Terms Of Service
Welcome to GetBestMover! We are excited that you have
decided to take advantage of the many useful services offered on our Web site,
which include having movers compete for your business. Please take a moment to
read the following important information and indicate whether or not you agree
to be bound by these Terms of Service (the "Terms"). It is important
that you read this information to ensure that you understand and are willing to
abide by the terms and conditions of our relationship. If you have any
questions or comments about these Terms - or about GetBestMover Moving in
general - please contact us via e-mail at info@GetBestMover.com, by telephone
at 1-800-856-7196,
BY USING GetBestMover WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS THE GetBestMover WEB SITE.
We reserve the right to
modify, update, or change these Terms at any time and for any reason, and such
revisions are effective immediately upon the earlier to occur of posting of the
revisions or notification to you at the e-mail address you have provided us
with. 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. For
your convenience and information, the date of the last update to these Terms is
listed at the top of this document. If any modification is unacceptable to you,
please do not continue to use the GetBestMover Web site.
By accessing the GetBestMover
Moving Web site, or by using the GetBestMover Web site or any services provided
by GetBestMover Moving, you agree that you have read and consent to the terms
of our Privacy
Policy . The information you provide to GetBestMover Moving 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.
TABLE OF CONTENTS:
1.
Users, Movers, and GetBestMover
2.
Legal Notices
3.
Intellectual Property
4.
General Legal Provisions
1. USERS, MOVERS, AND GetBestMover
Any reference in these
Terms of Service to:
· "User,"
"you," and "your" means any person or entity visiting,
and/or subscribing to the services offered on, the GetBestMover Moving Web
site, located at http://www.GetBestMover.com/
other than Movers who have agreed to participate in one of the GetBestMover
Moving Affiliate Programs.
· "Mover" means
any moving and/or relocation service provider participating in the GetBestMover
Moving Web site.
· "GetBestMover"
include the GetBestMover Moving Web sites, GetBestMover.com
2. LEGAL NOTICES
·
Moving Quote Requests: GetBestMover Moving is not
a relocation and/or moving service provider ("Mover"), nor a carrier
or broker. GetBestMover Moving does not provide any relocation services, nor
endorse or recommend the services and/or products of any mover participating in
the GetBestMover Web site. GetBestMover Moving is not an agent of the User, nor
of any participating Movers or other listed service providers or retailers on
the GetBestMover 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 GetBestMover's Web site available to Users or Movers. GetBestMover's
services are free to the User and of an administrative nature only; GetBestMover
is not involved in any actual transactions between Users and Movers. GetBestMover
acts only as a passive conduit to facilitate contacts between Users and Movers,
and you, the User, hereby expressly grant GetBestMover Moving's permission to
disclose any and all information you provide to GetBestMover to any or all of
the participating Movers in accordance with our Privacy
Policy and as GetBestMover, 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 GetBestMover Moving 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 GetBestMover Moving 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. GetBestMover Moving 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 GetBestMover Moving 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 GetBestMover Moving's Web site
or your dealings with any Mover. Further, you agree that GetBestMover Moving
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.
·
Other Retailers, Content or Service Providers Connected to the GetBestMover
Moving Web Site: For your convenience, GetBestMover
Moving 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 GetBestMover
Moving and GetBestMover Moving 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 GetBestMover Moving 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 GetBestMover Moving Web site, in conformance with the Disclaimers and
Limitations of Liability.
· Disclaimers and
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, GetBestMover MOVING 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 GetBestMover Moving AND ITS SERVICES IS AT YOUR
SOLE RISK. IN NO EVENT SHALL GetBestMover Moving, 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 GetBestMover Moving HAS BEEN
ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF ANY DAMAGES OR INJURY. IN NO EVENT
SHALL GetBestMover Moving BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD
PARTY'S ACTS OR OMISSIONS.
