Terms and Conditions

The following paragraphs contain the general terms and conditions under which Collegeboxes, LLC ("CB") is engaged in the movement, transportation, storage of personal items including, but not limited to, packages, within the United States alone or jointly through interchange with its affiliates. CB reserves the right to amend any portion of this service explanation at any time. The most current service explanation may be found at the CB Web site (www.collegeboxes.com) and is available upon written request from the CB main office. Any terms for our shipment of goods via our shipping provider can be found at their Web site www.fedex.com or www.ups.com

  • Storage Services
  • Pickup Services
  • Delivery Services
  • Moving Off Campus
  • Access to Stored Items
  • Shipping Services
  • Ship To School Services
  • Supply Kits
  • CB Service Guarantee
  • Commodities Handled and Restrictions on Service
  • Packing Tips
  • Payment for Services
  • Pricing
  • Use of Independent Agents
  • Declared Value-Coverage Available
  • Declared Value-Coverage Description
  • Charge-backs and Reversals
  • Shipping Carrier Delivery Confirmation Policy
  • Claims
  • Abandonment
  • Waiver
  • Entire Agreement
  • Severability
  • Arbitration Agreement

Storage Services

Storage Services shall include the storage of the Customer's possessions at a storage facility chosen at the sole discretion of CB. The Customer shall present labeled packages and personal goods to movers at time of pickup or storage manager at time of drop off. CB shall transport these goods to an appropriate storage location chosen at the sole discretion of CB. CB will store the student’s items until customer selects or requests delivery or self-pickup of their items.

Pickup Services

CB may offer free, bulk, on-campus and near-campus pickups on pre-scheduled dates that coincide with the majority of student’s move-out at the end of most semesters/quarters. If there are no free pickups scheduled or the free pickups available do not work for a student, then a special pickup can be scheduled for an additional fee. Special pickup fees range from $200-$350 depending on the date and time requested. Student may also choose to self drop-off their items at the storage location for a $25 fee. In addition, students may choose to have their boxes, luggage, and trunks shipped via a CB-designated shipping carrier ("Carrier") to the CB storage location to be accepted and placed in storage, shipping charges apply. Special pickups, self drop-offs, and shipping to storage must be scheduled at least 7 days in advance. Customer agrees to be present to release their goods at the specified pickup/drop-off date, time, and location. Changes to the previously scheduled pickup/drop-off dates or location must be communicated by the Customer to CB at least 4 days prior to the earlier of the originally scheduled pickup/drop-off date and the new pickup/drop-off date. Changes made within 4 days of pickup/drop-off are not guaranteed. An additional change fee may be assessed as per the Pricing section below.

SIGN UPS WITHIN 7 DAYS OF PICKUP WILL BE CHARGED $25.00 LATE SIGN UP FEE.

Missed Pickups

In the event that the Customer is not present for the Customer’s scheduled pickup date and time, CB representatives attempt contact student before returning back to storage location and the Customer will have to reschedule the pickup. If this happens, the Customer will be responsible for paying a special pickup fee and or a missed pickup fee.

Delivery Services

CB may offer free, bulk, on-campus and near-campus deliveries on pre-scheduled dates that coincide with the majority of student’s move-in at the beginning of most semesters/quarters. If there are no free deliveries scheduled or the free deliveries available do not work for a student, then a special delivery can be scheduled for an additional fee. Special delivery fees range from $200-$350 depending on the date and time requested. Student may also choose to self pickup their items at the storage location for a $25 fee. In addition, students may choose to have their boxes, luggage, and trunks pulled from storage and shipped via a CB-designated shipping carrier ("Carrier") to their final destination, shipping charges apply. Special deliveries, self pickups, and shipping from storage must be scheduled at least 7 days in advance. Customer agrees to be present to receive the goods at the specified delivery date, time, and location. Changes to the previously scheduled delivery/pickup/ship date or location must be communicated by the Customer to CB at least 4 days prior to the earlier of the originally scheduled delivery/pickup/ship date and the new delivery/pickup/ship date. Changes made within 4 days of delivery/pickup/ship are not guaranteed. An additional change fee may be assessed as per the Pricing section below.

