Terms of Use
Last updated
These Terms of Use (the "Terms") are a legal agreement between you and O'Brien's Moving & Storage, Inc. ("O'Brien's," "we," "us" or "our"). They govern your access to and use of obriensmoving-storage.com and the tools and communications offered through it. Please read them carefully. They include a disclaimer of warranties, a limitation of liability and a choice of Nevada law. They do not include an arbitration requirement for disputes about the Site.
1. Agreement to these Terms
By using the Site you agree to these Terms. If you do not agree, please do not use the Site.
Moving, packing, storage and other services we provide are governed by the estimate, order for service, bill of lading, storage agreement and other documents we give you for that service, by our published tariffs, and by the federal and Nevada rules that apply to household goods moves. These Terms govern only your use of the Site.
2. Definitions
In these Terms, the following words have the meanings below:
- "Site" means obriensmoving-storage.com and every page, tool, form and feature on it.
- "Content" means all text, guides, frequently asked questions, data tables, descriptions of moving rules, images and other material on the Site.
- "Services" means the moving, packing, crating, storage, delivery, installation and related services we provide off the Site.
- "Chat Assistant" means "Clover," our website chat assistant, an automated program on the Site powered by YelloPost AI.
- "Request" means an estimate request, project intake, message or other information you send us through the Site.
- "O'Brien's Parties" means O'Brien's Moving & Storage, Inc. and its owners, employees, agents, successors and assigns.
3. About us
O'Brien's Moving & Storage, Inc. is a family-owned moving and storage company at 2277 Glendale Ave, Sparks, NV 89431, in business since 1941. Telephone 775-359-6683.
We hold U.S. DOT No. 30611 and FMCSA operating authority MC-109375 for interstate household goods moves, and Nevada Transportation Authority Certificate of Public Convenience and Necessity 1070 for moves within Nevada. We are an interstate agent for Bekins Van Lines.
4. Eligibility
You must be at least 18 years old, or the age of majority where you live, to send a Request. The Site is not directed to children under 13, and we do not knowingly collect personal information from them.
5. The Site is for general information only
The Content, including information about federal and state moving rules, valuation, estimates, routes, taxes, motor vehicle rules and local data, is general information. It is not legal, tax or financial advice and it is not an estimate or an offer.
Rules, fees and agency procedures are set by government agencies and can change at any time. Before you make a decision that depends on one, confirm it with the agency that sets it. Interstate customers should read the FMCSA booklets "Your Rights and Responsibilities When You Move" and "Ready to Move?", linked on every page of the Site.
Drive times and distances on the Site are free-flow estimates from public routing data. They are not delivery dates. Statistics, such as Census figures, come from the public source named next to them, with its date.
6. Requests are requests, not bookings or estimates
A Request sent through the Site is a request for us to contact you. It is not a booking, a reservation of a date or crew, or a contract. A move is booked only when you and we sign the documents for it.
The price of a move comes from a written estimate prepared under the rules that apply to your move, usually after our estimator surveys your goods. The Site does not publish moving prices, and nothing on the Site, in the chat or in a tool is an estimate.
7. Published offers on the Site
The only prices on the Site are those we publish for vault storage (from $40 per month) and the 10 free heavy-duty moving boxes offered with an in-home estimate. Published offers may change; the terms in effect when you book apply.
Government fees, taxes and charges set by others are not ours and can change.
8. Moves and in-person terms
The price, payment, valuation, claims, storage and other terms of each move are those in your estimate, order for service, bill of lading and other documents for that move, and in the federal and Nevada rules that apply to it.
On an interstate move you have the rights described in "Your Rights and Responsibilities When You Move," including the right to the dispute settlement program federal rules require movers to offer for loss and damage claims. That program concerns your shipment, not your use of the Site.
9. Planning tools
Planning tools on the Site, such as the Load Planner, packing calculator, vault sizer and checklist generator, give rough guidance only. Box counts, move sizes and vault counts are estimates for planning; they are not quotes and do not limit what you may bring or store.
10. The Chat Assistant
Clover is an automated program. It is not a person, not an estimator and not a lawyer. It can make mistakes, and it does not give prices, book moves or make promises on our behalf.
Passing your details to our office. If you give Clover your name and a telephone number or email address, it sends a summary of your request to our office so we can call you.
11. Requests and contact
Accurate information. When you send a Request, you represent that the information you provide is accurate to the best of your knowledge and that you are the subscriber or authorized user of the telephone number and email address you provide.
Contact you ask for. By sending a Request, you ask us to contact you about it by telephone or email using the contact details you provide.Agreeing to be contacted is not a condition of buying anything. You may tell us at any time to stop contacting you.
Delivery of Requests. Requests are delivered by email. We are not responsible for Requests that are not delivered because of spam screening, human verification, technical problems, incorrect contact information or circumstances outside our control. If you have not heard back from us, please call.
