Terms of Use
1.Contractual Relationship:
These Terms of Use ("Terms") describe the terms and conditions under which you, as an individual, are permitted to access and utilize the Services (as defined below). Please review these Terms thoroughly before using the Services.
i-Haul operates as an on-demand lead generation platform that connects users with drivers of pickup trucks or other eligible transportation providers for on-demand delivery services (the "Services"). By accessing or using the Services, you agree to these Terms, which establish a legally binding agreement between you and i-Haul. If you do not agree to these Terms, you are not permitted to access or use the Services.
i-Haul reserves the right to terminate these Terms or any Services provided to you at any time and for any reason. Furthermore, i-Haul may, at its sole discretion, discontinue, restrict, or deny access to the Services, either in part or in full.
In certain instances, i-Haul may enter into a separate Master Services Agreement with business entities. In the event of any conflict between these Terms and the Master Services Agreement, the terms of the Master Services Agreement will prevail.
i-Haul may revise these Terms from time to time. Any updates will take effect upon being posted at this location. Your continued use of the Services following such changes constitutes your acceptance of the updated Terms.
2. The Services:
The Services function as a technology platform that enables users of i-Haul’s mobile applications or websites (each referred to as an “Application”) to arrange and schedule delivery services (“Delivery Services”) through independent third-party delivery providers (“Third-Party Delivery Providers”). Unless otherwise specified in a separate written agreement with i-Haul, the Services are designed solely for your personal, non-commercial use. You acknowledge and agree that i-Haul does not offer transportation or logistics services and is not a transportation carrier.
2.1 Prohibitions
Third-Party Delivery Providers may only transport authorized cargo (“Authorized Cargo”) as part of the Delivery Services. The following actions are strictly prohibited:
(a) Transporting any person or animal in the Third-Party Delivery Provider’s vehicle.
(b) Transporting items of exceptional value, including but not limited to antiques, heirlooms, luxury furniture, fine art, jewelry, gold, or other precious metals. Any item valued over $2,500 is considered of exceptional value.
(c) Transporting hazardous materials of any kind, including but not limited to explosives, gases, flammable liquids or solids, poisonous or infectious substances, or any material classified as hazardous by the Department of Transportation.
(d) Transporting firearms, ammunition, or any other explosive materials.
(e) Transporting goods that are suspected to be illegal or stolen.
2.2 License
Subject to your compliance with these Terms, i-Haul grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:
(i) Access and use the Application on your personal device solely for utilizing the Services.
(ii) Access and use any content, information, and related materials made available through the Services, strictly for your personal use.
All rights not expressly granted in these Terms remain reserved by i-Haul and its licensors.
2.3 Restrictions
You are prohibited from:
(i) Removing any copyright, trademark, or other proprietary notices from any part of the Services.
(ii) Copying, modifying, creating derivative works, distributing, licensing, or otherwise exploiting the Application, except as expressly permitted by i-Haul.
(iii) Decompiling, reverse engineering, or disassembling the Services, except where allowed by applicable law.
(iv) Linking to, mirroring, or framing any portion of the Services.
(v) Attempting to gain unauthorized access to, or interfere with, any part of the Services, including its systems or networks.
2.4 Ownership
The Services, including all associated rights, remain the sole property of i-Haul. These Terms and your use of the Services do not grant you any rights:
(i) To the Services, except for the limited license outlined above.
(ii) To use or reference i-Haul’s company name, logos, product and service names, trademarks, or service marks, or those of its licensors, in any manner.
3.Use of the Services:
3.1 User Accounts and Conduct
To use the Services, you must be at least 18 years old. When requesting Delivery Services, you will need to provide i-Haul with certain personal information, including your name, email address, and mobile phone number. You agree to adhere to all applicable laws while using the Services and will only use them for lawful purposes (e.g., not transporting illegal or hazardous materials).
3.2 User-Provided Content
i-Haul may, at its sole discretion, allow you to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information to i-Haul through the Services. This may include comments, feedback about the Services, Third-Party Delivery Providers, support requests, and submissions for competitions or promotions (“User Content”). Any User Content you provide remains your property. However, by submitting User Content to i-Haul, you grant i-Haul 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 such User Content in any form, format, or media channels now known or later developed (including in connection with the Services, i-Haul’s business, and on third-party sites or services), without additional notice or consent from you, and without any obligation to pay you or any other party.
You agree not to submit User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise offensive, as determined by i-Haul in its sole discretion, regardless of whether such material may be protected by law. i-Haul may, but is not obligated to, review, monitor, or remove User Content at its sole discretion, at any time, and for any reason, without prior notice to you.
