HAULER TERMS OF USE
Last modified: May 4, 2016

Welcome to Hauler

Thank you for accessing our website, viewing our content, and using our products and services (together, the “Services”). The Services are provided by Hauler, Inc. (“Hauler”) located at 6542 Urban Ct., Arvada, CO 80004.

The Services provide an online platform to connect individuals who are moving to persons or companies willing to use their vehicles to assist with the move. If you have any questions, you can reach the Hauler team at https://www.haulermoving.com/.

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy (“Privacy Policy”) at https://www.haulermoving.com/privacy.

By downloading or using the Services, you are agreeing to these Terms of Use (these “Terms of Use”) and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, you may not use the Services.

We may modify these Terms of Use from time to time as the Services change, as applicable law changes, or for any other reason. All modifications to these Terms of Use are effective immediately when posted. If you do not agree to the modified Terms of Use, you may not use the Services.

The Services are offered to users who are 18 years of age or older. If you are under the age of 18 you may not use the Services.

Using the Services

You are required to setup a Hauler account to use the Services. You acknowledge that your account is personal to you. You are responsible for the quality and integrity of the data in your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You agree not to do the following:

  • Use the Services in any way that violates any applicable law or regulation.
  • Transport hazardous or illegal goods.
  • Post private information of other users of the Services including, but not limited to, names, email addresses, phone numbers, social security numbers, or financial information.
  • Engage in any conduct that restricts anyone’s use or enjoyment of the Services, or which, in our opinion, may harm Hauler or users of the Services.
  • Use the Services in any manner that could disable, overburden, damage, or limit our ability to provide the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Attempt to interfere with the proper working of the Services.
  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services.
  • Use the Services for any fraudulent purposes.
  • Transfer, resell, lease, license or otherwise make available the Services to third parties.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, or any server, computer or database connected to the Services.
  • We reserve the right to change or stop providing the Services at any time. We have the right to disable your use of the Services, at any time for any or no reason. We will not be liable if for any reason the Services are unavailable.

You agree that any items related to your moving request are your personal property and that you have all right, title and permission to request and allow the moving of the item. You agree that the performance of the Services will not result in the violation of any third party’s ownership or privacy rights.

Payment for the Services

You must provide credit card information to submit a request for moving services. You agree to make all payments through the Hauler platform and will not pay any driver in cash or other means.

Relationship of Workers to Hauler

The Services are solely a means of connecting you with individuals willing to assist with your move. We do not guarantee that any driver will meet your expectations for performing moving services. In the event of any claim or a motor vehicle accident, you and the driver will be solely responsible for reporting the incident in compliance with the requirements of any law or your insurance companies.

If you are interested in becoming a driver for Hauler, you must complete an application through Hauler’s website or mobile application, and agree to certain terms, including your status as an independent contractor.

Content You Submit

You may have the opportunity to submit content regarding your experiences with the Services. In providing feedback, please give clear, honest information, but do not use inappropriate language or personal criticisms.

Links to Other Sites

The Services may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Modifications to the Services

Hauler reserves the right at any time to modify or discontinue the Services with or without notice. You agree that Hauler shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. To protect the integrity of the Services, Hauler reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.

Commercial Uses

Organizations, companies, and businesses may not use the Services for any purpose without Hauler’s consent, which may be provided or denied in Hauler’s sole discretion. Hauler may investigate and take any available legal action in response to illegal or unauthorized uses of the Services.

Intellectual Property Rights

The Services are owned by Hauler, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Hauler, the Hauler logo, and all related names, logos, product and service names, designs and slogans are trademarks of Hauler or its affiliates or licensors. You may not use such marks without Hauler’ prior written permission. All other names, logos, product and service names, designs and slogans included in the Services are the trademarks of their respective owners.

On the condition that you fully comply with these Terms of Use, Hauler grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services for your own personal use. The mobile application may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Hauler, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Except as expressly authorized by these Terms of use, you may not (1) modify, disclose, alter, translate or create derivative works of the Services, (2) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services, (3) disassemble, decompile or reverse engineer any of the software components of the Services, (4) copy, frame or mirror any part of the Services, (5) interfere with or disrupt the integrity or performance of the Services, or (6) attempt to gain unauthorized access to the Services.

Term and Termination

These Terms of Use will remain in full force and effect while you use the Services. You may disable your account at any time, for any reason, and the Company may terminate or suspend your account at any time, for any reason. After your account is terminated, all terms of this agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Disclaimer of Warranties

Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Hauler nor any person associated with Hauler makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither Hauler nor anyone associated with Hauler represents that the Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services are free of viruses or other harmful components or that the Services will otherwise meet your needs or expectations.

Hauler hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Limitation on Liability

When permitted by law, Hauler, its affiliates or their licensors, service providers, employees, agents, officers or directors will not be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential or punitive damages.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Compliance with Laws

You agree to abide by all applicable local, state, and national laws and regulations related to the Services.

Indemnification

You agree to defend, indemnify and hold harmless Hauler, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use, Privacy Policy, or the Services shall be binding arbitration administered by the American Arbitration Association in Denver, Colorado. By using the Services in any manner, you give up your right to go to court to assert or defend any claims between you and Hauler (except for matters that may be taken to small-claims court). Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Whether the dispute is heard in arbitration or in court, you agree not to commence a class action suit, class arbitration or other representative action or proceeding.

These Terms of Use, Privacy Policy, and any dispute arising between you and the Company, shall be governed by the laws of the state of Delaware without regard to conflicts of law principles. Any arbitration proceeding shall be commenced in the federal or state courts located in Denver, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Severability

If any provision of these Terms of Use is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Copyright Policy constitute the entire understanding between you and Hauler with respect to the Services and supersede all other agreements, whether written and oral, between you and Hauler.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from haulermoving.com infringe your copyright, you may request removal of those materials (or access thereto) from haulermoving.com by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on haulermoving.com, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Ty Butikofer
6542 Urban Ct.,
Arvada, CO 80004
() xxx-xxxx
support@hauleraway.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on haulermoving.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Consent to Electronic Communications

By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@hauleraway.com.

Your Comments and Concerns

All communications relating to the Services should be directed to: support@hauleraway.com.