- Unpakt will ensure:
- Your fair and equal positioning within the Site.
- Your fair rating within the Unpakt rating system.
- Your full control over your rates used in generating quotes.
- Your full access to the user once your generated quote is chosen.
- You must honor the Guaranteed Price. You cannot change the Guaranteed Price if the shipment or services does not change. If the shipment or services does change you must enter the changes into Unpakt’s pricing system. Unpakt will make the change in accordance to your Pricing Matrix and reissue the new Guaranteed Price.
- You must list your best Monthly Storage Charges. You must list Monthly Storage Charges that are equal to or lower than any charges that you're advertising anywhere else.
- You must pass a screening process before becoming an Unpakt mover. For a full description of our verification process, click here.
- You will be charged:
- A one-time registration fee of $225.
- An annual membership fee of $275.
- Moving related charges:
- Between 13% and 27% of the Guaranteed Price for Interstate and Intrastate Moves within the Continental United States depending upon the number of moves completed through Unpakt.
- 8% of the Guaranteed Price for International Moves.
- $25 for each Onsite Estimate Appointment that you accept.
- $15 for each Phone Estimate Appointment that you accept.
- Storage related charges:
- 50% of one highest Monthly Storage Fee to a maximum of $100.00.
- Site related (Click Through) charges:
- $1.50 for each time a user views your Profile Page.
- $2.50 for each time a user clicks your Website Link.
- $3.50 for each time a user clicks your posted Email Address.
- $6.00 for each time a user clicks your posted Phone Number.
- You must practice the highest level of professionalism.
- You agree to properly wrap and/or protect user’s goods, flooring and corners.
- You agree to use the proper materials and equipment.
- You agree to actively communicate with users before, during and after their move and/or storage term.
- You agree to respect the users’ preferences.
- You agree to be punctual.
- You agree to comply with applicable federal, state, local and international laws and regulations.
- You agree to handle users’ customer service matters and claims in an appropriate, reasonable and respectful manner.
- You understand that if you violate these or any of Unpakt’s policies you will be temporarily or permanently removed from the Site.
- You agree to follow Unpakt’s Service Standards. For a full description of Unpakt’s Service Standards, click here.
Welcome to the Unpakt.com site (the “Site”). We are pleased to offer you access to the Site and use of our services, namely providing users with on-line price comparisons of moving and storage services via the internet conditioned on your acceptance without modification of the following Terms of Service and additional terms incorporated by reference herein (collectively, these “Terms”). This Site is provided solely to assist users in gathering shipping information, determining the availability of shipping and storage related goods and services, and transacting business directly and solely with participating transportation service providers (“Movers” or "Storage Operators"), and for no other purposes (the “Service”). The terms "we," "us," "our" and "Unpakt" refer to Unpakt, LLC and its affiliates. The term "you" and “your” refers to the Mover visiting the Site and/or using the Service. The term “user” or “users” refers to the customers visiting the Site and/or using the Service.
UNPAKT IS NOT A BROKER OF HOUSEHOLD GOODS. UNPAKT DOES NOT ARRANGE (OR OFFER TO ARRANGE) FOR THE TRANSPORTATION OF HOUSEHOLD GOODS. UNPAKT’S ROLE IS LIMITED TO PROVIDING AN ELECTRONIC PLATFORM ON WHICH MEMBER MOVERS AND USERS COME TOGETHER AND A COMMON LANGUAGE FOR MEMBER MOVERS AND USERS TO SPEAK. UNPAKT IS ALSO NOT A REAL ESTATE BROKER. UNPAKT IS NOT RESPONSIBLE FOR, AND DOES NOT ENGAGE IN, BROKERING, SELLING, PURCHASING, EXCHANGING, OR LEASING POSTED PROPERTIES. UNPAKT DOES NOT COUNSEL LESSORS OR LESSEES, SHOW PROPERTIES, NEGOTIATE SALES CONTRACTS, OR HOLD A POSITION OF TRUST AND CONFIDENCE, WHETHER OR NOT IN CONNECTION WITH THE SERVICE. UNPAKT’S ROLE IN THE RENTAL OF STORAGE SPACE IS LIMITED TO PUBLISHING ADVERTISING PROVIDED BY STORAGE OPERATORS AND COMMUNICATING USERS’ REQUESTS FOR RESERVATIONS TO SAID STORAGE OPERATORS. NO BROKERAGE RELATIONSHIP OR ANY AGENCY OR FIDUCIARY RELATIONSHIP IS INTENDED TO BE OR SHALL BE DEEMED TO HAVE BEEN CREATED BETWEEN UNPAKT AND ANY MEMBER MOVERS, STORAGE OPERATORS AND/OR USERS.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND UNPAKT. BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW) AND ANY FUTURE MODIFICATIONS, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NO USE THE SERVICE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND AT ANY TIME, TO CHANGE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE, AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THE UPDATED OR MODIFIED TERMS. THESE TERMS MAY NOT BE MODIFIED, AMENDED, AND/OR CHANGED BY YOU IN ANY MANNER.
