PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In this agreement
- “Customer Item(s)” means the items packed by you, Prro, a third party, or a third party on behalf of Prro for storage and/or transport by Prro.
- “Service(s)” means the storage services and/or moving services provided by or on behalf of Prro as described in Section 3 below.
- “Delivery Zone” means the zip codes serviced by Prro, which can be found at http://www.Prro.co/locations
2. USER OF OUR SITE
- Eligibility: This is a contract between you and Prro. You must read and agree to these terms before using the Prro Site or Service. If you do not agree, you may not use the Service. You may use the Site or Service only if you can form a binding contract with Prro, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years old to use the Site and Services. By registering to use the Site and Services, you represent and warrant that you are 18 years of age or older. Any use or access to the Site or Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Site and Services not available to any Users previously removed from the Site by Prro.
- Prro Site: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Prro reserves all rights not expressly granted herein in the Site and the Prro Content (as defined below). Prro may terminate this license at any time for any reason or no reason.
- Prro Accounts: Your Prro account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Prro account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Prro with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use ‘strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify Prro immediately of any breach of security or unauthorized use of your account. Prro will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and account settings by emailing us at hello@Prro.co, updating your profile online at www.Prro.co, or calling us at 1-415-212-5211. By providing Prro your email address, you consent to our using the email address to send you Site- and Service – related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us at hello@Prro.co. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Site Rules: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Prro servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
3. THE STORAGE SERVICE
- Prro: Subject to the terms and conditions of this Agreement, including without limitation the payment of all fees under this Agreement, Prro shall, upon request: (i) arrive at the address you designate as the pickup address (the “Pickup Address”); (ii) pack your Customer Items into one or more boxes, prepare furniture and other large items for safe transport using moving blankets and other required packing materials; (iii) photograph the packed Customer Items from above, prior to packing or wrapping, to document their condition prior to transport and storage; (iv) pick up the boxes or other packaging containing Customer Items that you or Prro have packed from your Pickup Address; and (v) (i) if you request storage services only, transport the Customer Items to a storage facility (chosen at our discretion) for storage and return those Customer Items to the Pickup Address on the date you designate, or (ii) if you request moving services only, transport the Customer Items to the address you designate as the delivery address (the “Delivery Address”), or (iii) if you request both storage and moving services, transport the Customer Items to a storage facility (chosen at our discretion) for storage, and then deliver those Customer Items to the Delivery Address on the date you designate.
Prro will not deliver or return Customer Items to an address that is outside our then-current delivery zone as listed on our Site, https://www.Prro.co/locations, or otherwise made available to you in writing (a “Delivery Zone”), unless we otherwise agree to do so in writing. Times given for delivery, collection, and return are only estimates and Prro shall not be liable for any delay in delivery, collection, or return. Prro, at its sole discretion, will facilitate the transport of your items from the Delivery Zone from your initial pick-up to a Delivery Zone in a new city at pricing to be determined by Prro and approved by you.
Prro may cancel, postpone, or otherwise reschedule any delivery, collection, or return of Customer Items for any reason or no reason, including without limitation in the event that Prro believes, in its sole discretion, that it may endanger any Prro employee, agent, contractor or other individual due to (including but not limited to) severe weather conditions or by reason of Prro having limited access to the Delivery Address.
Prro may use subcontractors and/or third parties to help perform any Prro obligations or services under this Agreement or any other agreements that incorporate this Agreement, including without limitation for pick-ups, return deliveries, and other logistics with respect to Customer Items.
You acknowledge and agree that Prro will not be responsible for: (i) dismantling or assembling any unit, system, or furniture (including flat pack and air chamber beds); or (ii) disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment. While Prro makes a good faith effort to place all Customer Items in suitable environments and/or means of transport or storage, Prro transports and stores a large variety of items, some of which require specific environments or means of transport or storage. Prro does not warrant that any transport vehicle or storage facility used by Prro is a suitable place or means of transport or storage for any particular Customer Items.
- Your Responsibilities; Waiver of Non-Photographed and Improperly Packed Items: You will be solely responsible for: (i) obtaining and ensuring that Prro or its carrier has such access to any parking as may be reasonably required to carry out the Services; (ii) being present, or ensuring that someone authorized by you is present, during the delivery, collection, and return of the Customer Items; (iii) providing Prro with your contact details and ensuring that such contact details are accurate and up-to-date; (iv) ensuring that the Customer Items you pack have been securely packed into the appropriate boxes so as not to cause damage or injury or the likelihood of damage or injury to your Customer Items, Prro’s property, employees, agents, contractors, business partners, other goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise; (v) informing Prro immediately upon delivery of any damage to the Customer Items or your property that occurred during a delivery, collection or return service; and (vi) reimbursing Prro in full an amount equal to all damages, liabilities, costs, claims and expenses that Prro may incur as a result of your use of the Service or any breach by you of this Agreement.
You understand that Prro is only responsible for those Customer Items that have been visually inspected and photographed by Prro. You acknowledge that you are solely responsible for verifying that Prro has photographed and inventoried all the Customer Items and that the inventory Prro provides you is a true and complete inventory of the personal property tendered. You hereby waive and release Prro from responsibility for any damage to items that were not packed, sealed, inspected and photographed by Prro. Prro uses packing blankets and packing supplies to ensure safe transport. If any items are not packed into boxes or protected with moving blankets you are solely responsible for damage to those items.
