Last Modified: 9/23/2024

1 TERMS

The following terms of service (the “Terms”, "Terms of Service") constitute a legally binding agreement between you (also referred to below as “User”, “Client”, “Customer”, etc.) and VEGAS-MOVING, Inc. (“Vegas-Moving”). These Terms govern your access to and/or use of (i) Vegas-Moving’s Platforms, including without limitation its website at https://www.vegas-moving.com/. These Terms also govern any services that you may receive through the Vegas-Moving Platforms, including, but not limited to, any services that you may receive from Vegas-Moving, its subsidiaries, or affiliates, providers ("crew", "crew members"), or Authorized Third Party Providers ("Third Party Providers").

1.1 Accepting these Terms

**Please read and review these Terms carefully before accessing or using any of the Vegas-Moving Platforms, including, but not limited to, before placing a request for any services, booking any services, authorizing the start of service when crew arrives, or paying for any services with Vegas-Moving for loading, unloading, handyman services, moving services, cleaning services, and/or any other services that Vegas-Moving might offer through the Vegas-Moving Platforms (collectively, the “Services”). ** By accessing or using the Vegas-Moving Platforms, including, without limitation, by placing a request for booking, or making any payment for any service online or using a phone, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, provisions that limit Vegas-Moving’s liability. If you don’t fully agree to all of these Terms, you should not use the Vegas-Moving Platforms or receive any Services.

1.2 Edits and Modifications to the Terms

Vegas-Moving reserves the right to edit these Terms at any time. If Vegas-Moving makes any modifications to the Terms, Vegas-Moving will notify you by updating the “Last Modified” date at the very top of this document. You must always review these Terms before placing any order for Services, or requesting an appointment reservation, or making a payment for a deposit or any other payments, including, but not limited to, payments for services, products, deposits, etc.

Unless Vegas-Moving notifies you otherwise, whenever Vegas-Moving changes these Terms, they will be effective when the edited Terms are posted online. If you continue to use any Vegas-Moving Platform after the edited Terms have been uploaded, including, but not limited to, by placing an order for Services with Vegas-Moving, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms. In the event that you have placed an order for Services prior to the effective date of a change to these Terms, your order will be bound by the Terms in effect on the date that you placed an order for Services.

2 Ordering Services

In order to order Services, you must be at least 18 years of age and must provide Vegas-Moving with your full name (must match ID), a valid e-mail address and phone number, and a valid credit or debit card. There is no obligation to pay anything when you submit a booking request. Vegas-Moving has the right to request a deposit after you make a request for booking. You authorize Vegas-Moving to charge your card immediately after you submit payment for a deposit and then charge the remaining balance, if any, immediately after you receive Services. You will be required to provide your credit or debit card's information every time you wish to use this payment method. Please consult the Vegas-Moving team for more information about company policies regarding deposits, charges, and holds.

2.1 Service Terms

State approved identification is required to authorize the services when the crew arrives at your location. Failure to provide ID document, such as Passport, Driver’s License, DoD ID or Non-Driver ID Card, will be treated as if customer didn’t show up for the service. The client or his representative must be present during the service and final “walk-throughs”. During completion we must relinquish possession of your items and complete the services contemplated hereunder upon receipt of payment. Every completed portion of the service must be payed for the same date it was completed, unless deposit for that portion of work was received by Vegas-Moving. The client is responsible for financing all the materials in quantities that are required in order to successfully complete the project. The following materials will be included in your service without any additional charge, but must be returned to the company upon completion: protective blankets, tools, hand-trucks and dollies. NON-REUSABLE SUPPLIES WHICH COST AN ADDITIONAL FEE: Boxes, stretch wrap, mattress covers, packing paper, tape, fuel, and any of the complimentary items mentioned above which need to be replaced as a result of the use of such items during your service. DISCLAIMER: all furniture and decorations as well as any items that can’t be packed in boxes must be wrapped in blankets and/or stretch-wrapped. All items that are less than 2 (two) cubic feet in volume must be packed in boxes. It is also your sole responsibility to properly pack any fragile items such as glass, mirrors, lamps, or electrical devices before they are loaded, or we may do that for you for an additional charge. The client allows VEGAS-MOVING, LLC, it’s crews and representatives to record videos and take pictures of client’s belongings and premises for condition records and marketing purposes. VEGAS-MOVING may upload those pictures and videos on it’s social media platforms and website without notice and would have a full ownership of all content.

