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Terms
and Conditions
Terms Of Use
This page sets forth the "Terms and Conditions" under which you may use
CallMovers.com (the “Web Site”). Please read this page carefully. IF YOU
DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE
THE WEB SITE. By using the Web Site, you are indicating your agreement
to be bound by these Terms and Conditions, without modification. CallMovers.com
(the "Company") reserves the right to modify, update, or change these Terms
at any time and for any reason, and such revisions are effective immediately.
By continuing to use this Web site after such revisions, you agree to be
bound by any such revision and should therefore periodically visit this
page of the Web site and print the latest version of the Terms for your
records.
By accessing the CallMovers.com Web site, or by using the CallMovers.com Web
site or any services provided by CallMovers.com, you agree that you have read
and consent to the terms of our Privacy Policy. The information you provide
to CallMovers.com will assist you in choosing a moving company or other service
provider suitable for your individual relocation needs and we are committed
to safeguarding your personally identifiable information according to the terms
of our Privacy Policy. Our Privacy Policy is an element of these Terms, and
by agreeing to these Terms you are also agreeing that you have read and accept
the terms of the Privacy Policy. If you have not read our Privacy Policy, please
do so now.
LEGAL NOTICES
Moving Quote Requests: CallMovers.com is NOT a relocation
and/or moving service provider ("Mover"), nor a carrier or broker. CallMovers.com
does not provide any relocation services, nor endorse or recommend the
services and/or products of any mover participating in the CallMovers.com
Web site. CallMovers.com is not an agent of the User, nor of any participating
Movers or other listed service providers or retailers on the CallMovers.com
Web site, and will not be liable to you for any actions or omissions of
any participating Mover or other service provider or retailer. No third
party beneficiary relationship is intended to be conferred by making the
services of CallMovers.com's Web site available to Users or Movers. CallMovers.com's
services are free to the User and of an administrative nature only; CallMovers.com
is not involved in any actual transactions between Users and Movers.
CallMovers.com acts only as a passive conduit to facilitate
contacts between Users and Movers, and you, the User, hereby expressly grant
CallMovers.com permission to disclose any and all information you provide
to CallMovers.com to any or all of the participating Movers in accordance
with our Privacy Policy and as CallMovers.com, in its sole discretion, deems
appropriate to match both the User's moving and relocation needs and the
Mover's service capabilities.
Any information provided by you to CallMovers.com must be
accurate, complete, and true, and you must not misrepresent your identity.
You specifically agree not to submit any quote requests unless you intend,
in good faith, to hire a Mover within the next 180 days following the date
of said quote request ("good faith quote request"). You warrant and represent
to CallMovers.com that you are not an individual or company involved in the
moving business seeking to obtain participating Movers' quotes for any purpose
other than to submit a good faith quote request yourself. CallMovers.com
neither represents nor guarantees that a User will find a Mover or a quote
satisfactory to the User.
The Mover selected by the User is solely responsible and liable
for providing the contemplated moving and relocation services, and you agree,
in conformance with the Disclaimers and Limitations of Liability, below,
that CallMovers.com shall not be liable for any damages, costs, or injury
whatsoever resulting from, or alleged to result from, any activity related
to your use of CallMovers.com's Web site or your dealings with any Mover.
Further, you agree that CallMovers.com has the right to follow up with you
after completion of the moving and/or relocation transaction and to request
the name of the retained Mover.
Retailers, Content or Service Providers Connected to the CallMovers.com
Web Site:
For your convenience, CallMovers.com provides on its Web site the services,
products, and content of other retailers and content and service providers
relevant to the moving industry. Such products, content, and services are beyond
the control of CallMovers.com and CallMovers.com assumes no responsibility
or liability for such products, contents, or services, including, without limitation,
the quality or look thereof, or any hyper links to or from such products, contents,
or services. You hereby expressly agree to release CallMovers.com from any
and all claims arising out of your dealings or disputes with any retailers
or other content or service providers now, in the future, or formerly connected
to the CallMovers.com Web site, in conformance with the Disclaimers and Limitations
of Liability.
Disclaimers and Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOVINGCARE.COM DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES RELATING TO THIS WEB SITE, ITS USE AND SERVICES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, CONTINUOUS, UNINTERRUPTED
AND/OR ERROR-FREE SERVICE, FREEDOM FROM COMPUTER VIRUS STRAINS, THE QUALITY,
IDENTITY, OR RELIABILITY OF ANY MOVER, OR THIRD PARTY WHO PARTICIPATES ON THE
WEB SITE, AND THE ACCURACY OF POSTINGS MADE ON THE WEB SITE BY US, OR BY OR
ON BEHALF OF USERS, MOVERS, OR THIRD PARTIES WHO PARTICIPATE ON THE WEB SITE,
OR ANY IMPLIED WARRANTIES ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, THE COURSE
OF PERFORMANCE, DEALINGS, OR TRADE USAGE.
