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TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not utilize the services of this Web site.
MovingCompanies, LLC operates this Web site. For purposes of this Agreement, “MovingCompanies" means MovingCompanies, LLC.
SECURITY POLICY
MovingCompanies uses extensive and sophisticated secure technology to protect your data and transmissions between you, MovingCompanies, and service providers such as moving and storage companies that participate on this Web site (we refer to all of these as "Service Providers"). Here are the highlights:
• Transmission between browsers and our web server is implemented using (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
• Transmissions between MovingCompanies and participating Service Providers are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
• Our database is physically separated from our web server and is protected by a physical firewall.
Although MovingCompanies has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, MovingCompanies cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
MOVING AND RELOCATION SERVICES
MovingCompanies offers a service in which a completed moving quote request is matched to participating service providers in our network who will then respond to you with quotes for the service that you requested.
By submitting your quote request form, you agree to and accept this Agreement in its entirety and you authorize MovingCompanies to provide your information to the Service Providers in our network whose service coverage and criteria best match your request.
If you are matched with a MovingCompanies Service Provider, you are under no obligation to use it.
Terms Applicable to All Services
MovingCompanies is not a moving company or moving broker and does not perform moving services or provide storage services to consumers or businesses. MovingCompanies does not specifically endorse or recommend the products of any particular Service Provider on any of its websites. MovingCompanies is not an agent of you, the User, or any participating Service Provider. MovingCompanies's services are a research tool and resource for your benefit and are for consultative purposes only. You should rely on your own judgment in deciding which available Service Provider best suits your needs and financial means. The Service Providers are solely responsible for their services to you, and you agree that MovingCompanies shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.
MovingCompanies does not charge you, the User, a fee to use our service. MovingCompanies is paid a fee by participating Service Providers.
By hitting submit or requesting to be matched with Service Providers, you understand and agree that you are submitting an inquiry as to the service with MovingCompanies and each of the participating Service Providers to whom your request is transmitted. By submitting your request, you are extending an express invitation to each of the Service Providers to contact you by telephone at the numbers you have provided so they may assist you with your needs and you hereby consent to any such calls even if your phone number is on any Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2007 - 2007 MovingCompanies, LLC and/or its participating Service Providers. All rights reserved. MovingCompanies is a service mark of MovingCompanies, LLC. Other product and company names mentioned herein, including the names of participating Service Providers may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
MovingCompanies intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by MovingCompanies at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." MOVINGCOMPANIES AND/OR ITS SUPPLIERS, PARTICIPATING SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR MOVINGCOMPANIES'S SERVICES IS AT YOUR OWN RISK. MOVINGCOMPANIES AND/OR ITS SERVICE PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR MOVINGCOMPANIES'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVINGCOMPANIES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site and/or MovingCompanies's services, you agree to indemnify MovingCompanies and its participating Service Provider from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. MovingCompanies does not operate or control in any respect any information, software, products or services available on such Web sites. MovingCompanies’ inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
MovingCompanies is not responsible for any errors or delays in responding to a request form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by MovingCompanies, or to any acts or omissions for which you may contend MovingCompanies is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue of the arbitration shall be in New York County, New York. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to MovingCompanies. In any arbitration, MovingCompanies will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in New York County, New York. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MOVINGCOMPANIES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using MovingCompanies's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MovingCompanies, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement between you and MovingCompanies and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MovingCompanies with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |
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