Terms of Service

Last Modified: 4/2/2022

1. CONTRACTUAL RELATIONSHIP

The following terms of service (the “Terms”) constitute a legally binding agreement between you (also referred to below as “User”) and PacWest Moving & Delivery, Inc. (“PacWest Moving & Delivery”). These Terms govern your access to and/or use of (i) PacWest Moving & Delivery’s websites, including without limitation its websites at https://www.pacwestmoving.com https://www.pacwestjobs.com/, (collectively, the “Websites”), (ii) PacWest Moving & Delivery’s mobile applications (each, a “PacWest Moving & Delivery App” and collectively, the “PacWest Moving & Delivery Apps”), and (iii) PacWest Moving & Delivery’s telephone ordering platform (the “Telephone Platform”) (collectively, the Websites, PacWest Moving & Delivery Apps, and the Telephone Platform are referred to herein as the “PacWest Moving & Delivery Platforms”). These Terms also govern any services that you may receive through the PacWest Moving & Delivery Platforms, including, but not limited to, any services that you may receive from PacWest Moving & Delivery, its subsidiaries, or affiliates, or the Third Party Providers (defined below).

1.1 Accepting these Terms

**Please read these Terms carefully before accessing or using any of the PacWest Moving & Delivery Platforms, including, but not limited to, before placing any order with PacWest Moving & Delivery for loading, unloading, or other help services, transportation services, moving services, and/or any other services that may be offered through the PacWest Moving & Delivery Platforms (collectively, the “Services”). ** By accessing or using the PacWest Moving & Delivery Platforms, including, without limitation, by using the PacWest Moving & Delivery App or placing an order for Services online or via telephone, 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 PacWest Moving & Delivery’s liability, and provisions that require individual arbitration of any potential legal dispute between you and PacWest Moving & Delivery. If you do not agree to these Terms, you may not use the PacWest Moving & Delivery Platforms or receive any Services.

1.2 Modifications to Terms

PacWest Moving & Delivery reserves the right to change these Terms at any time. However, if PacWest Moving & Delivery makes changes to the Terms, PacWest Moving & Delivery will notify you by revising the “Last Modified” date at the top of this document. In some cases, PacWest Moving & Delivery may also provide you with additional notice (such as adding a statement to PacWest Moving & Delivery’s homepage or sending you an email notification). PacWest Moving & Delivery encourages you to review these Terms periodically to stay informed about PacWest Moving & Delivery’s practices, and you should always review these Terms before placing any order for Services.

Unless PacWest Moving & Delivery notifies you otherwise, whenever PacWest Moving & Delivery makes changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any PacWest Moving & Delivery Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with PacWest Moving & Delivery, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.

In the event that you have placed an order for Services prior to the effective date of a change to these Terms, your order will be bound by the Terms in effect on the date that you placed an order for Services.

1.3 Supplemental Terms

You may be required to agree to additional, supplemental terms in certain markets or for certain Services requested by you. If supplemental terms apply in your market or are required by your request for Services, such supplemental terms will be disclosed to you in a separate disclosure or in connection with, but prior to, the performance of the applicable Services by Third Party Providers (as defined below). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail but only with respect to the Services to which the supplemental terms apply.

2. THE PacWest Moving & Delivery PLATFORMS

2.1. About PacWest Moving & Delivery and the Company’s Services

PacWest Moving & Delivery is a household goods mover. By using the PacWest Moving & Delivery Platforms to order Services, you acknowledge and agree that you are requesting that PacWest Moving & Delivery provide you with household goods moving services only.

2.2. License

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

2.3 Restrictions

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the PacWest Moving & Delivery Platforms; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any PacWest Moving & Delivery Platform or part thereof except as expressly permitted by PacWest Moving & Delivery; (iii) decompile, reverse engineer, or disassemble any of the Websites, any PacWest Moving & Delivery App, or any other PacWest Moving & Delivery Platform unless otherwise permitted by applicable law; (iv) link to, mirror, or frame any portion of any of the Websites, the PacWest Moving & Delivery Apps, or any other PacWest Moving & Delivery Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PacWest Moving & Delivery Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the PacWest Moving & Delivery Platforms; or (vi) attempt to gain unauthorized access to or impair any aspect of the PacWest Moving & Delivery Platforms or its related systems or networks. You may only access the PacWest Moving & Delivery Platforms through the interfaces that PacWest Moving & Delivery provides for that purpose.

2.4 Proprietary Material

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, and other content (collectively, “Proprietary Material”) that you see or read through the PacWest Moving & Delivery Platforms is owned by PacWest Moving & Delivery, excluding User Content (defined below) which PacWest Moving & Delivery has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. PacWest Moving & Delivery 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 PacWest Moving & Delivery Platforms, and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain PacWest Moving & Delivery's property. Neither these Terms nor your use of the PacWest Moving & Delivery Platforms convey or grant to you any rights in or related to the Proprietary Material or the PacWest Moving & Delivery Platforms except for the limited license granted above. In addition, neither these Terms nor your use of the PacWest Moving & Delivery Platforms grant you use or reference in any manner to PacWest Moving & Delivery's company name, logos, product and service names, trademarks, or service marks.

3. YOUR USE OF THE PacWest Moving & Delivery 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 PacWest Moving & Delivery with a valid e-mail address and phone number and a valid credit or debit card. You authorize PacWest Moving & Delivery to charge or place a hold on your credit up to the full estimated amount immediately after you place your order for Services to charge and the remaining balance, if any, immediately after you receive Services. Please consult the PacWest Moving & Delivery frequently asked questions page for more information about company policies regarding deposits, charges, and holds.

3.2. Pricing

When placing an order for Services, you may receive an estimate of fees and costs. PacWest Moving & Delivery attempts to provide a reasonably accurate estimate of final fees and costs. However, you understand and agree that, unless otherwise expressly stated during booking that the estimated price is “fixed” or “binding,” 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 PacWest Moving & Delivery during the order process (including, but not limited to, any inaccurate information provided by you), the circumstances present on the day you receive the Services, and, with pay-as-you-go pricing, the speed of the movers. You acknowledge and understand that your total charges may exceed the amount of any estimate given.

All prices are subject to change based on availability and other factors, such as demand and location. Any quoted rate may change until you place an order for Services. In addition, in the event that the circumstances of an order request are significantly different than as described during booking, your order may be cancelled, or you may be required to agree to a revised and/or amended estimate.

