You acknowledge and agree to the following Agreement when you use the www.moverscorp.com. Our responsibilities are specific and limited to the terms of this Agreement. You must read, agree with, and accept all of the terms and conditions contained in this Agreement which are those terms, conditions and definitions expressly set out below.
1. Definitions
The following is a non-exhaustive list of definitions that shall apply to the use of Moverscorp.com; other definitions are included throughout the text:
- "You", "Your" - you, individually,
or you for and on behalf of, an entity, organization or corporation,
who desires to book services, such as full moving services and others,
to the consuming public;
- "We", "Us", "Our", "Movers Corp",
"Moverscorp.com", - Local Movers Corp., a Utah Corporation
with principal place of business in Salt Lake City, Utah;
- "Services" - the services that You contract to obtain via
Moverscorp.com;
- "Customer(s)" - individual or organization who desires to obtain Services via Moverscorp.com;
"Mover" - an entity, organization or corporation, who desires to provide services, such as full moving services and others, to the consuming public;
"Moving Service" - Service provided by Movers with or without their moving truck to relocate residential and/or commercial property.
2. Access to Moverscorp.com
You acknowledge that We allow You to use the MoversCorp.com free of charge to search and book full-service Movers. You agree to use common sense and good business judgment when using the Moverscorp.com.
3. Modification
You hereby agree and acknowledge that at anytime and at Our sole discretion, We may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on Moverscorp.com. All modified terms and conditions shall take effect immediately after posting. You agree to regularly review MoversCorp.com for any modified terms and conditions. You agree and consent to any and all modified terms and conditions hereunder. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. This Agreement may not be modified, amended, and/or changed by You in any manner without the specific written consent of Us through the authorized officer.
4. Qualification for Use of Moverscorp.com
You must be an individual who can enter into a legally binding contract under applicable law in order to qualify to use of Moverscorp.com. In compliance with the Child Online Privacy Protection Act, this website is not intended or provided for use by minors.
5. Online Venue
Moverscorp.com functions solely as an online venue to connect You and Mover. Moverscorp.com acts solely as a neutral venue to accommodate Mover(s) with You. Mover(s) does not work for or represent Moverscorp.com. We do not provide any endorsement for You or Services, You acknowledge and agree that We do not provide the Services and We are not in any way responsible for assisting You in any manner with Your provision of the Services. We do not guarantee the ability of a Mover to complete Service. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to the Services are not provided by Us and are specifically and solely between You and the Mover.
6. Transaction for Services
By clicking "Next: Complete", you acknowledge and agree that you have submitted a Moving Service Order and that this is Your effective offer to enter into a transaction for the Services with a Mover.
7. Payment for Services
Furthermore, by clicking " Next: Complete", you acknowledge and agree that you that you are entering into binding contract with a Mover.
You agree to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information. We cannot guarantee the ability of you to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm your identity or ability to pay for the provided Services. Upon the completion of the Service, you represent and warrant that you will complete the transaction with the Mover. You agree that You are responsible for any and all payments owed to the Mover.
8. Customer Feedback and Reviews
For each Moverscorp.com transaction, You are allowed to review and rate the Mover by leaving personal feedback. Feedback consists of leaving ratings, along with a short comment about Your moving experience. Feedback scores are used to calculate rankings under various parts of the website. To maintain the integrity of the reviews system, reviews left for a Mover become a permanent part of that Mover’s profile. Customer reviews cannot be edited or deleted.
Furthermore, You expressly grant Us the irrevocable, perpetual, worldwide and royalty free right to use Your Service Provider review (including your first name and the first letter of your last name) for our advertising and marketing purposes in any manner and in any media that We so choose whether now known or hereafter devised. You agree that You will not allow Your hired Mover review to be used by a Mover for their own advertising and marketing on their own websites and materials as such use is outside of the purpose of this provision and the Moverscorp.com. Finally, you agree that you do not have the right to remove or edit your review.
9. Services Offered: Moving Services
Only
You agree that Moverscorp.com is a place where You order moving service only. Moving service is a Service provided by Movers with or without their moving truck to relocate residential and/or commercial property. You agree that You will not use Your participation in the Moverscorp.com as means to hire or market any other types of goods or services. Moverscorp.com reserves a right to delete, limit and suspend, without prior notice, any information and/or User representations that it finds in violation of Moverscorp.com’s Agreement.
10. Your Disclosure of Your Personally
Identifiable Information
WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE ARE NOT RESPONSIBLE
FOR THE PRIVACY PRACTICES OF ANY MOVER NOR ARE WE RESPONSIBLE FOR THE
ACTIONS THAT ANY MOVER MAY TAKE WITH REGARD TO YOUR PRIVACY OR YOUR
PERSONALLY IDENTIFIABLE INFORMATION.
11. Disputes
Moverscorp.com is not responsible for investigating and/or resolving any disputes or complaints between You and the Mover. All such disputes, including damages to property or possessions, must be handled directly between You and the Mover or by any other means agreed both by You and Mover. In addition, You expressly agree to release Moverscorp.com from any and all liability associated therewith.
