Terms of Service
Welcome to the Muves.com website (the “Website” or “Site”). We are pleased to offer You access to the Site and use of Our services conditioned on Your acceptance without modification of the following Terms of Service and additional terms incorporated by reference herein (collectively, these “Terms”). This Site is provided solely to assist customers in gathering moving information and transacting business with third party transportation service providers (“Affiliate Movers”, “They”, or “Affiliate Transportation Service Providers”), and for no other purposes (the “Service”). The terms “We,” “Us,” “Our” and “Muves” refer to Muves. The terms “User,” “You,” and “Your” refers to the customer visiting the Site and/or using the Service.
MUVES IS NOT A BROKER OF HOUSEHOLD GOODS. MUVES DOES NOT ARRANGE (OR OFFER TO ARRANGE) FOR THE TRANSPORTATION OF HOUSEHOLD GOODS. MUVE’S ROLE IS LIMITED TO PROVIDING AN ELECTRONIC PLATFORM ON WHICH AFFILIATE MOVERS AND USERS COME TOGETHER, AND A COMMON LANGUAGE FOR AFFILIATE MOVERS AND USERS TO SPEAK. NO BROKERAGE RELATIONSHIP OR ANY AGENCY OR FIDUCIARY RELATIONSHIP IS INTENDED TO BE OR SHALL BE DEEMED TO HAVE BEEN CREATED BETWEEN MUVES AND ANY AFFILIATE MOVERS AND/OR USERS.
Please read the following Terms of Service carefully, as the Terms of Service constitute a binding legal agreement between You and Muves. By registering for, accessing, and/or otherwise using the Site in any manner, You acknowledge that You have read, understood, and agree to be bound by the following Terms, including the guidelines (as defined below), and any future modifications, policies, and guidelines of the Site are incorporated by reference. If You do not agree to these Terms, please do not use the Service. We reserve the right, at Our sole discretion and at any time, to change or modify these Terms without prior notice, and Your continued access or use of this Site signifies Your acceptance of the updated or modified Terms. These Terms may not be modified, amended, and/or changed by You in any manner.
- Use of Website
As a condition of Your use of this Website, You warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will use this Website in accordance with these Terms of Service;
- You will only use this Website to make legitimate bookings for You or for another person for whom You are legally authorized to act;
- You will inform such other persons about the Terms of Service that apply to the reservations You have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by You on this Website is true, accurate, current and complete; and
- if You have a muves.com account, You will safeguard Your account information and will supervise and be completely responsible for any use of Your account by You and anyone other than You.
We retain the right at our sole discretion to deny access to anyone to this Website and the services We offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Services.
- Services Provided by Muves
Subject to Your compliance with these Terms, We grant You permission to access and use the Site and the Service. Muves offers You a platform where You can find and compare Affiliate Movers for Your moving needs. Based on the inputs that You enter into Our Website, Our proprietary technology will provide You with the hourly prices and other information necessary to book a move from Affiliate Movers, allowing You to choose the provider that best suits Your needs. Muves does not itself provide transportation or assume carrier, valuation or insurance obligations. There is no guarantee that the Affiliated Mover that You choose will be available or will accept Your request for their service. “Licensed” is purely for informational reasons and has no other guarantees tied to it, and means that the Affiliated Mover has an Active California Public Utilities Commission Moving License at the time of signing-up to the Site, per the CPUC Transportation Carrier Lookup site: https://apps.cpuc.ca.gov/apex/f?p=203:35:0::NO:RP::. “Insured” is purely for informational reasons and has no other guarantees tied to it, and means that the Affiliated Mover has the following minimum insurance limits at the time of signing-up to the Site: General liability of $500k bodily injury per incident / $250k per person & $100k property damage, and $20k cargo insurance, per the CPUC Transportation Carrier Lookup site: https://apps.cpuc.ca.gov/apex/f?p=203:35:0::NO:RP::. The “BBB Rating” is purely for informational reasons and has no other guarantees tied to it, and is from the Better Business Bureau, www.bbb.org website. Yelp Ratings and Yelp Reviews are purely for informational reasons and have no other guarantees tied to them, and are provided from www.yelp.com Once You choose an Affiliate Mover, Muves has no involvement or control over the actual transaction. You will enter into separate agreement(s) with the Affiliate Mover of Your choice regarding the actual moving terms; such agreements may include, but are not limited to, a Written Estimate, Order for Service, Bill of Lading, Consent for Electronic Document and Signatures, Agreement of Moving Services, Important Notice About your Move, etc. Although Muves will require all Affiliate Movers to agree to provide the requested services at the hourly prices listed on the Site, Muves cannot and will not have any control over the Affiliate Movers’ adherence to these or any other terms of service; therefore, in addition to the disclaimers hereinafter described, Muves makes no representations or warranties that the hourly prices will be honored or unaltered by Affiliate Movers.