- The Customer Items: You represent and warrant that you own the Customer Items or that you otherwise have the right and authority to transport, store and use the Customer Items in accordance with this Agreement.
The Customer Items must not include and you must not provide to Prro for storage or transport any of the following in connection with the Services: antiques (whether or not breakable and fragile), perishable goods, firearms, explosives, used tires, plants, birds, fish, other animals, or any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion (e.g., gold-silver), jewelry, currency, ivory, precious metals or stones, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, human remains, or any other items, the possession, usage, transport or storage of which may detrimentally affect any of your other Customer Items or violate in any way the laws of the United States or any other applicable laws, rules, or regulations (collectively, “Prohibited Customer Items”).
According to Prro’s sole discretion, Prro may regularly conduct, or have its subcontractors conduct, pest control inspections of any and all Customer Items.
Prro or its contractors may at any time without notifying you open any Customer Items to inspect the Customer Items if Prro: (i) believes, in its sole discretion, that the Customer Items may include any Prohibited Customer Items; (ii) is required to do so by the police, fire services, local authorities or by court order; (iii) determines, in its sole discretion, it necessary for account or warehouse maintenance; or (iv) considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.
Prro may refuse to store or transport any Customer Items, or may return to you any Customer Items, at your cost, at any time, if, in Prro’s sole discretion, the storage, continued storage, or transport of the Customer Items would represent a risk to the safety of any person, the security of the storage site or transport vehicle, or any other goods at the storage site or in the transport vehicle.Payment, Subscription
- Services and Cancellation: By using the Services or other paid services or products provided by Prro, you agree to the pricing and payment terms, as we may update them from time to time. Prro may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
In order to receive Subscription Services, you must have internet access and provide Prro with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). You hereby authorize Prro to bill the subscription fee to your Payment Method, along with any applicable taxes or additional fees due during the billing period. You acknowledge that the amount billed during each billing period may vary from month to month for reasons that may include different amounts due to promotional offers, changing your subscription plan, and so on. You must cancel your subscription prior to the end of the then-current subscription period in order to avoid billing of the next subscription period’s subscription fees to your Payment Method.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Prro at the prices in effect when such charges are incurred. You will pay any applicable taxes (including without limitation any applicable sales tax), if any, relating to any such purchases, transactions or other monetary transaction interactions. Any amounts not paid when due shall bear interest at the rate of 15% per month or the maximum rate allowed by law, whichever is less.
You may cancel your Subscription Services at any time once the minimum storage term has been met; however, there are no refunds for cancellation for the then-current subscription period. To cancel, email us at hello@Prro.co or call us at 1-415-212-5211. When you cancel the Subscription Services, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Cancellations are effective the following subscription period. You will not receive a refund for the then-current subscription period. You will continue to have the same access and benefits of your product for the remainder of the current subscription period. In addition, Prro requires minimum payment commitments, and you remain obligated to pay the full amount of any such minimum payment commitment you have made to Prro, regardless of whether and at what point you cancel your Prro account. In the event that Prro suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the Site or Services, any content or data associated with your account, or for anything else, and that Prro may be unable to complete any outstanding orders or appointments until the suspension is lifted. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any orders processed prior to your cancellation of the Subscription Services.
- Prro’s Right to Withhold or Dispose of Customer Items: Prro shall have the right to withhold and ultimately dispose of some or all of the Customer Items in accordance with this clause if either: (i) you do not pay any applicable fees or any other payments due under this Agreement or (ii) you abandon your Customer Items, which will occur in the event your Prro subscription terminates or expires and you fail to take possession of your Customer Items within 45 days from the termination or expiration date, despite Prro’s or an applicable courier’s good faith attempts to return your Customer Items.
You will be responsible for all transport and storage charges and other associated costs reasonably incurred by Prro while withholding or disposing of the Customer Items. Prro will provide you with 45 days’ written notice requiring you to pay all amounts due and contact Prro to arrange for re-delivery of the Customer Items. If upon the expiration of the 45-day notice period you have failed to pay all of the amounts due, Prro may dispose of some or all of the Customer Items by sale or otherwise.
If in Prro’s opinion the Customer Items cannot be sold for a reasonable price or at all (for any reason), or despite Prro’s reasonable efforts they remain unsold, you authorize Prro to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by Prro in relation to the disposal of the Customer Items. If Prro receives money on disposal of the Customer Items, the net proceeds of sale will be credited to your account and Prro will pay any excess amounts to you without interest, less Prro’s administrative charge of $150.00.
If, after having made reasonable efforts to do so, Prro is unable to return any excess amounts received by Prro from the disposal of your Customer Items to you, including having given not less than 90 days’ written notice to you, Prro may retain any such excess amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Prro under this Agreement and the costs of sale, you must pay any balance outstanding to Prro within 7 days of a written demand from Prro. Interest will accrue on the balance in accordance with the Payment Section above until the balance is paid in full.