Missed Delivery

In the event that the Customer is not present for the Customer’s scheduled delivery date and time, CB representatives will bring the Customer's belongings back to storage location and the Customer will have to reschedule the delivery. If this happens, the Customer will be responsible for paying a special delivery fee and or a missed delivery fee.

Moving Off Campus

Customers moving off campus may only store shippable boxes, luggage and trunks with CB. The Customer is responsible for the shipping charges when the Customer’s items are shipped via a CB-designated shipping carrier ("Carrier") at the end of the contract to an off campus location. If a customer moves off campus and has non-shippable items in storage, the customer is responsible for picking up all non-shippable items from the storage location, or paying a special delivery fee. Off campus shipping, self-pickup, and special deliveries must be scheduled 7 days in advance.

Access to Stored Items

The Customer understands that access to goods in storage is permitted only with 7 days prior notice to CB and upon payment of all storage fees plus a $25 access fee as per the Pricing section below.

Shipping Services

CB shall act only as an intermediary for the receipt and forwarding of the Customer's shipping items to the CB-designated shipping carrier ("Carrier"). The Customer agrees to complete shipping labels provided by CB in a legible and complete manner prior to pickup of the goods by CB. CB will pickup and transport the shipping items to the Carrier. The Carrier will deliver the items to the address specified on the shipping labels approximately 10 business days after their pickup.

SHIPPING OF ALCOHOLIC BEVERAGES IS NOT ALLOWED USING CB SHIPPING SERVICE

Ship To School Services

CB shall receive packages shipped by the Customer at the CB-designated storage location using the ship-to-school shipping service. CB will inspect incoming packages for damage to the exterior packaging only. CB will not be responsible for any damages sustained during shipping to the storage location.

SHIPPING OF ALCOHOLIC BEVERAGES IS NOT ALLOWED USING CB SHIP TO SCHOOL SERVICE

Supply Kits

During the sign up process for all CB services customers may choose to order one (1) or more supply kits. Supply kit purchase is not required use of services.

Each CB Supply Kit includes five (5) double walled 4.0 cubic foot cardboard boxes measuring 24” x 18” x 16”, 1 roll of packing tape, and 1 permanent marker.

Each supply kit will be shipped to the Customer via Carrier to the address that the Customer provides during the order process. Supply kits are available to order up until 5 business days prior to the Customer’s pick-up date.

The Customer hereby authorizes CB to charge the Customer’s credit card or bank account for the price of the box kit and any additional supplies. Box kits are non-refundable and non-returnable.

CB Service Guarantee

Concerning the Customer's shipping items, CB assumes no liability for the failure to make any specified delivery time or for the successful completion of delivery of the items or the contents thereof.

The Customer recognizes that CB will not be held liable for damage to the Customer’s belongings after delivery has occurred. The Customer recognizes that only loss or damage caused by the negligence of CB will be covered by the CB declared value policy, as described in these Terms and Conditions. Only physical damage to the exterior of the item will activate any claim on the item.

CB guarantees on-schedule pickup of shipping and storage items and delivery of storage items. CB will provide the Customer with a maximum window of six hours during which pickup or delivery will occur. In the event CB fails to arrive to pickup or deliver the Customer's goods during the specified time window, CB will issue a credit equal to 5% of the total price of the Customer's order, if the CB fails to pickup or delivery the Customer’s goods during the specified day, a 20% refund will be issued for each day late. After 5 (5 days) a 100% refund will be issued. Guarantee is subject to the conditions below:

  1. The Customer was present in the Customer’s residence throughout the ENTIRE applicable time window.

    In the case of pickup, the Customer has all packages packed, labeled, and prepared for pickup prior to CB's arrival.