- Eligibility. THE SERVICE IS NOT INTENDED FOR OR AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THE SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.
- Services Provided by Unpakt. Subject to your compliance with these Terms, we grant you permission to access and use the Site and the Service. Unpakt offers you a neutral platform through which you can upload the details of your published pricing system (“Pricing Matrix”). Our proprietary system will use your Pricing Matrix to generate estimates based on the inventory specifications entered by Unpakt users. Unpakt users will then be presented with multiple estimates created using the pricing matrices of participating and applicable Member Movers and/or Storage Operators. If an Unpakt user chooses your generated estimate, you agree that you will provide the services as laid out in your generated estimate and that you will not modify the generated estimate unless done so by and through the Site; this generated and bound estimate being referred to as the “Guaranteed Price” for moving services or “Monthly Storage Fee,” for storage services. You further agree that you will not seek to modify the Guaranteed Price unless or until the shipment, as laid out in your generated estimate, increases by more than ten percent (10%) [five percent (5%) for Long Distance moves as defined by Unpakt] or as otherwise specified herein. You represent and warrant that any uploaded Pricing Matrix meets all applicable federal, state and local laws and regulations, including, but not limited to, any such laws and regulations requiring conformity to published tariffs. You further represent and warrant that your acceptance of and provision of moving and storage services under the Guaranteed Price, as described herein, does not breach any applicable federal, state or local laws or regulations regarding the transportation and storage of household goods and that you will immediately notify Unpakt of any potential breach before such breach occurs. Unpakt has no involvement or control over the actual transaction between you and the Unpakt user. You will enter into a separate agreement with the Unpakt user regarding the actual shipping terms.
- Modifications to the Guaranteed Price are allowed when:
- The shipment, as laid out in your generated estimate, increases by more than ten percent (10%) [five percent (5%) for Long Distance moves as defined by Unpakt] or as otherwise specified herein. Violation of this Section may lead to a penalty as indicated in Section V hereof.
- A Long Carry (Long Carry being an industry terms as otherwise defined by Unpakt) is made necessary by an unexpected event such as construction or road closures that you could not have foreseen and only when the Long Carry adds more than 200 feet to the previously unrestricted planned carrying path from your vehicle to the user’s origin and/or destination. Violation of this Section may lead to a penalty as indicated in Section V hereof.
- Changes. Unpakt reserves the right, at its sole discretion, to make changes to or modify the Service and these Terms without notice. Your continued use or access of the Service and/or Site signifies acceptance of the updated or modified Service under these Terms. Unpakt may offer new products and/or services through the Site, which will also be subject to these Terms. You should visit the Site and review these Terms periodically to ensure you stay informed about the latest updates
- Move Now. An Unpakt user will also have the option to utilize the Move Now feature which will operate in much the same way as the Service as set forth herein (“Move Now”) (Move Now shall be incorporated into and fall within the definitions, terms and conditions of and related to the Service as set forth herein); specifically Move Now will:
- Utilizing its proprietary system, and taking into account those Member Movers with the requisite availability and capability based on the details entered by the respective Unpakt user and as indicated by each Member Mover (“MN Available Member Movers”), will choose the Guaranteed Prices and/or Monthly Storage Fees from the three (3) most appropriate MN Available Member Movers (“MN Initial Three”) and then, from the MN Initial Three the one
- most appreciate Member Mover (“MN Final One”) using the following factors:
- The Guaranteed Prices and/or Monthly Storage Fees as generated using the Pricing Matrix;
- Any available Unpakt reviews of the MN Available Members Movers;
- Any service issues of the MN Available Member Movers, including, but not limited to, cancellations, rejections and so forth; and/or,
- Other factors that would be reasonable for the system to utilized in helping the Unpakt user in their ultimate choice of which Member Mover to utilize.