- Prro’s Limited Security Warranty: Prro agrees to provide you with a limited security warranty regarding your Customer Items as set forth in the terms and conditions of our Limited Security Warranty Policy. This Limited Security Warranty Policy is expressly incorporated by reference herein.Termination
You may terminate this Agreement at any time by requesting the return of your Customer Items and by paying any outstanding fees due to Prro. We may, without prior notice, change the Site or Services; stop providing the Site or Services or features of the Site or Services, to you or to Users generally; or create usage limits for the Site or Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Upon termination of this Agreement for any reason you must contact Prro promptly to arrange for delivery of your Customer Items. If within 45 days following termination of this Agreement for any reason you fail to arrange for delivery of all of your Customer Items, then Prro may process the Customer Items in accordance with the provisions of the section titled “Prro’s Right to Withhold or Dispose of Customer Items” above.
4. THE DELIVERY SERVICE (SAME DAY LOAD, DRIVE, UNLOAD)
Please allow a two hour window for the driver to arrive to you. The amount paid prior to scheduling is only an estimate for the specific product and service on order. Your service is included with 1 hour of free loading/offloading of the vehicle. Any additional services needed to complete the service will be billed to your card on file at an additional $1.00 per minute per driver / helper (charged at 30 minute increments- round-trip), and $1.00 per mile driven or any per additional miles required to drive (charge per round-trip). By scheduling a service you agree and allow Prro to authorize a $300 charge on your card on file for additional services required for each helper or driver used. Any changes to your schedule, such as dates, truck sizes, additional miles, additional labor or cancellation, Prro must receive a 48 hours written notice with your name and order number to hello@Prro.co or else total deposit paid online prior to booking will be forfeited. Any cancellation the day of the actual move, full payment of the authorized amount ($300 per driver/helper used) will be forfeited. Please note, Prro service is a peer-to-peer moving and delivery service platform, which connects background-checked drivers and helpers who use their own vehicles to perform customer jobs. Prro drivers are ONLY responsible for loading, driving, unloading, and placement of your belongings. Prro is NOT responsible for any professional packing, or service, delays, and not liable for any loss or damage. In-case of any loss or damage, Prro will mediate between driver and customer to resolve issues to the best of our ability, and ultimately driver will be responsible compensation directly with customers.
5. INTERSTATE HAULING
1. All transportation fees such as taxes, mileage, and tolls are included.
- We use 14ft to 40ft trailer/container (Average width 8’ w X 7’ h). Flat rate is an all-inclusive charge for container drop off/pick up (for origin location only) and must be paid upon pickup.
- Loose or oversized items that exceed container/trailer will be charged a flat fee per cubic feet or linear foot. Pricing is as follows:
LF 200-299 miles- $4.00/cf. ($400/LF),
300-999 miles- $4.50/cf. ($450/LF),
1,000-1,499 miles-$5.00 /cf. ($500/LF),
1,500-3,500 miles- $5.50/ cf. ($550/LF),
Alaska- $14.00/ cf. ($1,680/LF),
Hawaii, Puerto Rico, Guam- $21.00/ cf. ($2,520/LF),
- 4. Number of containers/trailers needed is an estimate only; inventory, weight, size or number may change due to stacking or disassembling of items in each container. Container consists of heat treated pallet foundation with heavy duty corrugated walls and secured with shipping straps.
- There will be a $35.00 change of order fee for any changes made to the Bill of Lading while shipment is en route.
- Fuel Surcharges are subject to change depending on your final location and total transportation cost.
7. For change in destination(s) or additional delivery drop off(s) there will be a fee of $150 for first stop up to 50 miles; each additional mile thereafter is $4.00/ mile.
8. Using elevator, stairs or long carry above 75ft, will be an added service fee of $75.00 per container for each 75 ft.of each service.
9. Overnight fee: $500/night plus any warehouse fees if applicable. Excess driver/labor time/ waiting time: $95/hr; Hourly rates are rounded up to the nearest hour
- Shipper/consignee is responsible to have a designated space for container(s) at destination for delivery. Some cities require permits to drop off or place container(s). Shipper will be responsible for complying with all local requirements and paying any permit fees.
- Final destination location(s) must be accessible by 18 wheel semi-trailer. In case a shuttle/ferry is needed for delivery the fee for the first container will be $400.00; each additional container will be $150.00 per container
- Load/Unloading labor can be provided through our affiliates at an additional hourly rate of $60.00/hour per laborer and will be added to shipment invoice. Unless originally quoted in shipping confirmation, unloading labor will be an additional charge and will need to be reserved prior to pickup/delivery date depending on availability in each delivery location. Labor is a minimum of 4 hours or will match the loading time- whichever is greater.
- 13. Shipper will be responsible for supervision of labor and for providing proper tools, if needed for assembly/disassembly of furniture and equipment.
- Shipper is responsible for removal of items from container and disposal of any waste or debris from shipment. Carrier is not liable for property damage resulting from improper packing or loading/unloading. Carrier is not liable for weather related issues and or damage resulting from weather.
- Re-delivery: the fee is original transportation price on your final bill of lading.
- Delivery window for shipments in the lower 48 states is 30 days and 90 days for international shipments; from date shipper is available to accept delivery, which is stated in the Bill of Lading. Window can change for international shipments depending upon final destination.
