U-Haul Investors Club®
Investing made easier®
- Base indenture
- Annual trustee certification May 2016
- Traditional IRA Disclosure
- Form 5305-A For Traditional IRAs
- Roth IRA Disclosure
- Form 5305-RA For Roth IRAs
- Business Resolution
- Corporate Trustee Certification
- IRS approval of Oxford Life as a non-bank trustee
- IRS Audit Closing Letter 6-12-2012
- Individual Trustee Certification
- Form 5305-EA Parent
- Form 5305-EA Student
- Collateral Substitution UIC-03E
- U-Note Redemption UIC-08B
- U-Note Redemption UIC-17A
- UIC-01D Collateral Substitution Certificate
- UIC-04C Collateral Substitution Certificate
- UIC-08C Collateral Substitution Certificate
- UIC-09C Collateral Substitution Certificate
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING uhaulinvestorsclub.com OR ASSOCIATED WEBSITES (the "Websites").
Please visit our Frequently Asked Questions page for more information about the U-Haul Investors Club and investing in Notes.
You represent, warrant and agree not to use the U-Haul Investors Club or the Website to: (i) impersonate any person or entity, or falsely state or otherwise misrepresent or misidentify yourself or your age or create a false identity in connection with the U-Haul Investors Club; (ii) upload, post, transmit, share or otherwise make available 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 or hardware or telecommunications equipment; or (iii) use or attempt to use another's U-Haul Investors Club account without their permission.
Registration Data; Account Security
In consideration of your use of the Website, you agree to (a) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password, identification and U-Haul Investors Club account number; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All the registered trademarks, unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, and brand names on the U-Haul Investors Club website are our sole property. None of the above may be used in connection with any product or service in any manner that is likely to cause confusion with the services offered at the U-Haul Investors Club website and may not be copied, imitated or used, in whole or in part, without our prior written consent.
The contents of the U-Haul Investors Club website, including without limitation the designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (collectively, "site content"), are proprietary and copyrighted under United States law and protected by worldwide copyright laws and treaty provisions, with all rights reserved. The site content may not be copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any way or by any means, in whole or in part, without our prior written consent. We reserve all rights, title and interests – intellectual property and otherwise – for materials on the site.
Links to Other Websites and Content
The Website contains (or you may be sent through the Website or the U-Haul Investors Clubs) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of or linking to any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies do not govern such Third Party Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Website.
The offering of Notes under the U-Haul Investors Club is structured as a subscription offering. This means AMERCO is offering prospective investors the opportunity to subscribe to purchase Notes, which AMERCO may accept or reject. AMERCO reserves the right to accept or reject, in whole or in part, in its sole discretion, any subscription to purchase Notes. AMERCO also reserves the right to require prospective investors to provide certified copies of entity organizational documents and/or trust documents where applicable. Residents of certain states may be subject to investor suitability requirements and such prospective investors must ensure that they satisfy those requirements before offering to invest or investing in the Notes.
Consent to Electronic Transactions and Disclosures
Before you decide to join the U-Haul Investors Club, please ensure that you have access to the following required hardware and software: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above, or the equivalent software; and hardware capable of running this software.
How to Contact Us
You can contact us via email at firstname.lastname@example.org. You may also reach us in writing at the following address: U-Haul Investors Club, 2721 N. Central Avenue, Phoenix, AZ 85004.
You must keep us informed of any change to your email address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must update your U-Haul Investors Club account to reflect such change.
Availability of Funds; ACH Process (non-Qualified Accounts only)
With respect to non-Qualified Accounts (as hereinafter defined), in order to participate in the U-Haul Investors Club and invest in Notes, you must link a U.S. bank account ("Bank Account") to your U-Haul Investors Club account. Nominal debits to your linked bank account will be made by us, and shortly thereafter credited back to your account, as part of the initial account establishment and verification process. In order to invest in Notes for non-Qualified Accounts, Users must first fund their U-Haul Investors Club account by causing an Automated Clearing House ("ACH") transfer of funds from their Bank Account to their U-Haul Investors Club account. It will take up to five (5) business days for such funds to be transferred into User's U-Haul Investors Club account and available for User to use for investment in Notes. Uninvested funds in your U-Haul Investors Club account do not earn interest.
