platforms, including, without limitation, by placing an order for Services online or via telephone at the number described above, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, provisions that limit UMovers liability, and provisions that require individual arbitration of any potential legal dispute between you and UMovers. If you do not agree to these Terms, you may not use the UMovers Platforms or receive any Services.

2. The UMovers Platform

2.1. About UMovers and the Company's Services

UMovers is a company that provides independent contractors who provide labor for individuals who are seeking local, regional, and/or other moving services. You understand and acknowledge that UMovers are not liable for damage of property, home, transportation devices provided, or any other object or equipment while performing tasks or transporting to and from tasks.

By using the UMovers Platforms to order Services, you acknowledge and agree that you are requesting that UMovers provide you with labor services only and that UMovers should request and schedule the Services on your behalf. You further acknowledge and agree that when UMovers arranges for a labor service to perform transportation services, UMovers is acting in its capacity as a property broker (and not as a transportation provider or as a broker of the transportation of household goods). You further acknowledge that you may be exposed to situations involving labor activities that are potentially unsafe, and dangerous, and that the use of UMovers and participation in labor duties is at your own risk and judgment.

2.2. License

Subject to your compliance with these Terms, UMovers grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the UMovers Platforms solely for their intended purposes, including (i) to place orders for Services; (ii) to access and use any content, information, and related materials that may be made available as a result of a request for Services. Any rights not expressly granted herein are reserved by UMovers and UMovers's licensors.

3. Your Use of the UMovers Platforms

3.1. Placing an Order for Services

In order to place an order for Services, you must be at least 18 years of age and must provide UMovers with a valid e-mail address and phone number. By placing an order, you are ensuring that you have the necessary finances to pay for your move.

3.2. Pricing

UMovers reserves the right to revise its fees for any or all aspects of the Services at any time in UMovers sole discretion. You acknowledge and understand that pricing in certain geographical areas may increase from time to time, including, but not limited to, during times of high demand for Services.

When placing an order for Services, you may receive an estimate of fees and costs. UMovers attempts to provide a reasonably accurate estimate of final fees and costs. However, you understand and agree that all estimates are non-binding and are not intended to be a guarantee of your final costs. Your total charges may be affected by the information you provide to UMovers during the order process (including, but not limited to, any inaccurate information provided by you), the circumstances present on the day you receive the Services, and, with prices charged by the hour, the speed of the independent contractors.

3.3. Canceling an Order

You may cancel an order for Services at any time. We do not charge any cancellation fees.

3.4. Text Messaging, E-Mails, and Phone Calls

You agree that UMovers, its subsidiaries, and affiliates, and their respective employees, contractors, and agents may contact you at any of the phone numbers or e-mail addresses that you provide, including, but not limited to, by e-mail, text messages, and calls. Standard message and data rates may apply.

4. Payment and Promotional Offers

4.1. Payment

After your order for Services is complete and you have received the Services, you will receive an e-mail for the final invoice amount (the "Charges"). Your payment is due within 1 day of the move being completed and you are responsible for payment of all Charges for Services ordered and received through UMovers. Any payment that is not collected within 7 days of the move is subject to late fees up to $50 per week late.

Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by UMovers. If you disagree with any of the Charges, you will have 24 hours to dispute such Charges by contacting contact@umoversllc.com. You may not dispute any Charges more than 24 hours after your receipt of the Services. UMovers will attempt to resolve any dispute as soon as reasonably practical. All disputed Charges will be governed by these Terms.

You understand and agree that UMovers administers payment directly to the movers on your behalf, as the movers' limited payment collection agent, and that payment to UMovers is intended to fully compensate the movers for the Services they provide. Accordingly, your payment to movers shall be considered the same as issuing payment directly to the movers, and you should not issue any payment, other than a tip or gratuity, in your sole discretion, to anyone other than UMovers for Services ordered and received through UMovers. If you issue payment directly to any mover, you will still be responsible for paying the full amount of the Charges billed to you by UMovers.

5. User Representations

By using the UMovers Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that:

You further represent and warrant that you will abide by the Terms hereof; your participation in using the UMovers Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.