  2. In the case of the delivery of stored goods, the Customer has correctly labeled each of the Customer’s packages with the Customer’s name.

  3. CB is notified in writing or by telephone of a service failure within seven calendar days from the date of the scheduled pickup or delivery.

  4. The guarantee does not apply if the failure to perform within the pickup or delivery window is due to causes beyond CB's control including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the stored items; acts of God; public authorities acting with actual or apparent authority on the premises; acts or omissions of police or similar authorities; riots, strikes, or other labor disputes; civil commotions; disruptions in ground transportation networks, such as weather phenomena; and natural disasters.

Commodities Handled and Restrictions on Service

Since CB will act as an intermediary for our shipping Carrier, the Customer must be advised that our Carrier holds itself out to transport general commodities, as usually defined, subject to the restrictions that are available at their Web site. The Customer agrees to become familiar with the Carrier's restrictions prior to packing the Customer’s articles for shipping.

CB provides storage services subject to a number of restrictions. The Customer accepts full responsibility and liability for any damages or losses that result from the Customer's failure to adhere to these service restrictions. No storage service shall be rendered:

  1. In the case of articles of unusual value, or of single packages having a value of more than $1,000 (U.S), or of collective packages having a value of more than $6,000 (U.S.) plus $100 (U.S.) per package.

  2. For items containing valuables such as jewelry and collectibles.

  3. For hazardous materials and firearms.

  4. For any perishable items

  5. For any items that are prohibited by law or regulations of any federal, state, or local government in the U.S.

  6. For the transportation and storage of articles prohibited by CB's logistics vendors, a complete list of which is available on the CB Web site.

CB will not store or ship packages containing liquids (NO ALCOHOL), and the Customer acknowledges that the Customer is liable for any damage that the Customer’s storage contents may inflict on the property of others.

CB reserves the right to refuse any package that by reason of the dangerous or other character of its content, is liable, in the judgment of CB, to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impractical to transport, or that is improperly packed or wrapped. CB reserves the right to open and inspect any package tendered to it for storage or shipping.

Packing Tips

The Customer acknowledges reading and accepting the terms of the CB Packing Tips as found on the CB Web site and agrees that the safe packing of items is the sole responsibility of the Customer.

For shipping items, the Customer acknowledges that the Customer has reviewed the Carrier's packaging standards for shock, vibration and compression, which are available at the Carrier's Web site.

Payment for Services

The Customer agrees to pay the total cost of the services provided by CB based on the number and type of items tendered to CB at the time of pickup/drop-off, the exact services to be provided, and the prices contained on the CB web site. The Customer agrees to pay full storage term in full at time of pickup/drop-off (e.g. For Study Abroad Customers – spring and summer semesters are billed together at pickup/drop-off). The Customer further agrees to pay any applicable fees as specified in the Pricing section.

The Customer agrees to enter a valid credit or debit card at sign up to ensure proper credit for billing purposes and to reserve space for CB’s services.

All charges for services are due and payable immediately following the pickup/drop-off of the Customer's possessions. All accounts must be paid by credit or debit card following pickup/drop-off. The Customer hereby authorizes CB to charge the Customer-provided credit card or bank account for the balance owing for the services rendered and any additional fees.

Checks or cash are not accepted and should not be given to CB representatives under any circumstance.

Late payment / declined credit card fee. A $15 fee will be charged if payment cannot be processed within 5 days of pickup. An additional $30 declined credit card fee will be charged after second attempt to take payment, and a $45 declined credit card fee will be charged after the third attempt to take payment. Each addtional attempt to take payment will incur a $15 late payment fee.