Standard Delivery (business day) Delivery appointments may take an additional day
Within 300 miles: Same or next day delivery
300 miles and above: 2-5 days
1,000 -1,500 miles: 5-7 days
1,500 miles and above: 7-10 days
Ocean Freight: 2-6 weeks
Air Freight: 1-2 weeks
Reservation and Cancellation Policy
1. A booking fee of 35% from total will be charged upon making your reservation and will be applied towards the total shipment balance. Cancellation must be made 72 hours prior to reservation date or the booking fee will be non-refundable.
- 65% of total balance is due regardless if shipper cancels delivery service while shipment is in transit.
- If cancellation is made while carrier is at shipper’s origin, shipper is required to pay the total labor cost of $60.00/hour per mover from time of arrival to time of cancellation, along with the non-refundable deposit.
Payments accepted are Visa, MasterCard, Discover, American Express, Check or Cash. Check payments are subject to clearing prior to release of shipment. Carrier requires 50% payment due on date of pick-up and the remaining balance due on date of delivery, prior to unloading shipment. For balances due on delivery, payment must be paid by US Postal Money Order issued by the United States Postal Service only and made to the order of: Prro. No other check, draft, cashier’s check, certified check or money orders are accepted on delivery date. For shippers wanting to pay full shipment balance on credit card, payment must be received prior to shipment departing to destination. Lapse in payment such as storage or shipment invoice, etc. greater than 30 days, Carrier requires full 100% payment before items are shipped from our facilities. Carrier will apply 7% late fee to any invoices unpaid after 30 days of due date for every month. Thereafter, the late fee shall be 2% per month. Carrier shall have the right to arrange an auction under the warehouseman’s lien laws of the UCC within 60 days of the storage being unpaid.
Due to the risk created by their hazardous nature, many items cannot be stored inside our containers and facilities. Listed are prohibited goods that may not be placed in the container(s):
Controlled drugs, and all substances or materials regulated or prohibited by applicable federal, state, or local law, perishable and agricultural items, hazardous, toxic, explosive, combustible or flammable materials.
SECTION 1: The liability of the Carrier shall be limited to the following exclusions:
a. No liability shall be provided for the condition or flavor of perishable articles.
b. No liability shall be provided on the following items, unless the item is specifically listed on the shipping document by description and value: bills of exchange, bonds, bullion, precious metals, currency, deeds, documents, evidence of debt, credit cards, firearms (see Note 1), money, gems, jewelry, watches, precious stones, pearls, gold, silver, or platinum articles (see Note 2), stock certificates, securities, stamp collections, stamps (postage, revenue, or trading), or letters or packets of letters.
Note 1. Shipper releases Carrier of any obligation under the Federal Gun Control Act of 1968 and represents that no firearms are being shipped or stored.
Note 2. Includes gold, silver, and platinum household articles such as silverware, coffee-service sets, trays, candlesticks, and dishes.
c. No liability shall be provided for loss or damage to articles of exceptional value. As used herein, the term “articles of exceptional value” refers to those articles tendered to a Carrier for transportation which because of uniqueness or rarity have a value substantially in excess of the cost of newly manufactured items of substantially the same type and quality apart from such uniqueness or rarity, such as, but not limited to, musical instruments of rare quality or historical significance; original manuscripts, first editions, or autographed copies of books; antique furniture; heirlooms; paintings; sculptures, and other works of art; and hobby collections and exhibits.
d. No liability shall be provided for loss or damage caused by or resulting from:
1. An act, omission, or order of shipper, including damage or breakage resulting from improper packing by shipper.
2. Insects, moths, vermin, ordinary wear-and-tear, or gradual deterioration.
3. Defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity of change therein.
4. (I) 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) an agent of such government power, authority, or forces; (II) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (III) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure, or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade.
e. No liability shall be provided for the mechanical or electrical derangement of pianos, radios, phonographs, clocks, refrigerators, television sets, automatic washers, or other instruments or appliances unless evidenced by external damage to such equipment, or unless said articles or appliances are serviced as provided in subparagraph (1) below. The Carrier reserves the right to inspect these articles or appliances to determine whether they are in good working order before accepting them for shipment. Carrier assumes no liability whatsoever for retuning, refocusing, or other adjustments of television sets unless such services were made necessary due to Carrier’s negligence.
f. No liability shall be provided by virtue of any loss or damage caused as a result of any strike, lockout, labor disturbance, riot, civil commotion, or any act of any person or persons taking part in any such occurrence or disorder.
g. No liability shall be provided for any loss or damage arising out of the breakage of china, glassware, bric-a-brac, or similar articles of a brittle or fragile nature.
Carrier will not be liable for any special, indirect, willful, punitive, incidental, exemplary, or consequential damages (including without limitation any sentimental or emotional value), damages for loss of profits, or damages for loss of business of shipper or any third party, including without limitation any damages arising out of the use or the inability to use the contents of shipper’s container(s), whether based on contract, tort, or any other legal theory, even if the shipper has been advised of the possibility of such damages
Shipper will indemnify, defend and hold Carrier harmless from and against all claims or losses (including any attorneys’ fees and costs) resulting from Shipper’s breach of this Agreement (including without limitation the Shipper Obligations) or breach of any law in connection with the Services provided.
Carrier will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control. The number of days required for shipping may change due to weather conditions, road conditions, national holidays, strikes, or other factors. Please see the above information regarding delivery date.
