Terms of Service

The following Terms of Service (“Terms”) are between you and Pull Up & Load Up, LLC (“PULU,” “us,” “we,” and/or “our”) and govern your access to and use of our website, www.pullupandloadup.com.

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BY SCHEDULING A SERVICE APPOINTMENT WITH PULL UP & LOAD UP LLC, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use Pull Up & Load Up LLC’s services. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, do not schedule a service appointment with Pull Up & Load Up LLC.

 

1. Transporting Property

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You acknowledge that loading, transporting, and unloading property creates certain risks to your property, yourself, and anyone present at locations being serviced. Property and items may be broken, dropped, scraped, torn, scratched, lost, or otherwise damaged. No liability shall be provided for the mechanical or electrical derangements of pianos, radios, clocks, computers, refrigerators, televisions, electrical devices, washers/dryers, or other instruments or appliances.

 

You understand transporting or preparing to transport televisions, electronic devices, and home appliances is dangerous and could result in injury or damages. Pull Up & Load Up LLC will not be responsible for electrical and mechanical functions and/or damages of the items moved, as their condition before the moving services took place cannot be determined. Items may have been previously installed improperly; they may be worn out by time or use or may have unseen damages because of flooding, electrocution, or fire.

 

You agree that the installation of home appliances and re-connecting/mounting electronic devices is your personal responsibility. You understand installation of home appliances or re-connecting/mounting electronic devices is not the responsibility of PULU. Services do not include the removal (or installation) of items secured to the premises. Any assistance given is only by courtesy. 

 

2. Items of Significant Monetary or Personal Worth

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PULL UP & LOAD UP LLC STRONGLY RECOMMENDS THAT YOU PERSONALLY MOVE ITEMS OF SIGNIFICANT MONETARY OR PERSONAL WORTH.

 

Pull Up & Load Up LLC will not be responsible for the risk or loss of cash, checks, documents, tickets, deeds, manuscripts, blueprints, plans, specifications, or other valuable papers, jewels, jewelry, gems, precious metals, gold, silver or platinum articles (including household goods such as silverware, coffee service sets, trays, candlesticks, and dishes) watches, precious stones, pearls, furs or garments trimmed with fur, currency, money, bullion, bonds, notes, stock, stock certificates or other securities, accounts bills, bills of exchange, evidence of debt, credit cards, stamp-postage, stamp collections, revenue, trading-or letter or packets of letters, alcohol, prescription medications, damages to fur or items lined with fur, particleboard furniture, firearms and/or ammunition, and any other personal items of value. 

 

3. Your Representations

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By using our website and/or scheduling a service appointment, you expressly warrant and represent that you:

• Have read, understand, and agree to be legally bound by these Terms;

• Are at least eighteen (18) years old;

• Reside in the United States or any of its territories;

• Own or have legal possession to any and all property to be hauled away, assembled, disassembled, installed, transported, or subjected to any other services made available through the website;

• Have the right, authority, and capacity to agree to these Terms; and

• Will comply with any and all applicable laws.

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4. Scheduling Service

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In order to schedule a service appointment with PULU, you must be at least eighteen (18) years of age and you may be required to supply certain information relevant to your service request, including without limitation your credit card number, the expiration date of your credit card, your billing address, and service address.

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By scheduling  a service appointment, you warrant and represent that you have the lawful right to use any credit card(s) or other payment method in connection with any service request and that the information you provide to us is true, correct, and complete in all respects.

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We may employ the use of third-party services to facilitate payment and to confirm your service appointment. By submitting your information to us, you grant us the right to provide your information to these third parties.

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5. Availability, Errors, and Inaccuracies

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PULU reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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6. Pricing

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Pricing is subject to change with or without prior notice before you place an order. PULU will not change the pricing for an already confirmed service appointment unless, on the day of service, it is determined that the customer provided inaccurate information (for example: incorrect item types, counts, flights of stairs, etc.).

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If additional services are needed, requested, or provided during the service appointment, you will be required to pay onsite by cash or debit/credit card at our current prices, as listed on our website.

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7. Credit/Debit Card Authorization

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You authorize PULU to charge the credit or debit card that you provide when you schedule a service appointment. By providing your payment information and completing the process to schedule an appointment, you warrant and represent that:

• You have the legal right to use the payment method;

• The payment information is true, correct, and complete;

• You are the account holder or authorized user of the payment account.

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8. Rescheduling & Cancelling Service Appointments

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Rescheduling or Cancelling - Customer

You may reschedule or cancel your appointment up to 24 hours in advance of the service appointment time without incurring any fees.  Requests to reschedule/cancel must be made by telephone or e-mail to the PULU phone number/e-mail address listed on the PULU website.

