Welcome to the Hefty Haulers user agreement (terms of service) an application that is owned and operated by Hefty Haulers LLC., a Delaware corporation. This agreement is a legally binding agreement made between you (User, Driver, Helper) and Hefty Haulers LLC., (We, Us or Our). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and the use of the services constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and Hefty Haulers. These terms expressly supersede prior agreements or arrangements with you. Hefty Haulers may immediately terminate these terms or any services with respect to you or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
Hefty Haulers is willing to allow you to participate in using the Hefty Haulers platform, only upon the condition that you accept all the terms contained in this agreement. This is not an agreement that allows you to sell, license or own any part of the Hefty Haulers platform, but a permissive use contract. By signing up with or by using the Hefty Haulers platform, you indicate that you understand this agreement and accept all its terms. If you do not accept all the terms in this agreement, then Hefty Haulers is unwilling to allow you to participate in the Hefty Haulers platform.
Hefty Haulers is a mobile application platform that connects customers who need items moved from point A to point B, need items disposed of, or needs an extra set of hands with background checked drivers and Helpers who drive pick-up trucks, Cargo vans, Large SUV’s and Box trucks who can perform such labor. For the purposes of this agreement these services shall collectively be defined as “Services”. This agreement describes the terms and conditions that govern your use of, and participation in, the mobile application knowns as the Hefty Haulers platform.
Please read this agreement carefully before using the services. You must read, agree with and accept all the terms and conditions contained in this agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the services. By using any of the services, you become a participant in the Hefty Haulers platform and you agree to be bound by the terms and conditions of this agreement with respect to such services.
If you do not agree to be bound by the terms and conditions of this agreement, please do not use, access, or register for the services provided by the Hefty Haulers platform. We may amend this agreement at any time by changing the effective date located at the top of the terms and conditions screen.
Hefty Haulers does not provide transportation services, moving or hauling services, and Hefty Haulers is not a transportation carrier or a moving or hauling of freight carrier. The services rendered by the Hefty Hauler platform is solely to connect Driver and User’s desiring to move, or messenger to relocate items. It is up to the Driver or vehicle operator to decide whether or not to offer to transport the User’s item(s) as requested through the Hefty Haulers platform, and up to the User to decide whether or not to accept the service from any Driver contacted through the Hefty Haulers platform. Any decision by a User to offer or accept the services once such User is matched through, the Hefty Haulers platform is a decision made in such User’s sole discretion. Hefty Haulers offers a mobile application platform to match and connect Drivers and Users with each other, but does not intend to provide transportation services, moving services or act in any manner as a transportation carrier, moving carrier and has no responsibility or liability for any transportation services, moving services voluntarily provided to any User by any Driver using the Hefty Haulers platform.
THIS SERVICE IS NOT FOR INDIVIDUALS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY HEFTY HAULERS. IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the service, you affirm that you are at least 18 years of age.
Our services are available only to and may be used by individuals who can perform legally binding contracts under applicable law. By using the Hefty Haulers services, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this agreement. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Hefty Haulers for accessing the services. You are solely and fully responsible for all activities that occur under your password or account. Hefty Haulers has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you will change your password and contact us immediately.
Driver and Helper Expectations
- Driver must be 21 or Older
- Helpers must be 18 or Older
- Driver must own vehicle no older than 2001
- Helper must have own car unless riding with Driver
- Driver must always maintain a valid policy of liability insurance
- Driver and Helper must be able to lift at least 75lbs
- Driver will not allow User to sit, ride, or occupy vehicle as part of Hefty Haulers services
- Driver will agree to provide services in the vehicle that has been listed and photographed on the Hefty Haulers platform
- Driver or Helper will not discriminate or harass anyone based on race, nation origin, religion, gender, physical or mental disability, medical condition, marital status, age, or sexual orientation
- Driver is responsible for dumping any junk collected on the Hefty Haulers platform. Once driver has dumped the junk at the local dump, he/she can upload receipt and get a full refund of the cost
- Driver’s insurance policy shall be solely responsible and provide coverage for any and all claims and incidents, which results from or is alleged to result from the operation of the insured vehicle that such Driver used to transport, move, relocate, or the messengering of items of the Users, including, but not limited to personal injuries, death, and property damages
- In the event of any claim or a motor vehicle accident, Driver will be solely responsible for reporting said incident in compliance with the requirements of any applicable department of motor vehicles requirements or as required by User’s insurance company. Further, the Driver shall report any said incident, claim, or accident promptly with Driver’s insurance carrier
You are an independent contractor and Hefty Haulers is a technology company. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended by this agreement.