2.2 User Representations Compliance with Applicable Laws

By using the Vegas-Moving Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in the United States or any of its territories; (3) you own or have legal possession to any and all property to be moved or shipped under this agreement, if applicable; (4) **you have carefully read and understand these Terms; (5) to the extent you are requesting moving related services, you have been advised that you should consider obtaining a Third Party Insurance to protect you from loss or damage to your personal property items;** and (6) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the Vegas-Moving Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.

By using the Vegas-Moving Platforms and/or requesting Services, you agree that (1) you will use the Vegas-Moving Platforms and/or request Services only for lawful purposes; (2) you will not use the Vegas-Moving Platforms and/or request Services for sending or storing any illegal material or for fraudulent purposes; (3) you will never use the Vegas-Moving Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm Vegas-Moving or the Vegas-Moving Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute the Vegas-Moving Platforms or other content without written permission from Vegas-Moving; (7) you will only use the Vegas-Moving Platforms and/or request Services for your own use and, if applicable, will not resell your order for Services to a third party; and (8) you will provide Vegas-Moving and/or the Third Party Providers with whatever proof of identity they may reasonably request.

3 Pricing

When placing an order for Services, you may be eligible for either prorated hourly pricing or fixed pricing. The type of pricing applicable to your order will be communicated to you during booking. Vegas-Moving only accepts cash and debit/credit card payments. A 2.9% processing fee apply for all types of payments. Free materials and tools used during service and returned back after service: protective blankets, tools, hand-trucks, dollies.  All costs can be found during booking stage. Additional charges such as Tolls, Parking, and any fines given to the service crew due to the client will be included in the total bill with no exceptions. “Fuel Surcharge” is mandatory for all jobs that require driving between 2 (two) or more locations. Calculated by the total driving distance between all project addresses, including all stops requested by the client.

3.1 Prorated hourly pricing means that you will receive a quoted hourly rate, and you will be responsible for paying for all time worked at the quoted hourly rate. Labor time starts immediately when the crew arrives to the service location and ends when the service crew finishes the final portion of your project(s). Service hours run continuously up until full completion. Time will be calculated in 30 min increments and will round to the closest 30 minutes increment. Prorated hourly pricing is subject to a 2 hour minimum charge and a Travel time charge that is billed in addition to the labor time. Fuel is an additional charge and is mandatory for all jobs. All of our services have a minimum of 30 (thirty) minutes of travel time except subscription-based services. If the service crew has to travel to multiple destinations, additional 30 (thirty) minutes of travel time will be added. The true total cost of your project shall be based on the total number of hours it will take to complete the job, combined with the cost of any additional services requested by you, and any of the additional supplies designated below, which are not included in the labor. Additional services not included in the hourly price may include but shall not be limited to: vehicle use (driving between locations), fuel surcharge, heavy item fee, additional labor. Additional labor time may be added to your hourly billing total as a result of the following encountered when performing the services contemplated hereunder: staircases, elevators, hoisting, narrow hallways, long walking distances, moving of heavy objects, furniture assembly/disassembly, loading and unloading, not having immediate access to premises where work is performed, traffic, inclement weather (high heat, rain, flood, snow, high winds, etc). Please consult Vegas-Moving customer service representative for more information about applicable minimums on hourly pricing. When booking a prorated hourly move, you may receive an estimate of fees and costs. This is not a formal estimate but is an estimate of the total fees and costs that may be charged if you use the entire amount of time that you reserve. Your total charges may be higher or lower than the estimated total during booking. The length of your move, and your total costs, will depend upon the circumstances of your move, including, but not limited to, the move location(s), the type and amount of property to be moved, your move readiness. Providing an accurate and detailed inventory list to Vegas-Moving in advance of the service is necessary to ensure that enough time is reserved for your move and to provide a reasonably accurate estimate of final fees and costs.

