TERMS OF SERVICE
The policies below are applicable to the MOVE IT network of websites that link to these Terms of Services (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by MOVE IT; apps published by MOVE IT, including the “MOVE IT” app; or any other services, interactive features, and communications made available by MOVE IT, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies (“Services”).
This is a legal agreement between you (“You” or “user”) and MOVE IT, LLC (“MOVE IT”) that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of MOVE IT’s rules and policies collectively constitute this “Agreement” between You and MOVE IT.
1. General Terms. By signing this Agreement, You agree to use MOVE IT for any related Services described herein and any other document outlining the Terms by which You agree to comply with MOVE IT’s policies and/or guidelines. By using the Services maintained, promoted, and undertaken by MOVE IT, You expressly agree to hold harmless MOVE IT, its officers, directors, agents, subsidiaries, joint ventures and employees or any affiliate of MOVE IT for the condition of any items and/or belongings by which You engage MOVE IT’s Services. By signing this Agreement, You further expressly agree and acknowledge that any drivers and/or transporters of items and/or other belongings on behalf of MOVE IT are independent contractors, and thereby solely responsible for damages, if any, caused by the pick up, transportation, and/or delivery of any items and/or belongings.
2. Limitations of Service. MOVE IT will not intentionally move any item and/or belonging, the value of which exceeds $500.00. By signing this Agreement, You agree and acknowledge that neither MOVE IT, its officers, directors, agents, subsidiaries, joint ventures and employees, in addition to any independent contractor of MOVE IT’s Services (including, without limitation, any drivers) will cover any amount of damages in excess of $500.00 in value. In essence, You hereby agree and acknowledge that, in no event in which any item and/or belonging or collection of items and/ or belonging for which YOU engage MOVE IT’s Services which exceeds $500.00 in fair market value, will MOVE IT, its officers, directors, agents, subsidiaries, joint ventures and employees, in addition to any independent contractor of MOVE IT’s Services will be responsible for any amount exceeding $500.00.
3. Damages/Losses. You hereby agree and acknowledge that, in the event that, in the operation and conducting of its Services, any item and/or belonging becomes damaged and/or destroyed, or any part thereof becomes damaged and/or destroyed, MOVE IT reserves the right to deem a damaged item repairable or replaceable in the event that MOVE IT agrees that such repair or replacement is economically feasible and can be done so without the destruction of the item and/or belonging. You further hereby agree and acknowledge MOVE IT’s rights to make a proper determination to either repair or replace any item and/or belonging, in addition to any portion of any item and/or belonging in the event MOVE IT accepts responsibility of the damage and/or destruction of any item, which is expressly limited by the terms and conditions listed herein.
4. Item Delivery/Transportation. Upon engaging MOVE IT’s Services, You must designate a point of contact (the “Point of Contact”) that is authorized to accept delivery of the item and/or belonging being transported by the driver. Before MOVE IT is obligated to deliver and/or transport any item, You agree to designate a Point of Contact by signing MOVE IT’s driver request form. Upon delivery of the item and/or belonging, the Point of Contact shall sign the MOVE IT driver request form, acknowledging successful delivery of the item and/or belonging. By naming a Point of Contact, You hereby expressly authorize such individual to accept the condition of the transported item as-is upon its delivery, thereby acknowledging the non-existence of damages thereto. Upon the Point of Contact’s signature of the driver request form, such signature confirms that the item has been successfully delivered to the agreed upon destination and that no damages of any kind have arisen as a result of MOVE IT’s delivery and/or transportation of such item. In addition, such signature waives any and all rights to You, as expressly limited herein, to submit a damage claim in an attempt to hold MOVE IT, its officers, directors, agents, subsidiaries, joint ventures and employees, in addition to its independently contracted drivers responsible for any damages occurring from the transportation and/or delivery of any item and/or belonging.
5. Payment for Services. Any and all payments for MOVE IT’s Services shall be debited upon submittal of the driver request form, as described above. You agree and acknowledge to pay any charges and/or fees related to the cancellation of services prior to the driver’s pickup of the requested item. Cancellation of service shall result in a charge of 50.00% of the total calculated cost for MOVE IT’s delivery and/or transportation of Your item and/or belonging. You further expressly agree to pay the entire cost of the move upon MOVE IT’s pick-up of the item and/or belonging. MOVE IT will not be responsible for any refund to You in the event successful delivery of the item cannot be made by fault of either You, the Point of Contact, or any third-party not affiliated with MOVE IT or its drivers.
