EFFECTIVE JULY 25, 2023
TERMS AND CONDITIONS
You acknowledge and agree to the following terms and conditions when You use the Moving Help MarketPlace (these “Terms”). Your and Our responsibilities are specific and limited to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms which are those terms, conditions and definitions expressly set out below
1. Arbitration Agreement
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS INCLUDE THE U-HAUL ARBITRATION AGREEMENT, AVAILABLE AT APPENDIX “A” TO THESE TERMS AND AT HTTPS://WWW.UHAUL.COM/LEGAL/ARBITRATION, THAT GOVERNS ANY DISPUTES BETWEEN YOU AND EMOVE, INC. THIS ARBITRATION AGREEMENT WILL:
• ELIMINATE YOUR RIGHT TO A JURY TRIAL; AND
• SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION OR CONSOLIDATED PROCEEDINGS.
2. Definitions. The following is a non-exhaustive list of definitions that shall apply to the use of this website; other definitions are included throughout the text:
a. “You”, “Your”, “User” - an individual, or an individual for and on behalf of a corporate entity or organization, that desires to obtain certain services, such as moving help services;
b. “Moving Help®”, “Service Provider” or “Mover” – an independent individual or corporate entity or organization, that desires to provide services, such as moving help services and others, to the consuming public.;
c. “We”, “Us”, “Our” or “eMove” - eMove, Inc., a Nevada Corporation with principal place of business in Phoenix, Arizona;
d. “Services” - Moving Help® services or other services provided by a Moving Help®;“Moving Help® MarketPlace” or “MarketPlace” or “web site”- Our website located at movinghelp.com;
e. “Moving Help® Request” or “Request” or “Place Order” - Your offer to enter into a transaction for the Services;
3. Acknowledgement, Common Sense and Good Judgment.
You acknowledge that We give You access to the Marketplace free of charge. You acknowledge and agree that We give You the ability to search for a Moving Help® Service Provider and its Services on the MarketPlace free of charge. You agree to use common sense and good judgment when using the Moving Help® MarketPlace and when choosing a Moving Help® Service Provider and its Services.
4. Qualification for Use of the MarketPlace.
In order to qualify to use this MarketPlace, You must be and You acknowledge that You are an individual whom can enter into a legally binding contract under applicable law. In compliance with the Child Online Privacy Protection Act, this web site is not intended or provided for use by minors.
Please read the following six (6) sections very carefully.
5. eMove operates the Marketplace. The MarketPlace is a Neutral Venue and Online Clearinghouse: This web site functions solely as a neutral venue and online clearinghouse to connect You and the various Moving Help®. We do not endorse any Services or Moving Help®. We specifically disclaim any and all explicit or implicit endorsements or recommendations for any Services or Moving Help®. We are not involved in any manner with the provision of the Services by the Moving Help®. Furthermore, the Moving Help®(s) do not work for Us. You acknowledge and agree that the Moving Help®(s) are not Our employees, agents, representatives or independent contractors. You acknowledge and agree that We do not do any type of background checks of a Moving Help® nor do we do inquiries into the work history, criminal history or character history of a Moving Help® nor do we do inquiries into whether a Moving Help® has any or all applicable licensure, insurance(s) or permits that may be necessary to perform the Services. Therefore, You acknowledge and agree that We cannot guarantee nor do We have control over the quality, accuracy, standard of Service, safety or legality of the Services provided by the Moving Help® or of the Moving Help® itself. You acknowledge and agree that We only operate a web site. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the Services and the Moving Help® are not provided by Us and are specifically and solely between You and the Moving Help®.
6. Transaction for Services.
By clicking “Place Order”, You acknowledge and agree that You have submitted a Moving Help Request and that this is Your effective offer to enter into a transaction for the Services with that Moving Help®.
Customer acknowledges that a Moving Help®’s quoted rates are based on the specific address provided. If a quote is provided based on generic location information (eg. “Phoenix, AZ”), the quoted rate may change upon providing a specific address. Customer further agrees that upon providing an updated specific address, the Moving Help® may:
• 1. Agree to perform the work at the initial quoted rate; or
• 2. Request You rebook with the correct information to receive an updated quote; or
• 3. Cancel the job based on the updated information.
