Terms of Service

You agree that these Terms, electronic records, and electronic signatures satisfy the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1–1633.17) and the federal Electronic Signatures in Global and National Commerce Act. Checking the acknowledgment box on a quote or booking form, submitting a request, or clicking to proceed is your signature. Printed copies of electronic records are admissible.

If you use the Site or services on behalf of a company, you represent that you have authority to bind that company, and “you” includes that company.

You must be at least 18 years old and able to form a binding contract. You may not use the Site or services if you are barred under U.S. sanctions, export-control, or anti-money-laundering laws, or if doing so would violate applicable law.

We may update these Terms. The “Effective” date above is the current version. Material changes will be posted on this page. For California consumers, a material change to dispute-resolution terms applies to that consumer only if the consumer agrees to the updated terms (for example by checking the box on a later quote or booking). Continued use of the Site after non-material updates constitutes acceptance of those updates. If you reject a change, stop using the Site and services.

Dispute-resolution terms in these Terms apply only to the use, payment, or provision of the goods or services covered by the transaction in which you accepted them, and not to unrelated future disputes, as required by California Civil Code § 1670.15.

The Site is a commercial information and request channel for Willow Peaks services. It does not, by itself, create a carriage contract, rental contract, or fleet-software license. Content may change without notice. We do not warrant that the Site is uninterrupted, error-free, or free of harmful code. You are responsible for your devices, network, and backup of anything you send us.

A quote request or a window hold is an invitation for us to offer service. It is not acceptance of a load, a guaranteed price, or a reservation until we confirm in writing (email from an @willowpeakslogistics.com address, a rate confirmation, or a bill of lading). We may decline any request, including for capacity, commodity, credit, safety, or legal reasons.

Quotes issued during business hours are typically sent within 15 minutes. Business hours for the desk are Monday through Saturday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding U.S. federal holidays we observe. After-hours messages are handled the next open desk period.

Holding a window on the Book page reserves a planning slot for a limited time. If we cannot confirm, or if you do not provide required details, the hold expires and may be released.

Published starting-at figures (including local from $350, Bay/valley from $3.75/mi, regional from $2.25/mi, and same-day East Bay courier from $85) are estimates, not a tariff filed with a regulator, and not a guarantee. The binding price is the rate we confirm in writing for that move.

Fuel surcharge follows U.S. Energy Information Administration California diesel, updated weekly, unless a confirmed quote states otherwise. Extra stops, detention, wait time, after-hours, liftgate beyond the included standard, redelivery, attempted pickup, storage, and similar items are accessorial and billed in addition.

Unless a confirmed writing states otherwise, invoices are due upon receipt. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs. You are responsible for applicable taxes. We do not collect payment through the Site unless we later add a payment processor and disclose it.

Cancel a confirmed Transportation or Express Courier move in writing to quotes@willowpeakslogistics.com as soon as you know. Cancellations inside four (4) hours of the window, no-shows, and unready freight may be billed a cancellation or dry-run charge up to the confirmed rate. Detention begins when our equipment is delayed beyond the free time stated in the confirmation (if none is stated, 30 minutes for courier and 60 minutes for transportation).

Willow Peaks provides motor-carrier and courier services under applicable federal and California law, including FMCSA requirements and, where they apply, the Carmack Amendment (49 U.S.C. § 14706) for interstate loss or damage to cargo.

Shipper warranties. You warrant that descriptions, weights, dimensions, counts, and values are accurate; that you have the right to tender the goods; that the goods are properly packaged, labeled, and secured for the mode; and that the move is lawful.

Prohibited cargo. We do not accept hazardous materials as defined in 49 C.F.R. Parts 171–180, household goods as defined for household-goods motor carriage, produce, intermodal containers, oversize/overweight loads requiring special permits, cash, negotiable instruments, live animals, human remains, or illegal goods. Tendering prohibited cargo is a material breach. We may abandon, return, or notify authorities at your expense, and you will indemnify us for resulting loss.

Equipment. Transportation is typically a dedicated 26-foot box with liftgate standard, or a pickup, as confirmed. Express Courier uses pickup or SUV. You must ensure site access, dock or curb space, and that freight matches the confirmed vehicle.

Documents. The bill of lading, rate confirmation, and proof of delivery control the move. If they conflict with marketing copy on the Site, the transportation documents control for that shipment.