IN
PARTICULAR, YOU AGREE THAT GetBestMover Moving 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.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
GetBestMover Moving DOES NOT REPRESENT OR WARRANT THAT
INFORMATION, MATERIAL, SERVICES, ADVICE, OR PRODUCTS ON THIS WEB SITE, WHETHER
PROVIDED BY GetBestMover Moving, 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.
GetBestMover Moving uses Secure Sockets Layer (SSL) technology to protect your
personally identifiable information and transmissions between you and GetBestMover
Moving. Although GetBestMover Moving has taken all appropriate and reasonable
steps to ensure delivery and disclosure of your information only to
participating Movers, information will be transmitted over a medium which is
beyond the control and jurisdiction of GetBestMover Moving. GetBestMover Moving
ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION,
CORRUPTION, INTERCEPTION, OR DECRYPTION OF ANY DATA TRANSMITTED IN CONNECTION
WITH THE USE OF THE GetBestMover Moving WEB SITE.
· 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: GetBestMover Moving 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 GetBestMover Moving 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 GetBestMover
Moving Web site includes a venue for User feedback designed to facilitate the
exchange of opinions, experiences, and thoughts ("User Feedback")
with GetBestMover Moving about the GetBestMover Moving 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 GetBestMover Moving 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 - GetBestMover
Moving 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 GetBestMover Moving 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 GetBestMover Moving 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.
3. INTELLECTUAL PROPERTY
· Copyrights: All of the
contents on this Web site, other than User Feedback, is the property of GetBestMover
Moving, 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 GetBestMover Moving, whether
registered or unregistered, are the property of GetBestMover Moving and are
protected by U.S.
and international trademark laws.
·
Patents: All patents, patentable assets, inventions, and patent applications
of GetBestMover Moving are the property of GetBestMover Moving and are
protected by U.S.
and international patent laws.
· Limited License: GetBestMover
Moving 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.
4.
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 GetBestMover Moving'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 GetBestMover
Moving's Web site. These links are provided for your convenience and reference
only. In providing these links, GetBestMover Moving does not represent that it
has investigated the content of such Web sites, nor does it imply any
endorsement by GetBestMover Moving of the services, products, or content
provided on such Web sites. In consequence, you specifically acknowledge and
agree that GetBestMover Moving 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 GetBestMover
Moving, 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 GetBestMover
Moving's Web site by you or any other person accessing GetBestMover Moving'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.
·
Arbitration and Choice of Law: Any disputes or claims arising out of, resulting from, or
alleged to result from, or related to the use of GetBestMover Moving's Web site
and services shall be finally and exclusively resolved by final and binding
arbitration in the county of Montgomery, Maryland,
U.S.A.,
under the rules of the American Arbitration Association. The arbitrator may
enter a default decision against any party who fails to participate in the
arbitration proceedings. Judgment on the award may be entered in any court
having jurisdiction thereof. Further, to the extent that any claims you assert
against GetBestMover Moving fall outside the scope of the preceding arbitration
provision, you hereby consent to the exclusive jurisdiction and venue of the
courts of Maryland
for any disputes or claims involving GetBestMover Moving. These Terms shall be
governed by and construed in accordance with the laws of the State of Maryland, without giving
effect to the principles of conflicts of law thereof.
·
International Law: GetBestMover Moving is based in the State of Maryland
in the United States of
America. GetBestMover Moving'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 GetBestMover Moving
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 GetBestMover Moving'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 GetBestMover Moving Web site, these Terms constitute the entire agreement
between you and GetBestMover Moving with respect to the use of GetBestMover Moving's
Web site and content. Your use of the GetBestMover Moving Web site is also
subject to the GetBestMover Moving 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: GetBestMover
Moving 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 GetBestMover
Moving.
·
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, GetBestMover Moving 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 GetBestMover Moving Web site if you breach any of these
Terms. There are no representations, promises, warranties, or undertakings by GetBestMover
Moving contrary to those set forth above.