The Customer acknowledges that the Customer remains indebted to CB for any balance owed on the Customer’s account as a result of invalid credit or debit card information, CB's inability to receive credit or debit card charge authorizations, or for any other reason that prevents CB from being paid for the services and any additional fees. If the Customer has failed to pay the charges for the services or any additional fees prior to the date of scheduled delivery of stored packages, CB reserves the right to hold the Customer's possessions until payment has been received in full. The Customer acknowledges that the Customer’s failure to pay the Customer’s account in full prior to the delivery date could result in a change in the delivery date and the assessment of additional fees. In addition, if the Customer has failed to pay charges for the services or any additional fees of the stored packages, CB may, without demand, sell or otherwise dispose of any or all of the Customer’s stored items at public or private sale upon such terms as CB may deem advisable. Notice of the time and place of any public sale, or of the time at which a private sale or other intended disposition of the stored items (or any portion thereof) is to take place, given at least ten (10) days in advance shall be deemed reasonable notice to the Customer. CB will apply the net proceeds of any sale of stored items, after deducting all costs incurred in connection therewith, including reasonable legal fees, to the payment, in whole or in part, of the payment obligations of the Customer to CB. If there is a surplus, CB will pay the amount of the surplus to the Customer. On the other hand, if the net proceeds of any sale of stored items are insufficient to cover the unpaid amount of al obligations then due from the Customer to CB, the Customer shall continue to be liable to CB for such deficiency and CB shall have full recourse against the Customer for the amount of such deficiency.

Pricing

Pricing for the services shall be in accordance with the pricing schedule contained on the CB Web site. In addition, CB will charge and the Customer will pay additional fees as described in this section. The purpose of the additional fees is to compensate CB for expenses it incurs beyond those associated with the provision of services according to standard procedures. Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt - up to $350, Access Storage Items - $25, Special Pickup Fee or Special Delivery Fee - up to $400, Late Change of Delivery / Pickup Day or Location - up to $350, Billing Fee - up to $50, Self Pickup / Drop-off fee - $25, Additional Abandonment Fees - Costs incurred when storage items are not claimed by the Customer.

Use of Independent Agents

CB uses vendors and other agents in performing the services for the Customer. The Customer acknowledges CB’s use of these third parties and agrees that the Customer has no contractual relationship with these third parties.

Declared Value - Coverage Available

CB automatically protects each CB storage and shipping package against loss or damage due to CB’s negligence up to a value of $100. Unless the Customer purchases additional declared value from CB, the Customer agrees that the released value of each package is no greater than $100 and that CB's liability is limited to $100.

To the extent that the Customer does not declare value for the full value of the Customer’s personal property stored or shipped with CB, the Customer hereby agrees to assume all risk of loss, including damage or loss by burglary, fire, vandalism, water or vermin. CB and CB's agents, affiliates, authorized representatives and employees will not be responsible for, and the Customer hereby releases each and all of them from, any loss, liability, claim, expense, damage to property or injury to persons that could have been declared (including without limitation any loss arising from the active or passive acts, omission or negligence of CB or its agents, affiliates, authorized representatives and employees).

CB strongly recommends the purchase of additional declared value in cases where the replacement value of the Customer's possessions exceeds $100 per package. Additional declared value is available at the rate specified in the pricing schedule contained on the CB Web site. The maximum amount of additional declared value is $900 for each stored package and $900 for each shipping package. There is also a maximum of $6,000 for the aggregate of the storage items.

To purchase additional storage declared value, the Customer must:

  1. Indicate the amount of declared value for each item in the CB inventory prior to the time of pick-up.
  2. Label each item to correspond with the itemization contained in the CB inventory.
  3. Confirm that declared value coverage has in fact been placed by reviewing the bill for services on the Customer’s CB account on-line and notifying CB of any omission or error within 14 days of the Customer’s pick-up date.

To purchase additional shipping declared valuation, the Customer must:

  1. Indicate the amount of declared valuation for each item in the designated field in the Customer’s CB inventory.
  2. Print and affix the shipping labels to the Customer’s correct packages.

Declared Value - Coverage Description

For shipping items, please refer to our Shipping Carrier's Web site to obtain complete information on their declared valuation provisions.

