THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS TECHNOLOGY OR WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE THE TECHNOLOGY OR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
Haul Hero and https://www.haulhero.com/ are the property of Haul Hero, LLC, a Missouri limited liability company. These terms and conditions (these “Terms”) apply to any use of the Haul Hero App Technology (the “Technology”) and website (the “Site”). These Terms are subject to change by Haul Hero (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you (the “User”) should review these Terms prior to using the Technology or this Site. Your continued use of the Technology or Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. Use of the Technology and Site.
Haul Hero grants User a nonexclusive, non-transferable, royalty-free license without the right to sublicense, to use the Technology and Site, and User agrees to utilize the Technology and Site for purposes internal to the User only. The sole purpose of the Technology to gather and track information that may be useful to the User.
2. Electronic Delivery.
By accepting these Terms, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Site and Technology.
User agrees to indemnify and hold Haul Hero, LLC and https://www.haulhero.com/, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Technology and Site, the violation of these terms and conditions, or infringement by User, or other user of the Technology and Site using User’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Technology and Site.
Haul Hero reserves the right to modify or discontinue the Technology and Site with or without notice to the User. Haul Hero will not be liable to User or any third party should Haul Hero choose to exercise its right to modify or discontinue the Technology and Site. User acknowledges and accepts that Haul Hero does not guarantee continuous, uninterrupted or secure access to the Technology and Site and operation of such may be interfered with or adversely affected by numerous factors or circumstances outside of its control. User acknowledges and accepts that Haul Hero does interrupt access briefly on a regular basis to perform Technology and Site maintenance operations.
5. Technology Disclaimer
Haul Hero is a tool for efficient information gathering. User agrees that Haul Hero makes no guarantees or recommendations about the Technology or its application to User, User’s business, or finances. User accepts that User is expected to exercise due diligence before taking any action or inaction of any kind involving financial decisions for its business. User agrees that Haul Hero is NOT a tax or financial tool, and User is responsible for performing due diligence before pursuing any action. User assumes full responsibility to verify the suitability of any program. Haul Hero makes no representation that the Technology is suitable for any specific purposes.
6. All Sales Are Final.
No refunds are given accepted. User is responsible for reading all descriptions of the Technology thoroughly and performing User’s own research before purchasing.
7. Prohibited Orders.
Haul Hero will not fulfill any orders from countries that are embargoed or sanctioned by the U.S. government. The list of currently embargoes and sanctioned companies may be found here.
8. Compliance with Local Laws.
User is responsible for ensuring that use of this service is in compliance with the laws of User’s jurisdiction. Additionally, User is solely responsible for any tariffs, duties, excise tax or any charges imposed on products.
9. Copyright and Trademark Information.
All content included or available in the Technology and this Site, including Technology and Site design, text, graphics, videos, interfaces, and the selection and arrangements thereof is ©2022, with all rights reserved. Haul Hero and https://www.haulhero.com/ are trademarks of Haul Hero, LLC with all rights reserved. Any use of materials in the Technology or the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Haul Hero is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Haul Hero’s web pages or the content contained therein without prior written permission of an authorized officer of Haul Hero.
10. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Haul Hero designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Haul Hero LLC
P.O. Box 534
16105 Swingley Ridge Rd.
Chesterfield MO 63006
By Email: firstname.lastname@example.org
11. Prohibited Conduct.
No User is permitted to engage in any of the following acts:
13. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes or materials or telecommunication breakdown or power outage.
14. Governing Law and Jurisdiction.
This contract will be governed and construed in accordance with the laws of Missouri, excluding Missouri’ choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of Missouri, excluding Missouri’ choice-of-law principles.
15. Dispute Resolution and Binding Arbitration.
(a) YOU AND HAUL HERO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE TECHNOLOGY OR SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HAUL HERO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. User may only use the Technology and related services for the purposes of data entry and generating bullet points.
17. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Haul Hero.
18. Limitation of Liability.
https://www.haulhero.com/ AND HAUL HERO WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR https://www.haulhero.com/ AND HAUL HERO WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE TECHNOLOGY, THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. HAUL HERO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE TECHNOLOGY, THE SITE OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS, OR LINKS CONTAINED THEREIN FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK.
IN NO EVENT WILL https://www.haulhero.com/, AND HAUL HERO BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS TECHNOLOGY OR SITE.
USER ACKNOWLEDGES THAT https://www.haulhero.com/ MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF HAUL HERO AND WE HAVE NO CONTROL OVER THE NATURE AND CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN THEM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by posting to the Site. Notices we provide by posting will be effective upon posting.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to
Haul Hero LLC
P.O. Box 534
16105 Swingley Ridge Rd.
Chesterfield MO 63006
We update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Any questions about this User Agreement or to report breaches of this User Agreement may contact us at email@example.com
21. Refusal of Service.
Haul Hero reserves the right deny service to a User for any reason without notice. Haul Hero has the sole right to determine if a User has breached these terms and conditions. Further, Haul Hero may use any means necessary, including legal action, to terminate User’s access to the Technology, https://www.haulhero.com/ and any related services.
User agrees the User will not publicize or promote the Technology, including by going to the press, posting on social media or websites, or otherwise advertising or marketing the Technology in any manner, medium, and/or forum. User access to the Technology is subject, at the sole discretion of Haul Hero, to termination. Haul Hero and User agree and acknowledge this provision is a material term of the Agreement, the absence of which would have resulted in Haul Hero refusing to provide the Technology.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
24. Entire Agreement.
User agrees that terms and conditions and policies found elsewhere on represent the entire agreement between User and Haul Hero.