Customer may also cancel the job upon receiving the new rate after providing updated address information. Customer agrees that eMove shall not be responsible for any change in rate based on the change in specific address provided at any time after the initial quote. Customer agrees that once the Payment Code is entered, the work is acknowledged to be completed at the quoted rate agreed to. Customer agrees that any issues after the Payment Code is entered, are between You and the Moving Help® and that eMove has no responsibilities to the parties.
7. Payment for Services.
By clicking “Place Order”, You acknowledge and agree that You have authorized payments for the total amounts of the Services and the Refundable Order Handling Fee and that You have authorized Us to charge the total amounts for the same against Your credit or debit card. Furthermore, by clicking “Place Order”, You acknowledge and agree that You have requested a Payment Code in order to complete the transaction for any provided Services.
You acknowledge that we are not a financial institution and that we do not provide financial services. You acknowledge that We act only as a facilitator for the process that helps You pay the Moving Help® for any provided Services. Furthermore, You acknowledge that We do not establish an account, escrow or otherwise, for Your payments and We do not act as a trustee, fiduciary or escrow with respect to Your payments.
You agree to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information. We cannot guarantee the ability of You to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm Your identity or ability to pay for the provided Services.
Upon the completion of, and your satisfaction with, the Services, You agree that You will complete the transaction with the Moving Help® by presenting the Payment Code to the Moving Help®. You agree and acknowledge that Your presentation of the Payment Code to the Moving Help® is Your payment to the Moving Help® and Your authorization for the release of any and all authorized payments for the Services. You agree that You are responsible for any and all payments owed to the Moving Help®. You agree that You are not entitled to a refund from Us for any Services that are completed in less time than that amount of time set forth in your Request.
You acknowledge that if You do not give the Payment Code to the Moving Help® or if Your accepted Order for Services is not cancelled within one hundred twenty (120) days after that date the Services were to be provided to You, You agree that We should assume and that We will assume that the Services were rendered to You and therefore You direct Us to release Your payment to the Moving Help®.
8. Refundable Order Handling Fee.
A $5.95 Refundable Order Handling Fee is added as a separate charge along with the final total amount for Services as set forth in a Moving Help Request.
Please note that this Fee is fully refundable but You agree that it is Non-Refundable if:
a. You do not complete a review of the Moving Help®(s) within sixty (60) days from the date the Moving Help® enters the Payment Code or within sixty(60) days from the date that a Moving Help®, after acceptance of a Moving Help Request, fails to perform the Services or fails to perform the Services to your satisfaction, or within sixty (60) days of that date that Your cancellation of a Moving Help Request (whether accepted or not) was processed;
9. Your Review of Moving Help® Service Provider.
You acknowledge that You, as the Customer for the Services provided by the Moving Help®, have the ability to control and make others aware of, by means of commentary and feedback on the MarketPlace, the quality (or lack thereof) of Moving Help®s and/or their Services on the MarketPlace. You agree that this ability is critical for Your future MarketPlace decision making and for the future MarketPlace decision making of other Customers.
You acknowledge that your ability to review a Moving Help® is waived if not made within sixty (60) days from the date the Moving Help® enters the payment code or within sixty (60) days of that date that Your cancellation of a Moving Help Request (whether accepted or not) was processed.
You expressly grant Us the irrevocable, perpetual, worldwide and royalty free right to use Your Moving Help® review (including your first name and the first letter of your last name) for our advertising and marketing purposes in any manner and in any media that We so choose whether now known or hereafter devised. Furthermore, You agree that You will not allow Your Moving Help® review to be used by a Moving Help® for their own advertising and marketing on their own websites and materials as such use is outside of the purpose of this provision and the MarketPlace. Finally, You agree that You do not have the right to remove or edit Your Moving Help® review.
10. Disputes with Moving Help® Service Provider and Your Release/Waiver of Liability.
Because we only operate a web site and do not provide any of the Services (as already explained above), We are not responsible for resolving any disputes between You and the Moving Help® regarding the Services or the Moving Help®. You agree that all of these types of disputes must be resolved between You and the Moving Help®.