The basic and additional declared value for stored items provides coverage against damage or loss of the Customer's stored packages due to CB’s negligence. The declared value does not cover:

  1. Jewelry, coins, and collectibles.
  2. Cash.
  3. Damage to electronic equipment if there is no evidence of physical damage or breakage to the packaging container.
  4. Items of indeterminable value.
  5. Extremely fragile items (e.g. mirrors, glass, ceramics, etc).
  6. Improperly packed items.
  7. Concealed damage.
  8. Unpacked items, including furniture (sofa, chair, mattress, futon, box spring, dresser, table, etc) that is not wrapped and protected.
  9. Minor damage due to normal handling (including, but not limited to scratches, nicks, and cuts).
  10. Any damage caused by an event of force majeure.
  11. Damage to storage containers (e.g. boxes, trunks, etc.)
  12. Damages due to natural disasters, and any and all loss or damages occurring while the items are not in the possession of CB.
  13. Damages caused to particleboard and assembled furniture.

Damaged items must have evidence of physical damage to the exterior packaging of the item. CB cannot be held liable for concealed damage to items within a carton, trunk, or other casing without physical damage to the exterior of the package.

The Customer acknowledges that the Customer is liable for any damage the Customer’s storage contents may inflict on the property of others.

Notwithstanding anything to the contrary contained in this Agreement, CB's maximum liability for any damage, loss, cost, or expense incurred as a result of any storage by CB is limited by the terms included in this Agreement. All declared value coverage is expressly limited to the period in which the Customer's possessions are in the actual care and custody of CB.

Shipping Carrier Delivery Confirmation Policy

Because a variety of instances may occur at your address that are beyond our control, customers agree that any delivery confirmation (even without a signature) provided by the selected shipping carrier is deemed sufficient proof of delivery to the card holder.

Charge-backs and Reversals

We handle all charge-backs and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and criminal case against a customer if there is fraudulent use or theft of product(s).

PLEASE NOTE:

Packages marked "Return to Sender" will NOT be processed or refunded. Please be aware that shipping and handling fees are non-refundable.

Claims

The Customer agrees to make a claim for any loss first against any declared valuation carried by the Customer or the Customer's parents, if available. The Customer will make claims against CB only after exhausting other areas of coverage.

In the case of damage to stored packages, any damaged cartons must be inspected in the presence of a CB representative at the time of delivery to confirm damage. All damaged boxes must be opened at the time of delivery, at which time the CB representative will document the damage. For loss of stored packages, the Customer must notify the CB representative of the loss at the time of delivery of the other packages and sign the delivery receipt amended for the lost package. The missing items must be noted on the form and signed off by the CB representative.

If the Customer is not present during the time of delivery, the condition notes recorded on the contract, if any, will determine the existence and extent of damage or loss.

Claims for loss of, or damage to, the Customer's property must be filed with CB by requesting a claims form from CB. Claims shall be deemed waived if not filed within 10 days following delivery of the damaged package or, in the case of a lost item, within 10 days following the scheduled delivery of the missing item. Upon receipt of a completed Claim Form and all required documentation, CB will process the claim and issue a formal reply to the Customer within 30 days of receipt of the Claim Form and documentation. CB will pay the lesser of the following claim amounts:

  1. The cost of reasonably restoring the property to its condition immediately before the move (applies only in the case of damaged items)
  2. The original cost or replacement value of the property.
  3. The amount of declared valuation on the package, which is:
    • $100 if no additional declared value was purchased, or
    • The lesser of:
      • $1,000 (the maximum single item coverage) or
      • The amount of additional declared value the Customer purchased for the item plus the $100 of free declared value.

It is hereby expressly agreed that CB shall have no liability if any claim is denied or paid in part by the Shipping Carrier or its declared valuation company.

Abandonment

Without limiting the right of CB to conclude for other reasons that the Customer will not be returning to school, the Customer agrees that the Customer’s failure to be present on the scheduled delivery day and the Customer’s failure to communicate with CB concerning an alternate delivery arrangement constitutes abandonment of their stored possessions.