- Affiliate Movers
Affiliate Movers agree to the following Terms and are legally bound to them. Upon joining Our Service, Affiliate Movers agree to provide all of the DBAs that They provide services under, as well as a point of contact name, email address, phone number, and office address. Muves has the right to check the California PUC Moving License database for your license(s), and display it (them) on Our website. We have the right to check and display the insurance coverages that you have based on the listing in the California PUC Moving License database. We have the right to display your reviews and ratings as listed on Yelp.com. We have the right to obtain and display ratings and reviews from customers that Affiliate Movers performs moves or other services for through our Site. We have the right to display the prices that you provide us, which can be changed at anytime that you choose. Affiliate Movers agree to the following services being included in the prices once they agree to accept a booking: Up to a 26′ box truck, furniture blankets, stretch wrap, tape, hand trucks, assembly, disassembly, $.60 per pound for lost or damaged articles, tip not included in price, and CA mandated Double Drive Time is added to the final bill. Also, there are no hidden charges or fees for the following: No mileage charges, no stair or elevator charges, no fuel surcharges, and no long carry charges. If a customer books an Affiliate Mover on Our Site, a representative of Muves and/or automated email will contact the Affiliate Mover to confirm the booking. Once the booking is confirmed, Muves will notify the customer that the Affiliate Mover will be contacting them to plan their move, with one of the first things being deciding how many guys are needed for the job, as this is not decided on the Muves Site. A booking from a customer does not guarantee anything. There are no monetary considerations from a booking on Our Site, and all bookings are subject to be changed or canceled. Affiliate Movers agree to apply the deposit fee listed on the Site to the final bill of the customer that They perform a move or other service for, and agree to allow Muves to keep the original deposit taken on the Site as a booking fee from the Affiliate Mover. Affiliate Movers agree that the customers are liable for the payment of any services that the Affiliate Movers provide, and waive any liability of payment from Muves. Affiliate Movers waive any and all cancellation fees against Muves and/or its customers. Finally, as further detailed in “Limitation of Liability and Damages” below, the Affiliate Movers hold any and all liability for planning and performing the move or other services for the customers that book on Our site, and release Muves of any liability. Muves is merely a platform for Users to find and compare Affiliate Mover; we do not make any other guarantees of service.
- Changes to the Terms of Service
Muves reserves the right, at its sole discretion, to make changes to or modify the Service and these Terms without notice. Your continued use or access of the Service and/or Site signifies acceptance of the updated or modified Service under these Terms. Muves may offer new products and/or services through the Site, which will also be subject to these Terms. You should visit the Site and review these Terms periodically to ensure You stay informed about the latest updates.
- Prohibited and Restricted Items
Unless the parties agree otherwise in writing, You agree not to use the Application, Website, and/or request the Services for the shipment of the following items (collectively, “Prohibited Property”):
Perishable Items, Alcoholic Beverages and Other Food Related Items
Frozen foods, open/unused foods, plants, produce, refrigerated foods, alcoholic beverages, cooking and cleaning liquids, living things, any commodities set forth in 49 U.S.C. § 13506(a)(6), and similar items to those set forth herein. etc.
Prohibited by Law
Any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials (i.e., drugs or drug paraphernalia, stolen items, illegal items, etc.)