- The System will present the Unpakt user with the MN Final One as well as with the ability to view the MS Initial Three along with information that the Unpakt user will need to make the ultimate decision of which Member Mover to utilize, and the respective Guaranteed Prices and/or Monthly Storage Fees of each plus a standard mark up of up to ten percent (10%) (“MN Mark Up”).
- Changes. Unpakt reserves the right, at its sole discretion, to make changes to or modify the Service and these Terms without notice. Your continued use or access of the Service and/or Site signifies acceptance of the updated or modified Service under these Terms. Unpakt may offer new products and/or services through the Site, which will also be subject to these Terms. You should visit the Site and review these Terms periodically to ensure you stay informed about the latest updates.
- Additional Terms and Policies. Your use of the Site and/or Service is subject to, and you shall at all times comply with, the Unpakt Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made a part of these Terms by reference, and subject to change without notice.
- Billing, Payments, and Fees. For providing the Service, Unpakt will be entitled to the applicable percentage as indicated below of and from the highest Guaranteed Price accepted by an Unpakt user for whom you provided moving and/or storage services. You authorize Unpakt to charge, or otherwise collected the Guaranteed Price from Unpakt users for the moving and/or storage services that you provide and for Unpakt to collect and/or retain its fees through and from these transactions. If Unpakt is unable to collect and/or retain its fees from these transactions, you agree to pay Unpakt the fees referenced herein within fifteen (15) days from the commencement of your provided services. If your account is referred to collections, you agree to pay any collection costs incurred, including attorney's fees, filing fees and court costs. Unpakt will not release the funds that it collects from its users unless or until you provide Unpakt with a fully executed bill of lading or such other document as Unpakt deems appropriate to show that the services were properly provided to the user; however, if said documents are not provided to Unpakt within thirty (30) days from the scheduled delivery date Unpakt may, at its sole discretion, deem the services not be provided and close the account, issue the appropriate refund(s), retain its fees and/or any other actions related thereto.
- Transportation of Household Goods.
- Interstate and Intrastate Fees:
- Fifteen percent (15%) for the first 9 moves completed using the Service. Thirteen percent for your first 4 moves completed using the Service if you registered on or before December 31st, 2017.
- Eighteen percent (18%) for the 10th through 49th move completed using the Service.
- Twenty-three percent (23%) for the 50th through 99th move completed using the Service.
- Twenty-seven percent (27%) for the 100th and above move completed using the Service.
- International Fees (defined as any move which results in a shipment’s crossing of a national or maritime border):
- Eight percent (8%) for any move completed using the Service.
- Onsite Estimate Appointments. The Site may also facilitate the scheduling of onsite estimates with participating and applicable Movers. If Unpakt users choose not to use Unpakt’s price comparison services and book an onsite estimate with you through the Site, you agree to pay Unpakt twenty-five U.S. dollars ($25.00) per scheduled and accepted onsite estimate. Onsite estimates may not be exclusive; user information may be offered to multiple member movers.
- Phone Estimate Appointments. The Site may also facilitate the scheduling of telephone estimates with participating and applicable Movers. If Unpakt users choose not to use Unpakt’s price comparison services and book a telephone estimate with you through the Site, you will pay Unpakt fifteen U.S. dollars ($15.00) per scheduled and accepted telephone estimate. Telephone estimates may not be exclusive; user information may be offered to multiple member movers.
- Interstate and Intrastate Fees:
- Storage:
- Fifty percent (50%) of the highest Monthly Storage Fee.
- Pay-per-click Fees. You hereby agree to pay Unpakt the following fees for each occurrence of the following.
- $1.50 for each time a user views your Profile Page
- $2.50 for each time a user clicks your Website Link
- $3.50 for each time a user clicks your posted Email Address
- $6.00 for each time a user clicks your posted Phone Number
- Registration Fee: Upon becoming a member mover you agree to pay Unpakt a registration fee of $225.00 (“Registration Fee”). This Registration Fee may be refunded if your membership is terminated without cause.