Shipments Entering into the State of California
If shipment enters California from another state, Shipper must fill out a Gypsy Moth Inspection Document and submit it to Carrier at the time of full container(s) pick-up, and prior to container shipment. Shipper’s shipment and subsequent appointments may be delayed if Shipper provides the Gypsy Moth Inspection Document late.
International/ Overseas shipments only
Rates are based on equipment availability and are subject to change due to fuel surcharges. Rate does not include insurance coverage, bonded transportation, storage charges, port charges due to civil unrest and or strikes, labor disputes, uncrating or art or items, demurrage, shuttle deliveries, special deliveries, x-ray exams, re-delivery fees, double handling due to customs inspection/quarantine requirements, special customs, domestic / foreign duties and or taxes. Please advice shipper to contact destination country’s consulate/embassy prior to departure, on ‘Port Only’, rates do not include port charges or terminal handling charges. Transit times are NOT guaranteed due to congestion at domestic and or foreign ports. 100% of payment is due on pick up date.
Basic Valuation Insurance of $0.10 per pound per article if any item is lost or damaged is included with shipment. Full Reimbursement Insurance is always recommended and can be purchased for a nominal fee at:
Moving Insurance Int. www.movinginsurance.com Phone: 888-893-8835
Shipper must file all claims for loss or damage within 30 calendar days after the delivery of the container(s). All freight bill must be paid before claim can be remitted for review. Shipper must contact our claims department: service@Prro.co for filing instructions. If Prro does not receive a claim request, receives a claim partially completed, or receives the request after the allowable 30 calendar days, the service provided by the carrier will be deemed to have met all guaranteed service standards and the claim request will automatically be considered invalid and denied. For shippers who have purchased additional insurance coverage please contact your insurance provider to process claim. Any discounts or rate reductions given prior to delivery will be applied towards any final settlements or compensation for any claims due to shipper.
Terms and Conditions
This Agreement is governed by California State law. This Agreement may not be assigned by the Shipper. Carrier may assign this Agreement without Shipper notice or consent, and, after such assignment or transfer, Carrier shall be released from all obligations under this Agreement occurring after such assignment or transfer. Failure by Carrier to require Shipper’s performance, or to claim a breach, will not be a waiver for any future breach, affect the validity of this Agreement or limit Carrier in regards to any future breach. If any Agreement provision is found to be invalid or prohibited under applicable law, the provision would be limited only to the extent of the prohibition, and will not invalidate the remainder of the provision or the Agreement. In the event of any conflict between this Agreement, the Confirmation Email, any Bill of Lading, or any Proof of Delivery, the terms of this Agreement will prevail. This Agreement, along with the Confirmation Email and any Proof of Delivery, and any attachments or references to website pages or other documents, constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior and contemporaneous understandings and agreements whether oral or written. Carrier is permitted to engage other licensed motor carriers to transport container(s Carrier reserves the right to decline service. Shipper agrees to allow Carrier to off load shipment or containerize if needed to ensure proper shipping. Shipper authorizes Carrier, without further notice, to release Shipper information or provide access to Shipper container(s), as may be required by applicable law or by an Independent Service Provider. Carrier has the right, but not the obligation, to remove Shipper lock(s), enter container(s) without Shipper notice, and take any other action necessary or appropriate to comply with applicable law, enforce Carrier’s rights under this Agreement or to preserve the storage premises. Carrier is not responsible for any Shipper property loss or damage, including replacement lock(s), resulting from any entry authorized by this Agreement or compelled by law.
Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the Carrier on behalf of the Shipper and shall be deemed, conclusively. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by Carrier, or the use of any Bill of Lading not authorized or issued by Carrier shall VOID the Carrier ‘s obligations to make any payments relating to this shipment and VOID all rate quotes.
The Shipper is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Shipper agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Carrier assumes no liability to the Shipper or to any other person for any loss or expense due to the failure of the Shipper to comply with this provision. Any individual or entity acting on behalf of the Shipper in scheduling shipments hereunder warrants that it has the right to act on behalf of the Shipper and the right to legally bind Shipper.
Claims and Limitations of Liability
The written contract amongst the parties (us, as carrier, and you, as shipper) determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to Carrier to help ensure timely resolution. Carrier will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. Please contact Carrier for more details regarding carrier insurance or carrier liability. Carrier is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Shipper or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Carrier is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Shipper of any of the TERMS AND CONDITIONS contained in the contracts between us including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. Carrier is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. Subject to the limitations of liability contained in the Bill of Lading shall only be liable for loss, damage, mis-delivery or non-delivery caused by Carrier’s own gross negligence. Carrier‘s liability therefore shall be limited to the fees that Carrier has earned with respect to the subject shipment.
If a lawsuit becomes necessary to resolve any dispute between Prro and shipper, said suit shall and must only be brought in the Superior Court of California for the County in and for Ventura County, State of California or the federal district court for the Central District of California. Suits involving disputes over interstate shipments must be limited to the governing Federal Law. Both parties agree to submit themselves to the jurisdiction of the California Courts and agree given the relationship to the state, such exercise is reasonable and lawful. Shipper consents to jurisdiction in Ventura County, California and hereby waives the right to be served within the State of California.