3.3. Canceling an Order or Discontinuing Services

You may change or cancel an order for Services at any time, including changing the reservation date and/or shipping or destination locations. However, modifications to an order may be subject to an increase or change in pricing, depending on availability and other factors submitted by you. Such changes may also be subject to an additional modification or cancellation fee. Order modifications and cancellations are subject to PacWest Moving & Delivery’s cancellation and reservation modification policies, which are currently posted at https://www.pacwestmoving.com/help/faq/. Any and all changes to an order will continue to be governed by these Terms, and you acknowledge and agree to such Terms by placing a change or cancellation request.

You may also discontinue Services at any time while Services are being performed, but you will be responsible for paying for the greater of one hour of pay for each Third Party Provider or the amount of all Services performed through the time the order is discontinued. If you discontinue Services at any time, all Third Party Providers will be required to immediately cease providing all Services and to leave your premises. In addition, you agree that you will not directly or indirectly solicit any Third Party Provider who has been matched by PacWest Moving & Delivery to perform, or who has already performed or begun performing, any portion of the Services on your behalf within a sixty (60) day period following a cancellation or cessation of Services unless PacWest Moving & Delivery has specifically arranged for such Third Party Providers to provide the Services on your behalf. For an avoidance of doubt, this means that you may not cancel an order (or stop an order, e.g., by asking Third Party Providers not to bill time through PacWest Moving & Delivery) for Services after Third Party Providers have arrived to complete the requested Services in order to pay Third Party Providers directly and avoid incurring charges through PacWest Moving & Delivery. In the event that you engage in such improper solicitation and contract interference, you will be ineligible for the PacWest Moving & Delivery Damage Protection Policy and will be liable to PacWest Moving & Delivery for the Charges for which you would have been billed had you not canceled your order for Services. You will also be liable for all reasonable attorneys’ fees incurred by PacWest Moving & Delivery in pursuing and collecting such Charges.

3.4 User Accounts

You may be required to register and maintain an active personal account to use certain PacWest Moving & Delivery Platforms, such as the PacWest Moving & Delivery Apps. You must be at least 18 years of age to obtain an account. Account registration may require you to submit certain personal information, such as your name, address, mobile phone number, and age, as well as certain payment information (e.g., bank or credit card information). You agree to maintain accurate, complete, and up-to-date information in your account. Failure to maintain accurate, complete, and up-to-date account information, including invalid or expired payment information, may result in your inability to access and/or use the PacWest Moving & Delivery Platforms. You are responsible for all activity that occurs under or through your account and agree to maintain the security and secrecy of your account username and password at all times.

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

You agree that PacWest Moving & Delivery and its subsidiaries and affiliates, and their respective employees, contractors, and agents may contact you at any of the phone numbers or e-mail addresses that you provide, including, but not limited to, by e-mail, text messages, calls, and push notifications. Such communications may also include messages generated by an automatic telephone dialing system. Standard message and data rates may apply. You may opt-out of receiving communications by emailing a request to opt-out to support@getPacWest Moving & Deliverys.com. However, opting out of all communications may impact your receipt of the Services.

3.6. User Provided Content

PacWest Moving & Delivery may, in PacWest Moving & Delivery's sole discretion, permit you or other Users from time to time to submit, upload, publish, or otherwise make available to PacWest Moving & Delivery through the PacWest Moving & Delivery Platforms, textual, audio and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submissions of entries for competitions and promotions (collectively referred to as “User Content”). Any User Content provided by you remains your property. However, by providing User Content to PacWest Moving & Delivery, you grant PacWest Moving & Delivery 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 PacWest Moving & Delivery's business and on third-party websites and services), without further notice to or consent from you, and without the requirement of payment to you or any other third party.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the PacWest Moving & Delivery Platforms. Accordingly, you represent and warrant that (i) you either (A) are the sole and exclusive owner of all User Content that you make available through the PacWest Moving & Delivery Platforms or (B) you have all rights, licenses, consents, and releases necessary to grant PacWest Moving & Delivery 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 PacWest Moving & Delivery's use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide on the PacWest Moving & Delivery Platforms User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PacWest Moving & Delivery, in its sole discretion, whether or not such material may be protected by the law. PacWest Moving & Delivery may, but shall not be obligated to, review, monitor, or remove User Content, at PacWest Moving & Delivery's sole discretion and at any time, without notice to you.

User Content may contain information relating to reviews of specific Third Party Providers. Such reviews are opinions of the specific User and not the opinion of PacWest Moving & Delivery and have not been verified or approved by PacWest Moving & Delivery. YOU AGREE THAT PacWest Moving & Delivery IS NOT LIABLE FOR ANY USER CONTENT.

3.7. Network Access and Devices

Use of the PacWest Moving & Delivery Platforms may require access to a data network. You are responsible for obtaining the data network access necessary to use such PacWest Moving & Delivery Platforms, if any. Your mobile network's data and messaging rates and fees may apply if you access or use the PacWest Moving & Deliverys Platforms from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the PacWest Moving & Delivery Platforms and any updates thereto. PacWest Moving & Delivery does not guarantee that the PacWest Moving & Delivery Platforms, or any portion thereof, will function on any particular hardware or devices. In addition, the PacWest Moving & Delivery Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You further acknowledge and agree that the PacWest Moving & Delivery Platforms may, from time to time, be unavailable (e.g. due to scheduled maintenance or system upgrades) and that PacWest Moving & Delivery cannot, and does not, guarantee a specific or minimum availability of the PacWest Moving & Delivery Platforms.

3.8 Reservation Changes

Subject to availability and any reservation change fees, you may choose to change your service date to another future date.

4. PAYMENT AND PROMOTIONAL OFFERS

4.1 Payment

After your order for Services is complete and you have received the Services, PacWest Moving & Delivery will send you an e-mail for the final invoice amount (the “Charges”). If you have paid a deposit, such deposit will be applied to your balance, and all remaining Charges are immediately due and payable, and you are responsible for payment of all Charges for Services ordered and received through the PacWest Moving & Delivery Platforms. You authorize PacWest Moving & Delivery to charge the credit or debit card that you provide when placing your order for Services for all Charges. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by PacWest Moving & Delivery. If the charge to your credit or debit card is declined, you authorize PacWest Moving & Delivery to use a secondary payment method provided by you, if applicable. In the event that PacWest Moving & Delivery brings an action to enforce its right to payment of the Charges hereunder, PacWest Moving & Delivery will be entitled to recover, in addition to all other amounts and relief, its reasonable costs and attorneys’ fees.