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Cancellations made up to 24 hours in advance: If you cancel your service appointment 24 hours or more in advance of the service appointment time, you will receive a refund of money paid to PULU for the appointment minus all costs associated with processing the return as charged to PULU by its payment processors (3% of service total).

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Cancellations made less than 24 hours in advance: If you cancel your service appointment less than 24 hours in advance of the service appointment time, you will receive a refund of money paid to PULU for the appointment minus 1) a $75 cancellation fee and, 2)  all costs associated processing the return as charged to PULU by its payment processors (3% of service total).

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Cancellation - PULU

We reserve the right to refuse or cancel your service appointment at our sole discretion at any time and for any reason, including but not limited to, availability of services, errors in the description or price of the services, other errors/omissions in your service request, suspected fraud or an unauthorized or illegal transaction, or for any other reason.

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9. Refunds Due to Change in Services

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You are entitled to a refund for any changes to the scope of your order, provided that (a) you notify us of the change prior to your service being started; and (b) the change does not result in a full cancellation of your service appointment. In such cases, the refund amount will be calculated based on the difference between the original service price and the revised service price.

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10. Other Refunds

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Unforeseen circumstances and unique situations can arise that do not fit into the categories above. If you believe you have a valid reason for a refund that is not addressed in the cancellation/rescheduling policies above, please notify us in writing by sending an e-mail to pullupandloadup@gmail.com within twenty-four (24) hours after the service started.  In your request, include:

• Detailed information about the reason you are requesting a refund,

• The date of the service, and

• Any other relevant details to enable us to make a decision about your request. 

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Upon our receipt of a timely written request from you, we will assess the claim and determine whether a refund is warranted.  Such decisions will be made at the sole discretion of PULU. If you fail to notify us within this 24-hour window (which begins when your service appointment started), you waive your right to any refund(s).

 

Please note that the refund provisions above only apply to changes to prepaid service appointments and/or incomplete performance of the requested prepaid service(s). All other issues in connection with a prepaid service appointment that you may have shall be addressed pursuant to the provisions of Section 22, below (“Dispute Resolution”).

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11. Refund Timing

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Refunds, less any applicable fees, will be processed to the original payment method within 5-7 business days of the transaction or request.

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12. Service Windows

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While we make every possible effort to coordinate the timely and reliable provision of services during the scheduled date and time window, we cannot and do not guarantee service dates or appointment windows.

 

Inclement weather, traffic delays, motor vehicle accidents, facility delays, equipment failure, and other delaying events happen occasionally and we are not responsible for these delays.

 

13. Accessibility and Disassembly

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Do not schedule a service appointment with us if your item(s) require extensive disassembly and/or are not safely removable without the destruction of the item and/or alteration of the building and/or property that your item(s) is/are located in.

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By scheduling a service appointment, you are representing to us that all items are accessible and removable from your location.

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14. Refusal of Service

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Notwithstanding anything to the contrary in these Terms, we reserve the right to refuse or cancel a service appointment at any time and for any reason at our sole discretion.  These reasons include, but are not limited to the following:

• An item is found to be infested with bugs

• Your location is too dangerous or unsanitary

• Inclement weather such as heavy rain, snow, sleet, hail, lightning, and/or high winds;

• Your location is inaccessible or too far away from our vehicle

• Your item(s) cannot be moved safely through a narrow doorway, hallway, or up or down stairs. If you still want us to perform the scheduled services after being advised of the risk of damage to your property, you waive any right to receive any reimbursement or other recompense for any damages that may result.

 

The decision as to whether or not refunds will be issued in such circumstances will be made on a case-by-case basis and at the sole discretion of PULU.

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15. Disposal of Items

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We make every attempt to recycle or donate items in the most environmentally friendly manner possible, but we cannot and do not guarantee that items will be recycled or donated for reasons such as lack of appropriate nearby facilities, refusal of items, poor condition, contamination, or infestation of items, or other reasons beyond our control.

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16. Accounts

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You may be required to register and maintain an active account to use certain aspects of our website.

Account registration may require you to submit certain personal information, such as your name, address, email address, and phone number. You agree that your account information shall be true, correct, and accurate at all times.

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Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

 

You are responsible for maintaining the confidentiality of your account login credentials and your account itself, including without limitation restricting access to your computer and/or account.

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You agree to accept any and all responsibility associated with all activities or actions that occur in connection with your account.

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You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

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You may not use a username that is vulgar, obscene, or offensive. Nor may you use a username that is the name of another person or entity or that is otherwise not lawfully available for use, including without limitation another person’s name or trademark without authorization.

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We reserve the right to refuse service, terminate your account, remove or edit content. If you wish to terminate your account, you may simply discontinue use of our website.

