Terms of Service
This following user agreement describes the rights, obligations, and responsibilities of Dude I Need A Truck (DINAT), and all parties to this Agreement.
Welcome to the Dude user agreement (the “Agreement” or “Terms of Service”) for DINAT (the “DINAT Network”), an application owned and operated by Dude I Need A Truck Inc., a Delaware corporation. This Agreement is a legally binding agreement made between you, the Dude, or you, the User (“You,” “Your,” or “Yourself”) and Dude I Need A Truck, Inc. (“Dude I Need A Truck,” “DINAT,” “We,” “Us” or “Our”).
DINAT is willing to allow you to participate in the DINAT Network only upon the condition that You accept all the terms contained in this Agreement. This is not an agreement to allow you to license, sell, or own any part of the DINAT Network but only a permissive use contract. By signing up with or by using the DINAT Network, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then DINAT is unwilling to allow you to participate in the DINAT Network.
The Dude I Need A Truck Network is a web application platform (herein referred to as “DINAT Network”) that provides a means to enable businesses who seek assistance in connection with the staging or moving to certain destinations (“Users”) to be matched with persons willing to drive the items and assist with the move of or messengering of such items to those destinations (“Dudes”). For purposes of this Agreement these services shall collectively be defined as the “Services.” This Agreement describes the terms and conditions that will govern Your use of, and participation in, mobile application platform known as the DINAT Network.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in Dude I Need A Truck and a User of Services available on the DINAT Network (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
If You do not agree to be bound by the terms and conditions of this Agreement, please do not use or access DINAT or register for the services provided on DINAT. We may amend this Agreement at any time by posting the amended terms on the DINAT Network. If We post amended terms on the DINAT Network, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the DINAT Network. This Agreement may not be otherwise amended except in writing signed by You and DINAT.
DUDE I Need A Truck works with Home Stagers (“Stagers”) to provide trucks and manpower to assist with their staging and destaging needs.
Scope of Work
Staging Scope of work:
● DUDE team arrives with the Truck(s) at designated time and pre-scheduled place.
● DUDE team will then pack the truck and then the DUDE team leaves the warehouse to Stage the requested home.
● DUDE team assess the house and takes pictures or videos of each room and locates any damage to home or furniture to protect Stager and DUDE I Need A Truck.
● DUDE team will prep the house for staging
● DUDE team unloads truck and moves the furniture into the house and places furniture within the house at the direction of the home stager
● DUDE team completes job and leaves to return truck.
DeStaging Scope of work:
● DUDE team arrives with the Truck(s) at designated time and pre-scheduled place.
● DUDE team assess the house and takes pictures or videos of each room and locates any damage to home or furniture to protect stager and DUDE I Need A Truck.
● DUDE team will then pack the truck and then The DUDE team leaves the house and returns to the warehouse
● DUDE team will unload the furniture into the warehouse
● DUDE team completes job and leaves to return truck.
Home Stager Assumption & Responsibilities:
● Home Stager shall provide and be responsible to provide direction when there are special requests.
● Home Stager will provide DUDE I Need A Truck as much notice as possible in terms of assigning jobs and will assign jobs at the latest 2 days prior to the job using the DUDE I Need A Truck Platform.
● Home Stager will provide the start-time, the starting point, the ending point and all way-points of the jobs at the latest 5pm PST the day prior to the job using the DUDE I Need A Truck Platform.
● Home Stager will provide the number of DUDES and trucks needed for the job at the latest 5pm PST the day prior to the job using the DUDE I Need A Truck Platform.
● Home Stager will send any updates or changes to a job to firstname.lastname@example.org as soon as they are notified of a change
● Any jobs submitted in the DUDE MVP after 6pm the night before a job will incur a 15% surcharge
If a job is cancelled within 2 hours prior to a previously scheduled job’s start-time, the Home Stager will be billed for truck rental fees for that day (if incurred), plus 1 hour of DUDE time.
If a job is cancelled after a scheduled start-time, the Home Stager will be billed for truck rental fees for that day and the time worked by the DUDES.