YOU EXPRESSLY AGREE THAT USE OF MOVINGCARE.COM AND ITS SERVICES IS AT YOUR
SOLE RISK. IN NO EVENT SHALL MOVINGCARE.COM, NOR ANY OF ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR OTHER REPRESENTATIVES, BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGE OR INJURY OF ANY KIND, RESULTING FROM, ALLEGED
TO RESULT FROM, OR CONNECTED TO THE USE, THE DELAY IN USING, OR INABILITY
TO USE THIS WEB SITE, OR FOR ANY MATERIAL CONTAINED IN, OR PRODUCTS PURCHASED
ON, OR SERVICES OBTAINED THROUGH, THIS WEB SITE, WHETHER RESULTING IN WHOLE
OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MOVINGCARE.COM
HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF ANY DAMAGES OR INJURY.
IN NO EVENT SHALL MOVINGCARE.COM BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR
OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
IN PARTICULAR, YOU AGREE THAT MOVINGCARE.COM SHALL IN NO EVENT BE LIABLE
OR RESPONSIBLE, IN WHOLE OR IN PART, FOR ANY OUTSTANDING DEBTS, FEES, COSTS,
OR EXPENSES INCURRED BY A MOVER OR A USER AS A RESULT OF A TRANSACTION
BETWEEN A MOVER AND A USER.
MOVINGCARE.COM DOES NOT REPRESENT OR WARRANT THAT INFORMATION, MATERIAL,
SERVICES, ADVICE, OR PRODUCTS ON THIS WEB SITE, WHETHER PROVIDED BY MOVINGCARE.COM,
AFFILIATES, OR THIRD PARTIES, ARE APPROPRIATE, ACCURATE, CORRECT, COMPLETE,
CURRENT, RELIABLE, OR TIMELY.
ALL INFORMATION, PRODUCTS, MATERIALS, ADVICE, PERSONALIZATION, AND CUSTOMIZATION
ON, AND ALL OTHER SERVICES CONTAINED ON, PROVIDED BY, OR RELATED TO, OUR
WEB SITE OR PARTICIPATING RETAILERS OR MOVERS, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS
WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE MUST BE BROUGHT
WITHIN ONE (1) YEAR OF THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO THE
CLAIM.
Certain Jurisdictions: Some jurisdictions do not allow exclusion
of certain warranties or the exclusion of liability for incidental or
consequential damages. If you reside in such a jurisdiction, the above
disclaimers and limitations will only apply to you to the maximum extent
permitted by law.
Termination and Suspension of Service: CallMovers.com may
terminate any particular User's use of our services, or may suspend or
terminate our services in general, at any time, for any reason, with or
without notice to the User.
User Access and Interference: You agree and promise that
you will not use any device, software, routine, or other method to interfere
or attempt to interfere with, disrupt, or attempt to disrupt, or impose
any disproportionate load on the infrastructure or proper functioning of
the CallMovers.com Web site, servers, networks, or any database connected
to the Web site, or to deface or alter the contents of the Web site.
User Feedback: The CallMovers.com Web site includes a venue
for User feedback designed to facilitate the exchange of opinions, experiences,
and thoughts ("User Feedback") with CallMovers.com about the CallMovers.com
Web site, its content, services, and products, and the services and products
provided by participating Movers. By submitting User Feedback to this Web
site, you agree that such a submission is public for all purposes and that
CallMovers.com may publish and use such User Feedback for marketing, advertising,
and other purposes. Accordingly, if you make any such submission, you automatically
grant - or warrant that the owner of such content has expressly granted
- CallMovers.com a royalty-free, perpetual, irrevocable, world-wide, license
to use, reproduce, sub-license, prepare derivative works, distribute, display,
and otherwise make available to the public such User Feedback in any media
or medium, or any form, format, or forum, now known or later developed.
You hereby waive all rights to any claim against CallMovers.com for any
alleged or actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, or rights of attribution in connection with
such User Feedback. You agree that you will not upload or transmit any
type of communications or content that infringes or violates any rights
of any party. You agree that CallMovers.com is not responsible, nor liable
for the appropriateness, accuracy, completeness, correctness, timeliness,
or veracity of displayed or distributed User Feedback. It is understood
and agreed that reliance upon any User Feedback is your sole responsibility
and at your sole risk.
INTELLECTUAL PROPERTY
Copyrights: All of the contents on this Web site, other than
User Feedback, is the property of CallMovers.com, and/or its suppliers,
participating Movers, or service providers and is protected by U.S. and
international copyright laws.