6. Compliance with Applicable Laws

By using the UMovers Platforms and/or requesting Services, you agree that:

7. Refusal of Service

You acknowledge and understand that, notwithstanding anything herein to the contrary, UMovers has, and shall at all times retain, the right to refuse or cancel an order for Services at any time for any reason. The circumstances that may warrant a refusal or cancellation of Services include, but are not limited to, the following:

Evictions

UMovers may cancel an order for Services if you, or someone else at the location to be serviced, is being, is in the process of being, or has been evicted.

Prohibited Property

UMovers and/or the Third Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in UMovers and/or the Third Party Providers' sole discretion, that the property you have requested to be moved is prohibited by these Terms, including property explicitly prohibited under Section 8.4 hereof.

Dangerous, Hazardous, or Unsanitary Conditions

If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, in UMovers or the Third Party Providers' sole discretion, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.).

Inclement Weather

In cases of inclement weather, you may be required to reschedule and/or delay your order for Services to another convenient time, or the order may be canceled or refused without a cancellation fee. If Services are nonetheless performed despite inclement weather, you understand and agree to UMovers' Damage Policy Terms as described in Section 8 (and its subparts) below for any damages incurred as a result of the inclement weather. Inclement weather can include, but is not limited to, rain, snow, sleet, hail, lightning, and high winds.

Access to Property

UMovers and/or the Third Party Providers reserve the right to refuse or cancel ordered Services if your property cannot be accessed or is deemed to be, in UMovers or the Third Party Providers' sole discretion, too far away from the location of the Third Party Provider's moving vehicle. For example, Services may be refused or canceled because a driveway is too dangerous to traverse or the Third Party Providers would be required to walk 100 yards or more to move each item of property to a moving vehicle.

Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.

8. Property Damages (Damage Policy Terms)

8.1 Damages to Personal Property

If UMovers damages or loses your personal property while moving your personal property, including while loading or unloading your personal property in a transportation vehicle, UMovers will assume liability for your damaged personal property items up to the required amount of $.60/pound by Virginia state law following a formal claim and investigation into the damage. Additionally, UMovers will not assume any liability for any damages that occur in transit if you have ordered only labor Services and not additional transportation Services.

UMovers strongly advises that you take extra precautions to ensure the safety and security of your items, including, but not limited to, by wrapping and protecting the items with your own materials prior to handling by a Laborer, ordering or providing extra padding and other packing materials for the Laborers to use to secure and protect the item, directing the Laborers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third party insurance for such items.

Personal property that may need increased attention includes, by way of example but not limitation: jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronic devices.

By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high priced items, items of sentimental value, or otherwise, other than as set forth herein.

8.2 Damages to Real Property

If UMovers causes damage to your real property while performing the Services, UMovers will not assume liability for your damaged personal property items, but will communicate with the customer regarding finding an amicable solution when a claim is filed.

Damages to Wood Floors: In the event that wood floors are damaged, UMovers will not repair or replace the local area damaged. UMovers will not pay for any minor nicks or scratches or dents to wood flooring. You should cover your wood flooring with protective materials prior to receiving any Services.

Damages to Handrails, Walls, Doors, and Drywall: UMovers will not be liable for what UMovers, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property. UMovers will not assume liability for significant damage to handrails, walls, doors, and/or drywall.

Damages to Mailboxes: If UMovers damages your mailbox while performing the Services, UMovers may, at its option, offer to (i) repair the damage, (ii) pay you for the cost of such repairs based on a reasonable market rate, (iii) replace the damaged mailbox with one of like kind and quality, or (iv) pay you for the cost of a replacement.

8.3 Specific Damages to Real Property

Notwithstanding anything herein to the contrary, UMovers and its subsidiaries and affiliates shall not be liable for any of the following damages:

8.4 Personal Injuries

For your safety, our movers may prohibit you and your agents from actively participating in the Services, including any loading or unloading of personal property, in accordance with their applicable insurance policies or other contractual arrangements. To the extent you or your agents should disregard their instruction or otherwise participate in any Services, neither UMovers nor any of its subsidiaries or affiliates shall be liable for any injuries or damages that you or your agents may incur.

9. Disclaimers; Limitation of Liability; Indemnity

9.1. Disclaimer

THE UMOVERS PLATFORMS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UMOVERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, UMOVERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES ORDERED THROUGH THE UMOVERS PLATFORMS.
BY ORDERING AND/OR RECEIVING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THIRD PARTY PROVIDERS THROUGH THE UMOVERS PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT.