Not for urgent matters. The Site, the forms and the Chat Assistant are not monitored around the clock.
12. Submissions
Your ownership. You keep ownership of your Submissions.
License to us.
Your responsibility. You represent that you have the right to send each Submission and grant this license, and that your Submissions do not violate anyone's rights or any law.
13. Acceptable use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable law or regulation.
- Send false, misleading or fraudulent Requests, or impersonate any person or business or misrepresent your affiliation with anyone.
- Use the forms, the Chat Assistant or our email address to send spam, unsolicited sales pitches, advertising or solicitations.
- Send Requests or chat messages by automated means, or send repeated or duplicate Requests intended to burden our team.
- Interfere with, bypass or attempt to defeat the Site's human verification, spam screening, rate limits or other security features.
- Scrape, copy or harvest Content by automated means, except that search engines and other answer services may index publicly available pages in accordance with our robots.txt file.
- Attempt to gain unauthorized access to the Site, its servers or any information about other visitors, or introduce viruses or other harmful code.
- Use the Site in a way that could damage, disable, overburden or impair it or interfere with anyone else's use of it.
- Frame or mirror the Site, or use our name, logo or Content in a way that suggests we endorse or are affiliated with you.
- Harass, threaten or abuse our team through the Site or the Chat Assistant.
- Encourage or help anyone else to do any of the above.
14. Our intellectual property
Ownership. The Site and its Content are owned by O'Brien's or its licensors, including our service providers, and are protected by United States and international copyright, trademark and other intellectual property laws.
Limited license to you. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your own personal purposes, such as planning your move, and to share links to Site pages. You may print or save a reasonable number of pages, including the checklists, for your own reference, provided you keep all copyright and other notices.
Restrictions. Except as allowed above or by law, you may not copy, republish, distribute, modify, create derivative works from, publicly display, sell or otherwise exploit any Content without our prior written permission. Public data reproduced on the Site belongs to its publishers and may be used under their terms.
Trademarks. "O'Brien's Moving & Storage, Inc.," "O'Brien's," our logo and other names and logos on the Site that identify us are our trademarks or trade names. Names and marks of government agencies, hotels, events, parks and other businesses mentioned on the Site belong to their owners and are used only to identify them or to describe a location or distance. Their appearance does not mean that they endorse us or are affiliated with us.
Reservation of rights. All rights not expressly granted in these Terms are reserved.
15. Copyright complaints (DMCA notice)
We respect the intellectual property rights of others. If you believe that material on the Site infringes a copyright you own or control, please send a written notice by email to agent0143@obriensmoving.com with the subject line "Copyright Notice," or by mail to O'Brien's Moving & Storage, Inc., Attn: Copyright Notice, 2277 Glendale Ave, Sparks, NV 89431. Consistent with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3), your notice should include:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material you claim is infringing, with enough information for us to locate it, such as the page address.
- Your name, mailing address, telephone number and email address.
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.
Counter-notices. If you believe material you provided was removed by mistake or misidentification, you may send us a counter-notice that includes the information described in 17 U.S.C. Section 512(g)(3).
Misrepresentations. Under 17 U.S.C. Section 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.
Repeat infringers. Where appropriate, we may remove material and restrict access to the Site for anyone who repeatedly infringes others' copyrights.
16. Third-party names, links and services
Links. The Site links to third-party websites, including the Nevada Transportation Authority, the Nevada Legislature, other government agencies, Google Maps, review platforms and our photo-proofing site. We provide links for convenience only. We do not control, endorse or assume responsibility for the content, accuracy, availability, privacy practices or terms of any third-party website, and your use of one is at your own risk and subject to its terms.
Hotels, parks, events and other businesses. Hotels, casinos, parks, event organizers, transport providers and other businesses and agencies named on the Site are independent of us. We name them to describe a location, a distance or a public rule. We are not affiliated with them unless we say so, and we are not responsible for their services, prices, permits, schedules or conduct. Park and venue rules and permit fees are set by the agency that manages the place; confirm them with that agency.
Search engines and answer services. Other services may index, quote or summarize Content from the Site. We are not responsible for how they present or change it. Please confirm information about us on the Site or by calling us.
Third-party components. Parts of the Site rely on third-party services, such as the embedded Google map, Cloudflare Turnstile and, unless you choose "Essential only," Google Tag Manager. We are not responsible for their availability or performance.
17. Reviews
Reviews and review excerpts shown on the Site are shown as customers posted them publicly on Google, sometimes shortened, with the reviewer's first name and last initial. They reflect those customers' individual experiences and opinions and are not a guarantee of the experience you will have.
