These Terms of Service were last updated on October 1st, 2020.
Acceptance of Terms
Welcome to Blue Sky Moving Boxes™. The Blue Sky Moving Boxes.com website (the "Website") and the Blue Sky Moving Boxes Rental Service (the "Service") are owned and operated by Blue Sky Moving Boxes LLC. (hereinafter referred to as "Blue Sky Moving Boxes", "we", "us", or “our”).
These Terms of Service govern your use of the Website and the Services. Blue Sky Moving Boxes provides the Services and the Website to you subject to these Terms of Service, that we may change occasionally, at our sole discretion, with or without notice to you. As such, you should review the Terms of Service periodically. The most current version of these Terms of Service will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Service on the Website homepage. By using, visiting, or browsing the Website and/or using our services, you accept and agree to be bound by the current Terms of Service. If you do not agree to the Terms of Service, you should not use the Service or Website.
Limitations of Use
You must be 18 years of age or older to subscribe to the Service. The supplies we distribute and the content on the Website are strictly for personal and non-commercial use. We grant you a limited license to access the Website solely to access the Services. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us. Supplies rented from us cannot be rented, assigned, sublet, loaned, or borrowed to/by a third party without our written consent.
Description of the Services
Blue Sky Moving Boxes provides plastic moving boxes for rental and other moving supplies as needed for rental and use. Rent of moving kits are on a per week basis. You will be charged at the time of placing your order. Your one week rental period starts on the day of delivery and the pick up date will automatically be on the seventh day after the day of delivery, at your new address. (Example: Your delivery is on August 10th, we will pick up the items on August 17th at your new address). You may keep the moving kit longer by contacting us during normal business hours no later than the day before your scheduled pick up date provided your moving kit hasn’t already been reserved by another customer. Your card on file will automatically be billed on the day after the originally scheduled pick up date. Rentable condition is based exclusively on our judgement. We will contact you the day before your scheduled delivery and pick up to confirm a delivery and pick up window. We may also contact you on the day of the delivery and pick up to notify you of our arrival.
If you use the Website or the Service, you represent and warrant that all information you supply to Blue Sky Moving Boxes is complete and accurate. You must have internet access, an email address, and a valid U.S. credit or debit card to use the Service. We do not accept pre-paid or international credit cards. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, pick up address, telephone number, a current credit or debit card, available funds on card, and billing information. We reserve the right to place any account on hold at any time (with or without notification to you) in order to protect us from what we believe to be fraudulent activity.
Credit/Debit Card Billing & Subscription Fees
Your Blue Sky Moving Boxes membership will continue in effect unless and until we receive the boxes and dollies back in good condition, you pay the replacement fee, or we terminate it. By joining the Service, you agree that we are permitted to charge your card on file for your initial fee and on a weekly basis after your initial rental period (plus any applicable taxes) until you cancel your subscription by returning the boxes and dollies to us or paying the then current replacement fee of the boxes and dollies and any other charges you may incur in connection with your use of the Service. If at any time there is balance due on your account, you agree that Blue Sky Moving Boxes can process the charge on your account at any time and as often as needed to bring your account in balance. Blue Sky Moving Boxes is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS IF A RETURN IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees, but we will notify you in advance if we do so.
You are responsible to keep your card on file and billing information current at all times. This includes having the necessary funds or credit available to cover the weekly charge to your card. If the card on file cannot be charged for whatever reason and it is not updated or replaced before the next billing cycle, a fee of $10 will be added for each week fees are due. After 31 days from the first failed charge attempt, the entire rental term charge will be due along with any and all replacement fees. Any fees that remain unpaid may be forwarded to a collection agency at that time and will also be subject to an additional collection agency fee of 25%. Customers account will be cancelled and prevented from renting in the future even after all fees and collection agency fees are paid. While accounts are in collections, they will still be charged the regular weekly fee and $10 late charge on the same day as the original pick up date was scheduled.
If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred. It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law.
Delivery and Pick up Policies
An adult will need to be present during delivery and pick up. You will need to provide us with any and all access to the delivery and pick up addresses including but not limited to gate codes and free and clear sidewalks, drive-ways, and walkways. Any missed delivery and pick up time will be subject to a 25% reschedule fee if an adult is not present. Delivery and pick up will be made at ground level or a different level only if a working elevator is available. If a working elevator is not available then a delivery and pick up can be made other than ground level for an additional charge of $20 per floor, two floors max. This fee will apply to both delivery and pick up. Customer is responsible for verifying all items to be returned are ready and available to us at the time of pick up. Delivery and pick up must be made to/from the interior of your home or garage unless delivering to an apartment, condo, or townhome without a working elevator.
Customer acknowledges supplies are delivered “as-is” and will inspect the supplies delivered and contact us within 24 hours of delivery of any damage to items.
You agree to keep the equipment in good repair and operating condition, allowing for reasonable wear and tear, and that it will not be subjected to unnecessarily rough usage. You also agree to not use the equipment for illegal purposes. You agree to not transport any dangerous chemicals in or with the equipment. You agree to not use the equipment to move furniture, appliances, or cardboard boxes.
We are not responsible for any cancellations of delivery and pick up as a result of force majeure, including but not limited to any adverse weather conditions, bad weather warnings, traffic conditions, pandemics, or any other event outside of Blue Sky Moving Boxes control.
