Terms

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Dolly Terms of Service

Last Revised: January 4, 2024

PLEASE READ THESE LEGALLY BINDING DOLLY TERMS OF SERVICE CAREFULLY, INCLUDING ANY LINKED TERMS (COLLECTIVELY “TERMS”) BEFORE ACCESSING OR USING ANY COMPONENT OF THE DOLLY PLATFORM OR ANY RELATED PRODUCTS, SERVICES, OR CONTENT.

This is a legal agreement between Dolly, Inc. (“Dolly,” “we,” “us,” or “our“) and the individual that downloads, accesses, installs or uses any aspect of the Dolly Platform (defined below) (“you” or “your”) whether or not such downloading, access, installation, or use is direct (or indirect via a third-party who downloads, accesses, installs or uses the Dolly Platform on your behalf ). Dolly and you are each deemed a “Party” or the “Parties” to these Terms.

The Dolly Platform connects you with service providers (each, a “Helper“) whom you can engage via the Dolly Platform to move your stuff to an agreed location specified by you.

These Terms apply to any access and/or use of the Dolly mobile application (the “App“), the www.Dolly.com website (or the related Dolly domains, including book.dolly.com) (the “Site(s)”) and any other products and services Dolly makes available to you via its App or its Site(s), including the updates and upgrades of any of the forgoing that are provided to you during the term (collectively, the “Dolly Platform“).

For more information about the Dolly Platform, please see our Customer Knowledge Base.

Accepting these Terms

BY DOWNLOADING THE APP, ACCESSING THE SITE(S) OR OTHERWISE ACCESSING OR USING ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THE APP OR THE SITE(S) OR ANY COMPONENT OF THE DOLLY PLATFORM (OR BY ALLOWING A THIRD PARTY TO ACCESS OR USE THE DOLLY PLATFORM ON YOUR BEHALF OR FOR YOUR BENEFIT), YOU AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO THE DOLLY PRODUCTS AND SERVICES COVERED BY THESE TERMS. Please read all the terms before you directly (or indirectly) access or use (or have a third-party access or use) any component of the Dolly Platform on your behalf or for your benefit. If a term does not make sense to you, please let us know. If you don’t agree to these Terms, you may not access or use (or ask a third party to access or use) the Dolly Platform on your behalf or for your benefit.

Modifications

You represent and warrant that you will review these Terms prior to making a Request and that any continued access or use of the Dolly Platform is subject to the then current Terms posted at the time of your access or use.

We reserve the right to change these Terms from time to time. The Terms applicable to you are the Terms in place when you access or use the Dolly Platform. If we make changes to the Terms, we will notify you by revising the date at the top of these Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).

We encourage you to review the Terms regularly, and prior to initiating any new Request on the Dolly Platform so that you are aware of the most current Terms which will apply at the time of your access or usage. If you do not agree to the Terms effective at the time of access or usage, then you should discontinue all use of the Dolly Platform.

Privacy Policy

For information about how we collect, use and share information about users of the Dolly Platform, please see our Privacy Policy at http://dolly.com/privacy.

Description of the Dolly Platform

Through the Dolly Platform, you can submit a request (a “Request“) for a Helper to pick up the item(s) you specify (each, an “Item“) for loading, unloading, moving, hauling, packing, lifting, assembly or disassembly (the “Services“). You will receive a price quote for the fee that will apply to completing your Request for the Services (the “Services Fee“). Once you submit the payment information to cover the Service Fee for the Request, your Request will be sent out to our network of Helpers. You will receive a notification through the Dolly Platform when a Helper has accepted your Request and agrees to provide the Services, and you will be able to communicate with that Helper through the Dolly Platform to confirm and coordinate certain logistics involved with completing your Request.

You represent and warrant that the Items related to any Request are your personal property or that you have the requisite permissions, consents, and rights to make the Request of the Helper to perform the Services in relation to the Items specified in the Request and that completing the Services in relation to the Items identified in the Request will not result in the violation of any laws, regulations, contracts or agreements to which you are bound, or third party’s rights of any kind.