Terms of Payment:
● Payment will be made within 7 days of invoice
● Payment will be made via ACH
Both Parties will make a best effort to comply with the following time-frames. It is understood that both parties will work to mitigate each other’s liability the best they can.
● Home Stager will notify DUDE I Need A Truck of any damages thought to be due to DUDE I Need A Truck within 24 hours of a completed job
● DUDE I Need A Truck requires that we have a chance to review damages and accept or contest damages within the following 48 hours
● DUDE I need A Truck will have the opportunity to provide a 3rd party quote on damages within 7 days of notification to DUDE.
● If Damages are accepted by DUDE I Need A Truck, DUDE I Need A Truck will work with Home Stager to quickly resolve the damage as soon as possible and as reasonably as possible.
● If DUDE causes damages we will immediately notify Home Stager of the damage
● DUDE Community Manager will initiate and interact with Home Stager to resolve damages
DUDE Limits of Liability:
● DUDE I Need A truck liability for lost or damaged items is limited to $.60 per pound per article.
● Liability is limited to $100.00 for damage to floors, walls, doors, and painted surfaces or property.
● DUDE I Need A Truck Maximum Liability is limited to a total of $500 per job which includes damage to any items and property.
● Total liability for accessories NOT packed by DUDE I Need A Truck is $50
● DUDE I Need A Truck will not be responsible for damage caused by non-routine moving including but not limited to, standing pieces on end, sharp turns, over-crowded work areas, difficult stairways, snags and sharp edges in work areas and doorways, handing over balconies, railings, etc., tight squeezes, and damage caused by weather. You will be asked to sign a waiver if we agree to attempt any non-routine moving request.
● DUDE I Need A Truck may use dollies to facilitate removal or placement of appliances, etc., and damage that may result to soft floors, such as, but not limited to, indentation, scuff marks, etc., are not the responsibility of DUDE I Need A Truck.
● DUDE I Need A Truck will not move Piano’s, grandfather clocks, Pool tables or items in excess of 300lbs or items in excess of $3,000. Company will be responsible for notifying DUDE I Need A Truck in writing of any item in excess of $3,000.
● Company will be responsible for notifying DUDE I Need A Truck in writing of any item in excess of $3,000.
● DUDE I Need A Truck will not do anything that we feel is unsafe.
Customized SLA Agreement:
Some home stagers have signed a customized SLA agreement with DUDE I Need A Truck. Any custom agreements between DUDE I Need A Truck and the Home Stager signed after October 18th 2017 will supersede this agreement ONLY with regards to Limits of Liability and Pricing. All other Terms in this document will apply.
Any controversy or claim arising out or relating to this contract or the breach thereof, shall be settled by arbitration administered by the American Arbitration under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Dude Representations and Warranties
By using the Service, a Dude driver represents, warrants and agrees that:
● Dude driver is at least 21 years of age
● Dude driver has the ability to lift and carry items that may be up to or exceed 100 pounds.
● Dude driver will not allow any User to sit, ride, or occupy the Dude’s vehicle as part of the hauling services.
● Dude driver possesses a valid driver’s license and is authorized to operate a motor vehicle.
● Dude driver owns, or has the legal right to operate, the vehicle. Such vehicle to be used for providing services shall be manufactured no earlier than 2000, shall be in good operating condition, and shall meet the industry safety standards and all applicable statutory and state department of motor vehicle or highway patrol requirements for a vehicle of its kind. Vehicle requirements are subject to change on a case-by-case basis.
● In the event of any claim or a motor vehicle accident, Dude driver will be solely responsible for reporting said incident in compliance with the requirements of any applicable statutory or department of motor vehicles requirements or as required by User’s insurance company. Further, Dude driver shall report any and all said incident, claim, or accident promptly with Dude’s driver insurance carrier.
● Dude driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
● Upon arrival, Dude driver will inspect, will take a photograph, and note any preexisting damage that is evident of any and all items to be transported, moved, relocated, or the messengered to the extent such items are already damaged. In the event the User claims its items were damaged in transport, the Dude driver will note and describe the alleged damages, photograph the same and immediately notify DINAT.