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

If for any reason other than the fault of PacWest Moving & Delivery or a Third Party Provider delivery cannot be made at the address requested for delivery during booking, PacWest Moving & Delivery or the Third Party Provider may, at their option, cause the articles contained in your shipment to be stored in a warehouse or other storage facility selected by PacWest Moving & Delivery or the Third Party Provider at or near the point of delivery or at other available points, at your cost. You also agree to pay for the full cost of any additional shipping, delivery, or other moving charges associated therewith. PacWest Moving & Delivery will not be responsible for any damages that may occur to your items while in such storage facility, and you agree to indemnify and hold PacWest Moving & Delivery and the Third Party Providers harmless from any and all such damages or claims.

In addition, as an alternative, if delivery of a shipment is refused by you at the shipping destination, or if you or your authorized representative fails to receive or claim the property shipped within fifteen (15) days after written notice by United States mail addressed to you at your shipping or destination address, or if you fail or refuse to pay applicable charges in accordance with these Terms or any applicable tariff, PacWest Moving & Delivery may sell the shipped property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by PacWest Moving & Delivery, thirty (30) days notice of which sale shall have been given in writing to you, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property, and the names of the shipper and recipient (if different). The proceeds of any sale shall be applied toward payment of charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for, and maintaining property prior to sale, and the balance, if any, shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of PacWest Moving & Delivery, such action is necessary to prevent deterioration or further deterioration.

4.2 Promotional Offers

PacWest Moving & Delivery may, in PacWest Moving & Delivery’s sole discretion, issue you promotional offers and discounts that may be redeemed for credit when placing an order for Services. You agree that such promotional offers and discounts: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public unless expressly permitted by PacWest Moving & Delivery; (iii) may be disabled, canceled, or otherwise terminated by PacWest Moving & Delivery at any time for any reason without liability to PacWest Moving & Delivery; (iv) may only be used pursuant to the specific terms that PacWest Moving & Delivery has established for such promotional offer or discount; (v) are not valid for cash; and (vi) may expire prior to your use. Further, PacWest Moving & Delivery reserves the right to withhold or deduct any credits or other features or benefits obtained through the use of any promotional offers and discounts by you or any other User in the event that PacWest Moving & Delivery determines or believes, in its sole discretion, that the use or redemption of the promotional offer or discount was in error, fraudulent, illegal, or in violation of the terms applicable to the promotional offer or discount or in violation of these Terms.

5. USER REPRESENTATIONS

By using the PacWest Moving & Delivery Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in the United States or any of its territories; (3) you own or have legal possession to any and all property to be moved or shipped under this agreement, if applicable; (4) **you have carefully read and understand these Terms; (5) to the extent you are requesting moving related services, you have been advised that you should consider obtaining insurance to protect you from loss or damage to your personal property items;** and (6) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the PacWest Moving & Delivery 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 PacWest Moving & Delivery Platforms and/or requesting Services, you agree that (1) you will only use the PacWest Moving & Delivery Platforms and/or request Services for lawful purposes; (2) you will not use the PacWest Moving & Delivery Platforms and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the PacWest Moving & Delivery Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm PacWest Moving & Delivery or the PacWest Moving & Delivery Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute the PacWest Moving & Delivery Platforms or other content without written permission from PacWest Moving & Delivery; (7) you will only use the PacWest Moving & Delivery Platforms and/or request Services for your own use and, if applicable, will not resell your order for Services to a third party; and (8) you will provide PacWest Moving & Delivery and/or the Third Party Providers with whatever proof of identity they may reasonably request.

7. REFUSAL OF SERVICE

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

*Evictions*

PacWest Moving & Delivery 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*

PacWest Moving & Delivery 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 PacWest Moving & Delivery 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 PacWest Moving & Delivery 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 time, or the order may be canceled or refused without a cancellation fee. If Services are nonetheless performed despite inclement weather, you will not be eligible for protection under the Damage Protection Policy described in Section 8 (and its subparts) below for any damages incurred as a result of the inclement weather. Inclement weather can include, but is not limited to, heavy rain, snow, sleet, hail, lightning, and high winds.

*Access to property*

PacWest Moving & Delivery 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 PacWest Moving & Delivery or the Third Party Providers’ sole discretion, too far away from the location of the Third Party Provider’s moving vehicle. For example, Services may be refused or canceled because a driveway is too dangerous to traverse or the Third Party Providers would be required to walk 100 yards or more to move each item of property to a moving vehicle. If Services are nonetheless performed and the Third Party Providers are required to walk a significant distance (in PacWest Moving & Delivery’s sole discretion) from the moving vehicle to your personal property, you are advised that you or someone else subject to your direction and control should remain with your personal property at each location to ensure that your personal property is not subject to theft. Personal property lost or stolen because Third Party Providers must travel a significant distance (in PacWest Moving & Delivery’s sole discretion) between a moving vehicle and your personal property shall not be covered by the Damage Protection Policy described in Section 8 (and its subparts) below.

*Narrow Doorways, Hallways, or Stairs*

PacWest Moving & Delivery and/or the Third Party Providers may refuse to provide or limit the Services if it is determined, in PacWest Moving & Delivery and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved cannot be safely moved through a narrow doorway, hallway, or other passageway or cannot be safely moved up or down stairs. In the event that you require such Third Party Providers to continue providing Services after being advised of the danger, you waive any right to receive any reimbursement for damages that may result.

*Insufficient Moving Space*

In the event that your property will not fit into a moving truck, pod, or other service vehicle, the Third Party Providers may refuse to continue loading any additional property until such truck, pod, or other vehicle has been unloaded.

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; PacWest Moving & Delivery’S DAMAGE PROTECTION POLICY

PacWest Moving & Delivery is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While PacWest Moving & Delivery attempts to connect you with only high quality Third Party Providers, PacWest Moving & Delivery does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. As an independent property broker and referral service, PacWest Moving & Delivery is not liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. Notwithstanding the foregoing, but subject to certain limitations and exclusions stated herein, PacWest Moving & Delivery will agree to provide you with the voluntary damage protection set forth below if you timely file a claim with PacWest Moving & Delivery (the “Damage Protection Policy”). PacWest Moving & Delivery will not provide you with any other property damage protection other than as set forth below, and by placing an order with PacWest Moving & Delivery, you understand and agree that you will not be entitled to recover from PacWest Moving & Delivery for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to PacWest Moving & Delivery’s Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with PacWest Moving & Delivery or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.

Note that you may not obtain coverage under the Damage Protection Policy and obtain damages from a Third Party Provider or any insurance policy insuring such Third Party Providers). By choosing to pursue a claim under the Damage Protection Policy, you hereby waive and release the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services and agree that the maximum liability for any damages to your personal or real property shall be as set forth herein.