Furthermore, the Moving Help request and its acceptance and if applicable, any resulting provision of Services, are solely between You and the Moving Help®. Therefore, when and where there are any claims, demands, liabilities, damages or losses incurred as a result of the same, You, your heirs, successors and assigns, do hereby waive and release Us (Our officers, directors, agents, parent, subsidiaries, affiliated companies and employees) from any such claims, demands, liabilities, damages or losses.
You acknowledge and agree that both You and the Moving Help® each have the right to pursue a claim against one another in a Court of competent jurisdiction or in another similar forum of dispute resolution.
11. A Moving Help® Service Provider Disclosure/Use of Your Personally Identifiable Information.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY Moving Help® NOR ARE WE RESPONSIBLE FOR THE ACTIONS THAT ANY Moving Help® MAY TAKE WITH REGARD TO YOUR PRIVACY OR YOUR PERSONALLY IDENTIFIABLE INFORMATION.
12. Modification of These Terms.
At anytime and in Our sole discretion, We may modify these Terms. The modified terms and conditions shall take effect immediately after posting on Our website. These Terms may not be modified, amended and/or changed by You in any manner unless agreed to in writing by an Officer of eMove. Furthermore, We may modify or discontinue this web site at anytime.
13. Other Terms and Conditions.
You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for Your use of the MarketPlace at various places throughout the Moving Help MarketPlace. You agree that those additional terms and conditions shall be considered an effective amendment to these Terms and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
14. Protection of Intellectual Property Content.
This MarketPlace contains trademarks, service marks, copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Our sole property and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of this web site including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that Your use of this web site does not confer upon You any license or permission to use Our (or any third party’s) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
Furthermore, You shall not reproduce, translate, copy, enhance, add to, modify, or reverse engineer or de-compile any software or software platform or other data processing program(s) upon which this MarketPlace operates or is based.
15. Copyright Infringement Policy.
Pursuant to 17 United States Code 512©(2) (“Digital Millennium Copyright Act of 1998”), Our designated agent for notice of alleged copyright infringement appearing on Our MarketPlace is:
2727 N. Central Ave.
Phoenix, Arizona 85004
Phone: (602) 263-6811
Fax : (602) 277-5812
You need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 to file a notice of infringement. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/.
16. Third Party Links.
This MarketPlace may provide links to third party web sites. We specifically disclaim any representation or warranty regarding the products, services, content, accuracy, reliability and function of any third party web site. You agree and acknowledge that We have no responsibility or liability for any transactions, communications or interactions between You and third party web sites and/or their owners. We do not necessarily endorse, recommend and/or control any third party web site. Your use of any third party web site, whether provided as a link by this web site or not, is strictly at Your own risk.
17. Your Information, Interaction and Communication on the MarketPlace.
a. You expressly represent and warrant the following: 1) You are a customer in need of the Services, and; 2.) You are not a current or former Moving Help® or someone engaged in the moving help services business entering into these Terms for your own customers, and: 3.) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information (including Your customer reviews) posted on the web site, and; 4.) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non- exclusive license to use, distribute, reproduce and distribute such communication, content and/or information (including Your customer reviews).
b. You further represent and warrant that any and all of Your online communication, content and/or distribution of information (including Your customer reviews):
1. Will not violate any federal or state law, regulation, rule, or statute;
2. Will not violate these Terms;
3. Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
4. Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain child pornography;
5. Will not be libelous, threatening, harassing or defamatory;
6. Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of this website, operation of any of Our systems and or create or impose a large burden or load on the website;
7. Will not scan or test the vulnerability or security of Our website or the system within which it operates;
8. Will not be used for commercial or public purposes outside of the requirements of these Terms;
9. Will not create liability for us in any manner whatsoever;
c. Furthermore, You agree that this MarketPlace acts as a passive conduit for any and all of Your communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will We act as a monitor over the content of such communication or information. However, We do reserve the right to remove or restrict any communication or information that You may post to this MarketPlace that is in violation of these Terms, illegal, threatening, or lewd.
18. Our Termination.
We reserve the right to terminate these Terms or Your use of the MarketPlace for any reason at anytime without notice.