Carrier’s Rights of Assignment
Carrier may use agents/independent contractors on all orders. Additionally, unless you purchased an FTL/”exclusive use of vehicle” option, there is no guarantee that your items will not be temporarily stored or offloaded and reloaded onto different vehicle than performed pickup.
Debris Removal/Junk Removal
Shipper has the right to dispose of all property being tendered to Carrier as “junk”. Additionally, carrier has no duty to recover anything destroyed, abandoned, lost, broken, or otherwise removed from Shipper. It is often impossible to simply retrieve items discarded to Carrier as “junk” pursuant to the terms of carrier’s operating procedures.
Storage and Warehouse Receipt
After 30 days of complimentary storage, the storage fee shall continue at the rates set forth by the tariff; the monthly storage fee for each container is $100.00. Storage invoices will be billed in advance on the 1st of each month and will be prorated. The warehouseman shall remain Prro, the warehouse receipt shall be deemed to be that number identified on the title page of this document. Prro is not liable for any damage to your goods that could not have been avoided by the exercise of reasonable care. Further, the liability of Prro as to damages for the loss of or damage to your goods is limited to the amount agreed to under the Valuation of Coverage section contained herein. The goods are stored at Prro, unless notice of a different address has been made to the Shipper. The goods handled under this Warehouse Receipt shall be returned to the Shipper or any assignee by law or by the Shipper to receive the goods. A warehouse handling fee of $60.00 per container or 1,000 pounds of total goods stored in shipment or fraction thereof shall be assessed for any relocation of goods, including access to storage, made by Shipper or assignee thereof. Prro need not advance any fees or costs for storage required herein.
Prro, by giving notice to you and any other person known to claim an interest in your goods, may require payment of any charges and removal of the goods from the warehouse at the termination period of storage fixed by this Agreement or, if a period is not fixed, within a stated period not less than thirty (30) days after Prro gives notice. Prro reserves the right to sell your goods pursuant to the Enforcement of Warehouse Lien clause contained herein, if said goods are not removed before the date specified in the notice.
If, as a result of a quality or condition of your goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, Prro may sell the goods in compliance with the laws of enforcement of a warehouseman’s lien. If Prro, after a reasonable effort, is unable to sell said goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition.
Prro will deliver said goods to any person entitled to them upon due demand made at any time before sale or other disposition under this section. Prro may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods.
Prro has a lien against any and all goods deposited by shipper as covered by this Agreement, warehouse receipt or storage agreement, or on the proceeds thereof in its possession for charges for storage or transportation, including, demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law.
Prro’s lien for charges and expenses create a security interest also effective against any person that so entrusted you with the possession of the goods that a pledge of them by you to a good-faith purchaser for value would have been valid.
Prro’s lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. Prro sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefore, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold.
This receipt is subject to any and all provisions of the entire Agreement contained herein, including the order service, bill of lading, and freight bill. You are advised to read over the entire agreement, including the warehouse receipt and the applicable provisions of the Uniform Commercial Code, to properly ensure the protection of your goods and any rights pertaining to said goods.
By signing this document, I allow Carrier to provide me with its moving and packing services without a visual estimate prior to shipment date. I understand that the quote is an estimate based on oral agreement between Carrier and myself. Any requests for additional services or additional items to be moved and packed the day of the move that were not originally agreed upon, will be at an additional cost. I allow Carrier to provide me with a revised estimate the day of the move prior to loading. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the National Arbitration Forum in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Carrier hereby accepts this order for services and agrees to perform the services outlined herein and comply with such other arrangements as are specified. By signing this document I am confirming that the above information is correct. This binding estimate charges apply only to the services identified in this estimate. Total charges above cover only the articles and services indicated on binding estimate accompanying this order for service, signed by representative in this contract of both the carrier and shipper. Total charges are guaranteed for 30 days from date of signing. I understand that additional changes will be made for any additional services/items requested at a later time/date. The shipper (or his representative) by his signature hereby orders the services outlined herein to be performed on his behalf; And further acknowledges that all arrangements regarding contact while en route and, or at destination, method of payment, and notification of charges are as designated by him.
By signing this document, I agree to comply with all applicable local, state or federal laws, rules, ordinances or regulations concerning each container and its use, including required permits.
This Agreement is between Carrier and the Shipper with respect to the Carrier hereby accepts this freight bill of lading and agrees to perform the services outlined herein and comply with such other arrangements as are specified. By signing this document I am confirming that the above information is correct. The freight charges apply only to the services identified in this estimate. Total charges above cover only the articles and services indicated on the freight bill, signed by representative in this contract of both the carrier and shipper. Total charges are guaranteed for 30 days from date of signing. I understand that additional changes will be made for any additional services/items requested at a later time/date. The shipper (or his representative) by his signature hereby orders the services outlined herein to be performed on his behalf; And further acknowledges that all arrangements regarding contact while en route and, or at destination, method of payment, and notification of charges are as designated by him.
6. OUR PROPRIETARY RIGHTS
Except for the content you submit, post, display, or otherwise make available to Prro in connection with the Services (“User Content”), the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and content belonging to other Users (the “Prro Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Prro and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Prro Content. Use of the Prro Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Prro a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, publicly perform, display, and make derivative works of your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or Services, including without limitation about how to improve the Site, the Services, or our other services or products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Prro under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Prro does not waive any rights to use similar or related ideas previously known to Prro, or developed by its employees, or obtained from sources other than you.