In addition, in order to access and use the Third Party Providers on the PacWest Moving & Delivery Platforms, you agree that no Third Party Provider shall be liable to you for any damages in excess of the damages to which you would be entitled under the Damage Protection Policy below, unless otherwise provided herein or set forth in a separate written agreement between you and the Third Party Provider. For the avoidance of doubt, this means that, in the absence of a separate written agreement, if you choose to pursue a claim against any Third Party Provider instead of filing a claim with PacWest Moving & Delivery, your claim with such Third Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below. It is expressly acknowledged and agreed that the Third Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.6) of these Terms. Notwithstanding the foregoing, the Recovery Rate (defined below) and the $2,000 limitation on liability (described below) shall not apply to a claim by you against a Driver (defined below) for damages caused to your personal property as a result of a motor vehicle accident, provided that such damages shall not exceed the limits of any applicable cargo or contingent cargo insurance policy. Such limitations shall, however, apply to any such claim by you against PacWest Moving & Delivery or its subsidiaries and affiliates.

8.1 Damages To Personal Property Caused By Third Party Providers

If a Third Party Provider arranged by PacWest Moving & Delivery to provide you with loading, unloading, or other non-transportation help Services (a “Lumper” and the “Lumper Services”) damages or loses your personal property while moving your personal property, including, while loading or unloading your personal property in a transportation vehicle provided by you, another company, or a Third Party Provider arranged by PacWest Moving & Delivery to provide you with transportation Services (a “Driver”), or if (and only if) your order includes both lumper and transportation Services (also referred to as “Truck and Movers” on the Websites and in the PacWest Moving & Delivery Apps) and your personal property is damaged in transit (i.e., during shipment) as a result of the negligent packing of your personal property in a transportation vehicle by a Lumper or by the negligent driving of the Driver, PacWest Moving & Delivery will assume liability for your damaged personal property items at a rate of sixty cents per pound ($.60/lb.) per item damaged (the “Recovery Rate”); provided, however, that **PacWest Moving & Delivery’s maximum liability per shipment or order shall not exceed $2,000**. For the avoidance of doubt, PacWest Moving & Delivery will not assume any liability for any damages that occur in transit if you have ordered only Lumper Services (also referred to as “Movers Only” on the Websites and PacWest Moving & Delivery Apps) and not additional transportation Services, or if you have ordered only transportation services. (In other words, PacWest Moving & Delivery will not assume any liability for any damages that occur in transit if you have not ordered Truck and Movers but only Movers help or only a Driver.) In addition, if you have ordered only Lumper Services (i.e., Hourly Labor), **PacWest Moving & Delivery’s maximum liability for such order shall be reduced and shall not exceed $1,000 per order.**

By way of example, but not limitation, to illustrate how the Damage Protection Policy applies, if you have ordered both transportation and Lumper Services (i.e., Truck and Movers) and a Lumper fails to adequately secure and wrap a 75-pound headboard with sufficient protective padding and the headboard is significantly scratched during shipment, PacWest Moving & Delivery will assume liability for a total of $45.00 (75 pounds multiplied by 60 cents) if you timely file a claim for damages with PacWest Moving & Delivery. Similarly, if you have ordered both transportation and Lumper Services (i.e., Truck and Movers) and a 100-pound mirror is completely shattered during shipment due to a Lumper’s negligent packing of the mirror or the negligent driving of a Driver, PacWest Moving & Delivery will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you timely file a claim for damages with PacWest Moving & Delivery. However, in no event will PacWest Moving & Delivery be liable for in excess of $2,000 for the total shipment or order. On the other hand, if you order only Lumper Services (i.e., Movers Only) to assist you in packing a container for shipment by a third party transportation company and the same mirror is shattered during shipment, PacWest Moving & Delivery will not assume any liability for the broken mirror. However, if a Lumper drops the same mirror while moving it into the container for shipment and such mirror is damaged, PacWest Moving & Delivery will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you provide evidence, in PacWest Moving & Delivery’s sole discretion, that the damages occurred prior to any shipment and timely file a claim for damages with PacWest Moving & Delivery pursuant to the provisions below. In no event, however, will PacWest Moving & Delivery’s total liability exceed $1,000 for the Lumper Services (i.e., the Movers Only order). In addition, if you order only transportation services and you pack and load such 100-pound mirror into the transportation vehicle provided by a Third Party Provider, and your mirror is broken during shipment, PacWest Moving & Delivery will not assume any liability for such damages. You acknowledge and understand that, if you order only transportation services, you are responsible for ensuring that your property is properly loaded and unloaded and secured and protected for shipment. In the event that any property is damaged due to a motor vehicle accident or other negligence of any motor carrier or driver, your sole remedy shall be to pursue a claim with such motor carrier or driver.

For purposes of determining the weight of a particular item that qualifies for protection under the Damage Protection Policy, each shipping piece or package and the contents thereof shall constitute one item. In addition, the component parts of any single item disassembled for the purposes of handling, loading, and/or transporting such item shall constitute one item.

**If you have personal property that significantly exceeds the Recovery Rate** (e.g., an item valued at $5,000 that weighs only 50 pounds would be worth $100 per pound in contrast to the maximum Recovery Rate of $.60 per pound) or if you have ordered only Lumper Services that will not qualify for the Damage Protection Policy for damages that occur during transit, PacWest Moving & Delivery 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 Lumper, ordering or providing extra padding and other packing materials for the Lumpers to use to secure and protect the item, directing the Lumpers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third party insurance for such items. Personal property that may significantly exceed the Recovery Rate includes, by way of example, but not limitation, jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronics devices.

By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high priced items, items of sentimental value, or otherwise, other than as set forth herein or in a separate signed writing between you and a Third Party Provider, regardless of whether such damages are negligently or intentionally caused by any Lumper or Driver (if applicable).

8.2 Damages To Real and Certain Other Related Property Caused By Third Party Providers

If a Third Party Provider (whether a Lumper or Driver) causes damage to your real property while performing the Services and you timely file a claim for damages, PacWest Moving & Delivery will only assume the following liability for damages, provided that all your damages, whether to real or personal property shall be subject to the maximum total per order limitations described above ($1,000 for Movers Only Help / Lumper Services and $2,000 for Truck and Movers / Transportation and Lumper Services):

*Damages to Wood Floors*

In the event that wood floors are damaged, PacWest Moving & Delivery will only repair or replace the local area damaged. PacWest Moving & Delivery will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-Services finish. In addition, PacWest Moving & Delivery will only offer the reasonable market rate, in its sole discretion, for repair of the local area damaged.

