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.
The following is a non-exhaustive list of definitions that shall apply to the use of Moverscopr.com; other definitions are included throughout the text:
• "You", "Your", "User",
"Mover" - you, individually, or you for and on behalf of,
an entity, organization or corporation, who desires to provide services,
such as full moving services and others, to the consuming public;
• "We", "Us", "Our", "Moverscorp.com", – Local Movers Corp., a Utah Corporation with principal place of business in Salt Lake City, Utah;
• "Services" - the services that You offer to provide and/or provide to the consuming public;
• "Customer(s)" – individual or organization who desires to obtain Services via Moverscopr.com;
• "Agreement" - the Mover’s agreement for use of Moverscopr.com.
2. Sign-up, Common Sense and Business Judgment
You acknowledge that We allow You to sign up on the MoversCorp.com free of charge to provide moving Services and allow You to post Your offered Services free of charge. In addition, You agree to use common sense business practice and sound business judgment when utilizing Our services. We reserve a right to verify and check all the information posted under Mover’s profile.
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.
Moverscorp.com is not responsible for the content, images, information, or third party links published on this website by Users other than Moverscorp.com itself. Therefore, any registered User or Mover is completely responsible for all information they choose to upload and publish on Moverscorp.com. The content published on Moverscorp.com by its Users is strictly the responsibility of its publishing User.
Moverscorp.com does not guarantee any credentials, representations
of any of its Users. Moverscorp.com does not verify, credit check, or
hold its Users 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.
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 Users, but also any
further content /communication created between You and a registered Customer.
By agreeing to these terms, You are also granting Moverscorp.com permission
to publish Your information in order to properly advertise Your Services
among Your community and the communities You will be servicing. The publication
of Your information will not be solicited to anyone other than potential
Customers, and used strictly for the purpose of attracting more Customers
in Your local area.
5. Online Venue
Moverscorp.com functions solely as an online venue to connect You and Customer. Moverscorp.com acts solely as a neutral venue to accommodate Customer(s) with You. You do not work for or represent Moverscorp.com. We do not provide any endorsement for You or Your 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 Customer to complete payment for any of the provided Services. 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 Customer.
6. Services Offered: Moving Services Only
You agree that Moverscorp.com is a place where You offer moving Services only. You agree that You will not use Your participation in the Moverscorp.com as a means to sell 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.
You will fully disclose to every Customer all of Your rates, Services offered, license, liability and insurance information(if applicable), policies and procedures, and any fees that You will charge, including, but not limited to, taxes and/or other miscellaneous charges. You acknowledge that this information will be explicitly provided on Your profile page for Customer to make a fully informed decision. Meanwhile, You hereby acknowledge and agree that We are not obligated to allow You to post any information in Your profile that We reasonably believe may be used to circumvent the Moverscorp.com’s Fee or as may otherwise violate this Agreement.
8. Right to Reject Mover Profile
Moverscorp.com reserves a right and You expressly acknowledge that right to reject, limit and/suspend Your profile listing and Your participation on Moverscorp.com and hence You will not be able to offer Your moving Services. We have a right to reject, limit and/or suspend Your profile listing and participation for any reason or no reason at any time with or without prior notice to You. The rejection and/or suspension causes may include but are not limited to any breach of this Agreement or other terms/rules of Moverscorp.com, any failures to verify Your identification information, any attempt by You or persons related to You to improperly influence Customer’s review of Your feedback, consistent failure to provide the offered Services, any other actions deemed inappropriate and requiring further action by Moverscorp.com.
Moverscorp.com is not responsible for investigating and/or resolving any disputes or complaints between You and the Customer. All such disputes must be handled directly between You and the Customer or by any other means agreed both by You and Customer. Furthermore, You expressly authorize Moverscorp.com to release Your contact information to the Customer who claims to have a dispute with You regarding the Services requested through Moverscorp.com. In addition, You expressly agree to release Moverscorp.com from any and all liability associated therewith.
10. Valid Contract
You agree and acknowledge that You enter into a valid enforceable contract upon Your acceptance of the Customer’s offer for Services. You represent and warrant that You shall satisfy and perform the Services according to all agreed upon terms and conditions.
11. Moverscorp.com’s Fee
As an online venue accommodating moving Services
between You and the Customer, Moverscorp.com is entitled to a fee upon You entering
into a contract with the Customer and receiving a payment from Customer.
You agree and acknowledge that Moverscorp.com is entitled and will receive
the mentioned fee deductible from the total contracted amount. Please
note that this is not an additional fee payable by the Customer but rather
a fixed fee and/or percentage fee payable out of the total contracted
amount. The Moverscorp.com's fee will be automatically deducted from a credit/debit card in a Mover’s profile when customer completes the order. If your bank declines the transaction (Moverscorp.com’s fee) for any reason, the customer will still be able to make a reservation. However, the Mover account will be deactivated until MoversCorp.com’s fee is paid. Moverscorp.com
12. Payment for Services
You agree and acknowledge that it is Your responsibility to collect the payment for a service from a customer upon completion of the move. MoversCorp.com will not be processing or collecting payments for Movers.
13. Additional Services
If at any time, and for any reason, the scope of the contracted Services has changed in such a manner that in addition to the agreed upon Services, You provide additional Services, it is Your responsibility to collect or make arrangements for payment. We cannot and will not guarantee the ability of Customers to complete payment for any of the provided additional Services.