Trademarks: All trademarks, trade names, brand names, and
service marks of CallMovers.com, whether registered or unregistered, are
the property of CallMovers.com and are protected by U.S. and international
trademark laws.
Patents: All patents, patentable assets, inventions, and
patent applications of CallMovers.com are the property of CallMovers.com
and are protected by U.S. and international patent laws.
Limited License: CallMovers.com authorizes you to download
the material on this Web site solely for your personal, non-commercial
use without the right to distribute any such material to any other person
for commercial gain. If you violate any provision of these Terms of Service,
your permission to use the contents of this Web site automatically terminates
and you must immediately destroy any copies you have made of any portion
of the content of this Web site.
GENERAL LEGAL PROVISIONS
Third Party Links: This Web site may include or
provide links to Web sites maintained by third parties, and these Web
sites may include information, recommendations, services, software, or
products beyond CallMovers.com's control. When accessing some of those
links and in order not to impair the User experience, you may not be
able to tell that you have left CallMovers.com's Web site. These links
are provided for your convenience and reference only. In providing these
links, CallMovers.com does not represent that it has investigated the
content of such Web sites, nor does it imply any endorsement by CallMovers.com
of the services, products, or content provided on such Web sites. In
consequence, you specifically acknowledge and agree that CallMovers.com
has no or minimal control over such sites and is not responsible or liable
for any content, advertising, products, services, or other materials
on or available from such Web sites.
Indemnification: You agree to indemnify, defend, and hold
harmless CallMovers.com, its officers, directors, employees, agents, suppliers,
co-branders, partners, representatives, shareholders, attorneys, successors,
and assigns, from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs, and expenses (including reasonable
attorneys' fees and litigation expenses), caused by, arising out of, or
associated in any way with your violation of these Terms or any activity
related to the use of CallMovers.com's Web site by you or any other person
accessing CallMovers.com's Web Site using your account. In addition, you
shall promptly notify us of any legal claim, demand, right, or cause of
action asserted, instituted, or threatened against us that arises from
or in connection with these Terms, whether or not you are obligated to
indemnify us for such claims hereunder.
International Law: CallMovers.com is based in the State of
Florida in the United States of America. CallMovers.com's Web site and
services are not directed to Users located outside the United States of
America, nor intended for use by non-U.S. residents. If you access the
CallMovers.com Web Site from outside the United States, you do so at your
own risk and are responsible for compliance with the laws of your jurisdiction.
You hereby expressly consent to the use and processing of your personally
identifiable information in accordance with CallMovers.com's Privacy Policy.
You specifically acknowledge that you have read and consent to the terms
of the Privacy Policy.
Entire Agreement: Except as expressly provided elsewhere
in writing at the CallMovers.com Web site, these Terms constitute the entire
agreement between you and CallMovers.com with respect to the use of CallMovers.com's
Web site and content. Your use of the CallMovers.com Web site is also subject
to the CallMovers.com Privacy Policy. You also may be subject to additional
terms and conditions that may apply when you use a Mover's services, third-party
services or content, or purchase third-party products.
Waiver: Our failure to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision.
No waiver of any of these Terms shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
Severability: If any provision of these Terms is found by
a court of competent jurisdiction or arbitration tribunal to be invalid
or unenforceable, the parties nevertheless agree that the court shall endeavor
to give effect to the parties' intentions as reflected in said provision,
and the remainder of the Terms shall continue in effect.
Modification: Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Terms.
Assignment: CallMovers.com may assign its rights and duties
under these Terms to any party at any time without notice to you and/or
your approval. You may not assign any rights or duties under these Terms
without the express written consent by CallMovers.com.
Acknowledgment: You acknowledge that the provisions, disclosures,
and disclaimers set forth in these Terms are fair and reasonable and your
agreement to follow and be bound by them is not the result of fraud, duress,
or undue influence exercised upon you by any person or entity. You hereby
acknowledge that you have read these Terms, have had an opportunity to
consult with you own legal counsel if you so desired, and agree to be bound
by all its terms and conditions. You agree that, in interpreting these
Terms, no weight shall be placed upon the fact that these Terms has been
drafted by us, and you shall not assert that these Terms are unenforceable
or invalid on the grounds that this is a contract of adhesion, that they
are unconscionable, or any similar theory.
Notwithstanding any provisions of these Terms, CallMovers.com
has available all rights and remedies at law or equity to enforce these
Terms, and may, in its sole judgment and in addition to these rights and
remedies, block your access to the CallMovers.com Web site if you breach
any of these Terms. There are no representations, promises, warranties,
or undertakings by CallMovers.com contrary to those set forth above.
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