● In the event, cargo to be transported, moved, relocated, or messengered is in a sealed box or cannot otherwise be identified by the Dude driver, User agrees that the maximum claim for damage may be made in such an event up to $50.00.
● Dude driver will not make any representations regarding DINAT, or the DINAT Network. The Dude driver will not make any representations concerning the Services or Dude’s status as a Dude.
● The Dude driver will further not offer or provide transportation or moving service for profit, as a public carrier, moving company, or taxi service, charge for hauls or services or otherwise seek non-voluntary compensation from Users, or engage in any other activity in a manner that is inconsistent with such Dude’s obligations under this Agreement.
● Dude driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law or State or Federal Constitution.
All Dudes undergo extensive criminal and motor vehicle background checks before they are allowed access to the Dude network.
DINAT E-Mail & Text Communications
E-mail communications and text messages sent from Us or through Us are designed to make Your DINAT experience more efficient. By becoming a User and/or Dude, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Dudes or Users and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. DINAT reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The DINAT Network contains (or You may be sent through the DINAT Network or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the DINAT Network or any Third Party Applications, Software or Content posted on, available through or installed from the DINAT Network, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the DINAT Network and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the DINAT Network or relating to any applications You use or install from the DINAT Network.
In the event that You have a dispute with one or more Users or against one or more Dudes, You agree to release DINAT (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or Dudes or to Your use of the DINAT Network or the Services. If You are a California resident, You waive California Civil Code Section 1542, which says: “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.”
Resolution of Disputes and Legal Claims
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Los Angeles, California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. The prevailing party in any such arbitration will be entitled to recovery all reasonable attorney fees and costs incurred in the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the DINAT Network and/or the Services (including Your use of the DINAT Network and/or the Services) be instituted more than three years after the cause arose.
Notices and Complaints
Except as explicitly stated otherwise, any notices to DINAT shall be given by certified mail, postage prepaid and return receipt requested to DINAT, at 16530 Ventura Blvd #502, Encino, CA 91436 any notices to You shall be provided to You through the DINAT Network or given to You via the email address You provide to DINAT during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to DINAT during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should contact Our Customer Service Department by email at email@example.com
Your Information is any information You provide, publish or display (“post”) to the DINAT Network or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the DINAT Network, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by DINAT, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and DINAT with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Data We Collect From You
In order to operate the DINAT Network and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the DINAT Network) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with DINAT and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your DINAT account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories: “non-public information”, which consists of moving transaction information and one-on-one communications between You and other users of the DINAT Network; and “public information”, which consists of all other demographic information. Please note that nowhere on the DINAT Network do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the DINAT Network, to contact You in connection with Your transactions and other activities on the DINAT Network (including, but not limited to, confirmation emails, or important news that could affect Your relationship with DINAT), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We may keep the photos you submit that are the subject of a move for purposes of keeping a transaction history, for insurance purposes, and for obtaining statistical information for use of the Services.
To operate the DINAT Network, including processing Your transactions and supporting Your activities on the DINAT Network, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the DINAT Network, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other Networks (such as discount or rewards programs), offered or sponsored by third parties on the DINAT Network, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
How We Use Demographic Data
How To Edit Your Information
DINAT provides You with the ability to access and edit Your personal information. So that We can protect the integrity of sensitive data, there are certain pieces of information that You cannot alter Yourself. Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of DINAT upon submission. Keep this in mind if You decide to communicate personal information through any of these applications. To remove Your personal information, email firstname.lastname@example.org with the subject “Remove personal information”
DINAT provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. DINAT gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
Special Cases in Which We Share Personal Information
Our Security Precautions
Your DINAT Profile is password-protected so that only You and authorized DINAT employees have access to Your account information. If You have registered for DINAT using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. DINAT staff will never proactively reach out to You and ask for any personal account information, including Your password If You share a computer, You should sign out of Your DINAT account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
DINAT has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.