19. WARRANTY DISCLAIMER.
USE OF THE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. THIS MARKETPLACE IS SPECIFICALLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED.
WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE MARKETPLACE, OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCUDING THIRD PARTY HACKERS) , OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO AS A RESULT OF A CONNECTION BY THIS MARKETPLACE.
20. Our Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR MARKETPLACE OR THESE TERMS.
You agree to indemnify, defend and hold Us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, damage or loss, incurred or arising out of your use of the MarketPlace, breach of these Terms, violation of any federal or state law, statute, regulation or the infringement of any third party rights including but not limited to any third party intellectual property rights.
These Terms may be assigned and transferred by Us to a third party at anytime and without notice to You. These Terms may not be assigned by You.
23. Independent Contractor.
You hereby agree and acknowledge that Your use of this Marketplace does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us whatsoever.
Each provision of these Terms is intended to be severable. If any term, covenant, condition, or other provision herein is unlawful, invalid or unenforceable for any reason whatsoever, and such illegality, invalidity or unenforceability does not affect the remaining parts of these Terms, then all such remaining parts hereof shall be valid and enforceable and have full force and effect as though the invalid or unenforceable provisions had not been included. A waiver of any part of or performance under these Terms shall not constitute a waiver of the whole.
The headings contained in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms or any provision hereof.
These Terms supersedes any and all prior discussions and agreements and the parties in these Terms to the extent set forth herein contains the sole, final and complete expression and understanding between the parties hereto.
27. No Third Party Beneficiaries.
No person other than the parties hereto, shall have any rights or claims under these Terms.
28. The following provisions shall survive any termination of these Terms or termination of your Transaction for Services: 5, 6, 7, 8, 9, 10, 11, 14, 18, 19, 21 and 22.
U-Haul Arbitration Agreement (“Agreement”)
PLEASE READ CAREFULLY. THIS MANDATORY AGREEMENT AFFECTS YOUR RIGHTS. BY ENGAGING IN A “TRANSACTION,” “YOU” AND “U-HAUL” VOLUNTARILY AND KNOWINGLY ENTER INTO THIS AGREEMENT WHICH WAIVES YOUR RIGHT TO SUE AND BRING CLAIMS IN COURT, OTHER THAN AS STATED BELOW, OR HAVE A JURY RESOLVE ANY DISPUTE:
1. Except as expressly provided in this Agreement, “Claims” shall not be pursued in court (except “Small Claims” as defined below), but shall be decided by binding arbitration administered by either the National Arbitration and Mediation (“NAM”) in accordance with its NAM Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitrations (https://www.namadr.com/resources/rules-fees-forms/) or the American Arbitration Association (“AAA”) in accordance with its AAA Consumer Arbitration Rules (http://www.adr.org/consumer), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. For purposes of this Agreement, the following definitions shall apply:
a. “Claims” is broadly interpreted to include any dispute, complaint, controversy, or cause of action arising out of or relating to your relationship with U-Haul or any prior, current or future Transaction with U-Haul. All claims, including assigned claims, brought under any legal theory, whether at law or in equity, are covered by this Agreement and shall include, but not be limited to, all statutory and tort claims, that may be asserted.
b. “Equipment” means any truck, vehicle, trailer, tow dolly, U-Box container, retail purchase, or physical item related to your Transaction.
c. “Rental Company” means the business entity that is responsible for the display, rental, sales, maintenance, and repair of Equipment and policy programs and procedures in a particular geographic area.
d. “Small Claims” means a lawsuit filed in a local court that has jurisdiction to decide cases involving relatively small amounts of money damages.
e. “Transaction” means the commencement, completion, or fulfillment of: A) a request or reservation to rent, use or purchase Equipment or to receive services; B) the use or review of the content of any U-Haul website; or C) any entry onto any U-Haul or U-Haul agent’s property.
f. “U-Haul” means all subsidiaries, related companies, insurers, parents, agents, affiliates, and/or independent dealers of the Rental Company, and each of their respective officers, directors, shareholders, managers, employees and other representatives who had anything to do with Your Transaction.
g. “You” means the person who engaged in a Transaction and (as applicable) Your respective subsidiaries, affiliates, agents, Authorized Driver(s) as defined in the U-Haul rental agreement, employees, persons related to You, and Your beneficiaries, estate, spouse, domestic partner, heirs, assigns and other successors-in-interest, as well as all authorized or unauthorized users of the Equipment. “Your” refers to “You.”