6. Dispute/Claims. Any disputes related to the Services described herein against MOVE IT, or any independent contractor thereof shall be made within 24 hours of the delivery and/or transportation of the item and/or belonging by emailing MOVE IT at email@example.com and providing your full name, address, telephone number, in addition to a detailed description of Your dispute and/or claim, including the time and place Your items and/or belongings were delivered. You hereby agree and acknowledge that any such information provided to MOVE IT, amounting to any future dispute and/or claim against MOVE IT shall be truthful and made in good faith. In the event You submit a dispute and/or claim to the above-referenced MOVE IT email address within the requisite time, MOVE IT will review the substance of the dispute and contact You within 72 hours.
7. Arbitration. You hereby agree and acknowledge that MOVE IT reserves the right to submit any and all claims and disputes arising under or relating to this Agreement to be settled by binding arbitration in the State of Texas or another location mutually agreeable to the Parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. Any such arbitration shall be conducted by an arbitrator experienced in website development and/or contractual- related business disputes and shall include a written record of the arbitration hearing. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
8. Access License. MOVE IT grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without MOVE IT’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by MOVE IT to You.
9. Copyright and Ownership. All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by MOVE IT, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including without limitation the gernal design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, Content and all related rights shall remain the exclusive property of MOVE IT or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
10. Trademarks/No Endorsement. All trademarks, service marks and trade names of MOVE IT used herein (including but not limited to: MOVE IT name, MOVE IT corporate logo, the Services design, and any logos) (collectively referred to herein as the “Marks”) are trademarks or registered trademarks of MOVE IT or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post transmit, distribute, or modify MOVE IT trademarks in any way, including advertising or publicity pertaining to distribution of materials on the Services, without MOVE IT’s prior written consent. You shall not use MOVE IT’s name or any language, pictures or symbols which could, in MOVE IT’s judgment, imply MOVE IT’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
11. Account Registration. You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about Yourself as prompted by the Services’s registration, sign-in, or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MOVE IT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOVE IT has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for the security and confidentiality of Your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
13. Termination. You or we may suspend or terminate your right to use of this Services at any time, for any reason or for no reason. We may also block your access to our Services in the event that (a) You breach these Terms of Service; (b) we are unable to verify or authenticate any information You provide to us; or (c) we believe that Your actions may cause financial loss or legal liability for you, our users or us.
14. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. In addition, You represent and warrant that You will not use MOVE IT’s Services to promote, engage, participate in, or further any known illegal activity. You represent that You have read, understood, agree with, and will abide by the terms of this Agreement. In addition,You represent and warrant that You are the true owner of any items and/or belongings You contract with MOVE IT to have delivered and/or transported now and in the future and/or that You are fully authorized to engage in such transaction with MOVE IT. In essence, You hereby warrant and represent to MOVE IT that You are not interfering and/or infringing on any other individual’s right to use and possess any item and/or belonging by entering into this Agreement with MOVE IT.
15. DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SECURITY OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MOVE IT, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER MOVE IT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOVE IT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATIONS OF LIABILITY. MOVE IT DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL MOVE IT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. IN NO EVENT SHALL MOVE IT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED FIFTY U.S. DOLLARS (US $150.00) OR (B) THE TOTAL COST TO REPAIR AND/OR REPLACE AN ITEM (NOT TO EXCEED $500.00 TOTAL) IN THE EVENT MOVE IT ELECTS TO PAY FOR DAMAGES ASSOCIATED WITH ITS SERVICES. ANY AMOUNT OF DAMAGE TO AN ITEM IN EXCESS OF $150.00 WILL BE SETTLED BETWEEN YOU (THE USER) AND THE COMPANY THROUGH MOVE IT’S CLAIMS PROTOCOL, WHICH IS FULLY REFERENCED TO AND INCORPORATED BY THESE TERMS.
1. Indemnity. You agree to defend, indemnify and hold MOVE IT and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by You or Your authorized users; (ii) Your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) Your violation of any third party right, including without limitation any right to use and/or possess any item and/or belonging; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that You provide to MOVE IT, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with Your unique username, password or other appropriate security code.
2. Release. In the event that You have a dispute with one or more other users of the Services, You release MOVE IT (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind any nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. Force Majeure. Neither MOVE IT nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
5. General. Any claim relating to and the use of, this Services and the materials contained herein is governed by the laws of the State of Texas. You consent to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas. A printed version of these Terms or Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by MOVE IT in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement.
1. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. MOVE IT has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. MOVE IT has adopted a policy that provides for the removal of any content or the potential suspension of any user that is found to have repeatedly infringed on the rights of MOVE IT or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, You should notify us by using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is _____________________________.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Services that You claim is infringing, with enough detail so that we may locate it on the Services;
3. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
5. Additional Assistance. If You do not understand any of the foregoing Terms of Service or if You have any questions or comments, we invite you to contact us at firstname.lastname@example.org.
6. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2018, MOVE IT, LLC. ALL RIGHTS RESERVED.