Cargo liability. Nothing in these Terms waives rights or remedies that cannot be waived under Carmack or other mandatory law. To the maximum extent those laws allow, our liability for loss or damage to cargo is limited to the lesser of (a) actual loss or damage, or (b) $0.50 (USD) per pound per article, unless you declare a higher value in writing before pickup, we accept that declaration, and you pay the corresponding rate. We are not liable for delay, special, incidental, or consequential damages, lost profits, or spoilage except as mandatory law requires. We are not liable for inherent vice, improper packing, shipper load-and-count when so noted, force majeure, or acts of the shipper or consignee.

Claims. For interstate cargo, file a written claim with supporting documents at quotes@willowpeakslogistics.com within nine (9) months of delivery (or the date delivery should have occurred). Suit must be brought within two (2) years of our written disallowance, as Carmack provides. Concealed damage must be reported in writing within five (5) days of delivery. Overcharge claims must be filed within 180 days of receipt of the invoice.

Short-term EV inventory is listed on Turo. Bookings you complete on Turo are contracts between you and Turo (and, as Turo’s terms provide, the host). Turo’s terms, policies, and protection plans govern those trips. We do not control Turo. Turo protection plans do not apply to a Willow Peaks Direct rental.

Direct rentals are booked on this Site through Wheelbase. Payment, insurance choices, and the rental agreement are completed with Wheelbase, not on a Willow Peaks checkout. Turo trips stay on Turo. Turo protection plans do not apply to a direct rental.

You must hold a valid license, meet Turo’s (or, for Direct, our then-current) age and driving requirements, and comply with California Vehicle Code and insurance rules. Full Self-Driving (Supervised) and similar driver-assistance features, if equipped, require an attentive licensed driver. They do not make the vehicle autonomous.

Zenith (including Solstice dispatch) is operated as a separate application, currently at zenith.willowpeakslogistics.com. Public pages on this Site that describe Zenith are demonstrations and marketing. Access to live telemetry, keys, charging, or dispatch requires credentials and may be subject to a separate operator agreement. Demo data is illustrative, not a live picture of customer freight or renter trips.

Third-party systems (including Tesla Fleet API, Motive, mapping, and email) have their own terms. We are not those providers.

Quote and booking fields, emails, and files you send must be accurate and lawful. You grant us a non-exclusive, worldwide, royalty-free license to use that information to evaluate, quote, perform, invoice, and improve the services, and to meet legal duties. You will not submit content that is unlawful, infringing, defamatory, or that contains malware. We may refuse or delete submissions.

You will not, and will not allow others to:

• Scrape, overload, probe, or interfere with the Site or our systems
• Bypass authentication, rate limits, or security
• Use the Site to send spam or to harvest others’ data
• Misrepresent your identity, cargo, or authority
• Reverse engineer the Site except to the extent a law forbids that restriction
• Use the Site if you are a competitor building a competing service, except for ordinary browsing of public pages

We may suspend access for suspected abuse, unpaid invoices, or legal risk.

The Site, Willow Peaks name and marks, Zenith, Solstice, layout, copy, and original photographs are owned by Willow Peaks or its licensors. You receive a limited, revocable, non-transferable license to access the Site for its intended purpose. No other license is granted. Tesla, Turo, Motive, Google, and other third-party names are their owners’ property. We are not affiliated with Tesla, Inc. or Turo, Inc. except as a customer or host.

If you believe content on the Site infringes a copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to quotes@willowpeakslogistics.com with the subject “DMCA.” We may remove content and, where appropriate, terminate repeat infringers.

Links to Turo, Zenith, X, mapping, analytics, and other sites are provided for convenience. Their terms and privacy practices control those services. We are not responsible for third-party content, availability, or acts.

Our Privacy Policy describes how we collect and use personal information. The Privacy Policy is incorporated into these Terms.

By giving a phone number or email in connection with a quote or booking, you consent to informational calls, emails, and texts about that request, including by autodialer or prerecorded voice if we later use those tools for that purpose. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out of texts; we will still contact you as needed to complete an existing move or as the law requires. We do not send marketing texts without additional consent where the Telephone Consumer Protection Act or California law requires it.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT that quotes, ETAs, maps, or telemetry are error-free. Some jurisdictions do not allow certain disclaimers; those limits apply only to the extent required.

These Terms do not disclaim liability for fraud, willful injury to person or property, or violations of law, which California Civil Code § 1668 does not allow a party to exempt itself from by contract.

Cargo loss and damage are governed by Section 8, Carmack, and other mandatory carriage law—not by this section.