18. Availability and changes to the Site
We may change, suspend or discontinue any part of the Site, the Content or the Chat Assistant at any time without notice and without liability to you. We do not guarantee that the Site will be available at any particular time. When it is not, you can call us during our open hours.
19. Privacy and accessibility
Our Privacy Policy explains how we collect, use, share and protect personal information, including information collected through the forms, the Chat Assistant, Cloudflare Turnstile and Google tools. Our Accessibility Statement describes the accessibility of the Site and how to get help. If you have difficulty using any part of the Site, please call us at 775-359-6683 and we will help you directly.
20. Suspension of access
We may block, restrict or suspend your access to all or part of the Site, including the forms and the Chat Assistant, at any time and without notice if we reasonably believe you have violated these Terms, are sending spam or solicitations, are harassing our team, or are creating risk or possible legal exposure for us or others.
21. Disclaimer of warranties
THE SITE, THE CONTENT, THE CHAT ASSISTANT AND ALL OTHER FEATURES AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE O'BRIEN'S PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.
THIS SECTION APPLIES TO THE SITE ONLY.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
22. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE O'BRIEN'S PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, INCLUDING ANY TRAVEL OR LODGING COST, MISSED DATE OR DELAY, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE CONTENT OR THE CHAT ASSISTANT, OR YOUR USE OF OR INABILITY TO USE ANY OF THEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE O'BRIEN'S PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY TO YOUR USE OF THE SITE.NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, VIOLATION OF LAW OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING RIGHTS UNDER THE NEVADA DECEPTIVE TRADE PRACTICES ACT (NRS CHAPTER 598). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
23. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the O'Brien's Parties from and against any claims, demands, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Site; (c) any Submission you send us, including any claim that it infringes a third party's rights; or (d) your violation of any law or the rights of any third party.
24. Informal dispute resolution
We would like to resolve any concern quickly and fairly. Before filing a lawsuit about the Site or these Terms, you and we each agree to first try to resolve the dispute informally. The party raising the dispute should send the other a written notice describing the dispute and the relief requested. Notices to us should be mailed to O'Brien's Moving & Storage, Inc., Attn: Dispute Notice, 2277 Glendale Ave, Sparks, NV 89431, with a copy emailed to agent0143@obriensmoving.com. For 30 days after the notice is received, the parties will try in good faith to resolve the dispute. After that, either party may proceed as described in Section 25.
This process does not prevent either party from seeking emergency or temporary relief from a court, and it does not shorten any statute of limitations. Nothing in these Terms requires you to arbitrate a dispute or waives your right to participate in a class action. Nothing in these Terms limits your right to file a complaint with the Nevada Attorney General's Bureau of Consumer Protection or any other government agency.
25. Governing law and venue
Governing law. These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-laws principles that would require the application of another jurisdiction's laws.
Venue. Subject to Section 24, any lawsuit arising out of or relating to these Terms or the Site must be brought in the state courts located in Washoe County, Nevada, or in the United States District Court for the District of Nevada, and you and we each consent to the personal jurisdiction and venue of those courts. This Section does not prevent either party from bringing an eligible claim in small claims court.
26. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.
27. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, that provision will be enforced to the maximum extent permissible or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
28. No waiver
Our failure or delay in enforcing any right or provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by us.
29. Entire agreement and interpretation
These Terms, together with our Privacy Policy and Accessibility Statement, are the entire agreement between you and us about the Site and supersede any prior understandings about the Site.No statement by the Chat Assistant modifies these Terms or those terms. Headings are for convenience only. The words "including" and "for example" mean "including without limitation." No provision will be construed against a party because that party drafted it.
30. Notices
Notices to you. We may give you notices by email to the address you have given us, by mail, or by posting on the Site.
Notices to us. Legal notices to us must be sent in writing by mail to O'Brien's Moving & Storage, Inc., 2277 Glendale Ave, Sparks, NV 89431, with a copy emailed to agent0143@obriensmoving.com. Notices to us are effective when received.
31. Survival
Any provision of these Terms that by its nature should survive the end of your use of the Site will survive, including Sections 5 through 12, 14 through 17, and 21 through 30.
32. Changes to these Terms
We may revise these Terms from time to time. When we do, we will post the revised Terms on this page and update the effective date at the top. If a change is material, we will provide a notice on the Site for a reasonable period. Revised Terms apply to your use of the Site after they are posted and do not apply to a dispute of which we had actual notice before the change was posted. Your continued use of the Site after revised Terms are posted means that you accept them.
33. Contact
Questions about these Terms, notices and requests may be sent to the address below or through our contact page.
O'Brien's Moving & Storage, Inc., 2277 Glendale Ave, Sparks, NV 89431. Telephone 775-359-6683, Monday through Friday, 8:00 am to 5:00 pm. Email: agent0143@obriensmoving.com.
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