Dear Visitor,
We are pleased you have decided to take advantage of all the services offered
on our website. Please take a moment to read the following important
information and indicate whether or not you agree to be bound by these Terms of
Service (the "Terms"). It is important that you read this information to ensure
that you understand and are willing to abide by the terms and conditions of our
relationship.
We reserve the right to modify, update, or change these “Terms” at any time and
for any reason, and such revisions are effective immediately. ForMove will
notify you by the email address you have provided to us about any revisions to
our “Terms”. By continuing to use this website after such revisions, you agree
to be bound by any such revision and should therefore periodically visit this
page of the website and print the latest version of the Terms for your records.
If any of these terms are unacceptable to you, please stop using the ForMove
website.
By accessing the ForMove website, or using any of its services, you have read
and agreed to the terms of our Privacy Policy.
The information you provide to ForMove will assist you in choosing a moving
company or other moving services for your individual relocation needs and we
are committed to safeguarding your personally identifiable information
according to the terms of our Privacy Policy. Our Privacy Policy is an element
of these Terms, and by agreeing to these Terms you are also agreeing that you
have read and accepted the terms of the Privacy Policy. If you have not read
our Privacy Policy, please do so.
Document Content
1. User, Service Provider, and ForMove
2. Legal Notices
3. Intellectual Property
4. General Legal Provisions
1. User, Service Provider and ForMove
Any reference in these Terms of Service to:
- "User," "you", or "your" means any person or entity visiting, and/or
subscribing to the services offered on the ForMove website, located at
http://www.formove.com/ other than Service Providers who have agreed to
participate in one of the ForMove Affiliate Programs.
- "Service Provider" means any moving, mortgage, storage, or packing
supplies provider participating in the ForMove website.
- "ForMove" includes the ForMove.com website and the corporate entity
ForMove, Inc.
2. Legal Notices
Service Requests:
ForMove is not a Moving, Mortgage, Storage, or a Packing Supplies service
provider. ForMove does not provide any relocation services, nor endorse or
recommend the services and/or products of any service provider participating in
the ForMove website. ForMove is not an agent of the User, nor of any
participating service providers or retailers on the ForMove website, and will
not be liable to you for any actions or omissions of any participating service
provider or retailer. No third party beneficiary relationship is intended to be
conferred by making the services of ForMove's website available to Users or
Service Providers. ForMove's services are free to the User and of an
administrative nature only; ForMove is not involved in any actual transactions
between Users and Service Providers. ForMove acts only as a passive conduit to
facilitate contacts between Users and Service Providers, and you, the User,
hereby grant ForMove permission to disclose any and all information you provide
to ForMove to any or all of the participating Service Providers in accordance
with our Privacy Policy and as ForMove, in its sole discretion, deems
appropriate to match both the User's moving and relocation needs and the
Service Provider's service capabilities. Any information provided by you to
ForMove must be accurate, complete, and true, and you must not misrepresent
your identity. You specifically agree not to submit any quote requests unless
you intend, in good faith, to hire a Service Provider within the next 180 days
following the date of said quote request ("good faith quote request"). You
warrant and represent to ForMove that you are not an individual or company
involved in the moving business seeking to obtain participating Service
Providers' quotes for any purpose other than to submit a good faith quote
request yourself. ForMove neither represents nor guarantees that a User will
find a Service Provider or a quote satisfactory to the User. The Service
Provider selected by the User is solely responsible and liable for providing
the contemplated moving, storage, packing supplies, or other relocation
services, and you agree, in conformance with the Disclaimers and Limitations of
Liability below, that ForMove shall not be liable for any damages, costs, or
injury whatsoever resulting from, or alleged to result from, any activity
related to your use of ForMove's website or your dealings with any Service
Provider. Further, you agree that ForMove has the right to follow up with you
after completion of the moving, storage or packing supplies transaction and
request the name of the retained Service Provider.
Retailers, Content or Service Providers Connected to ForMove's website:
For your convenience, ForMove provides on its website the services, products,
and content of other retailers and content and service providers relevant to
the moving and mortgage industries. Such products, content, and services are
beyond the control of ForMove and ForMove assumes no responsibility or
liability for such products, contents, or services, including, without
limitation, the quality or look thereof, or any hyper links to or from such
products, contents, or services. You hereby expressly agree to release ForMove
from any and all claims arising out of your dealings or disputes with any
retailers or other content or service providers now, in the future, or formerly
connected to the ForMove website, in conformance with the Disclaimers and
Limitations of Liability.
Disclaimers and Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMOVE DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES RELATING TO THIS WEBSITE, ITS USE AND SERVICES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, CONTINUOUS, UNINTERRUPTED
AND/OR ERROR-FREE SERVICE, FREEDOM FROM COMPUTER VIRUS STRAINS, THE QUALITY,
IDENTITY, OR RELIABILITY OF ANY SERVICE PROVIDER, OR THIRD PARTY WHO
PARTICIPATES ON THE WEBSITE, AND THE ACCURACY OF POSTINGS MADE ON THE WEBSITE
BY US, OR BY OR ON BEHALF OF USERS, SERVICE PROVIDERS, OR THIRD PARTIES WHO
PARTICIPATE ON THE WEBSITE, OR ANY IMPLIED WARRANTIES ARISING OUT OF, OR
ALLEGED TO ARISE OUT OF, THE COURSE OF PERFORMANCE, DEALINGS, OR TRADE USAGE.
