Effective Date: November 1, 2024
These Terms of Service (“Terms”) constitute a legal contract between you (“you,” “your,” or “Customer”) and Wirks Moving & Storage, Inc. (“WMS,” “we,” “us,” or “our”). These Terms govern your use of our website, services, and all related communications (collectively, the “Platform”). By submitting forms, using the Platform, or engaging with our Services, you agree to these Terms. If you do not agree, please do not use our Platform or Services.
IMPORTANT NOTICE: These Terms include provisions for binding arbitration and a class action waiver. These significantly affect your rights in the event of a dispute. You have the option to opt out of arbitration by following the instructions in Section 11.
1. Scope of Services
Wirks Moving & Storage provides moving, storage, and related services. Use of our Platform includes completing forms, requesting quotes, and engaging with our team. Your use of the Platform does not create any agency, partnership, or employment relationship with WMS.
2. Consent to Communications
By providing your phone number or email address through our website or intake forms, you expressly consent to receive communications from us, including but not limited to the following:
2.1 Types of Messages
Conversational Messages
Includes two-way conversations initiated by you or by our team to facilitate scheduling, gather information, or clarify requests. This includes responses from our automated Wirks Moving Assistant, which may reach out to gather additional details if a relocation specialist is unavailable.
Example: "This is the Wirks Moving assistant. I see our relocation specialists are currently unavailable. I can help gather a few details to speed things up."
Consent: Implied when you initiate contact or provide your number through our intake form.
Opt-out: Not required for conversational messages, but you may reply STOP at any time to discontinue automated outreach.
Informational Messages
Includes appointment reminders, confirmations, updates regarding your move, or service notifications.
Consent: By submitting your contact information on our website or booking a service, you agree to receive these messages.
Opt-out: Reply STOP or contact us directly to unsubscribe.
Promotional Messages
Includes marketing, promotions, and discounts for products or services.
Consent: Requires your express written consent. By submitting your contact information and checking the relevant box, you authorize us to send promotional SMS or email.
Opt-out: Reply STOP to unsubscribe from future promotional messages.
2.2 Record of Consent
Submission of your information through our Platform constitutes express written consent to receive the communications outlined above. We maintain records of consent in accordance with applicable laws.
2.3 Standard Messaging Rates
Standard message and data rates may apply. You are responsible for any such fees from your mobile carrier.
3. Intellectual Property
3.1 Ownership
All content, images, videos, trademarks, and materials provided through the Platform are the property of WMS or its licensors. Unauthorized reproduction or use is prohibited.
3.2 User Submissions
By submitting any images, videos, reviews, or other content (“Submissions”), you:
Grant WMS a non-exclusive, royalty-free, worldwide, perpetual license to use your Submissions for business purposes, including marketing.
Affirm that you own or have rights to your Submissions and that they do not infringe on third-party rights.
Release WMS from any claims arising from our use of your Submissions.
4. Limitations of Liability
4.1 Coverage Options
Liability is governed by the terms of your service contract or bill of lading:
4.2 Exclusions
We are not liable for loss or damage caused by:
Acts of God, weather, terrorism, or inherent defects.
Improper packing by the Customer.
Delays beyond our control (e.g., road conditions, mechanical failure).
See your Bill of Lading Terms and Conditions for details.
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5. Privacy
Your personal information is handled in accordance with our Privacy Policy (https://wirksmoving.com/privacy-policy/). By using the Platform, you agree to our data collection, use, and retention practices.
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6. Arbitration Agreement
By using our Services or Platform, you agree to resolve any disputes through binding arbitration as detailed in our Summary of Arbitration Program (https://wirksmoving.com/summary-of-arbitration-program/).
6.1 Class Action Waiver
You waive your right to participate in class actions. Disputes will be resolved individually.
6.2 Opt-Out Option
You may opt out of arbitration within 30 days of agreeing to these Terms by mailing us written notice to:
Wirks Moving & Storage
1470 Field Park Circle NW, Marietta, GA 30066
Include your name, address, and a clear statement that you opt out of arbitration.
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7. Indemnification
You agree to indemnify and hold harmless WMS from any claims or damages arising from your misuse of our Platform, violation of these Terms, or infringement on third-party rights.
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8. Disclaimer of Warranties
Our Platform is provided "as is" without warranties of any kind, either express or implied. We do not guarantee uninterrupted or error-free access to our Platform.
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9. Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
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10. Entire Agreement
These Terms, together with our Bill of Lading Terms (https://wirksmoving.com/contract-terms-and-conditions) and Privacy Policy, constitute the entire agreement between you and WMS.
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11. Contact Information
If you have questions about these Terms or wish to manage your communication preferences, contact us:
Email: [email protected]
Phone: 678-290-7679
Address: 1470 Field Park Circle NW, Marietta, GA 30066