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17. Indemnification

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You agree to indemnify and hold PULU, its officers, members, employees, agents, contractors, affiliates, successors and assigns harmless from and against any and all claims, demand, lawsuits, or similar actions (including litigation costs, attorneys’ fees, and any other similar or related expense) made by any third party against PULU due to or stemming from your use of its website, services, any action in nonconformity with these Terms, and/or any action in violation of applicable laws or regulations.

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We may, but are not obligated to, assume exclusive control, at your expense, of any matter which requires indemnification.

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You agree to fully cooperate with PULU in the event we elect to take control of such control of such action and agree not to settle or otherwise resolve any such matter without our express written consent.

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18. Release

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Subject to the applicable provisions of these Terms, you hereby release and discharge PULU, its officers, members, employees, agents, contractors, affiliates, successors and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with PULU’s websites or services.

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19. Transportation Damage Waiver and Release

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When scheduling a service appointment that involves transporting items from one location to another, you (“Shipper”), your heirs, successors, executors, and subrogates, hereby knowingly and intentionally waive and release, indemnify and hold harmless Pull Up & Load up LLC

 

(“Carrier”), its directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for damages to your property or person resulting from PULU’s negligence during the move or other occurrences as outlined in these Terms and Conditions.

 

The following apply to all transportation performed by Pull Up & Load Up LLC in addition to all other applicable state and federal rules and regulations including, but not limited to, the following terms and conditions:

 

SECTION 1: The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss, damage or delay caused by or resulting: (a) From an act, omission or order of shipper; (b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein; c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations;5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade. (d) From terrorist activity, including action in hindering or defending against an actual expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term `terrorist activity’ means any activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to 3 endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing. e) From delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damage when carrier, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk. (f) From Acts of God.

 

SECTION 2: The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination.

 

SECTION 3: (a) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable because of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier because of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges. (b) The shipper shall indemnify the carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.

 

SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, Pull Up & Load Up LLC shall contact the shipper the same day to arrange return to shipper at shipper’s expense.  If shipper, consignee or owner of property fails to receive or claim it within 24 hours of the service start time, the items shall be disposed of at the discretion of Pull Up & Load Up, LLC.

 

SECTION 5: If delivery is refused by consignee at the delivery destination, Pull Up & Load Up LLC shall contact the shipper the same day to arrange return to shipper at shipper’s expense.  If shipper, consignee or owner of property fails to receive or claim it within 24 hours of the service start time, the items shall be disposed of at the discretion of Pull Up & Load Up, LLC.

 

SECTION 6: As a condition to precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within two (2) days after service date as shown on face hereof. Where the shipper and/or consignee has not complied with the foregoing provisions, the carrier shall not be liable and such a claim will not be paid.

 

20. Limitation on Liability

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Use of PULU’s and services are at your own risk and discretion.

PULU shall not, in an event, be liable to you or any third party for lost profits, indirect, consequential, exemplary, incidental, special, or punitive damages arising out of or otherwise related to these terms, your use of PULU’s website and/or services.

 

PULU’s total liability to you for any damages stemming from or otherwise related to these terms, it website, and/or services, for any reason whatsoever and irrespective of the form or forum, is limited to the lessor of $300 or the cost of repairing the damage. Such decision is at the sole discretion of PULU.

 

All claims arising out of your use of PULU’s website and services must be filed within two (2) days of the service appointment date.

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21. Modification

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We may occasionally revise these terms and conditions. In the event we make substantial changes to these terms, we may notify you via email of such changes and/or by prominently posting notices of such revisions on our website. Revisions to these terms are effective upon their publication and your continued use of its website and/or the services is indicative of your acceptance of such revised terms.

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22. Dispute Resolution

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Should any dispute arise out of, or be related to, these terms, the PULU website and/or PULU services, you and PULU agree to attempt to resolve the dispute first by negotiating directly in good faith. If you and PULU are unable to resolve the dispute through good faith negotiation, you and PULU agree to submit to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, which are available at: www.adr.org.

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23. Governing Law

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These terms, PULU’s services, and/or any disputes shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Maryland, without regard to principles of conflict of laws.

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24. Severability

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If any portion of these terms are found to be unenforceable, such determination shall have no effect on the remainder of the terms, which shall continue in full force and effect.

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25. Electronic Communications; Phone Calls

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You agree and permit us, our affiliates, and Third-Party Providers to contact you at the phone number(s) or email address(es) you provide by electronic and telephonic means, including without limitation email, text, and calls. Standard message and data rates may apply.

You agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in hardcopy writing.

 

26. Contact

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If you have any questions regarding these terms or would like to contact us for any other reason, please contact us at:

Pull Up & Load Up, LLC

www.pullupandloadup.com
(240) 606-3274

pullupandloadup@gmail.com