YOU EXPRESSLY AGREE THAT USE OF FORMOVE AND ITS SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL FORMOVE, NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGE OR INJURY OF ANY KIND, RESULTING FROM, ALLEGED TO RESULT FROM, OR
CONNECTED TO THE USE, THE DELAY IN USING, OR INABILITY TO USE THIS WEBSITE, OR
FOR ANY MATERIAL CONTAINED IN, OR PRODUCTS PURCHASED ON, OR SERVICES OBTAINED
THROUGH, THIS WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF FORMOVE HAS BEEN ADVISED OF THE LIKELIHOOD
OR POSSIBILITY OF ANY DAMAGES OR INJURY. IN NO EVENT SHALL FORMOVE BE LIABLE
FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
IN PARTICULAR, YOU AGREE THAT FORMOVE SHALL IN NO EVENT BE LIABLE OR
RESPONSIBLE, IN WHOLE OR IN PART, FOR ANY OUTSTANDING DEBTS, FEES, COSTS, OR
EXPENSES INCURRED BY A SERVICE PROVIDER OR A USER AS A RESULT OF A TRANSACTION
BETWEEN A SERVICE PROVIDER AND A USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES: "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 IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
FORMOVE DOES NOT REPRESENT OR WARRANT THAT INFORMATION, MATERIAL, SERVICES,
ADVICE, OR PRODUCTS ON THIS WEBSITE, WHETHER PROVIDED BY FORMOVE, AFFILIATES,
OR THIRD PARTIES, ARE APPROPRIATE, ACCURATE, CORRECT, COMPLETE, CURRENT,
RELIABLE, OR TIMELY.
ALL INFORMATION, PRODUCTS, MATERIALS, ADVICE, PERSONALIZATION, AND
CUSTOMIZATION ON, AND ALL OTHER SERVICES CONTAINED ON, PROVIDED BY, OR RELATED
TO, OUR WEBSITE OR PARTICIPATING RETAILERS OR SERVICE PROVIDERS, ARE PROVIDED
ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED.
ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE MUST BE BROUGHT
WITHIN ONE (1) YEAR OF THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO THE
CLAIM.
ForMove uses Secure Sockets Layer (SSL) technology to protect your personally
identifiable information and transmissions between you and ForMove. Although
ForMove has taken all appropriate and reasonable steps to ensure delivery and
disclosure of your information only to participating Service Providers,
information will be transmitted over a medium, which is beyond the control and
jurisdiction of ForMove.
FORMOVE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE,
INTERRUPTION, CORRUPTION, INTERCEPTION, OR DECRYPTION OF ANY DATA TRANSMITTED
IN CONNECTION WITH THE USE OF THE FORMOVE WEBSITE.
Certain Jurisdictions:
Some jurisdictions do not allow exclusion of certain warranties or the
exclusion of liability for incidental or consequential damages. If you reside
in such a jurisdiction, the above disclaimers and limitations will only apply
to you to the maximum extent permitted by law.
Termination and Suspension of Service:
ForMove may terminate any particular User's use of our services, or may suspend
or terminate our services in general, at any time, for any reason, with or
without notice to the User.
User Access and Interference:
You agree and promise that you will not use any device, software, routine, or
other method to interfere or attempt to interfere with, disrupt, or attempt to
disrupt, or impose any disproportionate load on the infrastructure or proper
functioning of the ForMove website, servers, networks, or any database
connected to the website, or to deface or alter the contents of the website.
User Feedback:
The ForMove website includes a venue for User feedback designed to facilitate
the exchange of opinions, experiences, and thoughts ("User Feedback") with
ForMove about the ForMove website, its content, services, and products, and the
services and products provided by participating Service Providers. By
submitting User Feedback to this website, you agree that such a submission is
public for all purposes and that ForMove may publish and use such User Feedback
for marketing, advertising, and other purposes. Accordingly, if you make any
such submission, you automatically grant or warrant that the owner of such
content has expressly granted ForMove a royalty-free, perpetual, irrevocable,
worldwide, license to use, reproduce, sub-license, prepare derivative works,
distribute, display, and otherwise make available to the public such User
Feedback in any media or medium, or any form, format, or forum, now known or
later developed. You hereby waive all rights to any claim against ForMove for
any alleged or actual infringements of any proprietary rights, rights of
privacy and publicity, moral rights, or rights of attribution in connection
with such User Feedback. You agree that you will not upload or transmit any
type of communications or content that infringes or violates any rights of any
party. You agree that ForMove is neither responsible nor liable for the
appropriateness, accuracy, completeness, correctness, timeliness, or veracity
of displayed or distributed User Feedback. It is understood and agreed that
reliance upon any User Feedback is your sole responsibility
3. Intellectual Property
Copyrights:
All of the contents on this website, other than User Feedback, is the property
of ForMove, and/or its suppliers, and participating Service Providers and is
protected by U.S. and international copyright laws.