3.3 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. i-Haul does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Delivery Calculation: Payment
Delivery Calculation and Your Payment (Customer/Third Party Delivery Provider).
Customer – You will incur a fee for each Delivery Service provided by a Third-Party Delivery Provider (“Charge”).
Pricing will be determined by one of the following methods:
- The customer can set the price for Third-Party Delivery Service Providers to accept.
- The customer can accept bids from Third-Party Delivery Service Providers.
- The customer can leave the price open until a final negotiated price is agreed upon between the customer and the Third-Party Delivery Provider.
i-Haul will facilitate the payment of applicable Charges on behalf of the Third-Party Delivery Provider as their limited payment collection agent. Payment will be transferred immediately after the completion of the delivery. Payment of the Charges in this manner is equivalent to paying the Third-Party Delivery Provider directly.
Charges paid by you are final and non-refundable, unless otherwise determined by i-Haul.
You may choose to cancel your request for services or goods from a Third-Party Delivery Provider at any time before the provider arrives for pickup. In this case, you may incur a cancellation fee.
Cancellation Fee:
- If you cancel more than 24 hours before the scheduled service time, you will retain 90% of the final agreed-upon amount with the Third-Party Delivery Provider.
- If you cancel within 24 hours of the scheduled service time, you will retain 50% of the final agreed-upon amount.
Cancellation Fee Disputes:
You may request to dispute any cancellation fees by submitting a written request if the cancellation meets i-Haul's criteria. The criteria are primarily focused on emergencies, such as a medical emergency, that prevented you from completing the transaction. Each dispute will be evaluated on a case-by-case basis.
Gratuities are optional. After receiving services or goods through the Service, you will have the opportunity to rate your experience, provide a tip to the Third-Party Delivery Provider, and leave additional feedback.
Third-Party Delivery Provider –
Compensation:
Third-Party Delivery Providers will receive 85% of the final agreed-upon fees for delivery services. They will retain 100% of any tips or gratuities received for their services.
Cancellations:
Any cancellations made by a Third-Party Delivery Provider will result in a "ding" or negative mark on their i-Haul account. After three "dings," the account will be suspended for up to one fiscal year from the date of the last "ding."
Cancellation Disputes:
A Third-Party Delivery Provider may dispute any "dings" for cancellations by submitting a written request, provided the cancellation meets i-Haul’s criteria. The criteria are primarily focused on emergencies, such as a medical emergency, that prevented the provider from completing the transaction. Each dispute will be handled individually.
5. Risk and Insurance
Each Third-Party Delivery Provider is required to:
(i) own and/or lease their pickup truck or qualifying vehicle (“Vehicle”);
(ii) maintain all necessary licenses, permits, and authorizations to provide Delivery Services; and
(iii) carry automobile liability insurance that meets the minimum requirements for operating a private passenger vehicle in the area where the Third-Party Delivery Provider offers Delivery Services.
If a Third-Party Delivery Provider fails to meet or maintain these requirements, i-Haul will not be held responsible or liable for any claims, injuries, or damages arising from any Delivery Service.
You must notify the Third-Party Delivery Provider of any damage to the Authorized Cargo before loading and immediately upon unloading. Any Authorized Cargo damaged due to the negligence of the Third-Party Delivery Provider during transit may be reported to i-Haul for evaluation. i-Haul will assess the damage, interview the involved Third-Party Delivery Provider, and, at its sole discretion, facilitate or provide compensation for the repair or replacement of damaged items, up to a maximum of $2,500 per Delivery Service.
Any damage claims must be made as soon as possible, and no later than 24 hours after the Delivery Services. Claims should be emailed to i-haul@i-raysolutions.com.
6. Disclaimers; Limitation of Liability; Indemnity
YOU ACKNOWLEDGE AND AGREE THAT i-Haul SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, RELATED TO OR ARISING FROM THE SERVICES AND DELIVERY SERVICES.
YOU WAIVE AND RELEASE ANY RIGHTS YOU MAY HAVE TO SUE OR MAKE CLAIMS AGAINST i-Haul AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY ACTION OR INACTION BY A THIRD-PARTY DELIVERY PROVIDER.
6.1 Disclaimer.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." i-Haul DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, i-Haul MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR DELIVERY SERVICES, NOR DOES i-Haul GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. i-Haul DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR PERFORMANCE OF THIRD-PARTY DELIVERY PROVIDERS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER i-Haul NOR ITS REFERRAL PARTNERS WILL BE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY DELIVERY PROVIDER OR FOR ANY DELIVERY SERVICES PROVIDED BY SUCH PROVIDERS. NEITHER i-Haul NOR ITS REFERRAL PARTNERS WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY DELIVERY PROVIDER.