Unsanitary or Unsafe Conditions
Personal property that is located in an environment or structure that does not meet cleanliness standards and/or poses a potential health risk (i.e., unfinished attics, hoarding scenarios, animal waste, flooded or recently flooded locations, etc.) or personal property that does not meet cleanliness standards and/or poses a potential health risk.
Common dangerous items include but are not limited to Weapons/firearms, gun safes, ammunition, explosives, flammable liquids (i.e., propane/gasoline or fuel tanks, paint), etc. You agree to empty all Gas-powered equipment or motorized vehicles prior to Your move.
Common oversized or extremely heavy items can include but are not limited to: musical equipment (pianos, organs), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc.
- Weight limitations: maximum of 300 lbs. per item
- Size limitations: Affiliate Movers may require that items exceeding clearance of hallways, stairways, or doorways be disassembled upon arrival.
In no event shall Muves or its Affiliate Movers be liable for loss of or damage to any Prohibited Property described in this Section regardless of whether an action is brought in tort, contract, or under any other theory.
- Additional Terms and Policies
The content and information on this Website (including, but not limited to, price and availability of Affiliated Movers), as well as the infrastructure used to provide such content and information, is proprietary to Us or Our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, You agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
- deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without Our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If Your booking or account shows signs of fraud, abuse or suspicious activity, Muves may cancel any bookings associated with Your name, email address or account, and close any associated Muves accounts. If You have conducted any fraudulent activity, Muves reserves the right to take any necessary legal action and You may be liable for monetary losses to Muves, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Muves Customer Service.
- Billing, Payments, and Fees
You authorize Muves to charge You directly for the deposit fee associated with the transportation provided by Affiliate Movers and to retain its fees through and from this transaction. The Affiliate Mover will apply the deposit fee to your final bill. Muves will charge Your account at the time of booking.
- Reversals, Chargebacks and Claims
You agree that You will not file a claim or Chargeback without first making a good faith effort to remedy the situation directly with Affiliate Movers and/or Muves. If You file a claim or a Chargeback, or if You are successful in the reversal of the payment, You agree to and authorize Your credit card company or debit or credit card issuing bank to allow Muves to retain or collect its fees. “Chargeback” means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
If You cancel Your move less than two (2) business days prior to the scheduled move date, You will forfeit the deposit that You accepted to pay at the time of booking. Otherwise, You will be fully refunded Your deposit at the time of booking.
- User Disagreements
Disagreements You may have with an Affiliate Mover over a transaction initiated through or related to the Services shall remain solely between You and the Affiliate Mover. Although Muves may attempt to mediate any disagreements between You and Affiliate Movers, Muves shall have no liability to You or to the Affiliate Mover for a failed or unsatisfactory transaction.
- Term and Termination
These Terms will remain effective until terminated as set forth here. Muves may terminate or suspend Your account and use of and access to the Service at its sole discretion, with or without cause, without notice or liability to You. You may terminate Your use of the Service at any time and for any reason or no reason by stopping all use of the Site and Service and deleting Your account profile on the Site.
- Waive Right to Written Estimate
You understand that under Section 14104 of Title 49 USC, You are entitled to receive a written estimate for transporting Your household goods shipment. You further understand that the Affiliate Movers must conduct a physical survey of the articles You intend to move and must provide the estimate of charges based on the physical survey. You also understand that You may waive Your right to the physical survey of Your goods. Understanding Your rights, by registering for, accessing, and/or otherwise Using this Site in any manner, You indicate Your desire to waiver Your right to receive an estimate based on a physical survey of Your shipment.
After completion of Your transaction, Muves will ask You for feedback on Your experience transacting with the Affiliate Movers. We will use this feedback to improve Our Service by allowing other customers to view Your comments to inform their selection process. You agree that Muves shall acquire, and You hereby grant and otherwise transfer, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Service You received through Muves, including the use of Your name or other identifying marks, and move details, without the payment of additional consideration.
