Revised October 03, 2016
Welcome to www.800moving.com (“Company” "we," "us," or "our"). These Terms of Use describes the terms and conditions which govern your use of our www.800moving.com (“Website”) and the referral services provided through or in connection with our Website (collectively, "Service"), which may be updated by us from time to time. Any changes in these Terms of Use will be enforced from the date of the revision or change forward without further notice to you. You must read and agree with all of the terms and conditions contained in these Terms of Use and our Privacy Policy , which is incorporated by reference, before you use the Services. If you do not agree to be bound by the terms and conditions of these Terms of Use, you may not use or access the Service. Our Service is controlled and offered by us from our facility in the United States of America. We make no representations that our Service is appropriate or available for use in other jurisdictions. If you access or use our Service from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
These Terms of Use contain an agreement to arbitrate all claims, restrict class action participation and disclaimers of warranties and liability
1. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES ON OUR WEBSITE OR PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION INCLUDING, WITHOUT LIMITATION, YOUR ABILITY TO VISIT, USE OR SUBMIT INFORMATION TO ACQUIRE OUR SERVICES AND THOSE OF OUR PROSPECTIVE PROVIDERS AND NETWORKS.
2. SERVICES.
We are a referral service; we introduce consumers with prospective providers of the services you have requested. (collectively, "Prospective Providers"). To use our service, you must complete the registration pages accurately and completely. This may include your name, address, telephone number, email address, and information specific to the service you are seeking. Please note that you must be 18 years of age to use our services.
Once you submit the registration information, we share that form with Prospective Providers and notify them of the type of service you are seeking. By submitting your registration, you agree that you are requesting a referral for the service from each of the Prospective Providers with whom we share your registration. As such, you are expressly requesting the Prospective Providers with whom your registration is provided to contact you by email, telephone and direct mail so that they may assist you in obtaining the service requested. They may also provide information to you about additional services and products.
If a Prospective Provider accepts you as a referral, you may be redirected to the Prospective Provider's website. You understand and agree that, once you have been redirected to the Prospective Provider's website, we have no involvement in your relationship or agreement with the Prospective Provider. Any further interactions or communications with the Provider are subject to such Provider’s Privacy Policy, terms of use, and other policies and/or terms and conditions of the Provider.
We do not expressly or impliedly endorse or recommend any of the Prospective Providers. We are not a broker or an agent of you or any Prospective Provider. The Provider is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with the service provider by the Provider or your use of our Services for the introduction. You agree that Prospective Providers may keep your registration and the information therein irrespective of whether you enter into a contract with such Prospective Provider. We make no guarantee that you will be introduced to Prospective Providers if you submit a request or registration form or that the Prospective Providers will be able to provide you with the services you request.
Our Website is an online network marketplace and our service is free to you. Any compensation we may receive is paid by a Prospective Provider for advertising services we provide to them. We reserve the right to change any feature or functions of our Services and Website without prior notice.
3. USER AGREEMENT TO BE CONTACTED.
IF YOU SUBMIT A REGISTRATION REQUESTING OUR SERVICES, YOU AGREE THAT PROSPECTIVE PROVIDERS MAY CONTACT YOU DIRECTLY BY TELEPHONE OR TEXT ON THE PHONE NUMBER YOU PROVIDED USING DIRECT CALLING, AUTODIALED AND PRERECORDED CALLS OR MESSAGES EVEN IF YOU ARE ON A NATIONAL OR STATE “DO NOT CALL” LIST. MESSAGE AND DATA RATES MAY APPLY. PROSPECTIVE PROVIDERS MAY ALSO CONTACT YOU BY FAX, DIRECT MAIL, EMAIL AND OTHER MEANS OF COMMUNICATION. YOUR CONSENT HERE IS NOT REQUIRED TO PURCHASE PRODUCTS OR SERVICES.
4. CHANGES TO WEBSITE, TERMS AND POLICIES.
We reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system.
We reserve the right to make changes to these Terms of Use and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Use posted at the time you register on our Website will govern our relationship for that registration and referral request.
5. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website, any linked website, our Services or services from our Prospective Providers. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from providing false or inaccurate information to us either during the registration process or customer service inquiries.
You are prohibited from using any data, content, and any information provided or used on our Website, as well as your use of our website, Service which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate our website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on our website, use any information you may obtain from our website including without limitation, user information to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
6. MARKETING MATERIALS.
By Registering on our Website, you are giving your consent to receive promotions or newsletters from us. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us you may also email us at admin@800moving.com.
7. LINKED WEBSITES.
If you complete a registration, you agree that the information contained on the registration may be sent, used and disclosed as set forth in the posted Privacy Policy . At the time of the referral, you may be linked to a Prospective Provider’s website. These websites are not reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such websites, or any additional links contained on these websites. By linking you to these websites we do not expressly or impliedly endorse the website or Perspective Provider. In no event shall we be liable, directly or indirectly, to you for any loss or damage arising from or occasioned by the creation or use of links to these websites. Your participation in activities and services on such websites, or the information, material, products or services accessed through these websites are at your sole risk.
8. INTELLECTUAL PROPERTY RIGHTS.
Our Website contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in these Terms of Use, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our Website for other than its intended purposes is strictly prohibited.
9. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or the products or services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or Website Content.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "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 IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. INDEMNITY.
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use our Website and or Website Content, any information provided to you by our Website, or any violation of these Terms of Use by you.
13. DEALINGS WITH PROSPECTIVE PROVIDERS OR OTHER THIRD PARTIES.
Your correspondence or business dealings with any Prospective Provider or other third parties as a result of your use of our Website or participation in our Service, including, but not limited to, business dealings with Providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on our Website.
14. DISPUTE RESOLUTION – BINDING ARBITRATION.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms of Use, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use to Arbitrate section (this "Agreement to Arbitrate").
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Use as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use to Arbitrate, any part of it, or of these Terms of Use including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or these Terms of Use is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by these Terms of Use to Arbitrate. The arbitration shall be held in the county in which you reside or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of these Terms of Use to Arbitrate is invalid or unenforceable, the other parts of these Terms of Use to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 13 of these Terms of Use is invalid or unenforceable, then the entirety of these Terms of Use to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in California.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to these Terms of Use to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by these Terms of Use to arbitrate that have arisen or may arise between you and us. We will notify you of changes to these Terms of use and agreement to arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
STATUTE OF LIMITATIONS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15. WAIVER AND SEVERABILITY OF TERMS.
Failure by us to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any provision of these Terms of Use found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
16. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your use of the Website and Service, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
17. ELECTRONIC COMMUNICATIONS.
When you visit our Website, use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
800moving.com
700 N. Valley Street, Suite B
Anaheim, CA 92801
admin@800moving.com
877-977-8235