Cedar Bucket Terms and Services Agreement
By engaging with the services of Cedar Bucket, LLC, a Mississippi limited liability company ("Cedar Bucket"), the undersigned customer ("Customer") agrees to the following terms and conditions of this Cedar Bucket Terms and Services Agreement ("Agreement"). Unless otherwise specified herein, the terms herein shall apply to all transactions, services, and arrangements between Customer and Cedar Bucket.
- Right to Refuse Service. Cedar Bucket reserves the right to refuse service for any reason, at any time, before or after transacting. This includes the right to refuse items or services that are deemed unsuitable for moving or storage.
- Price Adjustments. Cedar Bucket reserves the right to adjust the agreed price for services, including moving and storage, should unforeseen circumstances arise. Reasons for price changes include, but are not limited to, extra space requirements, inaccurate item descriptions provided during onboarding, or items not fitting within the designated space. Customer will be notified of any price adjustments.
- Payment Responsibility. It is the sole responsibility of Customer to ensure all payments are made according to the terms agreed upon by Customer and Cedar Bucket. Failure to pay by the due date will result in overdue charges, and failure to settle any outstanding balance within 30 days will result in a delinquent account. If an account remains delinquent for more than 30 days all items stored with Cedar Bucket will become the property of Cedar Bucket and may be sold or auctioned to recover unpaid fees.
- Access to Stored Items. Customer may request access to items stored with Cedar Bucket, within Cedar Bucket's normal operating hours. Any requests for access outside of normal hours may incur additional fees, as determined in the sole discretion of Cedar Bucket.
- Refunds. Refunds are not issued for services rendered, except in the case of a proven error by Cedar Bucket.
- Safety and Security. Cedar Bucket is not responsible for any injuries, accidents, or damage to property or persons that occur during or as a result of any moving or storage services provided by Cedar Bucket. With respect to any moving services, Customer must ensure that all areas are prepared and safe for moving personnel to work.
- Prohibited Items. Cedar Bucket will not store or transport the following items ("Prohibited Items"):
- Hazardous materials, including, but not limited to, explosives, volatile substances, toxic chemicals, fuels;
- Perishable items or items that may spoil, attract pests, or produce odors;
- Living beings, including, but not limited to, animals, plants, or humans;
- Illegal, stolen, or contraband items;
- Firearms, weapons, or any items that could be deemed a safety risk;
- Items containing hazardous fluids including, but not limited to, fuel, oil, an similar fluids; and
- Garbage or waste.
- Inspection Rights. Cedar Bucket reserves the right to inspect all items to ensure they comply with the terms of this Agreement. Customer is solely responsible for ensuring that no Prohibited Items are stored with or provided to Cedar Bucket to be transported. If any Prohibited Items are discovered, Cedar Bucket may remove and dispose of any such Prohibited Items at the Customer's expense.
- Special Handling. With respect to any items that Cedar Bucket has been engaged to transport, Customer must notify Cedar Bucket of any items that require special handling, including, but not limited to, oversized furniture and fragile items. Cedar Bucket may refuse to move items that are not securely packed or require additional precautions.
- Indemnification. Customer shall indemnify, hold harmless, and defend Cedar Bucket and its officers, directors, managers, partners, members, shareholders, employees, agents, affiliates, successors, and permitted assigns (each, an "Indemnified Party" and collectively, "Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, relating to any claim of a third party arising out of or occurring in connection with:
- Customer's breach or non-fulfillment of any of the terms of this Agreement;
- Customer's acts or omissions in connection with the performance of its obligations under this Agreement;
- any bodily injury, death, or damage to real or tangible personal property caused by the acts or omissions of Customer; or
- any failure by Customer to comply with any applicable laws.
The indemnities in this Section shall not apply if the claim or corresponding losses arise out of or result from the Indemnified Parties' gross negligence or more culpable action or omission (including recklessness or willful misconduct).