- Annual Membership Fees: You hereby agree to pay Unpakt an annual membership fee of $275.00 (“Annual Membership Fee”). This Annual Membership Fee may be refunded if your membership is terminated without cause.
- Disbursement Modifications. You unconditionally grant Unpakt the ability, at Unpakt’s sole discretion, to withhold any payments due to you for up to thirty (30) days. You further authorize Unpakt to distribute funds which are otherwise owed to you in accordance with these terms in alternative proportions, as agreed upon from time-to time between you and users. Whenever possible, please use Unpakt’s Disbursement Modification Form for such distribution modifications.
- Other Service Related Fees:
- $25 per hour that the entire team, as scheduled, is not present and ready to begin the Service at Origin outside of any previously agreed upon arrival window (written acceptance by user).
- 1% of the Guaranteed Price per day or a minimum amount of $75 (beginning on the 1st hour and continuing in consecutive 24 hour periods therefrom) that a user’s shipment, or portion thereof, is delivered outside of any previously agreed upon delivery window (written acceptance by user).
- 200% of any fee charged to customer outside of the Guaranteed Price that is not a permitted modification as set forth in Section II(a) herein and/or any fee charged to customer that was not reported to Unpakt and/or not run through the Site.
- Any permitted modifications to the Guaranteed Price properly reported to Unpakt and/or properly run through the site more than seven (7) days from the corresponding pick up date may not be processed; Unpakt makes no guarantees that you will receive any related fees submitted after this point.
- 100% of any charge(s) for corresponding services, on a shipment or item basis, not provided as indicated by User.
- Free packing for the all items within the shipment that would require packing if you accept a box delivery order and fail to deliver the ordered boxes at least one (1) full business day prior to the corresponding shipment’s pick up date.
- Transportation of Household Goods.
- Risk of Reversals, Chargebacks and Claims. When you receive a payment from Unpakt or from a user, you are liable to Unpakt for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent to you by Unpakt or the user, plus any applicable fees if you or Unpakt lose a claim or a Chargeback, or if there is a reversal of the payment. “Chargeback” means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
- Cancellations. Users who cancel their moves less than two (2) business days prior to the move date will incur a cancellation charge in the amount of ten percent (10%) of the Guaranteed Price (“Cancellation Charge”). You will be entitled to one half of the Cancellation Charge less any credit card or other fees which Unpakt incurred.
- Conflicting Prices. If you publish and/or present a quote/estimate in way, shape or form and/or book a move at price(s) that differ from those prices resulting from the Price Matrix that you entered on/through your Unpakt account Unpakt may increase its fee on any corresponding move (corresponding move being any quote/estimate and/or booked move created through Unpakt where the user has directly or indirectly received a quote/estimate for a substantially similar move with you or your affiliate) at a lower price (lower total or lower line item) by the monetary difference between the two prices in addition to five percent (5%) of the higher price ($50 minimum).
- Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Unpakt is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
- User Disagreements. Disagreements you may have with a participating user over a transaction will remain solely between you and the user, and governed by the agreed to terms of the transaction. Although Unpakt may attempt to mediate any disagreements between you and participating users, Unpakt shall have no liability to you or the user for a failed or unsatisfactory transaction.
- Term and Termination. These Terms will remain effective until terminated as set forth here. Unpakt may terminate or suspend your account and use of and access to the Service at its sole discretion, with or without cause, without notice or liability to you. You may terminate your use of the Service at any time and for any reason or no reason by stopping all use of the Site and Service, closing your Pricing Matrix on the Site and completing any then outstanding user requested moving and/or storage services. In the event of termination, Sections 6 through 18 shall survive.