With respect to non-Qualified Accounts, in order for a User to remove funds from its U-Haul Investors Club account, such User must initiate an ACH transfer of those funds from User's U-Haul Investors Club account to the Bank Account. It will take up to five (5) business days for such funds to be transferred into User's Bank Account; provided, however, that with respect to funds transferred into User's U-Haul Investors Club account from the Bank Account, there will be a thirty (30) day hold before such funds are eligible for transfer to User's Bank Account. All transfers of funds shall be done by ACH through the Website. Please visit the Website for the step-by-step instructions on initiating ACH transfers.
In the event an ACH funds transfer is not processed due to insufficient funds in your Bank Account or otherwise, the returned amount will be deducted from your U-Haul Investors Club account balance or from Notes you have subscribed to purchase. Additionally, you must deposit good funds into your U-Haul Investors Club account to cover any remaining shortfall, if any, caused by such ACH return. If you do not deposit sufficient funds to cover such shortfall within 10 calendar days, any negative balance may be deducted from your most recently invested Notes.
Other Agreements and Contradiction of Terms
Notes issued under the U-Haul Investors Club are registered with the U.S. Securities and Exchange Commission on a Form S-3 Registration Statement filed October 7, 2010, as amended, and various Prospectus Supplements filed pursuant to Rule 424(b)(2) from time to time. The Notes are subject to the terms of the Base Indenture between AMERCO and U.S. Bank National Association, as Trustee, dated as of February 14, 2011 and the terms of various Supplemental Indentures entered from time to time. Collateral is pledged pursuant to Pledge and Security Agreements which are supplemented from time to time to update the collateral list thereunder, as well as other appropriate pledge and perfection documentation. This documentation (“Documentation”) is available on the Website, and much of it is available as well at sec.gov. Alternatively, if you would like a free paper copy of any such documentation, please contact us at email@example.com or by mail at U-Haul Investors Club, 2721 N. Central Avenue, Phoenix, AZ 85004. WE URGE ALL INVESTORS AND PROSPECTIVE INVESTORS TO READ SUCH DOCUMENTATION BEFORE MAKING AN INVESTMENT DECISION.
Risk Factors; Investment Decision
Risk factors and other considerations with respect to AMERCO and the Notes are identified in our Documentation. Please read the Documentation carefully before making an investment decision. Among other considerations, prospective investors and investors must understand that except between members of the U-Haul Investors Club through privately negotiated transactions relating exclusively to non-qualified (ie., non retirement/non IRA) accounts, the Notes are not transferable, redeemable or exchangeable and must be held by the investor until the respective stated maturity date of the Note. Transfers of the Notes held in Qualified Accounts (as hereinafter defined) are not permissible, other than transfers constituting Required Minimum Distributions (RMD). The Notes are not a liquid investment. If you believe you will need access to the funds you are otherwise planning on investing in Notes prior to the stated maturity date of such Notes, then you should not invest in the Notes at this time.
No Investment Advice
Neither AMERCO, the U-Haul Investors Club, the Trustee, nor any of their respective affiliates provides investment advice. We are not a fiduciary, investment advisor, broker or the like. We do not and will not review the merits, legitimacy, appropriateness or suitableness of any investment and we have no discretion to direct any investments for you. Prospective investors and investors must make their own investment decision about whether and when to invest in Notes and the selection of such Notes, if any. BY PARTICIPATING IN THE U-Haul Investors Club, YOU ACKNOWLEDGE AND AGREE TO THIS PROVISION.