9.2. Limitation of Liability

UMOVERS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 ABOVE. UMOVERS'S MAXIMUM LIABILITY PER ORDER SHALL NOT EXCEED $1,000 FOR REQUESTS FOR ONLY LABOR SERVICES OR $2,000 FOR REQUESTS FOR LABOR AND TRANSPORTATION SERVICES. UMOVERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

9.3 Indemnity

You agree to indemnify, defend, and hold UMovers, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys' fees) relating to or arising from: (i) your violation of any third-party right; (ii) your wrongful or improper use of the UMovers Platforms or the Services; (iii) any actual or alleged breach of the Terms; (iv) your violation of any rights of another; (v) your violation of any law, rule, or regulation; and (vi) your negligence or willful misconduct.

10. Dispute Resolution

10.1 Informal Dispute Resolution

Prior to pursuing any other available remedy, including arbitration, you agree to attempt in good faith for a period of sixty (60) days to negotiate a resolution of any dispute, claim, or controversy that you may have against UMovers. The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your dispute to UMovers.

10.2 Arbitration

If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute will be settled by final and binding arbitration between you and UMovers. You acknowledge and agree that you and UMovers are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.

10.3 Arbitration Rules and Governing Law

The arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration shall be governed by the Federal Arbitration Act or, if inapplicable, the laws of the State of Virginia.

10.4 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules and served to:

Legal Department, UMovers LLC
120 Minor Road, Charlottesville, VA 22903

10.5 Arbitration Location and Procedure

Unless you and UMovers agree otherwise, the arbitration will be conducted in Charlottesville, Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator unless you request a hearing and the arbitrator determines a hearing is necessary.

10.6 Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award may be entered in any court having jurisdiction thereof.

10.7 Fees

Except where the arbitrator finds that your claim was frivolous or brought for an improper purpose, UMovers will pay for the costs of the arbitration if you are the claimant. In all other respects, the parties shall be responsible for their own respective arbitration expenses.

11. Other Third Party Interactions; Discrimination

11.1 Other Third Parties

While using the UMovers Website, you may enter into correspondence with or purchase goods and/or services from third-party service providers, advertisers, or sponsors. Any such activity and any associated terms, conditions, warranties, or representations are solely between you and the applicable third party. UMovers 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.

11.2 Discrimination

You agree that you will not use the UMovers Platforms to engage in any form of discrimination or harassment. Specifically, you agree that you will not discriminate against or harass any User or Third Party Provider on the basis of race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws.

12. Privacy Policy

For information about how UMovers collects, uses, and shares your information, please see our Privacy Policy.

13. Miscellaneous Provisions

13.1 Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any conflict of law principles.

13.2 Claims of Copyright Infringement

Claims of copyright infringement should be sent to UMovers's designated agent. Please e-mail contact@umoversllc.com for more information.

13.3 Notice

UMovers may give notice to you by means of a general notice on the UMovers Website, by electronic mail, or by written communication sent to the address you have provided to UMovers. You may give notice to UMovers by certified or registered mail to: Legal Department, UMovers LLC, 120 Minor Road, Charlottesville, VA 22903.

13.4 Electronic Communications

You consent to receive communications from UMovers in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that UMovers provides to you electronically satisfy any legal requirement that such communications would satisfy if in a hardcopy writing.

13.5 Assignment

These Terms shall be binding upon and inure to the benefit of the parties to this agreement and their respective successors and permitted assigns. You may not assign these Terms without UMovers' prior written approval. UMovers may assign these Terms without your consent.

13.6 Independent Contractor

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, UMovers, or any Third Party Provider as a result of these Terms, your use of the UMovers Platforms, or your receipt of any Services.

13.7 Severability

If any provision of these Terms is determined to be invalid, illegal, or otherwise unenforceable, such invalidity shall not affect the validity or operation of any other provision of these Terms, and such invalid provision shall be reformed to the maximum extent permitted by law.

13.8 No Waiver

No waiver of any of the provisions of these Terms shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver.

13.9 Complete Agreement

These Terms (and any other policies and terms referred to herein) constitute the entire agreement between you and UMovers with respect to the subject matter hereof and supersede any and all prior agreements, negotiations, representations, and promises, whether written or oral.

13.10 Contact Information

If you have any questions, complaints, comments, or concerns, please contact UMovers at:

UMovers LLC
Charlottesville, VA 22903
contact@umoversllc.com
(540) 418-6533