Creating Accounts

When you create an account you must maintain the security of your password. If you discover or suspect that someone is accessing your account without your permission or has obtained your password or that there is any Dolly Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Dolly reserves the right to deny any account at our discretion.

Payment for Services

You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the Helper have verified that the Services are completed, you will have the option of paying an additional gratuity (a “Tip“) to the Helper, and your credit card account will be charged for the sum of the Services Fee, any Tip, and the fees for any additional services you may request.

You agree to make all payments to the Helper through the Dolly Platform and will not pay any Helper in cash or means other than directly through the Dolly Platform.

Canceling a Request

If you cancel any Request before a Helper accepts it you will not be charged and the hold will be lifted on your credit card. If you cancel any Request after a Helper accepts it, your credit card account may be charged up to 100% of the applicable Services Fee as set forth in Dolly’s cancellation policy.

Right to Use the Dolly Platform; Certain Restrictions

On the condition that you fully comply with these Terms, Dolly grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Dolly Platform for your own personal, non-commercial use.

However, with respect to access and use of the App, you represent and warrant that you will only download and access the App on mobile devices that you own or control or that you have express permission to use.

These Terms will govern your access and use of any upgrades provided by Dolly that replace and/or supplement the original App, Site(s), or other components of the Dolly Platform. If a Dolly product or service is not covered by these Terms, then it will be accompanied by a separate license, in which case the terms of that license will govern.

You may not (and you may not authorize any other party to) (a) modify, disclose, alter, translate or create derivative works of the Dolly Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Dolly Platform, (c) disassemble, decompile or reverse engineer any of the software components of the Dolly Platform, (d) copy, frame or mirror any part of the Dolly Platform, (e) interfere with or disrupt the integrity or performance of the Dolly Platform, or (f) attempt to gain unauthorized access to the Dolly Platform or its related systems or networks. The restrictions stated herein apply to any and all components or parts of the Dolly Platform, including the App, Site(s), or any software that comprises any of the components of the Dolly Platform.

Prohibited Use of the Dolly Platform

You may not post or otherwise make available on or through the Dolly Platform any of the following:

  • Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
  • Content or information that is false, fraudulent or intended to be misleading;
  • Content that is libelous, defamatory, abusive, offensive or hateful;
  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • Content that, in Dolly’s judgment, is objectionable, may restrict or inhibit another from enjoying the Dolly Platform or may expose Dolly or users of the Dolly Platform to harm or liability of any type; and/or
  • Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Dolly Platform (or any component thereof) or other users, each as applicable:

  • Use the Dolly Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Dolly Platform or that could damage, disable, overburden or impair the functioning of the Dolly Platform;
  • Engage in phishing scams using any component of the Dolly Platform
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Post spam or commercial messages through any component of Dolly Platform;
  • Create an account or submit a Request if you are not over 13 years of age;
  • Use the Dolly Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
  • Disable or circumvent or attempt to circumvent any access control or related process or procedure, filtering, security measures, rate limits or other features designed to protect the Dolly Platform, its users, or third parties.
  • Release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of any component of the Dolly Platform without the prior written approval of Dolly;
  • Alter or remove any proprietary notices or legends contained on or in the Dolly Platform components.
  • Access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information, or make any attempts to access accounts or information not part of your account without permission;
  • “Frame” or “mirror” any portion of the online components of the Dolly Platform;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Dolly Platform components; and
  • Probe, scan or test the vulnerability of the online components of the Dolly Platform, nor breach the security or authentication measures of the component of the Dolly Platform or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the online components of the Dolly Platform, such as a denial of service attack.

Your use of the Dolly Platform is at your own risk. You are responsible and liable for the content of your Requests, your interaction with the Helpers and any other user of the Dolly Platform. You agree that Dolly is not responsible or liable for the content of your Requests, your actions, the conduct of, or your interactions with, Helpers or any other users (whether online or offline) or for any related damage or harm. As a mere provider of interactive services, Dolly is not liable for the content of any Requests or responses obtained in connection with making a Request. Although we have no obligation to screen, edit or monitor Requests or responses to Requests, we reserve the right, and have the discretion, to screen, edit or remove your or any Helper&s access to any component of the Dolly Platform or to remove any Requests at any time, for any reason and without notice.