3.2 Fixed pricing means that the price you are quoted is the price that you will pay for your move, regardless of the length of the move. This is sometimes referred to as a “binding estimate.” Fixed pricing is, however, subject to a price revision if the information you provide to Vegas-Moving is determined on move day to have been incomplete or inaccurate. Stated differently, a binding estimate must accurately describe the requirements, including all of your property, the state of your property (and your move readiness), the location(s) for the service (and material details regarding the location(s)), and all requested services necessary to complete the project. If the circumstances of the project are determined to be different than as described during booking, you may be required to sign a revised agreement with adjusted fixed pricing. In the event that you do not agree to a revision, your project may not be able to be completed or may be canceled.

Any quoted rate may change until you place an order for Services. All quotes are subject to change based on availability and other factors, such as demand and location.

Please note that the number of providers (crew members) assigned to, or that perform, your project may differ from the number listed on any quote or estimate. In the event that a different number of providers is assigned to or performs your move and you have agreed to prorated hourly pricing, then, your quoted rate will be updated based on the number of Third Party Providers that actually perform your move.

3.3 Payment

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

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

In addition, as an alternative, if delivery of a shipment is refused by you at the shipping destination, or if you or your authorized representative fails to receive or claim the property shipped within fifteen (15) days after written notice by United States mail addressed to you at your shipping or destination address, or if you fail or refuse to pay applicable charges in accordance with these Terms or any applicable tariff, Vegas-Moving may sell the shipped property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by Vegas-Moving, thirty (30) days notice of which sale shall have been given in writing to you. The proceeds of any sale shall be applied toward payment of charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for, and maintaining property prior to sale, and the balance, if any, shall be paid to owner of property;

4 Canceling an Order or Discontinuing Services

You may change or cancel an order for Services at any time, including changing the reservation date and/or shipping or destination locations. However, modifications to an order may be subject to an increase or change in pricing, depending on availability and other factors submitted by you. Such changes may also be subject to an additional modification or cancellation fee. Any and all changes to an order will continue to be governed by these Terms, and you understand and agree to such Terms by placing a change or cancellation request. To place a change or cancellation request you must speak to the service crew and they will complete a written request, request from the crew (provider) in writing is required. The client must pay for the service time from the very start up until cancellation and for any other related expenses, that may include but shall not be limited to: vehicle use fee, fuel surcharge, additional labor, additional travel time, storage costs. If customer wishes to stop the service, additional hours needed to relinquish client’s possessions will be added to total costs and billed to the client. If client does not behave in an appropriate manner (insults the crew, tries to force, refuses to pay etc.), we have the right to stop assisting the client immediately and leave client’s belongings or transport them to a secure storage location of our choice. In such case, you will be obligated to pay for all additional labor time needed to relinquish your possessions and/or transport and unload your possessions at the storage location of our choice and any associated storage costs.

5 Deposits, deposit refunds, rescheduling

Vegas-Moving may request a deposit in order to confirm your appointment. The deposit is fully refundable until 24 hours before the initial appointment and isn’t refundable after that time mark. Vegas-Moving offers free rescheduling until 4 hours before any appointment. We will apply the entire deposit towards the total amount owed by you upon completion of your project. In case of customer not showing up on time or canceling the project after 24 hours before the initial appointment or requesting rescheduling after 4 hours before any appointment, initial or rescheduled, we have the right to not refund any deposits, although we may choose to do so. Also at any moment during the service, we reserve the right to stop the job and request for a deposit. These types of “on-site” deposits are calculated with regards to the entire job, including materials, and other extras. If the collected sum is more than the actual cost of services, at the very end, the amount will be recalculated with accordance to actual work performed, and the difference will be reimbursed.

5.1 Reservation Changes

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

6 Network Access and Devices

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

6.1 Text Messaging, E-Mails, and Phone Calls

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

7 Refusal of Service

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

*Evictions*

Vegas-Moving may cancel an order for Services if you, or someone else at the location to be serviced, is being, is in the process of being, or has been evicted.