3. U-Haul and You agree that a U-Haul Transaction affects interstate commerce and that this Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. ch. 1, et. seq.
4. You acknowledge and agree that You have voluntarily chosen to engage in a Transaction with U-Haul rather than a competitor who may offer comparable goods and services but may not require binding arbitration. Arbitration is less formal than court; uses a neutral arbitrator instead of a judge or jury; allows limited discovery; and is subject to limited judicial review. The decision of an arbitrator may be entered and enforced as a final judgment in a court of competent jurisdiction.
5. Claims may only be brought in an individual capacity and in the name of an individual or entity, and may not be joined or consolidated with the Claims of any third party unless they arise from the same Transaction, nor may any Claims, including assigned Claims, be pursued in court. Claims must proceed on an individual and non-class and non-representative basis. No Claim may be pursued as a class or other collective action. No Claims may be brought in a representative action such as a private attorney general action, or other representative basis. The Arbitrator shall have authority to issue any relief that a court of competent jurisdiction could have awarded only to You or U-Haul individually on a non-class and non-representative basis. If any part of this paragraph 5 is deemed unenforceable as to all or part of a dispute, then the entirety of this Arbitration Agreement shall be null and void as to that dispute or part of the dispute, and therefore that claim must proceed in a court of competent jurisdiction.
6. If this Agreement conflicts with any arbitration provision in the Rental Contract Addendum/Document Holder or any other prior arbitration provision presented to You at the time of the Transaction, this Agreement contains the most recent reiteration of the Agreement and therefore supersedes all prior arbitration provisions and shall control.
7. Unless otherwise provided in the following rules or by mutual agreement as provided herein, NAM Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitrations (https://www.namadr.com/resources/rules-fees-forms/) will apply to the arbitration of all Claims seeking $75,000 or less and the AAA Consumer Arbitration Rules (http://www.adr.org/consumer) will apply to the arbitration of all Claims seeking more than $75,000. BY ENTERING INTO THE TRANSACTION, THE PARTIES ACKNOWLEDGE AND AGREE TO AMEND OR MODIFY, WHERE APPLICABLE, EITHER THE NAM COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES PURSUANT TO RULE 8 OF THE NAM COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE AAA CONSUMER ARBITRATION RULES PURSUANT TO RULE R-1(C) OF THE AAA CONSUMER ARBITRATION RULES AS FOLLOWS:
a. Small Claims Court. U-Haul or You shall bring Claims in small claims court instead of arbitration for those Claims that meet the local jurisdiction requirements for Small Claims. The rules of the small claims court shall apply.
b. Notice and Demand Procedure
i. Notice of Dispute (“Notice”): Before initiating arbitration proceedings, the party asserting a Claim subject to this Agreement must give written Notice by mail or e-mail sent to the party or parties against whom a Claim is asserted. Notice to U-Haul shall be sent to: U-Haul Legal Dept., 2727 N. Central Ave., Phoenix, AZ 85004 or by e-mail to: firstname.lastname@example.org. A Notice form and related information is found at www.uhaul.com/arbitration. Notice to You shall be sent either to the address or e-mail address provided by You to U-Haul in connection with the Transaction or to another address or email address provided by You to U-Haul. After Notice of a Claim is given, the parties shall attempt to resolve the Claim within sixty (60) days from the receipt of the Notice. The statute of limitations shall be tolled for said 60-day period.
