Terms
and Conditions
This page sets forth the "Terms and Conditions"
under which you may use Movinginfo.com.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. Moving Info
LLC. (the "Company") may revise these
Terms and Conditions at any time by revising this
page. You are responsible for regularly reviewing
these Terms and Conditions. If you use the Web
Site after any revision Company makes to these
Terms and Conditions, you agree to be bound by
the Terms and Conditions as so revised.
USES OF THE WEB SITE GENERALLY. The Web Site
may be used only for lawful and proper purposes.
Provided that you otherwise fully comply with
the provisions of these Terms and Conditions,
the Company authorizes you to view, download and
print out a single copy of any material on the
Web Site, solely for your personal, noncommercial
use.
The content of the Web Site, including but not
limited to text, graphics, images, sounds, music,
logos, button icons, software, individual screen
displays, operational characteristics and functionalities,
machine-readable code (Object Code), human-readable
code (Source Code), and HTML code (collectively,
the "Materials"), are protected under
United States and international copyright, trademark
and other laws. All Materials are the property
of the Company or its content suppliers or clients.
The compilation (meaning the collection, arrangement
and assembly) of all content on the Web Site is
the exclusive property of the Company and protected
under United States and international copyright
laws.
Unauthorized use of the Web Site and/or the Materials
may violate copyright, trademark, and other laws,
and is a breach of these Terms and Conditions.
You may not remove or obscure any copyright, trademark,
service-mark or other proprietary notice contained
in any Materials on any copy you make of such
Materials. Unless otherwise specified herein,
you may not modify, print out, distribute, transmit,
publicly display, publicly perform, communicate
to the public, reproduce, publish, license, create
derivative works from, transfer or sell any of
the Materials. The use of any of the Materials
on any other web site or in a networked computer
environment for any purpose is prohibited.
PROHIBITED USES OF THE WEB SITE. You agree to
use the Web Site only to upload, post, send and
receive content that is legal and proper and related
to the purpose of the Web Site. By way of example,
and not as a limitation, you agree that when using
the Web Site, you will not:
Upload, post, send or receive any content, or
otherwise use the Website, in violation of any
applicable law or regulation.
Upload, post, send or receive any content, or
otherwise use the Website in a manner that will
infringe the copyright, trademark, trade secret
or other intellectual property rights of others,
or violate the privacy, publicity or other personal
rights of others.
Upload, post, send, or receive any content or
information that is defamatory, obscene, indecent,
sexually explicit, threatening, abusive, hateful,
harassing or embarrassing to another user or to
any other person or entity.
Upload, post or send any incomplete, false, inaccurate
or misleading information.
Impersonate another person, firm or corporation.
Upload, post or send any franchise, pyramid scheme,
"club membership," distributorship or
sales representative agency arrangement or other
business opportunity that requires an up-front
or periodic payment, pays commissions only (no
significant salary), requires recruitment of other
members, sub-distributors or sub-agents.
Send unsolicited e-mail, including promotions
and/or advertising of products or services.
Delete or revise any material uploaded or posted
by any other person or entity.
Attempt to interfere with service to any user,
host or network, including, without limitation,
by means of uploading, posting or sending any
viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines
that are intended to damage, interfere with, surreptitiously
intercept or expropriate any system, data or information,
including by overloading, "flooding,"
"spamming," "mailbombing"
or "crashing” it.
Use any device, software or routine to interfere
or attempt to interfere with the proper working
of the Web Site or any activity being conducted
on the Web Site.
Take any action that imposes an unreasonable or
disproportionately large load on the Web Site's
infrastructure.
If you have a password that allows access to any
non-public area of the Web Site, disclose to or
share your password with any third party or use
your password for any unauthorized purpose.
Use or attempt to use any engine, software, tool,
agent or other device or mechanism (including
without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or
search the Web Site other than the search engine
and search agents available from the Company on
the Web Site and other than generally available
third-party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
“Data mine.”
Attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising,
or in any way making up, any part of the Web Site.
Access any content not intended for your use or
log into a server or account that you are not
authorized to access.
Attempt to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization.
Forge any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup
posting.
Actions that contravene these prohibitions or
that otherwise compromise the security of the
Web Site or the Company’s system or network
may result in civil or criminal liability. The
Company will investigate suspected compromises
of its security, may take any action it deems
necessary or appropriate in response to any contravention
of these prohibitions or in response to security
compromises, and may cooperate with law enforcement
authorities in prosecuting users who are involved
in such compromises and/or violations.
LINKS TO OTHER SITES. The Web Site contains links
to third-party web sites. These links are provided
as a convenience to you. The Company does not
control and is not responsible for the content
of third-party web sites to which the Web Site
may be linked, and does not make any representations
regarding the accuracy, copyright compliance,
legality or decency of any of the content or other
materials on such third-party web sites. The Company
encourages you to exercise discretion while browsing
the Internet and the Web Site. If you decide to
access linked third-party web sites, you do so
at your own risk.
USER REGISTRATION AND PASSWORD. You are responsible
for maintaining the confidentiality of any password
you may receive. You are responsible for all uses
of your password, whether or not authorized by
you. You agree to notify the Company immediately
of any unauthorized use of your password.
USER INFORMATION. The terms and conditions applicable
to any information you provide to the Company
or that the Company collects about your use of
the Web Site are set forth in the Company’s
Privacy Policy, which is incorporated herein by
reference.
USER SUBMISSIONS. You are solely responsible
for the form and accuracy of any content or other
communications you upload, post or send to or
through the Web Site. The Company is under no
obligation to upload, post or send any material
you submit for such purpose or any purpose, and
may remove any such material at any time in the
Company’s sole discretion. No compensation
will be paid to you with respect to any content
or communication that you submit to the Web Site.
The Company does not vouch for or guarantee the
truthfulness, accuracy, or reliability of any
user-submitted content or communications. You
acknowledge that any reliance you place on such
material will be at your own risk.
The Company acts as a passive conduit for the
online display, transmission and distribution
of user-submitted content and communications and
has no obligation to and takes no responsibility
for screening, monitoring or reviewing any such
materials.
The Company reserves the right to review and
remove, or take any other action with respect
to user-submitted content and communications that
it deems necessary or appropriate in its sole
discretion. The Company has no liability or responsibility
to users for performance or nonperformance of
any such actions. The Company also reserves the
right to expel users and prevent their further
access to the Web Site for violating either the
letter or the spirit of these Terms and Conditions
or violating any applicable law or regulation.
By submitting content to any public or non-public
area of the Web Site, including, but not limited
to message boards, forums, contests and chat rooms,
you grant the Company and its affiliates the royalty-free,
perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive, worldwide right
(including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate
to the public, publicly perform and publicly display
(in whole or in part), and/or to incorporate such
content in other works in any form, media, or
technology now known or later developed, for the
full term of any rights that may now or ever exist
in such content. You also warrant that the holder
of any rights, including moral rights in such
content, has completely and effectively waived
all such rights and validly and irrevocably granted
to you the right to grant the license referred
to above. You also hereby grant to any user of
the Web Site the right and authority to access,
display, view, store and reproduce such content
for personal, noncommercial use. Subject to the
foregoing, the owner of such content placed on
the Web Site retains any and all rights that may
exist in such content.
THE COMPANY'S LIABILITY. Because user authentication
on the Internet is difficult, the Company cannot
and does not confirm that each user is who they
claim to be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior
of participants on the Web Site, in the event
that you have a dispute with one or more users,
you release the Company (and our agents and employees)
from any and all claims, demands and damages (actual
and consequential, direct and indirect) of every
kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
We are under no legal obligation to, and generally
do not, control the content or communications
provided by other users, which is made available
through the Web Site. By its very nature, other
user's content and communications may be offensive,
harmful or inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect
that you will use caution and common sense when
using the Web Site.