*Prohibited Property*

Vegas-Moving and/or the Third Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in Vegas-Moving and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved is prohibited by these Terms, including property explicitly prohibited under Section 8 hereof.

*Dangerous, Hazardous, or Unsanitary Conditions*

If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, in Vegas-Moving or the Third Party Providers’ sole discretion, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.).

*Inclement Weather*

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

*Access to property*

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

*Narrow Doorways, Hallways, or Stairs*

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

*Insufficient Moving Space*

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

Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.

8 VEGAS-MOVING’S DAMAGE PROTECTION POLICY

Vegas-Moving will agree to provide you with the voluntary damage protection set forth below if you timely file a claim with Vegas-Moving (the “Damage Protection Policy”). Vegas-Moving will not provide you with any other property damage protection other than as set forth below, and by placing an order with Vegas-Moving, you understand and agree that you will not be entitled to recover from Vegas-Moving for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Vegas-Moving’s Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with Vegas-Moving or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.

Note that you would be no longer eligible for Vegas-Moving's Damage Protection Policy claims if you decide to file a claim with any other coverage/insurance policy that isn’t provided by Vegas-Moving. In other words, Damage Protection Policy provided by Vegas-Moving can’t be used with any other third party policy, that you may choose to obtain. By choosing to pursue a claim under the Damage Protection Policy, you hereby waive and release Vegas-Moving and/or the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services and agree that the maximum liability for any damages to your personal or real property shall be as set forth herein.

In addition, in order to access and use the Vegas-Moving Platforms, you agree that Vegas-Moving and Third Party Provider shall not be liable to you for any damages in excess of the damages to which you would be entitled under the Damage Protection Policy below, unless otherwise provided herein or set forth in a separate written agreement between you and Vegas-Moving. It is expressly acknowledged and agreed that Vegas-Moving and the Third Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.5) of these Terms. Notwithstanding the foregoing, the Recovery Rate (defined below) and the $2,000 limitation on liability (described below) shall not apply to a claim by you against a Driver (defined below) for damages caused to your personal property as a result of a motor vehicle accident, provided that such damages shall not exceed the limits of any applicable cargo or contingent cargo insurance policy. Such limitations shall, however, apply to any such claim by you against Vegas-Moving, or its subsidiaries, affiliates, Third Party Providers.

8.1 Damages To Personal Property

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

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

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

8.2 Damages To Real and Certain Other Related Property

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

*Damages to Wood Floors*

In the event that wood floors are damaged, you agree that Vegas-Moving or Third Party Providers should not be held liable for such damages, although Vegas-Moving might offer a free or a low-cost repair or replace the local area damaged. In such case, Vegas-Moving will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-Services finish. In addition, Vegas-Moving will only offer the reasonable market rate, in its sole discretion, for repair of the local area damaged.

Notwithstanding the foregoing, Vegas-Moving will not pay for any minor nicks or scratches or dents to wood flooring that, in Vegas-Moving’s sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, prior to receiving any Services. You should also ensure that any furniture that you need moved is placed on sliders or that sliders are made available to the Lumpers.

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

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

*Damages to Mailboxes*

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

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

8.3 Filing Claims For Damages

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

To file a claim for damages under Vegas-Moving’s Damage Protection Policy, you must contact the Vegas-Moving Team. You may contact the Vegas-Moving Team by submitting a request to contact@vegas-moving.com or by requesting to speak with the Vegas-Moving Team at 702-363-3836. The Vegas-Moving Team will provide you with a damage claim form that you must complete and submit with all relevant documentation within the Claim Limitations Period.

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

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

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

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

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

*Pre-Existing Damages*

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

*Minor Damages*

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

*Particleboard Furniture*

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

*Natural Materials*

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

*Completed Repairs*

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

*Certain Electronics and Appliances*

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

*Oversized and Extremely Heavy Items*

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

*Non-Inventoried Items*

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

*Reassembled Items*

If you request reassembly of any of your personal property by any Laborer or other Third Party Provider, Vegas-Moving will not be liable for any damages that may arise as a result of the assembly, attempted assembly, or failed assembly of such items, including, but not limited to, items containing particleboard, chip-core, or pressboard.