Disputes between You and a Helper; Disclaimers

The Dolly Platform is merely a neutral means of connecting you with Helpers. We are not responsible or liable for you, your actions (or inactions), your Requests, or for the Helpers, the Helper&s responses or actions (or inactions), the Services, or for the Items which are the subject of the requested Services. As a condition of allowing your access or usage of the Dolly Platform to connect with Helpers, you agree to forgo and waive any claim or suit against us and to release us from any liability, loss, damages, or harm (a) caused by the Helpers or their Services (or their failure to provide adequate services); (b) relating to the Items or the handling of Items (subject to any Damage Protection outlined below); and (c) to persons or to property (personal or real) associated with Request or the delivery of Services (or failure to deliver Services).

We provide no warranty or assurance of any kind that any Helper you engage will meet your expectations or will follow your instructions in performing any Services or not cause harm or damage to your Items or to other property or persons. Any dispute that you may have with the Helper regarding the performance of any Services (or the Items which are the subject of the Services), including any dispute related to the time, place, and manner of performing, is between you and the applicable Helper. Dolly is not responsible for the replacement or repair of any of any Item or for damage, loss or harm to any other personal or real property that may be damaged by a Helper while performing the Services.

Please report any suspected illegal or unethical behavior by a Helper during the performance of any Services to: [email protected].

Reporting and Removal

Dolly users may report content to Dolly that they think violates these Terms, and Dolly may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, users may report infringement of their intellectual property, and Dolly will follow the processes outlined in the DMCA to address any reported infringement.

If you believe that anything on the Dolly Platform infringes upon any copyright that you own or control, you may file a notification with Dolly’s Designated Agent as set forth below:

Designated Agent: Dolly, Inc.
Address of Designated Agent: 9450 SW Gemini Dr., PMB 43895, Beaverton, Oregon 97008-7105
Email Address of Designated Agent: [email protected]
Fax Number of Designated Agent: 206-494-3198
Phone number of Designated Agent: 206-494-3198

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Dolly or the alleged infringer as the result of Dolly relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Dolly may also at its sole discretion limit access to the Dolly Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, Dolly has adopted a policy of terminating, in appropriate circumstances and at Dolly’s sole discretion, subscribers or account holders who are deemed to be repeat infringers.

Dolly’s Rights

As between you and Dolly, all information, materials and content of the Dolly Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Dolly or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the Dolly Platform. Dolly reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Dolly any and all moral rights that you may possess in or to any Requests.

Feedback

Any suggestions, comments or other feedback you give us about the Dolly Platform (the “Feedback“) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Location Information

The Dolly Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at https://dolly.com/privacy.

By accepting these Terms or using the App, the Site(s), or any component of the Dolly Platform, you affirmatively consent to Dolly’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to Dolly’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Dolly will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Dolly will resume the collection of location information.

Dolly takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Disclaimers

EXCEPT AS REQUIRED OTHERWISE OF DOLLY BY APPLICABLE LAW, THE DOLLY PLATFORM AND EACH COMPONENT THEREOF AND ANYSERVICE, PRODUCT, AND/OR CONTENT INCLUDED ON OR DELIVERED TOGETHER WITH, OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH ANY OF THE FORGOING ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE DOLLY PLATFORM THE DOLLY PLATFORM AND EACH COMPONENT THEREOF AND ANYSERVICE, PRODUCT, AND/OR CONTENT INCLUDED ON OR DELIVERED TOGETHER WITH, OR OTHERWISE MADE AVAILABLE TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE HELPER, THE RESPONSES THEY PROVIDE TO YOU USING THE DOLLY PLATFORM, AND THE SERVICES YOU HIRE THEM TO PROVIDE, WHETHER OR NOT THEY PROVIDE THEM. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DOLLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROPERTY (PERSONAL OR PROPERTY), PHYSICAL LOSSES, DEATH, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE DOLLY PLATFORM (INCLUDING THE APP, THE SITE(S), OR RELATED PRODUCTS, SERVICES OR CONTENT, INCLUDING REQUESTS AND RESPONSES TO REQUESTS, HELPERS ACTIONS OR INACTIONS, SERVICES PERFORMED OR NOT PERFORMED BY HELPERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF DOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF DOLLY AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED TWO HUNDRED DOLLARS ($200).