ii. Demand for Arbitration (“Demand”): Upon expiration of the 60-day Notice period, or immediately upon the unequivocal rejection of any Claim(s), You or U-Haul may initiate arbitration proceedings by filing a Demand and Certification of Completion of the Notice of Dispute Process (“Certification”) with NAM for Claims seeking less than $75,000 but exceeding Small Claims Court jurisdictional limits, or by filing a Demand with AAA for Claims seeking $75,000 or more. NAM Demand and Certification forms for Claims filed with NAM and AAA Demand and Certification Forms for Claims filed with AAA and related information can be found at www.uhaul.com/arbitration, and shall include an amount requested in the Demand. If a Demand is filed without the Certification, NAM or AAA shall consider the Demand incomplete and not filed, and not proceed with its administration and invoicing until a Certification has been submitted. If all Claims are mutually resolved within the Notice period, NAM or AAA shall take no further action to administer the Demand.
c. Special rules for Claims seeking $75,000 or less:
i. NAM Consumer Filing Fee. If You followed the Notice and Demand Procedure as provided above and paid a filing fee, U-Haul will reimburse You the amount of that fee.
ii. Alternative Payment and Attorney Premium. If You followed the Notice and Demand Procedure set forth above, and the Arbitrator issues an award on the merits of Your Claims that is greater than the value of U-Haul’s last written settlement offer sent to You at least fourteen (14) calendar days before the hearing (or submission of documents in a Written Submission-Only procedure), then U-Haul will:
1. pay the award or $7,500, whichever is greater (“Alternative Payment”); and
2. pay Your attorney, if any, reasonable attorney’s fees, and reimburse expenses (including expert witness fees) that You reasonably incurred for investigating, preparing, and pursuing Your Claims (“Attorney Premium”). To qualify for payment, expenses must be itemized and submitted to U-Haul within fourteen (14) calendar days of the award. The maximum payment under the Attorney Premium is the amount of the award.
d. Special rules for Claims seeking at least $500,000 or more:
i. You or U-Haul may elect to proceed before a panel of three (3) arbitrators. If a party elects to proceed before a panel of three (3) arbitrators, said election shall be made at the time of filing the Demand. Responding party shall have thirty (30) days from the filing of Your Demand to elect to proceed before a panel of three (3) arbitrators.
ii. The Federal Rules of Evidence shall be applied in the arbitration proceedings to the same extent as if the Claims had been filed in federal court in the jurisdiction in which the Arbitration proceeds.
iii. Upon request of a party and good cause shown, the Arbitrator will:
1. permit each party to submit at least one dispositive motion;
2. permit each party to serve interrogatories, requests for admission, and requests for production and determine the scope, schedule, and amount of same;
3. permit at least one deposition of each party; determine the necessity of any additional depositions; and allocate the cost of taking deposition(s); and
4. permit written submissions and determine the staggered schedule for such submissions.
iv. Following any arbitration award in this matter, the parties shall both have the right for submission of an appeal. The appeal, if any, shall be handled by the AAA pursuant to their Optional Appellate Arbitration Rules. The parties agree that each party shall be responsible for their own attorney’s fees and costs on appeal.
e. Arbitrator Selection. Unless otherwise agreed in writing by You and U-Haul, NAM or AAA, as the case may be, shall transmit simultaneously to each party an identical list of no less than five (5) qualified arbitrators chosen from the NAM Hearing Officer Roster or AAA National Roster of Commercial Arbitrators, respectively. The parties may agree on an Arbitrator and advise NAM or AAA of their agreement. If the parties do not agree, each party will have fourteen (14) calendar days from the transmittal date of the list of arbitrators in which to strike up to two (2) names from the list of arbitrators, number the remaining names in order of preference, and return the list directly to NAM or AAA. If a party does not return the list within the time specified, all persons on the list will be deemed acceptable to that party. From among the persons who have been approved by both parties, and in accordance with the designated order of mutual preference, NAM or AAA shall appoint an Arbitrator to serve. If for any reason appointment cannot be made from the submitted lists, NAM or AAA will repeat the process set forth in this paragraph 7 until the Arbitrator is selected.
f. Prior Settlement Offer. Prior to an arbitration decision, the parties shall not disclose to the Arbitrator any communications related to an offer of compromise unless accepted by all parties.