*Installations*

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

*Prohibited Items*

Vegas-Moving will not be liable for any damages to personal property that Lumpers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include, but are not limited to: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), corrosives, car batteries, bleach, flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), air bags, perishables (frozen food, plants, produce, refrigerated food, etc.), soil fertilizers, contraband or other items prohibited by federal or state law (illegal drugs, etc.), marijuana (medical or otherwise), hemp/CBD, stolen property, and other property which you do not have a lawful right to possess, liquid mercury, live and dead animals and/or plants, jewelry, cash, important paintings and documents.

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*Evictions*

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

*Fraudulent Misrepresentations of Weight*

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

*Packing by You or Your Agents*

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

*Exclusions for Packing Services*

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

*Items of Extraordinary Value and Certain Other Valuable Items*

The following valuable items are excluded from the Damage Protection Policy: (i) cash, checks, deeds, bills, negotiable instruments, or other valuable documents; (ii) coins, credit cards, postage stamps, and trading stamps; (iii) jewelry, precious stones, or articles manufactured therefrom; (iv) fire arms; (v) perishable goods; (vi) prescriptions; (vii) medical devices; and (viii) extraordinary items (handmade items, items of sentimental value, antiques, etc).

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

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

*Consequential or Incidental Damages*

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

*Acts of God and Other Similar Circumstances*

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

8.5 Personal Injuries; Participation by You in Moving

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

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

8.6 Disputed Claims

If you dispute the handling of your claim for damages, including, but not limited to, any proposed claim settlement, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution contained in Section 10 (and its subparts) below and that you must abide by the procedures discussed therein. If you desire to file a claim for dispute resolution, you must commence such claim within one (1) month of the filing of your initial claim.

9 Limitation of Liability

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

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

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

9.1 Indemnity

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

This obligation and any other indemnification obligation set forth in these Terms will survive the termination of these Terms and/or your use of the Vegas-Moving Platforms.

10 Dispute Resolution

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

The Federal Motor Carrier Safety Administration (FMCSA) regulates interstate household goods movers. Household goods movers who engage in interstate transportation of household goods must comply with the arbitration requirements contained in 49 CFR 375.211.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof (including any monetary disputes or declaratory relief actions) will be settled by arbitration administered by Ejudicate, Inc. d/b/a BRIEF (“BRIEF”) in accordance with Brief’s then published rules, [EDT-A3C] E-Judge selection procedures, discovery restrictions, document and evidentiary review, and live-hearing conditions found at www.thinkbrief.com. The parties to this Agreement agree that hearings and live testimony are limited and will be initiated solely at the discretion of the Arbitrator and that the Arbitrator may, at his or her sole discretion, make a ruling based solely on the evidence, documents and written testimony submitted by the parties.

The arbitrator shall be chosen in accordance with the procedures of Brief. The arbitrator shall base the award on applicable law of the Chosen State of NEVADA.

The Brief. arbitrator’s decision is final and binding on the parties and judgment may be entered thereon. Judgment on the award rendered by the arbitrator may be entered in any court that has proper jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorney fees and costs for having to compel arbitration or defend or enforce the award.

The arbitrator shall award attorneys’ fees and expenses to the Party which is required to receive payment from the other Party pursuant to the award resulting from this arbitration.

TO INITIATE A CLAIM/DISPUTE: In the event that a dispute arises and the parties are not able to resolve the dispute between themselves, either party may initial a dispute by visiting https://www.resolve-dispute.co/ to register and to start an arbitration claim.

11 Privacy Policy

For information about how Vegas-Moving collects, uses, and shares your information and information about other Users of the Vegas-Moving Platforms, please see our Privacy Policy at https://www.vegas-moving.com/privacy.

12 Complete Agreement

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

13 Contact Information

If you have any questions, complaints, comments, or concerns about the Vegas-Moving Platforms or the Services, please contact Vegas-Moving at:

Vegas-Moving, Inc.

7618 N Decatur Blvd

Las Vegas, NV 89131

Email: contact@vegas-moving.com

Call/Text: 702 363 3836