Trademarks:
All trademarks, trade names, brand names, and service marks of ForMove, whether
registered or unregistered, are the property of ForMove and are protected by
U.S. and international trademark laws.
Patents:
All patents, assets, inventions, and patent applications of ForMove are the
property of ForMove and are protected by U.S. and international patent laws.
Limited License:
authorizes you to download the material on this website solely
for your personal, non-commercial use without the right to distribute any such
material to any other person for commercial gain. If you violate any provision
of these Terms of Service, your permission to use the contents of this website
automatically terminates and you must immediately destroy any copies you have
made of any portion of the content of this website.
4. General Legal Provisions
Third Party Links:
This website may include or provide links to websites maintained by third
parties, and these websites may include information, recommendations, services,
software, or products beyond ForMove's control. When accessing some of those
links and in order not to impair the User experience, you may not be able to
tell that you have left ForMove's website. These links are provided for your
convenience and reference only. In providing these links, ForMove has not
investigated the content of such websites, nor does it imply any endorsement by
ForMove of the services, products, or content provided on such websites. In
consequence, you specifically acknowledge and agree that ForMove has no or
minimal control over such sites and is not responsible or liable for any
content, advertising, products, services, or other materials on or available
from such websites.
Indemnification:
You agree to indemnify, defend, and hold harmless ForMove, its officers,
directors, employees, agents, suppliers, co-branders, partners,
representatives, shareholders, attorneys, successors, and assigns, from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable attorneys' fees and
litigation expenses), caused by, arising out of, or associated in any way with
your violation of these Terms or any activity related to the use of ForMove's
website by you or any other person accessing ForMove's website using your
account. In addition, you shall promptly notify us of any legal claim, demand,
right, or cause of action asserted, instituted, or threatened against us that
arises from or in connection with these Terms, whether or not you are obligated
to indemnify us for such claims hereunder.
Arbitration and Choice of Law:
Any disputes or claims arising out of, resulting from, or alleged to result
from, or related to the use of ForMove's website and services shall be finally
and exclusively resolved by final and binding arbitration in the county of New
York, New York, U.S.A., under the rules of the American Arbitration
Association. The arbitrator may enter a default decision against any party who
fails to participate in the arbitration proceedings. Judgment on the award may
be entered in any court having jurisdiction thereof. Further, to the extent
that any claims you assert against ForMove fall outside the scope of the
preceding arbitration provision, you hereby consent to the exclusive
jurisdiction and venue of the courts of New York for any disputes or claims
involving ForMove. These Terms shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to the principles
of conflicts of law thereof.
International Law:
ForMove is based in the State of New York in the United States of America.
ForMove's website and services are not directed to Users located outside the
United States of America and Canada, nor intended for use by non-U.S. or
non-Canadian residents. If you access the ForMove website from outside the
United States and Canada, you do so at your own risk and responsible for
compliance with the laws of your jurisdiction. You hereby expressly consent to
the use and processing of your personally identifiable information in
accordance with ForMove'sPrivacy Policy. You specifically acknowledge that you
have read and consent to the terms of the Privacy Policy.
Entire Agreement:
Except as expressly provided elsewhere in writing at the ForMove website, these
Terms constitute the entire agreement between you and ForMove with respect to
the use of ForMove's website and content. Your use of the ForMove website is
also subject to the ForMove Privacy Policy. You also may be subject to
additional terms and conditions that may apply when you use a Service
Provider's services, third-party services or content, or purchase third-party
products.
Waiver:
Our failure to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. No waiver of any of these
Terms shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
Severability:
If any provision of these Terms is found by a court of competent jurisdiction
or arbitration tribunal to be invalid or unenforceable, the parties
nevertheless agree that the court shall endeavor to give effect to the parties'
intentions as reflected in said provision, and the remainder of the Terms shall
continue in effect.
Modification:
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Terms.
Assignment:
ForMove may assign its rights and duties under these Terms to
any party at any time without notice to you and/or your approval. You may not
assign any rights or duties under these Terms without the express written
consent by ForMove.
Acknowledgment:
You acknowledge that the provisions, disclosures, and disclaimers set forth in
these Terms are fair and reasonable and your agreement to follow and be bound
by them is not the result of fraud, duress, or undue influence exercised upon
you by any person or entity. You hereby acknowledge that you have read these
Terms, have had an opportunity to consult with you own legal counsel if you so
desired, and agree to be bound by all its terms and conditions. You agree that,
in interpreting these Terms, no weight shall be placed upon the fact that these
Terms has been drafted by us, and you shall not assert that these Terms are
unenforceable or invalid on the grounds that this is a contract of adhesion,
that they are unconscionable, or any similar theory. Notwithstanding any
provisions of these Terms, ForMove has available all rights and remedies at law
or equity to enforce these Terms, and may, in its sole judgment and in addition
to these rights and remedies, block your access to the ForMove website if you
breach any of these Terms. There are no representations, promises, warranties,
or undertakings by ForMove contrary to those set forth above.
If you have any questions or comments about these Terms or about ForMove in
general please feel free to contact us.
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