TERMS OF SERVICE
Welcome to Moving Made Smart. Thanks for using our website and Services. This website and Services are provided by owner of www.movingmadesmart.com, located at 14515 Briar Forest Dr, Houston, Texas, USA - 77077. www.movingmadesmart.com provides a venue to people to save money and contribute toward green environment in various ways, including, but not limited to, by combining inventory and moving together, sharing rental truck space, sharing rental truck time. www.movingmadesmart.com services are provided through its website, programs, mobile apps, computer servers in multiple ways, including, but not limited to, advertising, forums, blogs, emails, postal letters and phone calls. www.movingmadesmart.com is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized. These Terms and Conditions set forth the legally binding terms and conditions for your use of the site, all its content and any service provided by Us. By accessing or using the website in any manner, including, but not limited to, visiting or browsing the website, searching for matching moves, posting a move, registering, contributing content or other materials to the website, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
1. User submitted Content
With respect to Your participation on the Site or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Site and Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or (l) use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of www.movingmadesmart.com (ii.) You further agree that Your Information and Your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your www.movingmadesmart.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
2. Email Disclaimer
E-mail communications sent from Us or through Us is preferred way of communication of www.movingmadesmart.com. By using this website or our service, You agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing You about potential available people wanting to combine move and\or share rental truck and e-mails informing You of promotions We run and emails informing You of new and existing features We provide and email from service providers like mover and packer if you choose so when You post your move. If You do not wish to receive any of our e-mail communications please do not use the Site or Service.
4. Proprietary Rights
All materials contained in this Website are protected by copyright laws and are owned by www.movingmadesmart.com absolutely and in their entirety, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of www.movingmadesmart.com. These rights include but are not limited to business model, site layout, logo, source code, page style, videos, graphics, images, logos, software, database, mobile apps, APIs, widgets and text. You acknowledge and agree that all Submissions, including but not limited to questions, comments, suggestions, ideas or feedback about the Site or the Service, provided by You to www.movingmadesmart.com or www.movingmadesmart.com representative are non-confidential and shall become the sole property of www.movingmadesmart.com. www.movingmadesmart.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Copyright and Trademark Policy
User of this website is independent persons or entities that are not controlled by us. We do not normally monitor or police their actions. While we encourage users of this Website to act responsibly, it is possible that some users will take actions or engage in activities that infringe or are alleged to infringe the intellectual property rights of others. If you believe, in good faith, that any materials on this website infringe upon your copyrights, the notification of claimed infringement must be sent to 14515 Briar Forest Dr, Houston, Texas, USA - 77077, the notification of claimed infringement must include substantially the following: • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and identification of such owner; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the usage or material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate or view the usage or material and to identify the person that is responsible for the claimed infringement. If, however, the claim is that www.movingmadesmart.com is referring or linking users of this Website or the Service to an online location containing infringing material or infringing activity by using location tools, then the identification must be of the reference or link to material or activity claimed to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link; • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; • A representation and warranty that the complaining party has a good faith belief that the usage or material in the manner complained of is not authorized by the owner of the mark or other intellectual property identified its agent, or the law; • A representation and warranty that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. External Content
7. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVING MADE SMART, ITS OWNER, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MOVING MADE SMART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MOVING MADE SMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOVING MADE SMART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL www.movingmadesmart.com , ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR PARTNERING ORGANIZATIONS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN THE PARTICIPANTS USING THE SERVICE IN ANY WAY. AS A RESULT, NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, PROPERTY DAMAGE, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERING ORGANIZATIONS, OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE USE OF SITE OR SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless www.movingmadesmart.com , its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or Service; (ii) your violation of any term of these Terms and Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site, with or without notification sent to you. Your continued use of the Site and Service after any such changes constitutes your acceptance of the new Terms and Conditions. Please review these Terms and Conditions every time before use our site and service for changes. If you do not agree to any of this Terms and Conditions or any changes to this Terms and Conditions, do not use, access or continue to access the Site or Service.
11. Jurisdiction or Governing Law
In the event that there is any dispute between you and us, you agree to resolve it exclusively in a state or federal court located in Harris County, Texas. You also agree that the laws of the State of Texas and, to the extent applicable, the laws of the United States of America will govern this Agreement, as well as any claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Harris County, Texas, in any legal action or proceeding relating to us or this Agreement. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or the Agreement must be filed within the applicable statute of limitations or, if earlier, one (1) year after discovery of the pertinent facts underlying such claim or cause of action or be forever barred.
12. Termination and Term of Agreement
We may terminate your access to our Site or Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We maintain sole discretion to bar Your use of the Site and Service in the future, for any or no reason.
14. Entire Agreement
You agree that: (i) the Site and Service provided by www.movingmadesmart.com shall be deemed solely based in Texas; and (ii) the Site and Service shall be deemed a passive website that does not give rise to personal jurisdiction over www.movingmadesmart.com, either specific or general, in jurisdictions other than Texas. These Terms and Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and www.movingmadesmart.com that arises in whole or in part from the Site and Service shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas. These Terms and Conditions, together with the Privacy Notice at http://www.movingmadesmart.com/privacy/ and any other legal notices published by www.movingmadesmart.com on the Site and Service, shall constitute the entire agreement between you and www.movingmadesmart.com concerning the Site and Service. If any provision of these Terms and Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Agreement, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and www.movingmadesmart.com failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND www.movingmadesmart.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.