In the case of abandonment of the Customer’s possessions, the Customer agrees to pay CB for all charges and fees relating to the failed delivery attempt and for any disposal fees of the Customer’s items. CB has the right to assume ownership of the abandoned property on December 30th of the service year if the Customer has failed to contact CB about delivery and/or has not paid for current storage fees.

Waiver

Except as specifically provided in this Agreement, the Customer waives any claims for damage or loss of any article against CB and its employees. The Customer expressly releases and agrees to hold CB, and its agents and employees harmless from any and all costs of processing any claim or defending any claim arising from this Agreement. The Customer expressly acknowledges that CB is not a professional mover or common carrier and waives the right to hold CB to any laws or standards governing movers or carriers.

Entire Agreement

The Customer acknowledges that there are no representations, warranties, or agreements by or between the parties that are not fully set forth herein and no representative of CB or CB's agents is authorized to make any representations, warranties, or agreements other than as expressly set forth herein. This Agreement may be amended only by a writing signed by the parties.

Severability

Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

Claims for loss of, or damage to, a single item of Customer’s Property (hereinafter “Property Claim”)

A. A Property Claim must be filed with CB by requesting a “Loss or Damaged Item Claim Form” (hereinafter “Property Claim Form”) from CB. Upon receipt of a completed Property Claim Form and any required documentation, CB will process the claim and issue a formal reply to the Customer within 30 days of receipt of the Property Claim Form and documentation.

B. The Customer agrees that a Property Claim shall me made first against any Customer Declared Valuation as follows:

  1. $100 of Free Declared Value, and;
  2. If additional Customer Declared Value was purchased for the item, then the lesser of:
    • $1,000 (the maximum single item coverage), or
    • The amount of Customer Declared Value purchased for the item

C. In addition to the Free Declared Value and if applicable the Customer Declared Value above, Customer agrees that CB, but only in its sole discretion, may pay either of the following amounts to satisfy the Property Claim:

  1. In the case of a damage to an item, the cost of reasonably restoring the property to its condition immediately before the move.
  2. In the case of a loss of an item, the current and actual cash value of the property.

It is hereby expressly agreed that CB shall have no liability if any claim is denied or paid in part by the Shipping Carrier or its insurance company.

The Customer agrees that if a Property Claim is not resolved pursuant to the process above, then that Property Claim shall be specifically subject to the College Boxes, LLC Arbitration Agreement as set forth below.

The Customer agrees that any and all other claims (i.e. non Property Claim(s)) shall be specifically subject to the College Boxes, LLC Arbitration Agreement as set forth below

COLLEGE BOXES, LLC ARBITRATION AGREEMENT

Please read carefully. This mandatory agreement affects your rights.

By agreeing to purchase the Services (“Services” as defined below) from College Boxes, LLC (as defined below and hereinafter “CB”),You (“You” as defined below) agree to the terms and conditions of this Arbitration Agreement (“ Arbitration Agreement”).

  1. CB and You agree that the Services have an effect on interstate commerce. Therefore, CB and You agree that this Agreement shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.

  2. You and CB agree that any and all Claims (“Claims” as defined below) between You and CB relating in any way to your purchase of, or use of, the Services from CB shall be submitted to binding Arbitration before the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules (www.adr.org/consumer) and the AAA Commercial Arbitration Rules for Large, Complex Matters (www.adr.org/commercial) (Claims seeking $500,000 or more). AAA Rules are also available at www.uhaul.com/arbitration. Judgment may be entered on the Arbitration award by a Court of competent jurisdiction. You and CB agree that Claims submitted to Arbitration shall be decided in a single arbitration before a single Arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators have the authority to award the same damages and relief that a court can award.

  3. CB AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. CB AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, CB AND YOU AGREE THAT NEITHER YOU NOR CB MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION NOR MAY ANY SUCH CLAIMS BE PURSUED ON EITHER OF OUR BEHALF IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.