Right to Terminate
We reserve the right to terminate or restrict your subscription, or the use of our Service, without notice, for any reason whatsoever, or for no reason. You may terminate your subscription by providing us with written notice and subject to these Terms of Service, including but not limited to the immediate return of rented equipment. WE DO NOT GIVE PRO-RATED REFUNDS IF RETURN IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
You may cancel an order up to 5pm three days before the delivery date without charge. (Example: Your delivery date is on a Thursday, you have until 5pm the Monday before to cancel for a full refund). You may cancel an order up to 5pm the day before the delivery date but will pay 50% of the rental kit booked. (Example: Your delivery date is on a Thursday, you have until 5pm on Wednesday, the day before, to cancel for a 50% refund). Cancelling your order on the day of delivery will result in no refund. Cancellations must be submitted in writing.
You may reschedule an order up to 5pm three days before the delivery date without charge. (Example: Your delivery date is on a Thursday, you have until 5pm the Monday before to reschedule without charge). You may reschedule an order up to 5pm the day before the delivery date but will pay 25% of the rental kit booked. (Example: Your delivery date is on a Thursday, you have until 5pm on Wednesday, the day before, to cancel for a 50% refund). You authorize us to charge your card on file for any and all reschedule fees. Reschedules must be submitted in writing.
Unreturned or Damaged Equipment
You authorize us to charge your card on file for the current replacement price of the item you rented if they have been damaged or not returned. You agree that the determination of the damage to the rented items are in our sole discretion.
Moving Box Replacement Fee:
$30 per box
Dolly Replacement Fee:
$125 per dolly
Defacing or Altering Equipment
You will not write directly on the equipment rented via any means. You will not alter, deface, remove, or cover up any logo, phone number, website url, or other items displayed on the rented equipment. Failure to comply will result in the assessment of the replacement fee described above for each item affected.
If extra boxes are needed for your move and provided we have available inventory, you may rent extra boxes at a rate of $5.00 per box per week. A delivery fee of $25 will also be charged at the time of the request.
All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of Blue Sky Moving Boxes, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from Blue Sky Moving Boxes, LLC. and any other copyright holder.
You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. Blue Sky Moving Boxes is a trademark of Blue Sky Moving Boxes LLC. Blue Sky Moving Boxes’ trademarks may not be used in connection with any product or service that is not Blue Sky Moving Boxes’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blue Sky Moving Boxes. All other trademarks not owned by Blue Sky Moving Boxes that appear on the Website or in/on equipment are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blue Sky Moving Boxes. Any images of persons or personalities contained on the Website or in/on equipment shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Web Site and Email Content
Blue Sky Moving Boxes offers reviews pertaining to the equipment we distribute. Under no circumstances shall Blue Sky Moving Boxes LLC or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
Some hyperlinks on the Website and email may lead to other websites that are not owned or controlled by Blue Sky Moving Boxes LLC. Blue Sky Moving Boxes has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. Blue Sky Moving Boxes makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
By using the Service, you agree to receive electronic communications from Blue Sky Moving Boxes, including but not limited to phone calls, emails, texts, chats, and social media. These communications may include information about your account, like delivery and pick up confirmation e-mails and or texts, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
Your Conduct on the Blue Sky Moving Boxes.com Website
By using the Website, you agree: (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website;(ii) not to interfere in any way with the servers or networks connected to the Website; and (iii) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose or in any unlawful manner.
User Reviews and Other Content
Visitors may submit reviews, comments, suggestions, ideas, questions, photos, video, or other content submitted on public or private forums or other media so long as the content is not obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable. Such submissions shall not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Blue Sky Moving Boxes reserves the right (but not the obligation) to remove or edit such content. Blue Sky Moving Boxes is free to use any comments, information, ideas, concepts, reviews, techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.
You also grant us permission to take any photos or video during delivery and pick up that may be used in future advertising, marketing, or other PR purposes without being paid or compensated for said photos or videos, etc.
You and Blue Sky Moving Boxes expressly and irrevocably agree that State and Federal courts located in Phoenix, Arizona shall have exclusive jurisdiction over any dispute between you and Blue Sky Moving Boxes. You and Blue Sky Moving Boxes expressly and irrevocably consent to personal jurisdiction and venue in these courts and waive any claims that the forum is inconvenient. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
THE CONTENTS OF THE WEBSITE, THE SERVICES, AND THE MOVING BOXES, DOLLIES, AND SUPPLIES WE DELIVER ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THE ACCURACY OR FUNCTIONALITY OF THE WEBSITE, THE SERVICES AND/OR THE PROVIDED ITEMS. WE MAKE NO GUARANTEES OR WARRANTIES THAT THE CONTENT OF THE WEBSITE, THE SERVICES AND/OR THE PROVIDED ITEMS WILL BE UNINTERRUPTED OR ERROR-FREE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, IN PERFORMANCE OF THE SERVICES AND IN DELIVERY OF THE PROVIDED ITEMS, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLUE SKY MOVING BOXES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE, THE SERVICES AND THE PROVIDED ITEMS WE DELIVER, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
Limitations on Liability
IN NO EVENT SHALL BLUE SKY MOVING BOXES LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY PERSONAL INJURY, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THE DAMAGES, AND ON ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES AND THE PROVIDED ITEMS OR THE INFORMATION ON OUR WEBSITE.
IN NO EVENT SHALL BLUE SKY MOVING BOXES, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR POSSESSIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROVIDED ITEMS. WHILE BLUE SKY MOVING BOXES WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, BLUE SKY MOVING BOXES WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
These Terms of Service contain the entire agreement between the parties with respect to the matters covered in this Agreement. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Blue Sky Moving Boxes by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties with respect to the subject matter contained in these Terms of Service.