7. SMS/TEXT MESSAGE ALERTS AND CALLS.
By consenting to Prro’s SMS/text messaging and calls service, you agree to receive SMS/text messages and calls with service, transaction, account-related, and commercial news, events, offers, and promotions from and on behalf of Prro to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages and calls. You are strictly prohibited from registering a mobile number that is not your own. You acknowledge and agree that calls or text messages may be sent using automated technology, including through an automatic telephone dialing system.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Prro. Your participation in our alerts program is completely voluntary. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You can unsubscribe at any time.
You may opt-out of receiving promotional calls or SMS text messages at any time. Please note that unsubscribing from promotional calls and SMS text messages will not prevent you from receiving calls or SMS texts from Prro directly relating to your use of the Service, such as account information, item pick-up details and delivery information that are necessary to provide the requested Service to you. To unsubscribe from promotional calls or SMS texts, email optout@Prro.co and provide your phone number and opt-out preference, or call us at 1-415-212-5211.
8. NO SALES TO CHILDREN
Prro does not sell products through its Site or Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.
9. CALIFORNIA RESIDENTS
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Prro cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. THIRD-PARTY LINKS
You agree to defend, indemnify and hold harmless Prro and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your use of the Services; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any of your User Content or Customer Items, or any that is submitted via your account; or (vii) any other party’s access and use of the Site or Services with your unique username, password or other appropriate security code.
14. NO WARRANTY
WE STRIVE TO PROVIDE THE SERVICE IN THE WAY YOU NEED IT, BUT THERE ARE SOME THINGS IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT WE CANNOT PROMISE.
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Prro OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Prro, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
Prro DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Prro SITE OR SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND Prro WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO LEGAL THEORY, SHALL Prro, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL Prro BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Prro ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, IN NO EVENT SHALL Prro, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Prro HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Prro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from facilities in the United States. Prro makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
16. BUSINESS FAILURE
In the event that Prro ceases operations, we will attempt to make reasonable efforts to return your Customer Items to you, but cannot guarantee if and when such returns will occur. Prro will not be liable for any failure to return Customer Items in the event of a business failure.
17. YOUR ACCEPTANCE OF THESE TERMS
You certify that you have read and expressly agree to the terms and conditions of Section 12 (No Warranty) and you acknowledge that this section limits your legal rights and remedies. You intend your assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.
You expressly agree and acknowledge that you may discover facts or law different from, or in addition to, the facts or law that you know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, you expressly agree and acknowledge that this section shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
18. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
- Governing Law: This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Customer Items is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
- Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Prro. For any dispute with Prro, you agree to first contact us at hello@Prro.co and attempt to resolve the dispute with us informally. In the unlikely event that Prro has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Prro claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
If you are using the Site or obtaining the Services for commercial purposes, the following applies:
JAMS may be contacted at www.jamsadr.com and may require you to pay a fee for the initiation of your case unless you apply for and successfully obtain a fee waiver from JAMS. The arbitration will be conducted in Los Angeles, California (or the nearest JAMS office), unless you request an in-person hearing in your hometown or you and Prro agree otherwise. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the court as necessary to prevent the actual or threatened infringement, misappropriation, or violation of such party’s data security, Intellectual Property Rights or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED THE SITE OR STORAGE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Prro ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prro without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Force Majeure: Notwithstanding anything to the contrary, Prro will not be liable or responsible for any damage to or loss of any Customer Items, or failure to perform, or delay in performance of, any of its obligations under this Agreement, including without limitation any Services, that is caused by events outside its reasonable control (including but not limited to) acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labor dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications (each, a “Force Majeure Event”).
- No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Prro’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.Contact.
- Please contact us at hello@Prro.co with any questions regarding this Agreement.
LIMITED SECURITY WARRANTY POLICY
Subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by Prro’s insurance policy, Prro will reimburse you for:
Loss of or damage to your properly packed Stored Items that have been tampered with, lost or stolen while in Prro’s possession, up to a total maximum of US $1.00 per pound in aggregate per User (the “Limited Security Warranty”); damage to your household caused by Prro’s gross negligence or willful misconduct, up to a total maximum of US $1000 in aggregate per User;
and/or damage to your personal effects caused by Prro’s gross negligence or willful misconduct, up to a total maximum of US $1.00 per pound in aggregate per User (together with (i) and (ii), also part of the Limited Security Warranty). In order to be eligible for reimbursement under (ii) or (iii), you must timely notify Prro of any applicable damage while Prro personnel remain present during or after the performance of services. Prro shall have the right to decrease or deny reimbursement to the extent that your or a third party’s negligence or willful act contributed to the claimed damage.
Under no circumstances shall Prro have any liability, or any responsibility to reimburse you, for any damages to any Stored Items that Prro has not individually and specifically inspected, packed, sealed and photographed, including without limitation any items inside or in some way obscured by other items or packaging. Any such items are excluded from coverage.