This agreement is effective upon use of the Hefty Haulers platform or the services for new users and upon the posting dates of any subsequent amendments to this agreement for all current Users. You may terminate your participation at any time, for any reason upon receipt by us of your written or e-mail notice of termination. Either you or we may terminate your participation in the Hefty Haulers platform by removing your information at any time for any reason, without explanation, effective upon sending written or e-mail notice to the other party. Upon such termination, we will remove all your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of service in the future, for any or no reason. Even after your participation on the Hefty Haulers platform is terminated, this agreement will remain in effect. Three low ratings for a Driver, Helper or User may also result in termination.
Your Personal Information
Your information is any information you provide, publish or display (post) to the Hefty Haulers platform, send to other Users in the registration process, any public message area (including, but not limited to the feedback section) or through any e-mail feature (your information). Your information will be stored on computers. You consent to us using your information to create a user account that will allow you to participate in the services. You are solely responsible for your interactions with other people in public, and we act only as a passive conduit for your online posting of your information. When you use the Hefty Haulers platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and update your information to keep accurate, current and complete. If You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this agreement and your use of services.
By accepting this agreement, a Driver agrees that we obtain information about the Driver, including without limitation the Driver’s driving record, proof of auto insurability, references, background information, criminal record and credit information. A Driver hereby authorizes us to perform a background check on the driver/Helper, and further agrees to provide any necessary authorization to facilitate our access to the Driver’s driving record, references and credit information during the term of the agreement.
I hereby acknowledge that I will be an independent contractor (and not an employee) of Hefty Haulers LLC. I hereby submit the attached W-9 form, pursuant to which I authorize Hefty Haulers LLC, to issue a 1099 statement for any payments made to me for my services.
E-mail and Text communications
E-mail communications and text messages sent from us or through us are designed to make your Hefty Haulers experience more efficient. By becoming a User and/or Driver, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation; message notification e-mails, e-mails or text messages informing you about potential available Drivers or Users and e-mails informing you of promotions we run and e-mails informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. Hefty Haulers reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications, please do not use the services.
Social Media and Networking Sites
As part of the functionality of the Hefty Haulers platform, you may be able to login through online accounts that you may have third-party providers. By providing your third-party account login information through the Hefty Haulers platform or allowing Hefty Haulers to access your third-party account, as is permitted under the applicable terms and conditions that govern use of each third-party account.
You represent that you are entitled to disclose your third-party account login information to Hefty Haulers and or grant access to your third-party account (including, but not limited to, for use for the purpose described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party and without obligating Hefty Haulers to pay any fees or making Hefty Haulers subject to any usage limitations imposed by such third-party service providers. By granting Hefty Haulers access to any third-party accounts, you understand that Hefty Haulers may access, make available and store (if applicable) any content that you have provided and stored in your third-party account (the “SNS content”), so that it is available on and through Hefty Haulers platform via your account, including without limitation, any friend, contacts or following/followed list, so Hefty Haulers may submit and receive additional information to your third-party account as indicated herein.
Unless otherwise specified in this agreement, all SNS content, if any, shall be your information and your content for purposes of this agreement, depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through the Hefty Haulers platform. Please note that if a third-party account or associated service becomes unavailable, or the Hefty Haulers platform’s access to such third party is terminated by the third-party service provider, then SNS content may no longer be available on and through the Hefty Haulers platform. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreements(s) with such third-party service providers. Hefty Haulers makes no effort to review any SNS content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Hefty Haulers is not responsible for any SNS content
Hefty Haulers maintains an insurance policy with an excess automobile liability insurance up to $50,000 per occurrence. The policy offers excess liability protection over a Driver’s existing insurance while such Driver is transporting the personal items of a User on a trip arranged through the Hefty Haulers Platform. The policy coverage is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Driver’s vehicle. As with any automobile insurance policy, additional insurance terms, requirements, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Driver(s) or User(s).
In addition, Hefty Haulers maintains as an excess policy of insurance, a policy that covers any damage to the cargo or items that may be moved, relocated or messaged as part of Hefty Haulers services. This policy is in excess of the Driver’s policy. As with any insurance policy, additional terms and requirements, limitations and exclusions apply.
This is an unofficial summary of Hefty Haulers master insurance policy and may not be always up-to-date. None of the statements in this section should be interpreted as binding or representation of any specific type, kind of limit of insurance coverage and are provided for quick reference only.
Hefty Haulers facilitates moves of personal items between customers and private Drivers using their own personal vehicles. Hefty Haulers is required to maintain an insurance policy providing a minimum of $50,000 per-incident coverage for incidents involving vehicles and Drivers while they are using the Hefty Haulers platform.