  4. You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement, which waives your right to file a lawsuit in court (except for small claims), and chose to purchase the Services from CB rather than one of its competitors who may not have an arbitration agreement.

  5. In the event this Agreement conflicts with any Arbitration Agreement in the Storage or Moving Contract or elsewhere, this Agreement shall control.

DEFINITIONS:

“Services” means the pick up and/or storage and/or delivery and/or shipping and/or moving of Your goods by CB and/or the purchase of packing supplies by You from CB.

“College Boxes or CB” means College Boxes, LLC and all of its parent corporations and each of their respective subsidiaries, insurers, affiliates, agents, independent contractors and dealers.

“You” means You and Your respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, relatives, spouse, beneficiaries, estate, domestic partners, heirs and assigns, as well as all authorized or unauthorized users of the Services purchased from CB.

“Claims” is to be broadly interpreted to include any dispute, claim or cause of action arising out of or relating to, Your dealings with CB, including but not limited to, the reservation and/or reservation process, use of any CB website, advertising, rental or sales contract, or any purchase or use of the Services. Claims also include any and all legal theories, including but not limited to, all statutory and tort claims, that may be asserted by You.

RULES APPLICABLE TO ALL CLAIMS:

Notice and Demand Procedure. If You intend to seek Arbitration, You must first send by certified mail, a written Notice of Dispute ("Notice") to: College Boxes, LLC Arbitration, 2721 North Central Ave., 5th Floor, Phoenix, AZ 85004 (“Notice Address”). You may obtain a form Notice at www.collegeboxes.com/arbitration. If CB and You do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon CB’s denial of Your Claims, You or CB may commence an Arbitration proceeding by filing a Demand for Arbitration (“Demand”). You may download a form Demand at www.collegeboxes.com/arbitration. During the Arbitration, the amount of any settlement offer made by CB or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which You or CB is entitled.

Arbitration Rules. The AAA Consumer Arbitration Rules apply in the arbitration of all Claims with the following exceptions:

  1. Small Claims Court Option. For claims that do not exceed the jurisdictional limit of small claims court, You or CB may bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply. If You elect this option and the small claims court find in Your favor on the merits of Your claim, CB shall reimburse your filing and service of process expenses up to $500 and pay You $500 in addition to what You are awarded (“Small Claims Premium”).

  2. Arbitrator Selection. For Claims seeking less than $500,000, after consumer and business filing fees have been paid, AAA will send the parties a list of five (5) qualified Arbitrators from its National Roster. If the parties do not agree on the Arbitrator within 14 calendar days from the date both parties have received the list, then the AAA case administrator shall conduct a telephone conference during which You and CB will alternately strike names from the list of Arbitrators, with You striking the first name, until one Arbitrator’s name remains. If such Arbitrator is not available or declines to serve, AAA shall generate another list, and the selection process shall be repeated.

  3. Claims seeking $75,000 or less. After CB receives the required Demand for Arbitration that You have commenced Arbitration, it will reimburse You for your payment of the filing fee. The Arbitration will take place in the County (or Parish) where You reside at the time of the purchase of the Services, unless otherwise agreed in writing by You and CB. CB waives any right to recover attorneys’ fees or costs from You except as expressly provided in this Agreement. If the Notice procedure above was followed and: a) CB did not make a written offer to settle the dispute up to 14 days before the arbitration hearing, and the Arbitrator awards you any relief on the merits; or b) after finding in Your favor in any respect on the merits of Your claim, the Arbitrator issues You an award that is greater than the value of CB’s last written settlement offer made up to 14 calendar days before the arbitration hearing, then CB will: i) pay You the amount of the Arbitrator’s award or $7,500, whichever is greater (“Alternative Payment”), and; ii) pay Your attorney, if any, the amount of reasonable attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrued for investigating, preparing, and pursuing Your Claim in Arbitration (“Attorney Premium”) and which are presented to U-Haul within 14 calendar days of the Award. The maximum payment of attorney’s fees and expenses under the Attorney Premium shall be the amount of the Arbitrator’s award.