- Indemnification Procedures. If an Indemnified Party becomes aware of any claim, event, or fact that may give rise to a claim by the Indemnified Party against the Customer for indemnification, the Indemnified Party shall promptly notify the Customer. The Indemnified Party shall give Customer control over the proceedings and shall reasonably cooperate in the investigation, settlement, and defense of such claims at Customer's expense; provided that the Indemnified Party may, at its own expense, participate in such defense. The Customer shall not enter into a settlement of such claim that does not include a full release of the Indemnified Party or involves a remedy other than the payment of money, without the Indemnified Party's consent. If the Customer does not assume control over the defense of a claim as provided in this section, the Indemnified Party may defend the claim in such manner as it may deem appropriate, at the cost and expense of the Customer.
- Limitation of Liability.
- In no event:
- shall Cedar Bucket be liable for any lost, damaged, or stolen items during the moving or storage process, except in cases of direct negligence or intentional misconduct by Cedar Bucket;
- shall Cedar Bucket be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of or relating to any breach of this Agreement, regardless of: (i) whether the damages were foreseeable; (ii) whether or not Cedar Bucket was advised of the possibility of the damages; and (iii) the legal or equitable theory (contract, tort, or otherwise) on which the claim is based;
- shall Cedar Bucket's aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid and amounts accrued but not yet paid to Cedar Bucket under this Agreement in the three-month period preceding the event giving rise to the claim.
- The foregoing limitations of this Section apply even if the Customer's remedies under this Agreement fail of their essential purpose.
- Force Majeure. Cedar Bucket shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent the failure or delay is caused by or results from acts beyond the Cedar Bucket's reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of Cedar Bucket. Cedar Bucket shall use diligent efforts to end the failure or delay and ensure the effects of the force majeure event(s) are minimized. Cedar Bucket shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
- Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability does not affect any other term or provision of this Agreement.
- Waiver. No waiver under this Agreement is effective unless it is in writing and signed by an authorized representative of the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege, or condition arising from this Agreement: (a) any failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under this Agreement; or (b) any act, omission, or course of dealing between Cedar Bucket and Customer.
- Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by Cedar Bucket or Customer of any right or remedy does not preclude the exercise of any other rights or remedies that may now or later be available at law, in equity, by statute, in this or any other agreement between Cedar Bucket and Customer, or otherwise.
- Assignment. Customer may not assign any of its rights or delegate or subcontract any of its obligations under this Agreement without the prior written consent of Cedar Bucket. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the assigning or delegating party of any of its obligations under this Agreement. Cedar Bucket may assign any of its rights or delegate any of its obligations under this Agreement without Customer's consent.
- Successors and Assigns. This Agreement is binding on and inures to the benefit of Cedar Bucket, Customer, and their respective successors and permitted assigns.
- No Third-Party Beneficiaries. Subject to the next sentence, this Agreement does not confer any rights or remedies upon any other individual or entity except Cedar Bucket, Customer, their respective successors and permitted assigns. Cedar Bucket and Customer hereby designate the Indemnified Parties (other than Cedar Bucket) as third-party beneficiaries of the Section entitled "Limitation of Liability" with the right to enforce such Section.
- Choice of Law. This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to the conflict of laws provision thereof to the extent such principles or rules would require to permit the application of the laws of any jurisdiction other than those of the State of Mississippi.
- Choice of Forum. Customer irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Cedar Bucket in any way arising from or relating to this Agreement, including contract, equity, tort, fraud, and statutory claims, in any forum other than the state and federal courts located in Lafayette County, Mississippi. Customer irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. Customer agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- Waiver of Jury Trial. Customer acknowledges that any controversy that may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, Customer irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any legal action arising out of or relating to this Agreement or the transactions contemplated thereby.
- Attorney's Fees. Customer agrees it will reimburse Cedar Bucket for reasonable attorneys' fees and costs Cedar Bucket may incur in enforcing this Agreement against Customer, even if Cedar Bucket undertakes no formal legal action.
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