g. Location of Arbitration Hearing/Governing Law. The Arbitration shall take place in the County (or Parish) where You reside, either at the time of the rental and/or sale or return of the Equipment, unless otherwise agreed in writing by U-Haul and You. This Agreement shall be interpreted and construed in accordance with the law of the State where the Arbitration takes place. Any and all Claims arising out of or relating to this Agreement, whether sounding in contract, tort or statute, shall be governed by the law of the State where the Arbitration takes place, including its statutes of limitations, without giving effect to any conflict-of-laws rule that would result in the application of the laws of a different jurisdiction.
h. AAA and Arbitrator Fees. U-Haul will pay NAM or AAA administrative and arbitrator fees pertaining to the Claims initiated and pursued in accordance with the Notice and Demand Procedure except as set forth in Paragraph 7(d). Notwithstanding the foregoing, the Arbitrator shall have authority to reallocate said fees if the Arbitrator determines that Claims were filed for an improper purpose or that the Claims are patently frivolous and/or unsupported by applicable law or the reasonable extension of the law. Notwithstanding anything to the contrary set forth above, in the event the conditions for multiple (mass) consumer case filings are met as determined by NAM pursuant to its Supplemental Rules for Mass Arbitrations Rule No. 2 or the AAA pursuant to the Administrative Filing Fees section (i)(B) in the Consumer Arbitration Rules, then each party’s portion of the NAM filing fees shall be the Mass Filing Fees as set forth by NAM or AAA filing fees shall be the Multiple Consumer Case Filings Fees as set forth by the AAA, respectively.
i. Attorney’s Fees and Costs. Except as otherwise provided in this Agreement, the Arbitrator shall have the authority to award attorneys’ fees and other costs as permitted by applicable law; however, You may not be awarded duplicative amounts of attorney’s fees or costs regardless of the number of claimants. U-Haul promises and agrees that it will not seek an award of attorneys’ fees or costs unless the Arbitrator determines that Claims are patently frivolous and/or unsupported by applicable law or the reasonable extension of the law.
j. Arbitrator’s Authority. The Arbitrator shall:
i. Be bound by the terms of this Agreement;
ii. Apply a statute of limitations to all Claims as though brought in an appropriate court of competent jurisdiction;
iii. Decide all issues, and award a remedy, based only on the evidence and arguments submitted by a party;
iv. Resolve all disputes regarding the scope and enforceability of this Agreement, including the enforcement of the class action waiver;
v. Issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and to identify the specific types of damages awarded, if any;
vi. Award a remedy only as to Claims presented at the Arbitration hearing and of which all Parties were on notice at least thirty (30) days before the hearing;
vii. Award any form of individual relief provided such relief would have been available in an individual capacity before a court of competent jurisdiction;
viii. Make rulings and resolve disputes as to the payment and reallocation of fees and expenses, including attorney’s fees;
ix. Retain jurisdiction to review and resolve issues between the parties concerning interpretation of the decision. Such issues will be resolved based only on written submissions.
8. Confidentiality. In order to protect the confidential, proprietary, and trade secret information of the parties, U-Haul and You agree to negotiate and enter into a Confidentiality Agreement. If U-Haul and You cannot agree on the Confidentiality Agreement, the arbitrator shall have the sole responsibility for determining the appropriate scope of the Confidentiality Agreement. In no event shall the Confidentiality Agreement in any way prevent U-Haul or You from using any document marked as “confidential” in an arbitration proceeding under this Agreement, subject to any ruling on admissibility by the Arbitrator.
9. Alternate Forum. By mutual written agreement, the parties may select an arbitration forum other than NAM or AAA and/or modify the procedural arbitration rules. In the event NAM or AAA are unable or unwilling to administer the arbitration, You and U-Haul shall submit the Claims to an agreed upon alternative forum which shall be subject to all other terms and conditions of this Agreement.
10. Modification. This Agreement may only be amended by a writing signed by all parties. Only an officer representing U-Haul may agree on behalf of U-Haul to modify the terms of this Agreement.
11. Severability. This Agreement is the full and complete agreement relating to the resolution of Claims. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction or the Arbitrator, the remainder will be enforceable.
12. Waiver. The failure of a party to require performance of any term or condition of this Agreement shall not be deemed to constitute a waiver of any such term or condition, or have any binding or precedential value regarding present or future enforcement of such term.