- Mover Content. The Site may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content, materials and/or other information to Unpakt or the Site, including, without limitation, prices, services, logos and other trademarks, pictures, comments, ideas, reviews, and other content (collectively, “Mover Content”). Except as otherwise described in the Privacy Policy, you agree that your Mover Content will be treated as non-confidential and non-proprietary and will not be returned. You remain the owner of your Mover Content, but you acknowledge that Unpakt must have a license from you in order to accept your Mover Content. You grant to Unpakt the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your Mover Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same. You further agree that Unpakt is free to use any ideas, concepts, know-how or techniques contained in any Mover Content you send to the Site or Unpakt, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such Mover Content; or creating informational articles based on or advertising our products and services, and without obligation, remuneration or attribution of any kind to you or anyone else. You further perpetually and irrevocably grant Unpakt the unconditional right to use and exploit your name, persona and likeness included in any Mover Content and in connection with any Mover Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize Unpakt to publish your Mover Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any Mover Content you submit, even if such Mover Content is altered or changed in a manner not agreeable to you. You agree that you either: (i) own the rights to the Mover Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Unpakt these licenses. Upon Unpakt’s request, you will furnish Unpakt any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that Unpakt has no obligation to monitor or enforce your intellectual property rights to your Mover Content but has the right to protect and enforce its and its rights to your Mover Content including, without limitation, by bringing and controlling actions in your name and on your behalf (at Unpakt’s cost and expense, to which you agree to consent and irrevocably appoint Unpakt as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You further acknowledge and agree that Unpakt does not and will not have any obligation to review, monitor, display, accept or exploit any Mover Content and Unpakt may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit Mover Content at any time without notice or liability to you or any other party. You understand that Mover Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time. All of your Mover Content is your sole responsibility. This means that you, and not Unpakt, are entirely responsible for all Mover Content that you upload, post, e-mail, transmit or otherwise make available via the Site. If you post personal information to publicly available areas of the Site then you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any of Mover Content including, without limitation, any errors or omissions in Mover Content, or for any loss or damage of any kind incurred as a result of Mover Content. Unpakt explicitly retains all right, title, and interest in and to all intellectual property and other proprietary materials used in connection with the Service and/or the Site. Neither these Terms nor your use of the Service grant you any rights or license to use any Unpakt proprietary material except as authorized under these Terms.
- Insurance Requirements: You must maintain a General Liability insurance policy with limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined under which Unpakt must be named as an additional insured. This policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the vendor’s limit of liability. You must maintain a Workers' Compensation insurance policy as mandated by the applicable state workers' compensation statute under which Unpakt must be named as an additional insured. You must maintain a Business Automotive Liability insurance policy, including coverage for owned, hired, and non-owned vehicles, with limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined under which Unpakt must be named as an additional insured. You must maintain a Warehouseman's Liability and/or Self-Storage Liability insurance policy with limits of not less than $50,000.00 per each truck or shipment under which Unpakt must be named as an additional insurer.
- Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNPAKT MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RESULTS, OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. UNPAKT DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION, INCLUDING SHIPMENT QUOTES, PROVIDED THROUGH THE RELEVANT SERVICE TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE RELEVANT SERVICE. THE SERVICE CONTAINS INFORMATION PROVIDED TO THE SITE BY TRANSPORTATION SERVICE PROVIDERS. UNPAKT DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT SUCH INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. UNPAKT DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND BEARS NO RESPONSIBILITY FOR IT OR ITS USE. THE ACTUAL SHIPMENT TRANSACTION IS SUBJECT TO TERMS BETWEEN YOU AND THE MOVER ONLY AND UNPAKT ASSUMES NO RESPONSIBILITY OVER QUALITY, SAFETY, AND LEGALITY OF THE TRANSACTION BETWEEN YOU AND THE MOVER. UNPAKT MAKES NO WARRANTIES AND PROVIDES NO ASSURANCES TO YOU UNDER THESE TERMS REGARDING THE COMPLETION OF A DELIVERY AND YOUR SATISFACTION WITH THE MOVER’S PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- Limitation of Liability and Damages. Unpakt has no control over the accuracy of the information provided by the users to the Site (including that which is the basis of the quotes we generate), quality of the Movers performance, ability of a Mover to provide the services, or the ability of the users to pay for the services for which you transact. Unpakt shall not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected. IN NO EVENT SHALL UNPAKT BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF UNPAKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER UNPAKT OR MOVERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT IF UNPAKT IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING LIMITATIONS, UNPAKT’S MAXIMUM AGGREGATE LIABILITY TO YOU HEREUNDER, WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES OR CHARGES ASSESSED BY, PAID TO AND RETAINED BY UNPAKT BY YOU IN CONNECTION WITH THE REQUEST PURSUANT TO WHICH THE LIABILITY AROSE. Without limiting the foregoing, Unpakt shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Unpakt. By participating on the Site, Movers represent that they have valid registration, insurance, and licensure and that they will comply with federal and/or local laws, as applicable. Unpakt does not verify, prequalify, or validate these claims of Movers and hereby disclaims any liability to you due to the Movers representations.
