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
  • Packing Services
  • 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.

Packing Services

In the event Customer engages CB to perform certain packing services of Customer’s items, Customer acknowledges and agrees to the following terms:

  1. Liability Exclusions. CB shall not be liable for:
    1. Any loss of or damage to documents, currency, money, jewelry, precious stones, firearms, works of art, or items of extraordinary value;
    2. Mechanical or electrical functioning of any item, such as but not limited to, radios, phonographs, television sets, computers, clocks, barometer, game consoles, mechanical refrigerators or air conditioners, or other instruments or appliances. The items often fail for reasons other than transportation, or from normal vibration incident to transportation. Proper serving before and after packing/shipping is the Customer’s responsibility;
    3. Damages to furniture manufactured utilizing particle board or press board;
    4. Loss or damage resulting from insects, moth, vermin, ordinary wear and tear, rust, tarnish, corrosion, fire, water, mold or mildew, any deterioration linked directly to ingress of water, changes of temperature, fumigation, deterioration or the nature of the property or defect, or inherit vice of the item; and
    5. Lost or missing items; and
    6. Items which have a pre-existing defect or are inherently defective.
  2. Extent of CB’s Liability For Loss Or Damage.
    1. For items packed by CB with CB’s packing materials, CB shall be liable for damages only in the event that it is established that the packing of Customer’s items was done in a negligent manner or that CB’s packing materials were not adequate to properly protect Customer’s goods from foreseeable risks and that such was the sole proximate cause of the damage to the goods. The maximum extent of CB’s liability shall be the depreciated value, not replacement cost of any damaged goods. Damage to one component of a set shall not result in damages based upon the value of the entire set, but only the value of the damaged individual article.
    2. For goods packed by CB with Customer’s packing materials, CB shall not be liable for any damages unless it is established that the packing of Customer’s items was done in a negligent manner and that such was the sole proximate cause of the damage to the goods.
    3. For items unpacked: CB shall be liable only for items damaged due to CB’s actual negligence, which shall be the burden of Customer to establish by direct evidence. In such event, the maximum extent of CB’s liability shall be the depreciated value, not replacement cost of any actual individual article damaged. Damage to one component of a set shall not result in damages based upon the value of the entire set, but only the value of the damaged individual item.
    4. In all instances CB shall have the right, at its sole discretion, to repair any damaged article or item or replace same with a new or used article or item of like type, kind and quality.
    5. CB shall have no liability for any damage to any premises where CB has been directed to perform services by Customer except in the event that such damage is caused solely by a willful, wanton or reckless act by CB.

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 engaging in a “Transaction,” “You” and “CB” voluntarily and knowingly enter into this Agreement which waives your right to sue and bring claims in court, other than as stated below, or have a jury resolve any dispute:

Each party will pay its respective filing fees and its pro rata share of AAA and Arbitrator fees and expenses. All CB entities will be considered one party for purposes of the allocation under this paragraph.