For all other claims arising out of the Site or these Terms, to the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, even if advised of the possibility; and (b) our total liability is limited to the greater of fees you paid us for the specific service giving rise to the claim in the twelve (12) months before the claim, or one hundred dollars (USD $100).

The above does not limit liability that cannot be limited under applicable law, including liability for death or personal injury caused by our gross negligence or willful misconduct to the extent such a limit is unenforceable in California.

You will defend, indemnify, and hold harmless Willow Peaks and its members, officers, employees, and agents from claims, damages, losses, and reasonable attorneys’ fees arising out of: (a) your cargo, premises, or instructions; (b) your breach of these Terms or the law; (c) your prohibited or misdescribed freight; or (d) your use of a vehicle, including Turo trips, except to the extent caused by our willful misconduct. We may assume exclusive defense at your expense; you will not settle a claim against us without our written consent.

Informal resolution. Before filing, email quotes@willowpeakslogistics.com with “Dispute” in the subject, your name, the facts, and the relief sought. We will try to resolve the dispute for thirty (30) days.

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except that (i) the Federal Arbitration Act governs interpretation and enforcement of the arbitration agreement, and (ii) Carmack and other mandatory federal transportation law govern interstate cargo claims. For a California consumer, California substantive law applies to that consumer contract and cannot be displaced by another state’s law, as California law provides.

Small claims. Either party may bring an individual action in small claims court in Contra Costa County, California, or in the California county of your residence if you are a California consumer, if the claim qualifies.

Arbitration (individual claims). If a dispute is not resolved informally and is not brought in small claims court, it will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”). Consumers use the AAA Consumer Arbitration Rules; businesses use the AAA Commercial Arbitration Rules. The arbitration will be held in Contra Costa County, California, or, if you are a California consumer, in your California county of residence or by video/phone if the rules allow. The arbitrator may award individual relief the law allows, including attorneys’ fees where a statute provides them. Judgment on the award may be entered in any court of competent jurisdiction.

This arbitration agreement covers only disputes arising out of the use, payment, or provision of the specific goods or services for which you accepted these Terms. It does not reach unrelated past or future dealings.

Public injunctive relief and PAGA. You and we may still seek public injunctive relief in a court of competent jurisdiction, as required by McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). Representative claims under the California Private Attorneys General Act that the law does not permit to be waived remain available in court to that extent. Individual PAGA claims may be arbitrated as the U.S. Supreme Court and California courts then allow.

Class waiver. Except for the public injunctive relief and representative PAGA carve-outs above, disputes must proceed in an individual capacity, not as a class, collective, or representative action. If a court or arbitrator finds the class waiver unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

Opt out. You may opt out of arbitration and the class waiver by emailing quotes@willowpeakslogistics.com from the address you used with us, within thirty (30) days of first accepting these Terms, with the subject “Arbitration Opt-Out,” your name, and a statement that you opt out. Opting out does not affect other Terms.

Venue for court claims. Subject to the arbitration agreement, small-claims option, and the California-consumer rules above, exclusive venue for court proceedings is the state or federal courts in Contra Costa County, California, and you consent to personal jurisdiction there.

Jury trial. To the extent a dispute proceeds in court and a jury waiver is permitted, each party waives a jury trial. This does not waive any right that California law makes non-waivable.

We are not liable for delay or failure caused by events beyond reasonable control, including weather, wildfire, earthquake, labor dispute, utility or network failure, cyber incident, embargo, war, terrorism, epidemic, government act, or shortage of fuel or parts. Obligations resume when the event ends. If it continues more than thirty (30) days, either party may cancel the affected service without penalty except for work already performed and cargo already in transit.

These Terms, the Privacy Policy, and any written rate confirmation or bill of lading are the entire agreement for the subject they cover, and supersede prior oral statements. Transportation documents control over these Terms for that shipment if they conflict.

If a provision is unenforceable, it will be modified to the minimum extent needed to be enforceable, or severed. The rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, or sale. Notices to you may be sent to the email you provided. Notices to us must go to quotes@willowpeakslogistics.com or to our registered agent on file with the California Secretary of State.

Headings are for convenience only. “Including” means “including without limitation.” These Terms do not create a partnership, joint venture, or employment relationship. Third parties have no rights except as the law requires.

We comply with U.S. export-control and sanctions laws. You represent that you are not a denied or blocked person and will not use the services for prohibited end uses.

Willow Peaks Logistics LLC
Antioch, California
USDOT 4490126
quotes@willowpeakslogistics.com
(925) 775-9549