  4. Claims seeking $15,000 or less. In addition to sub-paragraph “c” above, You may choose whether the Arbitration proceeds in person, by telephone, or based only on written submissions.

  5. Claims seeking at least $500,000. The AAA Rules for Large, Complex Commercial Disputes shall apply. A single Arbitrator shall preside over the arbitration, except that You or U-Haul may elect to proceed before a panel of three (3) Arbitrators. Payment of all fees will be governed by AAA Rules. The Arbitration will take place in the County (or Parish) where You reside at the time of the purchase of the Services, unless otherwise agreed in writing by You and CB. The Federal Rules of Evidence shall apply unless otherwise agreed to in writing by You and CB.

Arbitrator’s Authority. The Arbitrator shall:

  1. Be bound by the terms of this Agreement;
  2. Decide all issues based on the evidence and arguments submitted by a party, except issues relating to the scope and enforceability of the Arbitration Agreement (including but not limited to the enforceability of the individual action requirement of paragraph 3, above) which shall be for a Court of competent jurisdiction to decide;
  3. Issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and to identify the specific types of damages awarded, if any;
  4. Award any form of individual relief, including equitable relief, injunctions, and other relief available under applicable law;
  5. Make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Premium at any time during the proceedings;
  6. Apply a statute of limitations to all Claims as though such Claims were brought in an appropriate court of competent jurisdiction;
  7. Participate in a post-decision Arbitrator Interview for the purpose of providing candid feedback to a party concerning the effectiveness and persuasiveness of its presentation of evidence and arguments. Such Arbitrator Interview shall be held after the final conclusion of the matter and be conducted telephonically or in-person at the election and expense of the requesting party. The Arbitrator will be compensated at the hourly rate that prevailed during the arbitration proceedings. Nothing in this section requires an Arbitrator to communicate in a way that violates ethical standards. Nothing disclosed by the Arbitrator in the Arbitrator Interview may be used as a basis to challenge the Arbitrator’s decision.
  8. Retain jurisdiction to resolve issues between the parties concerning interpretation and application of the decision. Such post-decision issues shall be resolved based on written submissions only. A deposit for the arbitrator’s time to resolve a post-decision issue shall be set by the arbitrator and advanced by the requesting party with such deposit reimbursable in whole or in part at the arbitrator’s discretion.

Confidentiality. In order to protect the confidential, proprietary, and trade secret information of the parties, CB and You agree to enter into a Confidentiality Agreement as negotiated by CB and You. If CB and You cannot agree on the Confidentiality Agreement, the Arbitrator shall have the sole responsibility for determining the appropriate scope of the Confidentiality Agreement. In no event shall the Confidentiality Agreement in any way prevent CB or You from using any document marked as “confidential” in an Arbitration proceeding under this Agreement, subject to any ruling on admissibility by the Arbitrator.

AAA and Arbitrator Fees. Current filing fees are available at www.adr.org Except as otherwise provided in this Agreement, CB will pay all AAA filing, administration, and arbitrator fees to a maximum of $5,000 for any Arbitration initiated in accordance with the Notice Procedure above. The Arbitrator shall have discretion to determine how fees in excess of $5,000 shall be attributed between CB and You and whether any portion of fees prepaid by CB shall be reimbursed by You to CB.

Attorneys’ Fees and Costs. Nothing in this Agreement limits the right to attorney’s fees and expenses You may have under applicable law. However, You may not recover duplicative awards of attorney’s fees or costs. Although under some laws CB may have a right to an award of attorney’s fees and expenses if it prevails in Arbitration, CB agrees that it will not seek such an award unless the Arbitrator determines that your Claims or relief sought are frivolous or brought for an improper purpose as measured by the standards set forth in Federal Rules of Civil Procedure 11(b).

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