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PROVISIONS OF THIS SECTION WILL APPLY ONLY TO THE MAXIMUM EXTENT POSSIBLE UNDER LAWS APPLICABLE TO YOU (INCLUDING WHERE RELEVANT THE APPLICABLE CONSUMER PROTECTION LAWS).

Indemnification

You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your Requests and your conduct with respect to the Dolly Platform, requesting or obtaining Services, or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Dolly account.

Third Party Software

The software you may download (if relevant) consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

Changes to the Dolly Platform

Dolly reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Sites, the App, components of the Dolly Platform and/or any features, information, materials or content available on the Dolly Platform with or without providing notice to you. Dolly will not be liable to you or any third party for any changes or discontinuance of the Sites, the App, the Dolly Platform (or any part of the Dolly Platform) and/or any features, information, materials or content available on the Dolly Platform.

Consent to Electronic Communications

By using the Dolly Platform, you agree that we may communicate with you electronically regarding your use of the Dolly Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].

Suspension and Termination

Dolly may suspend or terminate your rights to access or use any and all aspects of the Dolly Platform (including the App) for any reason or for no reason at all and with or without notice at Dolly’s discretion. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DOLLY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DOLLY.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without resort to any conflict of law provisions.

In the event of any controversy or claim between the Parties, arising out of or relating in any way to these Terms and the subject matter covered by these Terms, you and Dolly agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Seattle, Washington. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Dolly are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Dolly will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

For any disputes between the Parties that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms and/or the subject matter covered by these Terms shall be filed only in the state and federal courts located in Seattle, Washington and the Parties each hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding between the Parties arising out of or relating these Terms and/or the subject matter covered by these Terms.

General

Enforcement of these Terms is solely at Dolly’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances.

If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.

These Terms (and terms or policies incorporated herein) make up the entire agreement between you and us regarding the subject matter covered herein, including access and use of Dolly Platform, Requests, and the Services, and they supersede any other terms, whether implied or expressed.

Contact Us

If you have any questions about these Terms, please email us at [email protected] or send a letter to:

Dolly, Inc.
9450 SW Gemini Dr., PMB 43895
Beaverton, Oregon 97008-7105

Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice Regarding Apple

Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple“) and its subsidiaries are third-party beneficiaries of these Terms, and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party; (b) these Terms are conducted between you and Dolly only, and not Apple; (c) Dolly, and not Apple, is solely responsible for the Dolly Platform and the content thereof provided by Dolly; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Dolly Platform; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Dolly Platform; and Dolly, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Dolly Platform to conform to any applicable warranty; (f) in the event of any third party claim that the Dolly Platform or your possession and use of that Dolly Platform infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Dolly Platform or your possession and/or use of the Dolly Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Dolly Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Notice Regarding Damage Protection

Please note that Damage Protection only applies to the goods being transported. It does not protect damage to the environment surrounding the Dolly (e.g. floors, walls, ceiling, etc.). Additionally, for Damage Protection and insurance purposes, the value of any given item is considered to be the lesser of (a) the price at which it was most recently purchased (last 12 months), or (b) the cost of replacement, as may be reasonably determined by Dolly. Further, the value of such an item is determined independently of the amount of any supplemental Damage Protection purchased from Dolly (in addition to the $300 of complimentary Damage Protection provided by Dolly). For example, if $1,000 of supplemental Damage Protection were purchased, the recent purchase price was $300, and the cost of replacement were $400, then Damage Protection would cover $300. Dolly reserves the right to reject any claims of damage not submitted within 14 days of the damaging incident. Dolly is not responsible for any damage that is incurred outside of the express-written parameters of the move as purchased by the customer. Any act undertaken by our independent contractors that is not explicitly paid for may not qualify for Damage Protection.