Notwithstanding the foregoing, PacWest Moving & Delivery will not pay for any minor nicks or scratches or dents to wood flooring that, in PacWest Moving & Delivery’s sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, prior to receiving any Services. You should also ensure that any furniture that you need moved is placed on sliders or that sliders are made available to the Lumpers. In addition, if you do not have any covering for your wood flooring, you should not permit the Lumpers to use any dollies or other hand trucks, which may be more likely to cause damage to your wood floors.

*Damages to Handrails, Walls, Doors, and Drywall*

PacWest Moving & Delivery will not be liable for what PacWest Moving & Delivery, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property, including, but not limited to, any paint damage, that you may incur as a result of the Lumpers’ performance of the Services. PacWest Moving & Delivery may, but shall not be required to, assume liability for what PacWest Moving & Delivery determines, in its sole discretion, constitutes significant damage to handrails, walls, doors, and/or drywall. In such case, PacWest Moving & Delivery will, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services or (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by PacWest Moving & Delivery in its sole discretion.

*Damages to Mailboxes*

If a PacWest Moving & Delivery Third Party Provider damages your mailbox while performing the Services, PacWest Moving & Delivery will offer to, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed prior to your receipt of the Services, (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by PacWest Moving & Delivery in its sole discretion, (iii) replace the damaged mailbox with one of like kind and quality, or (iv) pay you for the cost of a replacement.

**PacWest Moving & Delivery will not be liable for any other damages to your real property, including, but not limited to, for any damages to lawns, landscaping, sprinklers, sidewalks, or driveways (including, without limitation, any cosmetic damage to driveways or other concrete or paved areas).** You should not allow any transportation or other vehicles to park on your driveway or sidewalks if they are not capable of supporting such vehicles or if you are concerned that they may damage your driveway, sidewalks, or lawn. You should notify PacWest Moving & Delivery prior to any Third Party Provider arriving to perform the Services so that they may make arrangements to park on a street or other designated area.

8.3 Filing Claims For Damages

If you have sustained damages to your personal or real property as a result of your receipt of the Services from a Third Party Provider, you must file a claim for damages within five (5) business days after you receive the Services at issue, unless a longer period (“**Extended Claim Period**”) is provided in a separate, written agreement between you and a Third Party Service Provider or as set forth in Appendix A below (if applicable). Your claim for damages must be filed within the five (5) day claim period or the Extended Claim Period, if applicable, (the “**Claim Limitations Period**”) regardless of any other dispute that you may have. Claims may only be filed by the individual that booked the order for Services or the owner of the personal or real property damaged by the Third Party Providers. Failure to timely file a claim within the Claim Limitations Period may result in an absolute bar to any claim that you have against PacWest Moving & Delivery or its subsidiaries or affiliates for damages to your personal or real property, regardless of whether such damages arise in contract, tort, or under any other legal theory.

To file a claim for damages under PacWest Moving & Delivery’s Damage Protection Policy, you must contact the PacWest Moving & Delivery Quality Team at the Claim Center. You may contact the PacWest Moving & Delivery Quality Team by submitting a request to support@getPacWest Moving & Deliverys.com or support@PacWest Moving & Delivery.com, or by requesting to speak with the PacWest Moving & Delivery Quality Team at 1-888-836-3939. The PacWest Moving & Delivery Quality Team will provide you with a damage claim form that you must complete and submit with all relevant documentation within the Claim Limitations Period.

When filing a claim, you will be required to submit all relevant documentation. Relevant documentation includes, but is not limited to, a description of the damaged property, the nature of the damages, the weight of the item(s), and any pictures evidencing your damages. To ensure quick handling of claims, you should provide: (1) the confirmation number for your move; (2) the date of your move; (3) delivery receipts, noting damage or exceptions to the move or confirmation of non-delivery; (4) documentation of the amount of damage being claimed; and (5) photos of the damage. Your damage claim is not considered filed until you have submitted a completed damage claim form with PacWest Moving & Delivery. When submitting a claim to PacWest Moving & Delivery's Quality Team, all claims for damages must be included in the original claim. Additional claims for damages based on the same order for Services that are submitted after the original claim has been filed will not be accepted and shall be deemed waived.

Once your claim has been filed, you agree to cooperate with PacWest Moving & Delivery in the investigation of your claim (e.g., by submitting documentary and other evidence requested by PacWest Moving & Delivery, including, without limitation, additional pictures). If you fail to cooperate with PacWest Moving & Delivery while it is assessing the claim or if your claim is not resolved within thirty (30) days due to some action or inaction on your part, PacWest Moving & Delivery may, in its sole discretion, deny your claim in its entirety, and you agree that neither PacWest Moving & Delivery nor any of its subsidiaries or affiliates will be liable for any damages to your property.

After your claim and any evidence submitted by you in support of your claim has been reviewed, you may receive a claim settlement offer. You must accept or reject the settlement offer within thirty (30) days of the date that you receive the offer (unless a shorter period is stated in the offer). Your claim should be resolved within thirty (30) days of your receipt of the Services at issue. If you do not respond to a settlement offer after receipt and within such thirty (30) day window, your claim will be denied in its entirety, and you will not be entitled to any damages under the Damage Protection Policy.

8.4 Specific Exclusions From The Damage Protection Policy; Additional Limitations of Liability

Notwithstanding anything herein to the contrary, including the foregoing discussion of the Damage Protection Policy, PacWest Moving & Delivery and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, shall not be liable for any of the following damages or claims:

*Pre-Existing Damages*

You are required to disclose any pre-existing damages to PacWest Moving & Delivery prior to your move. In addition, PacWest Moving & Delivery reserves the right, in its sole discretion, to declare a damage as pre-existing based on its investigation of your claim if, after a good-faith review, facts and circumstances warrant such a determination.

*Minor Damages*

PacWest Moving & Delivery will not pay any damages for minor dents or small nicks or scratches caused by any Third Party Provider (or any agent thereof) to your property as a result of your receipt of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.

*Particleboard Furniture*

PacWest Moving & Delivery will not be liable for damage to any particleboard, chip-core, or pressboard furniture.

*Natural Materials*

Marble, slate, and stone material items are prone to weakness and cracking overtime. PacWest Moving & Delivery will not be liable for damaged items made exclusively of (or a composite of) natural materials.