Notwithstanding anything to the contrary, Prro shall have the right, in its sole discretion, to inspect and determine the value of any damage to a Stored Item, household, or personal effects, the value of a lost Stored Item, and whether a damaged Stored Item, household, or personal effect is capable of being repaired. You may also purchase additional protection, such that your protection is the greater of the legal minimum price per pound or the amount of additional protection purchased. You may purchase additional protection of either $1,000 or $2,500, in each case in aggregate per User. Please visit www.Prro.co or contact us at 1-415-212-5211 for more details, including current rates for additional protection, and/or to purchase additional protection. You are free later to cancel your protection plan. However, cancellation or failure to make payments each month means that your protection will revert to the default total maximum of US $1.00 per pound in aggregate per User. Once you have selected your protection level, you cannot upgrade or change your protection level, except you may cancel your additional protection at any time.
Notwithstanding the foregoing, but subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by Prro’s insurance policy, if you created a Prro account prior to August 10, 2016, then Prro will reimburse you for loss of or damage to your Stored Items properly packed in Storage Boxes that have been tampered with, lost or stolen while in Prro’s possession, up to a total maximum of US $1,000.00 in aggregate per User (the “Prior Limited Security Warranty”). Customers who created Prro accounts prior to August 10, 2016 are not eligible to purchase additional protection.
If you purchase additional coverage and then at any point reach your maximum total claim amount, Prro will immediately cancel any later scheduled monthly protection plan payments from you and default your Limited Security Warranty coverage down to a total maximum of US $1.00 per pound in aggregate.
In order to be eligible for either Limited Security Warranty, you must: (i) have photographs of your Stored Items (in order to allow us to confirm the pre-packing condition of the Stored Items); (ii) pack your Stored Items into boxes (“Storage Boxes”); (iii) promptly examine your Storage Box and Stored Items when Prro returns your Storage Boxes to you, and (iv) immediately notify the Prro representative who return-delivered your Storage Box in writing of any loss of or damage to your Stored Items at the time of delivery within five (5) days of delivery; and (v) read and agree to abide by the terms of the Prro Damage Claim Form (subsections (i) through (v) of this paragraph, collectively, the “Warranty Requirements”). The Prro Damage Claim Form for customers with a maximum coverage of US $1.00 per pound in aggregate per User is available here. The Damage Claim Forms for customers who purchased $1,000 or $2,500 of additional protection is available at here or here respectively. For clarity, this Prro Limited Security Warranty Policy shall not apply to any Stored Items shipped directly by you or on your behalf to Prro.
Upon receiving notice of lost or damaged Stored Items, Prro will investigate the cause of loss or damage. If Prro determines, in its sole discretion, that the loss or damage was due to unauthorized tampering with or access to the Stored Items contained within your Storage Box, Prro will pay to you either (i) the cost of repair of the damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), or (ii) the current replacement fair market value of the lost or damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), whichever is less. Prro shall be entitled to require proof of the initial purchase price, repair cost, and/or replacement value, and/or fair market value of any damaged or stolen Stored Items.
You agree that Prro shall have no liability for any loss of or damage to any Stored Items if you breach or have breached any provision of the Agreement, or if you fail or have failed to comply with any of the Warranty Requirements above, including without limitation, any failure to have photographs taken of any missing or damaged Stored Items prior to packing the Stored Items or failure to notify Prro of any or lost or damaged Stored Items immediately upon delivery. The Limited Security Warranty is not insurance and should not be considered a replacement or stand-in for any kind of insurance. We strongly encourage you to purchase insurance for all of your Stored Items.
The Limited Security Warranty does not apply to, and Prro shall not in any event be liable for, any loss or damage that falls into the following categories: (i) loss or damage to the Stored Items which does not arise as a direct consequence of any breach of this Agreement by Prro or any deliberate or grossly negligent act or omission on the part of Prro or its contractors; (ii) loss of or damage to any Prohibited Stored Items (as defined in the Agreement); (iii) loss or damage to composite wood items, such as pressboard, particle board or ready-to-assemble furniture; (iv) loss or damage to the internal workings of electronic items; (v) missing hardware for items Prro did not disassemble; (vi) loss or damage to items that were previously damaged or repaired; (vii) loss of business, sales, revenue, profits or anticipated savings; (viii) loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused; (ix) loss or damage due to emotional distress; or (x) consequential damages of any character; or (xi) loss of or damage to Stored Items in connection with any Force Majeure Event (as defined in the Agreement).
You acknowledge and agree that the Limited Security Warranty set forth herein shall be your sole and exclusive remedy and Prro’s total liability to you in connection with any lost, stolen, or damaged Stored Items.
B2B SERVICE LOCATIONS & RATES
|STORAGE FACILITIES||MONTHLY STORAGE||PICK-UP / DELIVER
200 MILE RADIUS
|ONE-TIME EQUIPMENT COST||LOAD / UNLOAD
30 MIN. INCREMENT
200 MILE AND ABOVE
LOS ANGELES, RIVERSIDE, ORANGE, VENTURA, SAN DIEGO, SAN FRANCISCO
HOUSTON, AUSTIN, DALLAS
|$0.50/CF OR $10/SF||$1.50 PER MILE||PICK-UP $75
|$1.50 PER MINUTE||$1-$4 PER CUBIC FOOT|