No Fractional Notes
We do not issue fractional Notes. In the event Notes are passed to a designated beneficiary or beneficiaries upon the death of the account owner, such Notes will be passed based upon the account owner’s beneficiary designation in its U-Haul Investors Club account, based upon the number of Notes held by such account owner in each individual series of Notes, rounded to whole Notes. The first-listed beneficiary on the account owner’s U-Haul Investors Club account will be passed a greater number of Notes in any individual series of Notes, if and to the extent necessary to avoid the issuance or distribution of fractional Notes.
IRAs, Roth IRAs, and Coverdell Education Savings Accounts
Notes may be purchased into a self-directed qualified account, subject to Section 4975 of the Internal Revenue Code and other applicable laws, such as a self-directed IRA, self-directed Roth IRA, or a Coverdell Education Savings Account (“CESA”) (any of the foregoing, a “Qualified Account”). Please visit the Website for information on opening a Qualified Account. AMERCO affiliate Oxford Life Insurance Company (subject to substitution in its discretion) serves as the Custodian for the Qualified Accounts. Funds in a Qualified Account will not be available for investment in Notes until seven calendar days following finalization of account verification. By opening a Qualified Account, you authorize the Custodian to engage U-Haul to perform the account verification, funds withdrawal and transfer, and other account maintenance required for your account.
Holders of IRA/Roth IRA Qualified Accounts are required to understand and follow the rules and regulations with respect to Required Minimum Distributions (“RMD”), and to take their RMDs in the amounts and at the times as required per applicable law. The responsible individuals of a CESA are responsible for understanding the rules regarding qualified education expenses and ensuring that CESA funds are used only for that purpose. Members must also make their decision to establish a Qualified Account carefully, as members will not be permitted to recharacterize their Qualified Account from one form of U-Haul Investors Club Qualified Account to another. For example, a contribution to a U-Haul Investors Club Roth IRA cannot be recharacterized as a contribution to a U-Haul Investors Club traditional IRA, and vice versa.
You must ensure that you have sufficient funds to take your RMD as required. In the event you are required to take an RMD and do not have sufficient funds to do so from sources separate from your U-Haul Investors Club Qualified Account, you may convert your Notes held under your U-Haul Investors Club Qualified Account (or the appropriate portion thereof) into Notes to be held under a U-Haul Investors Club non-Qualified Account, which conversion would operate as an RMD. However, please note that in the event your Notes, or any portion thereof, held under your U-Haul Investors Club Qualified Account are converted into Notes to be held under a non-Qualified Account, we are not required to liquidate, redeem or otherwise buy-back your Notes or such portion thereof so converted and we do not anticipate that we would do so. Accordingly, in such event, you will have taxable income and no cash payments from the U-Haul Investors Club on account of such transaction to pay such liability, and in such event you may owe more in taxes than you would have owed, had you maintained sufficient funds in qualified accounts separate from your U-Haul Investors Club Qualified Account. We will not be liable for any penalties or taxes, including due to Note conversion as described above, related to your taking an RMD, your failure to take an RMD, or to your receipt of an amount in excess of the RMD.
With respect to CESAs, the responsible individual shall continue to serve as the responsible individual for the CESA after the designated beneficiary attains the age of majority under state law and until such time as all assets have been distributed from the CESA and the CESA terminates. If the responsible individual becomes incapacitated or dies after the designated beneficiary reaches the age of majority under state law, the designated beneficiary shall be the responsible individual.
Investors agree that such Note conversion from a Qualified Account to a non-Qualified Account, as well as any valuation of the Qualified Account for record-keeping and/or reporting purposes, shall be done in such equitable manner as determined by us. Investors must understand that where assets are illiquid or their value is not readily ascertainable on either an established exchange or generally recognized market, such as these Notes, the valuation is by necessity merely an estimate of value in a broad range of values, and its accuracy should not be relied upon for any other purpose.
Investors can only submit one distribution request per account per business day.
Please consult your tax advisor for any questions regarding Qualified Accounts.