- User Content
- Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MUVES MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RESULTS, OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. MUVES DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION, INCLUDING HOURLY PRICES, PROVIDED THROUGH THE RELEVANT SERVICE TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE RELEVANT SERVICE. THE SERVICE CONTAINS INFORMATION PROVIDED TO THE SITE BY AFFILIATE TRANSPORTATION SERVICE PROVIDERS. MUVES DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT SUCH INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. MUVES DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND BEARS NO RESPONSIBILITY FOR IT OR ITS USE. THE ACTUAL MOVING TRANSACTION IS SUBJECT TO TERMS BETWEEN YOU AND THE AFFILIATE MOVER ONLY AND MUVES ASSUMES NO RESPONSIBILITY OVER QUALITY, SAFETY, AND LEGALITY OF THE TRANSACTION BETWEEN YOU AND THE AFFILIATE MOVER. MUVES MAKES NO WARRANTIES AND PROVIDES NO ASSURANCES TO YOU UNDER THESE TERMS REGARDING THE COMPLETION OF A DELIVERY AND YOUR SATISFACTION WITH THE AFFILIATE MOVERS’ PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- Limitation of Liability and Damages
Muves has no control over the accuracy of the information provided by the Affiliate Movers to the Site (including that which is the basis of the hourly prices that We list), quality of the Affiliate Mover’s performance, or ability of an Affiliate Mover to provide the services for which You transact. Muves shall not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected, including, but not limited to, any Affiliate Movers’ refusal to honor hourly prices or their modification thereof. IN NO EVENT SHALL MUVES BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF MUVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER MUVES’ AFFILIATE MOVERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT IF MUVES IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING LIMITATIONS, MUVES’S MAXIMUM AGGREGATE LIABILITY TO YOU HEREUNDER, WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES OR CHARGES ASSESSED BY, PAID TO AND RETAINED BY MUVES BY YOU IN CONNECTION WITH THE REQUEST PURSUANT TO WHICH THE LIABILITY AROSE. Without limiting the foregoing, Muves shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Muves. By participating on the Site, Affiliate Movers represent that They have valid registration, insurance, and licensure and that They will comply with federal and/or local laws, as applicable. Muves does not verify, prequalify, or validate these claims of Affiliate Movers and hereby disclaims any liability to You due to the Affiliate Movers’ representations.
- Indemnification; Release
You agree to indemnify, defend, and hold Muves harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, Your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by You in these Terms. Muves reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Muves, and You agree to cooperate with Muves’s defense of these claims. Muves will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE MUVES FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT, SERVICE, DEAL, OR AFFILIATE TRANSPORTATION SERVICE PROVIDER, ANY ACTION OR INACTION BY AN AFFILIATE TRANSPORTATION SERVICE PROVIDER, INCLUDING AN AFFILIATE TRANSPORTATION SERVICE PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY OR HONOR THE TERMS OF ANY TRANSACTION, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE.
- Dispute Resolution and Arbitration
Any controversy between You and Muves arising under, or in relation to, this agreement or related to the Site and/or Service shall be settled by binding arbitration. Such arbitration shall be held in the City of Huntington Beach, in accordance with the laws of the State of California and the rules of the American Arbitration Association.
- Governing Law; Venue
These Terms: (i) will be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law; and (ii) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, You and Muves agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the District of California for the purpose of litigating all such claims or disputes.
This is the entire agreement between You and Muves relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Muves as set forth in Section III above. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent of the other. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, including by operation of law or otherwise, but may be assigned by Muves without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by Muves at any time to require performance of any provision of these Terms will in no manner affect Muves’s right at a later time to enforce the same. The services hereunder are offered by Muves, located at 5811 McFadden Ave, Huntington Beach, CA 92806, and any notices hereunder should be sent to this address; Muves may be contacted by email at info@Muves.com. Headings used herein are for reference purposes only, not for interpretation hereof.
- Contact Us
If You have questions about Our privacy practices or need assistance with exercising or understanding Your privacy choices, please contact Us at info@Muves.com.
Last updated: March 1, 2018