Welcome to Getamover! We are excited that you have decided to take advantage of the many useful services offered on our Web site, which include having movers compete for your business. 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. If you have any questions or comments about these Terms - or about Getamover in general - please contact us via e-mail at email@example.com, by telephone at (703) 996-9339, or via U.S. mail at Customer Service, Getamover, 2875, Towerview Rd. Herndon, VA, 20171.
BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS THE GETAMOVER WEB SITE.
We reserve the right to modify, update, or change these Terms at any time and for any reason, and such revisions are effective immediately upon the earlier to occur of posting of the revisions or notification to you at the e-mail address you have provided us with. By continuing to use this Web site after such revisions, you agree to be bound by any such revision and should therefore periodically visit this page of the Web site and print the latest version of the Terms for your records. For your convenience and information, the date of the last update to these Terms is listed at the top of this document. If any modification is unacceptable to you, please do not continue to use the Getamover Web site.
TABLE OF CONTENTS:
Any reference in these Terms of Service to:
· "User," "you," and "your" means any person or entity visiting, and/or subscribing to the services offered on, the Getamover Web site, located at http://www.getamover.com, other than Movers who have agreed to participate in one of the Getamover Affiliate Programs.
· "Mover" means any moving and/or relocation service provider participating in the Getamover Web site.
· Other Retailers, Content or Service Providers Connected to the Getamover Web Site: For your convenience, Getamover provides on its Web site the services, products, and content of other retailers and content and service providers relevant to the moving industry. Such products, content, and services are beyond the control of Getamover and Getamover 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 Getamover 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 Getamover Web site, in conformance with the Disclaimers and Limitations of Liability.
· Disclaimers and Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETAMOVER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS WEB SITE, 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 MOVER, OR THIRD PARTY WHO PARTICIPATES ON THE WEB SITE, AND THE ACCURACY OF POSTINGS MADE ON THE WEB SITE BY US, OR BY OR ON BEHALF OF USERS, MOVERS, OR THIRD PARTIES WHO PARTICIPATE ON THE WEB SITE, 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 GETAMOVER AND ITS SERVICES IS AT YOUR SOLE RISK. IN NO EVENT SHALL GETAMOVER, 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 WEB SITE, OR FOR ANY MATERIAL CONTAINED IN, OR PRODUCTS PURCHASED ON, OR SERVICES OBTAINED THROUGH, THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GETAMOVER HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF ANY DAMAGES OR INJURY. IN NO EVENT SHALL GETAMOVER BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
IN PARTICULAR, YOU AGREE THAT GETAMOVER SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE, IN WHOLE OR IN PART, FOR ANY OUTSTANDING DEBTS, FEES, COSTS, OR EXPENSES INCURRED BY A MOVER OR A USER AS A RESULT OF A TRANSACTION BETWEEN A MOVER 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."
GETAMOVER DOES NOT REPRESENT OR WARRANT THAT INFORMATION, MATERIAL, SERVICES, ADVICE, OR PRODUCTS ON THIS WEB SITE, WHETHER PROVIDED BY GETAMOVER, 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 WEB SITE OR PARTICIPATING RETAILERS OR MOVERS, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Getamover uses Secure Sockets Layer (SSL) technology to protect your personally identifiable information and transmissions between you and Getamover. Although Getamover has taken all appropriate and reasonable steps to ensure delivery and disclosure of your information only to participating Movers, information will be transmitted over a medium which is beyond the control and jurisdiction of Getamover. GETAMOVER 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 GETAMOVER WEB SITE.
· 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: Getamover 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 Getamover Web site, servers, networks, or any database connected to the Web site, or to deface or alter the contents of the Web site.
· User Feedback: The Getamover Web site includes a venue for User feedback designed to facilitate the exchange of opinions, experiences, and thoughts ("User Feedback") with Getamover about the Getamover Web site, its content, services, and products, and the services and products provided by participating Movers. By submitting User Feedback to this Web site, you agree that such a submission is public for all purposes and that Getamover 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 - Getamover a royalty-free, perpetual, irrevocable, world-wide, 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 Getamover 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 Getamover is not 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 and at your sole risk.
· Copyrights: All of the contents on this Web site, other than User Feedback, is the property of Getamover, and/or its suppliers, participating Movers, or service providers and is protected by U.S. and international copyright laws.
· Trademarks: All trademarks, trade names, brand names, and service marks of Getamover, whether registered or unregistered, are the property of Getamover and are protected by U.S. and international trademark laws.
· Patents: All patents, patentable assets, inventions, and patent applications of Getamover are the property of Getamover and are protected by U.S. and international patent laws.
· Limited License: Getamover authorizes you to download the material on this Web site 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 Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the content of this Web site.
· Third Party Links: This Web site may include or provide links to Web sites maintained by third parties, and these Web sites may include information, recommendations, services, software, or products beyond Getamover'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 Getamover's Web site. These links are provided for your convenience and reference only. In providing these links, Getamover does not represent that it has investigated the content of such Web sites, nor does it imply any endorsement by Getamover of the services, products, or content provided on such Web sites. In consequence, you specifically acknowledge and agree that Getamover 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 Web sites.
· Indemnification: You agree to indemnify, defend, and hold harmless Getamover, 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 Getamover's Web site by you or any other person accessing Getamover's Web Site 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 Getamover's Web site and services shall be finally and exclusively resolved by final and binding arbitration in the county of Montgomery, Maryland, 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 Getamover fall outside the scope of the preceding arbitration provision, you hereby consent to the exclusive jurisdiction and venue of the courts of Maryland for any disputes or claims involving Getamover. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to the principles of conflicts of law thereof.
· 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: Getamover 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 Getamover.
· 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, Getamover 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 Getamover Web site if you breach any of these Terms. There are no representations, promises, warranties, or undertakings by Getamover contrary to those set forth above