Hefty Haulers maintains limited liability insurance if the Driver’s vehicle and/or other cargo sustains any damage. The amount of said claim and the procedures to file/recover said claim are strictly limited.
You must provide credit card information to submit a request. You are responsible for paying the applicable services fee for any completed services. Once you submit a request, we will place a temporary hold on the credit card account you provided, but you will not be charged until the job is complete. Once you and the Driver have verified that the services are completed, the amount of the applicable service fee will be charged to you card. You agree to make all payments to the Driver through the Hefty Hauler platform and will not pay any Driver in cash or means other than directly through the Hefty Hauler platform. Tipping is optional, but if your Hefty Hauler has exceeded your expectations and you want to tip, you may do so in cash.
- Cancellation Fee – If the move is cancelled within three minutes of the request, there is no charge. Beyond that, there will be a 25% cancellation fee, so the driver can be compensated for his/her time
- Facilitation of payments – All charges, as applicable shall be facilitated through STRIPE Inc., Hefty Haulers third-party payment processing service
- Charges – All charges, as applicable are due immediately with the completion of any services. Hefty Haulers reserve the right to determine pricing
- Promotional Offers – Hefty Haulers at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers unless made to you, shall have no bearing whatsoever on your offer or contract
- Refunds – The full amount of the donation or charge, as applicable is charged immediately following completion of such election to the user’s authorized credit card and transferred to such Driver’s account. All payments are made non-refundable. This no refund policy shall always apply regardless of a user’s decision to terminate usage of Hefty Haulers, our decision to terminate a user’s usage, disruption caused to our services either planned, act of God, accidental or intentional, or any reason whatsoever
All intellectual property rights on the Hefty Hauler platform and the services therein shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Hefty Haulers platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Hefty Haulers platform or the services (“Submissions”), provided by you to us are non-confidential and shall become the sole property of Hefty Haulers. Hefty Haulers shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You will defend, indemnify, and hold Hefty Haulers and our officers, directors, employees, agents and any other third parties harmless for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of service, including; (a) your breach of this agreement or the documents it incorporates by reference; (b) Your violation of any laws or the rights of a third-party, including without limitation, Drivers, Users, other motorists, and pedestrians, as a result of your own interaction with such third-party; (c) any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; (d) Your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of services to users; (e) Any damages or losses incurred with respect to personal items that are being hauled; and/or; (f) Any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) You breach this agreement or the documents it incorporates by reference; (b) We are unable to verify or authenticate any information you provide to us; (c) We believe that your actions may cause financial loss or legal liability for you, our users or us, or subject Hefty Haulers or you or other users to regulation by any state or local government or regulatory agency; or (d) If we suspect that you have engaged in fraudulent activity in connection with the Hefty Haulers platform or the services.
Online content Disclaimers
Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the services or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the services. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content. The content that you post in the public areas of the services and in your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
The Hefty Haulers platform contains (or may be sent through the Hefty Haulers platform or the services) links to other websites (“Third-party sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-party sites (the “Third-party applications, Software or Content”). Such third-party sites and third-party applications, Software and Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party sites accessed through the Hefty Haulers platform or any third-party applications, software or content posted on, available through or installed from the Hefty Haulers platform, including the content accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third-party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third-party site or third-party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the Hefty Haulers platform and access the third-party sites or to use or install any third-party applications, software or content, you do so at your own risk and should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Hefty Haulers platform or relating to any applications you use or install from the Hefty Haulers platform.
Limitation of Liability
In no event will we, our subsidiaries, officers, directors, employees, shareholders or suppliers, be liable to you for any incidental, consequential, direct or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or the cost of procurement of substitute services) arising out of or in connection with Hefty Haulers, our services or this agreement (however arising, including negligence) even if or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Hefty Haulers or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of Hefty Haulers or the services, or introduced to you via Heft Haulers or the services. Such damages include, without limitation, physical damages, bodily injury, death, and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, shareholders and suppliers, to you or any third-parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you, you may have additional rights.
Hefty Haulers has no responsibility whatsoever for the actions or conduct of any User or Driver. Hefty Haulers has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Users or third-parties. Responsibility for the decisions you make regarding providing or accepting of the Driver or User or in the moving, relocation, or messaging of the Users items rest solely with you. It is each Drivers responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of services. Hefty Haulers may but has no responsibility to screen or otherwise evaluate potential Driver’s or User’s. Users understand and accept that Hefty Haulers has no control over the identity or actions of the User’s and Driver’s, and Hefty Haulers request that exercise caution and good judgement when using the services. Driver’s and User’s use the service at their own risk.
To resolve a complaint regarding the service, you should contact our customer service department by e-mail at email@example.com