The Website and the U-Haul Investors Club may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any problems or technical malfunction of the Website or of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including damage to the computer of any User or other person related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the U-Haul Investors Club.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY OR INDIVIDUALLY, "DAMAGE"), INCLUDING FOR ANY LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE U-Haul Investors Club OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGE AS A RESULT OF YOUR TRANSFER OR ATTEMPTED TRANSFER OF YOUR NOTE OR NOTES TO A THIRD PARTY. THIS LIMITATION ON LIABILITY APPLIES ONLY TO YOUR USE OF THE WEBSITE, AND NOT TO ANY CLAIMS FOR PERSONAL INJURY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED OR NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRINCIPAL BALANCE REMAINING IN YOUR ACCOUNT, IN CONNECTION WITH THE U-Haul Investors Club OR $100; PROVIDED HOWEVER, THAT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1000. This paragraph does not apply to New Jersey residents.
YOU ACKNOWLEDGE THAT IF NO INVESTMENTS ARE MADE BY YOU TO US IN CONNECTION WITH THE U-Haul Investors Club, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. This paragraph does not apply to New Jersey residents.
IN ADDITION, CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. This paragraph does not apply to New Jersey residents.
Governing Law and Jurisdiction
Arbitration Agreement and Waiver of Class Action
In the event of a dispute related to the U-Haul Investors Club, any investment in Notes thereunder, or any document, disclosure or agreement in connection with the foregoing, User agrees to submit the Dispute to binding arbitration in accordance with the following terms:
(a) Any party in its reasonable discretion may give written notice to the other applicable parties that the dispute be submitted to arbitration for final resolution. Within fifteen (15) calendar days after receipt of such notice, the receiving parties shall submit a written response. If the dispute remains following the exchange of the written notice and response, the parties involved in the dispute shall mutually select one arbitrator within fifteen (15) calendar days of receipt of the response and shall submit the matter to that arbitrator. If these parties cannot mutually agree on a single arbitrator during such fifteen (15) day period, these parties shall no later than the expiration of that fifteen (15) day period jointly submit the matter to the American Arbitration Association ("AAA") for expedited arbitration proceedings to be conducted at the AAA offices, or at another mutually agreeable location, in Reno, Nevada pursuant to the Association Commercial Arbitration Rules then in effect (the "Rules"). The AAA will follow the Rules to select a single arbitrator within fifteen (15) calendar days from the date the matter is jointly submitted to the AAA. The arbitrator (whether selected by the parties or by the AAA) shall hold a hearing within forty-five (45) calendar days following the date that the arbitrator is selected and shall provide a timeline for the parties to submit arguments and supporting materials with sufficient advance notice to enable the arbitrator to hold the hearing within that forty-five (45) day period. The arbitrator shall issue a tentative ruling with findings of fact and law within fifteen (15) calendar days after the date of the hearing. The arbitrator shall provide the parties an opportunity to comment on the tentative ruling within a timeframe established by the arbitrator, provided that the arbitrator shall render a final ruling within thirty (30) calendar days after the date of the hearing. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding to resolve a disputed claim, including, without limitations, the authority to impose sanctions, including attorneys' fees and costs, to the same extent as a competent court of law or equity.
(b) It is agreed that judgment upon any award rendered by the arbitrator may be entered in the courts of the State of Nevada or in the United States District Courts located in Nevada. Such court may enforce this arbitration provision, and the party seeking enforcement shall be entitled to an award of all costs and fees, including reasonable attorneys' fees, to be paid by the party against whom enforcement is ordered. The parties involved in a dispute may terminate any arbitration proceeding by mutually resolving any dispute prior to the issuance of a final arbitration ruling pursuant.
(c) In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees and costs for having to compel arbitration or to defend or enforce the arbitration award.
(d) User further waives any right to assert any class action or other type of representative claim against us in any matter involving the Website, the U-Haul Investors Club, any investment in the Notes thereunder, and any document, disclosure or agreement in connection with the foregoing.
Please print or save a copy of this Agreement for your records.
Last updated: December 14, 2016