*Completed Repairs*

PacWest Moving & Delivery will not pay any damages that have been repaired or replaced by you or someone else at your request prior to you filing a claim with PacWest Moving & Delivery or, if completed after a claim has been filed, if completed without the written consent of PacWest Moving & Delivery. You should not repair or replace property before resolving your claim with PacWest Moving & Delivery unless you have obtained prior written consent from PacWest Moving & Delivery.

*Certain Electronics and Appliances*

PacWest Moving & Delivery will not be liable for electronics or appliances that fail to operate after being shipped and/or reconnected. You acknowledge and understand that electronics and appliances are not tested prior to shipment, and as such, it will not be possible to determine whether a damage has occurred due to handling or shipment. In addition, PacWest Moving & Delivery will not be liable for any structural plumbing, electrical systems, or water damage associated with electronics or appliances that are handled by a Lumper. Third Party Providers should require all appliances to be disconnected, uninstalled, and drained (if necessary) by you prior to moving such items. In addition, PacWest Moving & Delivery will not be liable for any damages caused to an electronics device (including, without limitation, any television or other display monitor) that is not properly boxed and protected before handling by a Lumper. You should never allow a television or other display monitor to be shipped or otherwise transported without proper protective packaging and securement.

*Oversized and Extremely Heavy Items*

PacWest Moving & Delivery will not be liable for any damages to items that weigh in excess of 300 pounds or for any items that exceed the clearance of hallways, stairways, or doorways where such items are not disassembled prior to being moved by a Third Party Provider. Common oversized or extremely heavy items include, but are not limited to, certain musical equipment (such as grand pianos), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc.

*Non-Inventoried Items*

Prior to your service date, you may submit an inventory of your personal property. PacWest Moving & Delivery will not be liable for any damages for items lost or stolen that are not inventoried prior to your receipt of the Services or that are not documented by a Third Party as being loaded on the day of your move. You acknowledge and agree that, without submission of a documented inventory prior to the service date, and without documentation of items being moved on move day, there is no way to verify whether any item has been lost or stolen.

*Disassembled and Reassembled Items*

If you request disassembly or reassembly of any of your personal property, PacWest Moving & Delivery will not be liable for any damages that may arise as a result of the disassembly or assembly, attempted disassembly or assembly, or failed disassembly or assembly of such items, including, but not limited to, items containing particleboard, chip-core, or pressboard, antique items, aged or worn items.

*Installations*

PacWest Moving & Delivery does not arrange for Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If a Third Party Provider provides any such services, PacWest Moving & Delivery will not be liable in any manner for any damages that may arise as a result of the actions or inactions of such Third Party Provider who performed such services. You should not ask any Third Party Provider to provide such services, and you agree to indemnify, defend, and hold PacWest Moving & Delivery and its subsidiaries and affiliates harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind, including as imposed by a court of law or by any governmental body or agency, that PacWest Moving & Delivery and/or its subsidiaries and affiliates may incur as a result of, arising out of, or in relation to your decision to do so.

*Prohibited Items*

PacWest Moving & Delivery will not be liable for any damages to personal property that Lumpers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include, but are not limited to: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), perishables (frozen food, plants, produce, refrigerated food, etc.), contraband or other items prohibited by federal or state law (illegal drugs, etc.), stolen property, and other property which you do not have a lawful right to possess.

*Evictions*

Although PacWest Moving & Delivery retains the right to cancel, and the Third Party Providers may refuse to complete, an order for Services in the event that you or someone else at the location to be serviced is being evicted, in the event that an order for Services is nonetheless completed, you will not be eligible for any protection under the Damage Protection Policy and agree to indemnify, defend, and hold PacWest Moving & Delivery and its subsidiaries and affiliates harmless from and against any and all expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that PacWest Moving & Delivery and/or its subsidiaries or affiliates may incur as a result of, arising out of, or in relation to your or someone else’s eviction.

*Fraudulent Misrepresentations of Weight*

PacWest Moving & Delivery will not pay any damages for any items based on weights that appear, in PacWest Moving & Delivery’s reasonable discretion, to be inaccurate or a misrepresentation of the items’ true weight.

*Packing by You or Your Agents*

PacWest Moving & Delivery will not be liable for damages to items packed by you or your agents (e.g., damages to items in boxes packed by you).

*Exclusions for Packing Services*

In the event that you only order packing services, neither PacWest Moving & Delivery, nor its subsidiaries or affiliates, or their respective employees, agents, or contractors, will be liable for: (i) any damages reported after Third Party Providers leave your property, (ii) any damages that occur in transit, (iii) any damages that occur during unpacking, or (iv) any damages due to the handling of your property by your or your agents or any other third party that is not authorized by PacWest Moving & Delivery. In addition, neither PacWest Moving & Delivery, nor its subsidiaries or affiliates, or their respective employees, agents, or contractors, will be liable for any property that is lost or misplaced for any reason. You acknowledge and understand that there is no way for PacWest Moving & Delivery or any Third Party Provider to verify lost or misplaced property because neither PacWest Moving & Delivery nor any Third Party Provider is handling the shipment or otherwise unpacking the items after shipment.

*Items of Extraordinary Value and Certain Other Valuable Items*

All items of extraordinary value are excluded from the Damage Protection Policy unless such items are identified by you or your authorized agent on an inventory list and submitted to PacWest Moving & Delivery prior to your service date. In addition, the following valuable items are excluded from the Damage Protection Policy: (i) cash, checks, deeds, bills, negotiable instruments, or other valuable documents; (ii) coins, credit cards, postage stamps, and trading stamps; (iii) jewelry, precious stones, or articles manufactured therefrom; (iv) fire arms; (v) perishable goods; (vi) prescriptions; and (vii) medical devices.

An “item of extraordinary value” is defined as an item that is valued at more than $100 per pound, such as antiques, silverware, china, furs, paintings, etc.

*Tasks Performed at You or Your Agent’s Request*

Neither PacWest Moving & Delivery, nor its subsidiaries or affiliates, or their respective employees, contractors, or agents, shall be liable for any damages that arise as a result of any Lumper, Driver, or other Third Party Provider following directions given by you or your agents, and you agree to indemnify, defend, and hold PacWest Moving & Delivery and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that PacWest Moving & Delivery and/or its subsidiaries or affiliates, or each of the foregoing entities’ employees, contractors, or agents, may incur as a result of, arising out of, or in relation to you or your agent’s directions.

*Consequential or Incidental Damages*

As set forth more fully in Section 9.2 below, neither PacWest Moving & Delivery, nor any of its subsidiaries or affiliates or their respective contractors, employees, or agents shall be liable for any consequential or incidental damages that may arise due to any service failure, including, but not limited to, any failure to start or complete the Services. By way of example, but not limitation, this means that PacWest Moving & Delivery shall not be liable for any damages that you may incur if your move or other Services are unable to be performed or completed on a scheduled date.