14. Mover’s Obligation
By entering the Service contract, You are responsible to complete the contracted Services to the best of Your abilities, with professionalism and dedication to Your Customer. You will perform the contracted Services at the date and time that Customer advised You prior to the date of the move. If not able to provide the contracted Services after accepting the request, You are obligated to report to the Customer and submit a rejection on Moverscorp.com.
You are responsible for collecting and remitting any and all taxes associated with the transaction for Services.
16. Prohibited actions regarding Moverscorp.com
You shall Not:
Charge the Customer any additional fees or charges not included in the service contract.
Charge to, or in any way attempt to collect Moverscorp.com Fee.
Copy/cut and paste the content of a Customer review from the Moverscorp.com to Your personal or business website, to any other third party web site.
Improperly influence in any manner, or cause another to, improperly influence in any manner the review of the Customer.
Post or attempt to post, in any manner or by any means, a review on Your own Moverscorp.com account or the account of any other Mover.
Infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights.
Contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography or any other inappropriate material.
Communicate or correspond, whether by written, verbal, or electronic means, with Customer, for the purpose of entering into an Agreement or transaction that circumvents or avoids Our right to a Moverscorp.com Fee.
17. Changes & Cancellations:
You acknowledge and agree that Customer has the right to make changes to, and cancellations of the Services. If as a result of such change(s) by Customer, You are unable to perform the Services, You agree to use all reasonable efforts to timely inform Customer and cancel the Service from Your Movers profile. You agree to holdUs harmless from any loss or harm of any nature due to Customer changes or cancellations.
During the term of this Agreement, You shall not solicit to hire nor hire Our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of Our other business relationships including those with Customers and other Mover(s).
19. Customer Feedback and Reviews
For each Moverscorp.com transaction, Customer is 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.
Cancellations by Mover deemed by Customer to be "at fault" will result in a penalty applied to the Mover's feedback score.
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. You may respond to any review within 2 weeks of receiving it. Your response will be shown directly below the Customer review.
20. Unsolicited Idea Submission
We always want to receive messages and feedback from Our Users and welcome any comments regarding the Moverscorp.com. However, MoversCorp.com policy does not allow us to accept or consider ideas, suggestions, or proposals other than those We specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Moverscorp.com might be similar or even identical to Your idea.
21. No Felony Convictions
You represent and warrant that You, and any individuals associated with You who will perform the Services, have not been convicted of a felony. Furthermore, You represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against You that will prevent You from performing the Services.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to You or You may otherwise learn of or discover, Our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Our business ("Our Information"). You hereby agree and acknowledge that any and all of Our information is confidential and shall be Our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, Youacknowledge that Our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by Your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.
Moverscorp.com uses industry standard practices to safeguard Your personal and business information. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of Our system. We also do not guarantee uninterrupted or secure access to Our system, as the operation of Our website can be interrupted by numerous factors outside of Our control.
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.
25. Record Keeping/Audit
We reserve the right to keep all records of any and all transactions and communications between You and the Customer for Our administration purposes or for other legal purposes.
26. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of Our service and Your listing, moving, transporting, and solicitation of offers to move and transport items.
You must legally be able to provide the Services You accept. You agree that it is Your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe Your offer and all terms of Your Services on our site. You acknowledge that the Moverscorp.com exists for members to make a fully informed decision about Your Services offering, policies and procedures.
27. Prohibited and Restricted Items
You acknowledge and accept not to transport prohibited and restricted items. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be transported through the mail or commercial carrier are not allowed on Moverscorp.com. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52.
28. Petition for Reinstatement
Upon Your removal or suspension from the Moverscorp.com, You may petition for reinstatement. Your petition for reinstatement must include the following: a) a written statement as to why You should be reinstated; b) Your contact information; and c) any other information We may deem necessary. Your petition will be reviewed at Our discretion and any determination as to Your reinstatement will be based on Our sole judgment. Your submission of a petition does not, in any manner, guarantee, that You will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact You as to Our decision to reinstate You. We are not obligated to give You any reason or basis as to Our decision.
29. 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.
30. Trademark and Domain Name Protection
Moverscorp.com contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by Us. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, Our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
31. No Third Party Beneficiaries
No person other than the parties hereto, shall have any rights or claims under this Agreement.
32. 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.
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.
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 or performance under this Agreement shall not constitute a waiver of the whole.
Any legal claim arising out of or relating to this Agreement or Our services, excluding legal action taken by Moverscopr.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.
36. 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.
37. LIMITATIONS OF LIABILITY
(A) THE USE OF OR THE INABILITY TO USE THE SERVICES;
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.
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.
39. Direct Deposit Authorization
I hereby authorize Local Movers Corp, hereinafter called Company, to initiate credit entries to my bank account. I acknowledge that the origination of ACH credit transactions to my account must comply with the provisions of U.S. law. I hereby agree to hold COMPANY harmless from any claims incident to the operation of the Electronic Fund Transfer, including without limitation any claim based upon alleged loss as a result of non-credit of any deposit.
This authorization is to remain in full force and effect until Company has received written notification from me of its termination in such time and in such manner as to afford Company a reasonable opportunity to act on it.
I understand that a credit entry to my account made in error must be refunded by check, payable to Local Movers Corp, upon request of Company.
Note: We cannot transfer to credit card account and create debit entries to your bank account.
40. Governing Law