  1. Except as expressly provided in this Agreement, “Claims” shall not be pursued in court (except “Small Claims”), but shall be decided by binding arbitration administered by the American Arbitration Association in accordance with its AAA Consumer Arbitration Rules (http://www.adr.org/consumer), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  2. For purposes of this Agreement, the following definitions shall apply:
    1. "Claims" is broadly interpreted to include any dispute, complaint, controversy, or cause of action related to your Transaction and to CB. Claims, including assigned claims, brought under any legal theory, whether at law or in equity, are covered by this Agreement and shall include, but not be limited to, all statutory and tort claims, that may be asserted.
    2. “Services” means the pick-up and/or storage and/or packing 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 related to your Transaction.
    3. “Small Claims” means a lawsuit filed in a local court that has jurisdiction to decide cases involving relatively small amounts of money damages.
    4. “Transaction” means the commencement, completion, or fulfillment of: A) the reservation and/or reservation process, advertising, rental or sales contract; B) any purchase or use of the Services; and/or C) the use or review of the content of any CB website.
    5. "CB" means all subsidiaries, related companies, insurers, parents, agents, affiliates, and/or independent dealers of Collegeboxes, LLC, and each of their respective officers, directors, shareholders, managers, employees and other representatives who had anything to do with Your Transaction.
    6. "You" means the person who engaged in a Transaction and (as applicable) Your respective subsidiaries, affiliates, agents, employees, persons related to You, and Your beneficiaries, estate, spouse, domestic partner, heirs, assigns and other successors-in-interest, as well as all authorized or unauthorized users of the Equipment. “Your” refers to “You.”
  3. CB and You agree that a CB Transaction affects interstate commerce and that this Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C ch. 1, et. seq.
  4. You acknowledge and agree that You have voluntarily chosen to engage in a Transaction with CB rather than a competitor who may offer comparable goods and services but may not require binding arbitration. Arbitration is less formal than court; uses a neutral arbitrator instead of a judge or jury; allows limited discovery; and is subject to limited judicial review. The decision of an arbitrator may be?entered and enforced as a final judgment in a court of competent jurisdiction.
  5. Claims may only be brought in an individual capacity and in the name of an individual or entity, and may not be joined or consolidated with the claims of any third party unless they arise from the same Transaction, nor may any Claims, including assigned claims, be pursued in court. Claims must proceed on an individual and non-class and non-representative basis. No Claim may be pursued as a class or other collective action. No Claims may be brought in a representative action such as a private attorney general action, or other representative basis. The Arbitrator shall have authority to issue any relief that a court of competent jurisdiction could have awarded only to You or CB individually on a non-class and non-representative basis. If any provision in this paragraph 5 is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and therefore that claim must be proceed in a court of competent jurisdiction.
  6. If this Agreement conflicts with any arbitration provision in the Storage or Moving Contract or elsewhere, this Agreement contains the most recent reiteration of the Agreement and therefore supersedes all prior arbitration provisions and shall control.
  7. Unless otherwise provided in these rules or by mutual agreement, AAA Consumer Arbitration Rules (http://www.adr.org/consumer) will apply to the arbitration of all Claims.
  8. Notice and Demand Procedure
    1. Notice of Dispute (“Notice”): Before starting arbitration proceedings, the party asserting a Claim subject to this Agreement must give written notice by certified or electronic mail sent to the party or parties against whom a claim is asserted. Notice to CB shall be sent to: CB Legal Dept., 2727 N. Central Ave., Phoenix, AZ 85004 or by electronic mail to: legal@uhaul.com. A form for providing Notice to CB and related information is found at www.uhaul.com/Arbitration/Forms.aspx. Notice to You shall be sent to the address provided by You to CB in connection with the Transaction or to other address provided by You to CB. After Notice of a claim is given, the parties shall attempt to resolve the Claim within sixty (60) days from the receipt of the Notice.
    2. Demand for arbitration (“Demand”): If Claims are not resolved within sixty (60) days of receipt of the Notice, or immediately upon the unequivocal rejection of any Claim(s), You or CB may request arbitration by filing a demand with the American Arbitration Association. A Demand form and related information can be found at www.uhaul.com/Arbitration/Forms.aspx, and shall include an amount requested in the Demand.
  9. Special rules for Claims seeking $75,000 or less:
    1. AAA Consumer Filing Fee. If You followed the Notice and Demand Procedure as provided above and paid a filing fee, CB will reimburse You the amount of that fee.
    2. Alternative Payment and Attorney Premium. If You followed the Notice and Demand Procedure set forth above, and the Arbitrator issues an award on the merits of Your Claims that is greater than the value of CB's last written settlement offer sent to You at least fourteen (14) calendar days before the hearing (or submission of documents in a Documents-Only procedure), then CB will:
      1. pay the award or $7,500, whichever is greater (“Alternative Payment”); and
      2. pay Your attorney, if any, reasonable attorney’s fees, and reimburse expenses (including expert witness fees) that You reasonably incurred for investigating, preparing, and pursuing Your Claims (“Attorney Premium”). To qualify for payment, expenses must be itemized and submitted to CB within fourteen (14) calendar days of the award. The maximum payment under the Attorney Premium is the amount of the award.
  10. Special rules for Claims seeking at least $500,000 or more:
    1. You or CB may elect to proceed before a panel of three (3) arbitrators. If a Party elects to proceed before a panel of three (3) arbitrators, said election shall be made at the time of filing the Demand. Responding Party shall have thirty (30) days from the filing of Your Demand to elect to proceed before a panel of three (3) arbitrators.
    2. The Federal Rules of Evidence shall be applied in the arbitration proceedings to the same extent as if the Claims had been filed in federal court in the jurisdiction in which the Arbitration proceeds.