*Acts of God and Other Similar Circumstances*

Neither PacWest Moving & Delivery, nor its subsidiaries or affiliates, or their respective employees, contractors, or agents, shall be liable for any damages caused by or resulting from an act of God; war hostilities; rioting; fire; explosion; flood; sabotage; transportation or labor strike, lockouts, or injunctions; compliance with governmental laws, regulations, or orders; or any other cause whether or not of the same class or kind enumerated herein which affects performance of the Agreement arising from or attributable to acts, events, omissions, or accidents beyond the reasonable control of the Company or the Service Providers.

8.5 Personal Injuries; Participation by You in Moving

For your safety, you are asked not to participate in any loading, unloading, or moving of property or in any other Services. To the extent that you or your agents or family members choose to do so, you acknowledge and agree to indemnify, defend, and hold PacWest Moving & Delivery and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that PacWest Moving & Delivery and/or its subsidiaries or affiliates, or each of the foregoing entities’ employees, contractors, or agents, may incur as a result of, arising out of, or in relation to you or your agents or family members’ decision to do so.

Notwithstanding the foregoing, if you order transportation services only, you may be provided access to certain moving equipment, including, but not limited to, hand trucks, appliance dollies, moving pads, ratchet straps, etc. (collectively, the “Moving Equipment”). YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER PacWest Moving & Delivery NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE MOVING EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE MOVING EQUIPMENT IS, OR WILL BE, SUITED FOR YOUR INTENDED USE OR THAT IT IS FREE FROM DEFECTS. You assume all risks inherent in the operation and use of the Moving Equipment and will take all necessary precautions to protect all persons and property from injury or damage while in possession of the Moving Equipment. Neither PacWest Moving & Delivery nor any of its subsidiaries or affiliates shall be responsible to you or to any other party, including any of your agents, for any loss, damage, or injury (including, but not limited to, any personal injury (including death), loss of profits, business interruption, or other special or consequential damages) caused by, resulting from, or in any way connected with the Moving Equipment or its operation or use, or any defect with respect thereto. You agree to defend, indemnify, and hold PacWest Moving & Delivery and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from and against any and all liability, claims, and damages of any kind (including attorneys’ fees) for injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, or rental of the Moving Equipment by you or any other third party not authorized by PacWest Moving & Delivery, however caused. You agree to inspect each piece of Moving Equipment prior to its use to ensure that such Moving Equipment is in good working order and repair and to notify PacWest Moving & Delivery and the Driver providing the Moving Equipment immediately in the event that any piece of the Moving Equipment is damaged, unusable, or unsafe to use. In the event that any Moving Equipment is damaged, unusable, or unsafe, PacWest Moving & Delivery will arrange for a replacement piece of Moving Equipment to be provided if available. You acknowledge and agree that your sole remedy for any failure or defect in the Moving Equipment shall be termination of any rental charges accruing after the time of failure. All Moving Equipment must be returned to the truck or other motor vehicle (arranged by PacWest Moving & Delivery in connection with your request for transportation services) prior to the Driver’s departure from your shipment origin and destination. You agree to reimburse PacWest Moving & Delivery or its Third Party Providers for any Moving Equipment that is not returned.

8.6 Disputed Claims

If you dispute the handling of your claim for damages, including, but not limited to, any proposed claim settlement, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution and arbitration provision contained in Section 10 (and its subparts) below and that you must abide by the procedures discussed therein. If you desire to file a claim for arbitration pursuant to Section 10 (and its subparts), or otherwise contest the validity of the arbitration provision, you must commence such claim within eighteen (18) months of the filing of your initial claim.

9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

9.1. Disclaimer

THE PacWest Moving & Delivery PLATFORMS AND THE SERVICES THAT YOU MAY ORDER THROUGH THE PacWest Moving & Delivery PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PacWest Moving & Delivery 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, UNLESS OTHERWISE PROVIDED HEREIN, PacWest Moving & Delivery MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES ORDERED THROUGH THE PacWest Moving & Delivery PLATFORMS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

BY ORDERING AND/OR RECEIVING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THIRD PARTY PROVIDERS THROUGH THE PacWest Moving & Delivery PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, PacWest Moving & Delivery HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. FURTHERMORE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT PacWest Moving & Delivery IS NOT AN EMPLOYER OF ANY THIRD PARTY PROVIDER, THAT THE THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED, AND THAT THE ENTIRE RISK ARISING OUT OF YOUR RECEIPT OF THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

9.2. Limitation of Liability

PacWest Moving & Delivery, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 (AND ITS RESPECTIVE SUBPARTS 8.1 THROUGH 8.6) ABOVE, UNLESS OTHERWISE SET FORTH IN A SIGNED WRITING BETWEEN YOU AND AN AUTHORIZED REPRESENTATIVE OF THE PARTY TO BE CHARGED. FOR THE AVOIDANCE OF DOUBT, PacWest Moving & Delivery, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS’ MAXIMUM LIABILITY PER ORDER SHALL NOT EXCEED $1,000 FOR REQUESTS FOR ONLY LUMPER SERVICES OR $2,000 FOR REQUESTS FOR LUMPER AND TRANSPORTATION SERVICES, AND IN NO EVENT WILL PacWest Moving & Delivery, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE, AGENTS, EMPLOYEES, AND CONTRACTORS’ LIABILITY TO YOU FOR ANY DAMAGE TO YOUR PERSONAL OR REAL PROPERTY EXCEED SUCH LIMITATIONS FOR ONE ORDER.

IN ADDITION, PacWest Moving & Delivery, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE PacWest Moving & Delivery PLATFORMS, YOUR ORDER FOR SERVICES, AND/OR THE SERVICES PERFORMED BY THIRD PARTY PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY), AND EVEN IF PacWest Moving & DeliveryS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.

9.3 Indemnity

You agree to indemnify, defend, and hold PacWest Moving & Deliverys, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys’ fees) relating to or arising from: (i) your violation of any third-party right, including, without limitation, any right to privacy, publicity rights, or intellectual property rights (including any User Content submitted by you); (ii) your wrongful or improper use of the PacWest Moving & Deliverys Platforms or the Services; (iii) any actual or alleged breach of the Terms or your representations, warranties, and obligations set forth in these Terms; (iv) your violation of any rights of another, including any of the Third Party Providers or any other User; (v) your violation of any law, rule, or regulation of the United States or any other country; and (vi) your negligence or willful misconduct (including any negligence or willful misconduct in packing any personal property for shipment or relocation by a Third Party Provider).