In the event of a dispute with one or more Third-Party Delivery Providers, you agree to release i-Haul (including its referral partners, and their respective officers, directors, employees, and agents) from any claims, demands, or damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes.
6.2 Limitation of Liability: i-Haul (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF i-Haul HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. i-Haul (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING FROM: (i) YOUR USE OF OR RELIANCE ON THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A THIRD-PARTY DELIVERY PROVIDER, EVEN IF i-Haul HAS BEEN ADVISED OF SUCH POSSIBILITIES. i-Haul (INCLUDING ITS REFERRAL PARTNERS) SHALL NOT BE LIABLE FOR DELAYS OR FAILURE TO PERFORM DUE TO CAUSES BEYOND i-Haul’S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL i-Haul’S OR ITS REFERRAL PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED TWO THOUSAND FIVE HUNDRED U.S. DOLLARS (US $2,500).
WHILE YOU MAY USE i-Haul’S SERVICES TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH THIRD-PARTY DELIVERY PROVIDERS, YOU AGREE THAT i-Haul ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DELIVERY SERVICES PROVIDED BY SUCH THIRD PARTIES, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. ANY BREACH OF THESE TERMS BY YOU WILL VOID ANY RESPONSIBILITY OR LIABILITY THAT i-Haul MAY OTHERWISE HAVE.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT AFFECT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW.
6.3 Indemnification: You agree to defend, indemnify, and hold i-Haul, along with its officers, directors, employees, agents, subsidiaries, affiliates, and referral partners, harmless from and against any and all claims, demands, losses, liabilities, lawsuits, judgments, damages (including consequential and punitive damages), personal injuries, costs, and expenses (including attorneys’ fees) arising from or related to: (i) your use of the Services or any services or goods obtained through the Services; (ii) your breach or violation of these Terms; (iii) i-Haul’s use of your User Content; (iv) your violation of the rights of any third party, including Third Party Delivery Providers; and/or any actions or omissions by Third Party Delivery Providers.
The limitations of liability and waiver provisions are essential components of the agreement between you and i-Haul. They shall apply to the maximum extent allowed by applicable law, and if any part of them is found to be void or unenforceable, that part will be removed, while the rest will remain in effect.
7. Governing Law; Venue and Jurisdiction; Waiver of Jury Trial
This agreement shall be governed by and interpreted in accordance with the laws of the state of Florida, with jurisdiction and venue residing in Collier County, Florida. In the event of a dispute, the prevailing party shall be entitled to recover all legal costs, including attorney's fees, incurred during the dispute.
8. Other Provisions
8.1 Notice. i-Haul may provide notice by posting a general notice on the Services, sending an email to the email address associated with your Account, or delivering written communication via first-class mail or prepaid post to the address listed in your Account. Such notice will be considered delivered 48 hours after mailing or posting (if sent by first-class mail or prepaid post) or 12 hours after sending (if sent by email).
8.2 General. You may not assign these Terms without i-Haul's prior written consent. i-Haul may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) a purchaser of i-Haul's equity, business, or assets; or (iii) a successor through merger. Any attempted assignment in violation of this section will be deemed void. This Agreement does not create a joint venture, partnership, employment, or agency relationship between you, i-Haul, or any Third-Party Delivery Provider. If any provision of these Terms is found to be invalid or unenforceable, that provision will be removed, and the remaining provisions will remain in full effect. i-Haul's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision unless explicitly acknowledged and agreed to by i-Haul in writing.
Privacy Policy
This app collects location data to provide real-time updates on the current location of the Mover during an active move, even if the app is closed or not in use, and to identify nearby moves.
Your privacy is of utmost importance to us. To ensure transparency, we have developed this policy to explain how we collect, use, disclose, and manage your personal information. Below is a summary of our privacy practices:
- We will clearly identify the purposes for which we are collecting personal information before or at the time of collection.
- Personal information will be collected and used solely for the purposes specified by us and for any other compatible purposes, unless we obtain your consent or are required to do so by law.
- We will retain personal information only for as long as necessary to fulfill those purposes.
- We will collect personal information through lawful and fair means, and where applicable, with your knowledge or consent.
- Personal data will be relevant, accurate, complete, and up-to-date to the extent necessary for its intended use.
- We will implement reasonable security measures to protect personal information from loss, theft, unauthorized access, disclosure, copying, use, or modification.
- Information about our policies and practices related to personal data management will be readily available to customers.
We are committed to upholding these principles to ensure that your personal information remains confidential and secure.