    3. Upon request of a party and good cause shown, the Arbitrator will:
      1. permit each party to submit at least one dispositive motion;
      2. permit each party to serve interrogatories, requests for admission, and requests for production and determine the scope, schedule, and amount of same;
      3. permit at least one deposition of each party; determine the necessity of any additional depositions; and allocate the cost of taking deposition(s); and
      4. permit written submissions and determine the staggered schedule for such submissions.
  11. Arbitrator Selection. Unless otherwise agreed in writing by You and CB, AAA shall transmit simultaneously to each party an identical list of up to ten (10) qualified arbitrators chosen from the AAA National Roster of Commercial Arbitrators. The parties may agree on an Arbitrator and advise AAA of their agreement. If the parties do not agree, each party will have fourteen (14) calendar days from the transmittal date of the list of arbitrators in which to strike the names of arbitrators, number the remaining names in order of preference, and return the list directly to AAA. If a party does not return the list within the time specified, all persons on the list will be deemed acceptable to that party. From among the persons who have been approved by both parties, and in accordance with the designated order of mutual preference, the AAA shall appoint an Arbitrator to serve. If for any reason appointment cannot be made from the submitted lists, AAA will repeat the process set forth in this paragraph 11 until the Arbitrator is selected.
  12. Prior Settlement Offer. Prior to an arbitration decision, the parties shall not disclose to the Arbitrator any communications related to an offer of compromise unless accepted by all parties.
  13. Location of Arbitration Hearing/Governing Law. The Arbitration shall take place in the County (or Parish) where You reside, either at the time of the commencement or completion of the Transaction, unless otherwise agreed in writing by CB and You. This Agreement shall be interpreted and construed in accordance with the law of the State where the Arbitration takes place. Any and all Claims arising out of or relating to this Agreement, whether sounding in contract, tort or statute, shall be governed by the law of the State where the Arbitration takes place, including its statutes of limitations, without giving effect to any conflict-of-laws rule that would result in the application of the laws of a different jurisdiction.
  14. Confidentiality. In order to protect the confidential, proprietary, and trade secret information of the parties, CB and You agree to negotiate and enter into a Confidentiality Agreement. 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.
  15. No Publication. AAA will not publish arbitration decisions or awards, unless required by law.
  16. AAA and Arbitrator Fees. CB will pay the AAA administrative and arbitrator fees pertaining to the Claims initiated and pursued in accordance with the Notice and Demand Procedure except as set forth in Paragraph 10. Notwithstanding the foregoing, the Arbitrator shall have authority to reallocate said fees if the Arbitrator determines that Claims were filed for an improper purpose or that the Claims are patently frivolous and/or unsupported by applicable law or the reasonable extension of the law.
  17. Attorney’s Fees and Costs. Except as otherwise provided in this Agreement, the Arbitrator shall have the authority to award attorneys’ fees and other costs as permitted by applicable law; however, You may not be awarded duplicative amounts of attorney’s fees or costs. CB promises and agrees that it will not seek an award of attorneys’ fees or costs unless the Arbitrator determines that Claims are patently frivolous and/or unsupported by applicable law or the reasonable extension of the law.
  18. Alternate Forum. If AAA cannot or will not administer the arbitration, You and CB shall submit the Claims to another nationally-recognized arbitration forum which shall be subject to all other terms and conditions of this Agreement. By mutual written agreement, the parties may select an arbitration forum other than AAA and/or modify the procedural arbitration rules.
  19. Arbitrator’s Authority. The Arbitrator shall:
    1. Be bound by the terms of this Agreement;
    2. Apply a statute of limitations to all Claims as though brought in an appropriate court of competent jurisdiction;
    3. Decide all issues, and award a remedy, based only on the evidence and arguments submitted by a party;
    4. Resolve all disputes regarding the scope and enforceability of this Agreement, including the enforcement of the class action waiver;
    5. 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;
    6. Award a remedy only as to Claims presented at the Arbitration hearing and of which all Parties were on notice at least thirty (30) days before the hearing;
    7. Award any form of individual relief provided such relief would have been available in an individual capacity before a court of competent jurisdiction;
    8. Make rulings and resolve disputes as to the payment and reallocation of fees and expenses, including attorney’s fees;
    9. Retain jurisdiction to review and resolve issues between the parties concerning interpretation of the decision. Such issues will be resolved based only on written submissions. The party requesting the Arbitrator’s review will advance payment as determined by the Arbitrator, with such deposit reimbursable by the other party in whole or in part at the Arbitrator’s discretion.
    10. Participate in a post-decision interview to provide candid feedback to a party concerning the effectiveness and persuasiveness of its presentation of evidence and arguments. Such interview, if requested, will be held thirty (30) days after the Arbitrator’s decision; be conducted telephonically or in-person at the election and expense of the requesting party, which will pay the hourly rate that prevailed during the arbitration proceedings. Nothing in this paragraph requires the Arbitrator to communicate in a way that violates ethical standards. Nothing disclosed by the Arbitrator in the interview may be used as a basis to appeal the Arbitrator’s decision.
  20. Modification. This Agreement may only be amended by a writing signed by all parties. Only an officer representing CB may agree on behalf of CB to modify the terms of this Agreement.
  21. Severability. This Agreement is the full and complete agreement relating to the resolution of Claims. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction or the Arbitrator, the remainder will be enforceable.
  22. Waiver. The failure of a party to require performance of any term or condition of this Agreement shall not be deemed to constitute a waiver of any such term or condition, or have any binding or precedential value regarding present or future enforcement of such term.
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