This obligation and any other indemnification obligation set forth in these Terms will survive the termination of these Terms and/or your use of the PacWest Moving & Delivery's Platforms.

10. DISPUTE RESOLUTION

10.1 Informal Dispute Resolution

Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against PacWest Moving & Delivery or any Third Party Provider or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the PacWest Moving & Delivery Platforms; or your order for, receipt of, or the performance of the Services (collectively, the “Disputes”). The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to PacWest Moving & Delivery.

10.2 Arbitration

If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and PacWest Moving & Delivery, provided, however, that each party retains the right (without any requirement to negotiate during an Informal Dispute Resolution Period) 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 PacWest Moving & Delivery are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and PacWest Moving & Delivery otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of Sections 10.2 through 10.7 hereof will be deemed void and severable. Except as provided in the preceding sentence, Section 10 of these Terms (and each of its respective subparts) will survive any termination of this agreement.

10.3 Arbitration Rules and Governing Law

Unless otherwise agreed to by you and PacWest Moving & Delivery, the arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by Section 10 hereof (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of Oregon.

10.4 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The written Demand for Arbitration shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to PacWest Moving & Delivery at the following address: Legal Department, PacWest Moving & Delivery, 614 SE 202nd Avenue #504, Portland, OR 97233.

10.5 Arbitration Location and Procedure

Unless you and PacWest Moving & Delivery agree otherwise, the arbitration will be conducted in Portland, Oregon. If your claim does not exceed $10,000, then, the arbitration will be conducted solely on the basis of documents you and PacWest Moving & Delivery submit to the arbitrator unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

10.6 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with Sections 8, 9, and 10 hereof (and their respective subparts), including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.7 Fees

The parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.

11. OTHER THIRD PARTY INTERACTIONS; DISCRIMINATION

11.1 Other Third Parties

While using the PacWest Moving & Delivery Apps, the Websites, and/or any other PacWest Moving & Delivery Platform and/or while requesting or receiving Services, you may enter into correspondence with or purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the PacWest Moving & Delivery Apps, Websites, and/or the other PacWest Moving & Delivery Platforms. Any such activity and any associated terms, conditions, warranties, or representations are solely between you and the applicable third party. PacWest Moving & Delivery 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. PacWest Moving & Delivery does not endorse any sites on the internet that are linked through the PacWest Moving & Delivery Apps and/or Websites, and in no event shall PacWest Moving & Delivery or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party service providers. PacWest Moving & Delivery provides the PacWest Moving & Delivery Apps and/or Websites and Services to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party service providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and PacWest Moving & Delivery disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.

11.2 Discrimination

**You agree that you will not use the PacWest Moving & Delivery Platforms to engage in any form of discrimination or harassment, including when providing any ratings or other feedback following completion of the Services by any Third Party Provider. Specifically, you agree that you will not discriminate against or harass any User or Third Party Provider on the basis of any such User or Third Party Provider’s race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws. If you are not able to comply with this Section 11.2, you may not use any of the PacWest Moving & Delivery Platforms.**

12. PRIVACY POLICY

For information about how PacWest Moving & Delivery collects, uses, and shares your information and information about other Users of the PacWest Moving & Delivery Platforms, please see our Privacy Policy at [https://www.getPacWest Moving & Deliverys.com/privacy-policy/. By placing an order for Services, you agree to PacWest Moving & Delivery’s 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 Oregon, without giving effect to any conflict of law principles.

13.2 Claims of Copyright Infringement

Claims of copyright infringement should be sent to PacWest Moving & Delivery’s designated agent. Please e-mail support@pacwestmoving.com for more information.

13.3 Notice

PacWest Moving & Delivery may give notice to you by means of a general notice on the PacWest Moving & Delivery Platforms, by electronic mail to the e-mail address or addresses you have provided to PacWest Moving & Delivery, by facsimile transmission, or by written communication sent by overnight courier service, first class mail, return receipt requested, or certified or registered mail to the address or addresses you have provided to PacWest Moving & Delivery. Unless otherwise provided in another Section of these Terms, you may give notice to PacWest Moving & Delivery by first class mail, return receipt requested, or certified or registered mail to: Legal Department, PacWest Moving & Delivery, 614 SE 202nd Avenue #504, Portland, OR 97233.

Permitted notices shall be deemed effective, as applicable, (i) 12 hours after sending, if sent by e-mail, unless the sender receives notice of failed delivery, (ii) the day notice is received if notice is given by facsimile, (iii), on the first business day after the date of sending via overnight delivery service if notice is given by such a delivery service, or (iv) the fourth business day after notice is deposited in the United States mail, if notice is given by United States certified, registered, or first class mail.

13.4 Electronic Communications

You consent to receive communications from PacWest Moving & Delivery in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that PacWest Moving & Delivery provides to you electronically satisfy any legal requirement that such communications would satisfy if it were 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 PacWest Moving & Delivery’s prior written approval. PacWest Moving & Delivery may assign these Terms without your consent, including, without limitation, to a subsidiary or affiliate or a successor-in-interest in connection with a change in control (whether by merger, sale of stock or assets, consolidation, reorganization, or otherwise). Any purported assignment in violation of this section shall be void.

13.6 Independent Contractor

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

13.7 Severability

If any provision (or portion of any provision) of these Terms is determined to be invalid, illegal, or otherwise unenforceable to any extent in any context, such invalidity shall not affect the validity or operation of any other provision of these Terms, and such invalid provision (or portion of any provision) shall be reformed to the maximum extent permitted by law to effectuate the intent of these Terms or, to the extent not reformable under applicable law, severed from these Terms with the remaining provisions of these Terms remaining in full force and effect.

13.8 No Waiver

No waiver of any of the provisions of these Terms shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of PacWest Moving & Delivery to insist upon the strict performance of any provision of these Terms or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. Rights and remedies under these Terms or under applicable law shall be cumulative, and the exercise of any particular right shall not be exclusive of any other right or remedy provided by these Terms or allowed under applicable law.

13.9 Complete Agreement

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

13.10 Contact Information

If you have any questions, complaints, comments, or concerns about the PacWest Moving & Delivery Platforms or the Services, please contact PacWest Moving & Delivery at:

PacWest Moving & Delivery
614 SE 202nd Avenue #504
Portland, OR 97233
support@pacwestmoving.com