- Indemnification; Release. You agree to indemnify, defend, and hold Unpakt harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and/or Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Unpakt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Unpakt, and you agree to cooperate with Unpakt’s defense of these claims. Unpakt will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE UNPAKT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT, SERVICE, DEAL, OR TRANSPORTATION SERVICE PROVIDER, ANY ACTION OR INACTION BY A TRANSPORTATION SERVICE PROVIDER, INCLUDING A TRANSPORTATION SERVICE PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY OR HONOR THE TERMS OF ANY TRANSACTION, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE.
- Dispute Resolution and Arbitration. Any controversy between you and Unpakt arising under, or in relation to, this agreement or related to the Site and/or Service shall be settled by binding arbitration. Such arbitration shall be held in the City of New York, in accordance with the laws of the State of New York and the rules of the American Arbitration Association.
- Governing Law; Venue. These Terms: (i) will be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law; and (ii) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Unpakt agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of New York for the purpose of litigating all such claims or disputes.
- Confidential Information. For the purposes of these Terms, confidential information means and includes, in the broadest applicable fashion, all information (whether in written, oral, or other tangible or intangible form) relating in any way to the Unpakt’s current, historical or future business and business activities and operations, including without limitation: financial condition, including without limitation assets, liabilities, income, expenses, accounting data, taxes and cash flow; business, technical and scientific concepts, processes and technical data; trade secrets, customer and supplier lists and information, data bases, know-how and other intellectual property obtained or developed by Unpakt or its employees; business plans, strategic plans, and operations; information concerning potential asset, property, business or stock acquisition or divestment opportunities and plans, prospects, status and provisions of actual and contemplated agreements relating to loans, lines of credit, letters of credit, and guarantees and other credit enhancements; pricing policies, research plans and results; litigation administrative and other proceedings, in any forum; insurance policies and claims, employment agreements, compensation arrangements, and benefit plans and programs; and other proprietary or confidential information; all with respect to Unpakt (“Confidential Information”). However, the term “Confidential Information” shall not include information which is generally known to the public other than as a result of a disclosure by or through you or your Affiliates or Associates. For the purposes of these Terms affiliate means and includes each and every person or entity that controls, is controlled by or is under common control with the specified person or entity (“Affiliate”). Associate means and indicates any spouse, sibling, child, partner, officer, director, employer, employee, agent, representative or counsel of the specified person or entity (“Associate”). You, by yourself and on behalf of your Affiliates and Associates, agree to retain all Confidential Information in the strictest confidence. You will not disclose any Confidential Information to any person or entity other than for purposes of Unpakt and you agree not use for your own purposes or for purposes other than those of Unpakt, any Confidential Information that you acquire in relation to the business of Unpakt or its affiliates or the clients of either. You acknowledge your duty to hold Confidential Information in confidence shall remain in effect until the date upon which the Confidential Information has been publicly disclosed in a manner authorized by Unpakt or its affiliates or otherwise has become known to competitors of Unpakt, without you breaching this agreement. You agree that upon the request of Unpakt, and in any event upon the termination of any business relationship with Unpakt, for whatever reason, you will immediately return to Unpakt any materials, including copies in whatever forms, containing Confidential Information which are in your possession or under your control. You agree that Unpakt shall have the right to enforce these Terms and any of its provisions by injunction, specific performance or other equitable relief, without bond, without prejudice to any other rights and remedies that Unpakt may have for a breach of these Terms, and you waive the claim or defense that Unpakt has an adequate remedy at law.
- Miscellaneous. This is the entire agreement between you and Unpakt relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Unpakt as set forth in Section III above. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent of the other. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Unpakt without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by Unpakt at any time to require performance of any provision of these Terms will in no manner affect Unpakt’s right at a later time to enforce the same. The services hereunder are offered by Unpakt, LLC, located at 27 Bruckner Blvd suite 214, Bronx, NY 10454 and any notices hereunder should be sent to this address; Unpakt may be contacted by email at [email protected].