The Materials may contain inaccuracies or typographical
errors. The Company makes no representations about
the accuracy, reliability, completeness, or timeliness
of the Web Site or the Materials. Your use of
the Web Site and the Materials is at your own
risk.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE
WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE
OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS.
The Company does not represent or endorse the
accuracy or reliability of any of the materials
contained on, distributed through, or linked,
downloaded or accessed from any of the services
contained on the Web Site, nor the quality of
any products, information or other materials displayed
purchased, or obtained by you as a result of any
advertisement or other information or offer on
or in connection with the Web Site (the “Products”).
You hereby acknowledge that any reliance you place
upon any Products shall be at your sole risk.
The Company reserves the right, in its sole discretion
and without any obligation, to make changes to,
or correct any error or omissions in any portion
of the Web Site, the Materials and/or the Products.
THE WEB SITE, THE MATERIALS AND THE PRODUCTS
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE
MATERIALS, THE PRODUCTS AND/OR ANY LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION ANY DAMAGES RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM
OR RELATING TO THE USE OR INABILITY TO USE THE
WEB SITE AND THE MATERIAL, 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.
LIMITATION OF COMPANY’S LIABILITY. The
aggregate liability of the Company to you for
all claims arising from the Web Site and/or the
use of the Materials or Products is limited to
$100.
TERMINATION. The Company reserves the right,
at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion
of your postings from this Web Site and immediate
termination of your registration with or ability
to access the Web Site and/or any other service
provided to you by the Company, upon any breach
by you of these Terms and Conditions or if the
Company is unable to verify or authenticate any
information you submit to the Web Site.
YOUR INDEMNITY. You agree to defend, indemnify,
and hold harmless the Company, its officers, directors,
employees, agents, customers and clients from
and against any claims, actions or demands, including
without limitation reasonable attorney and accounting
fees, resulting from or arising out of any content
or communications you post or transmit through
the Web Site, your use of the Web Site, the Materials
or the Products, or your violation of the terms
of these Terms and Conditions. The Company shall
provide notice to you promptly of any such claim,
action or demand and may, in Company’s sole
discretion, assist you, at your expense, in its
defense or settlement.
GENERAL. The Company makes no claims that the
Web Site, the Materials and/or the Products may
be lawfully accessed, viewed or downloaded outside
of the United States. Any such use of the Web
Site, the Materials and/or the Products may not
be lawful by certain persons or in certain territories.
If you access any of these from outside of the
United States, you do so at your own risk and
are responsible for compliance with the laws of
whatever jurisdiction you are in at the time.
These Terms and Conditions are governed by laws
of the Commonwealth of Texas, without regard to
its conflict of laws principles. You hereby consent
to the exclusive jurisdiction and venue of the
state and federal courts within Addison, Texas,
for any claims arising out of or relating to your
use of the Web Site, the Materials, the Products,
and/or these Terms and Conditions. If any provision
of these Terms and Conditions is found to be invalid
or unenforceable by any court having competent
jurisdiction, then the invalid or unenforceable
provision will be deemed superseded by a valid
and enforceable provision that most closely matches
the intent of the original, and the remainder
of the agreement 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. Except
as expressly provided in additional terms of use
for areas of the Web Site, a particular "Legal
Notice," or Software License, these Terms
and Conditions constitute the entire agreement
between you and the Company with respect to your
use of the Web Site, the Materials and/or the
Products. No changes to these Terms and Conditions
shall be made except by a revised posting on this
page.
ADDITIONAL TERMS OF USE. Certain areas of this
Web Site may be subject to additional terms of
use. By using such areas, or any part thereof,
you agree to be bound by the additional terms
of use applicable to such areas. In the event
that any of the additional terms of use governing
such areas conflict with the Terms and Conditions
contained herein, these Terms and Conditions shall
control.
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