12. Protection of Intellectual
Property Content
Moverscorp.com contains copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos and HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Our sole property and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Our website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that Your use of Moverscorp.com does not confer upon You any license or permission to use Our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
13. Third Party Links
Moverscorp.com may provide links to third party websites. We specifically disclaim any representation or warranty regarding the products, services, content, accuracy, reliability and function of any third party website. You agree and acknowledge that We have no responsibility or liability for any transactions, communications or interactions between You and third party websites and/or their owners. We do not endorse, recommend and/or control any third party website. Your use of any third party website, whether provided as a link by this website or not, is strictly at Your own risk.
14. Content
Moverscorp.com is not responsible for the content, images, information, or third party links published on this website by Movers and Customers other than Moverscorp.com itself. Therefore, any registered Customer or Mover is completely responsible for all information they choose to upload and publish on Moverscorp.com. The content published on Moverscorp.com by Movers or Customers is strictly the responsibility of its publishing user. Movers Corp blog is an independent and neutral source of useful information and community platform.
You are also agreeing that Moverscorp.com is not responsible for any damage or loss incurred through third party websites or Services. You agree that Moverscorp.com is not responsible or liable for not only any information published on Moverscorp.com by its Movers, but also any further content /communication created between You and a registered Mover.
Moverscorp.com does not guarantee any credentials, representations of any of its Movers. Moverscorp.com does not verify, credit check, or hold its Movers to any qualifications. However, We do reserve the right to refuse service to those We feel are acting out of malice, dishonesty, false pretenses, or against Our policy outlined in the Agreement of Moverscorp.com. Moverscorp.com does not screen or support any information published by its Movers. However, We do reserve the right to delete any information, links, or content that We feel violates the Agreement of Moverscorp.com. You hereby agree that Moverscorp.com is not responsible for any loss, or damage You may receive from any information posted or Services promised by registered Movers of Moverscorp.com.
15. Cancellations
You can cancel Your contracted Service without any fees by calling us and providing the job number or submitting the cancellation form online.
16. Your Information
You expressly represent and warrant the following: 1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information posted on the website, or; 2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non- exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.
You further represent and warrant that any and all of your online communication, content and/or distribution of information:
1. Will not violate any federal or state law, regulation, rule, or statute;
2. Will not violate the terms of this Agreement;
3. Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
4. Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain child pornography;
5. Will not be libelous, threatening, harassing or defamatory;
6. Will not contain any computer hardware or software, viruses or any other computer programming that may interfere with the operation of this website, operation of any of Our systems and or create or impose a large burden or load on the website;
7. Will not be used for commercial or public purposes outside of the requirements of this Agreement;
8. Will not scan or test the vulnerability or security of Our website or the system within which it operates;
9. Will not create liability for us in any manner whatsoever;
10. Frame or link to the website;
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
17. Termination
We reserve the right to terminate this Agreement or the website for any reason at anytime without notice.
18. Arbitration
Any legal claim arising out of or relating to this Agreement or Our services, excluding legal action taken by Moverscorp.com to collect Our fees and/or recover damages for, or obtain an injunction relating to, the Moverscorp.com site operations, intellectual property, and Our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
19. Waiver of Jury Trial
If for any reason the above provision requiring arbitration is declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted other than as contemplated by these provisions, each party waives any right it may have to a trial by jury and consents to the venue of such action in Salt Lake City, Utah.
20. WARRANTY DISCLAIMER
USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE IS SPECIFICALLY PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. In certain jurisdictions, the foregoing disclaimer may not apply to you.
WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE WEBSITE, OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS) , OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO AS A RESULT OF A CONNECTION BY THIS WEBSITE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL MOVERSCORP.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF MOVERSCORP.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MOVERSCORP.COM WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
(A) THE USE OF OR THE INABILITY TO USE THE SERVICES;
(B) ANY SERVICES CONTRACTED THROUGH MOVERSCORP.COM, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MOVERSCORP.COM'S SERVICES; OR
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.
THE LIABILITY OF MOVERSCORP.COM TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
22. Indemnification
You shall indemnify, defend and hold harmless Moverscorp.com and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of Moverscorp.com. Moverscorp.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Moverscorp.com.
23. Assignment
This Agreement may be assigned and transferred by us to a third party at anytime and without notice to you. This Agreement may not be assigned by you.
24. Independent Contractor
You hereby agree and acknowledge that Your use of this website does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us whatsoever.
25. Notices
All notices shall be sent certified mail to:
Local Movers Corp
PO Box 520924
Salt Lake City, UT 84152
26. Severability
Each provision of this Agreement is intended to be severable. If any term, covenant, condition, or other provision herein is unlawful, invalid or unenforceable for any reason whatsoever, and such illegality, invalidity or unenforceability does not affect the remaining parts of this Agreement, then all such remaining parts hereof shall be valid and enforceable and have full force and effect as though the invalid or unenforceable provisions had not been included. A waiver of any part of our performance under this Agreement shall not constitute a waiver of the whole.
27. Headings
The headings contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof.
28. Integration
This Agreement supersedes any and all prior discussions and agreements and the parties in this Agreement to the extent set forth herein contains the sole, final and complete expression and understanding between the parties hereto.
29. No Third Party Beneficiaries
No person other than the parties hereto, shall have any rights or claims under this Agreement.
30. Governing Law
This User Agreement will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these User Agreement or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the User Agreement or Privacy Policy, as applicable, will continue in full force and effect. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by Moverscorp.com. This User Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.