TERMS AND CONDITIONS OF USE AND LEGAL NOTICESEffective Date: April 13, 2009TERMS AND CONDITIONS OF USEUse of the MoveSavers.com web site assumes that you fully accept and agree to the Terms and Conditions of Use set forth in this document. These Terms and Conditions of Use also state that by signing up for MoveSavers.com programs, you are certifying that you have read and understand our Terms and Conditions of Use and Legal Notices as well as our Privacy Policy. Further, you are agreeing to the content and conditions listed here. MoveSavers.com reserves the right to change these Terms and Conditions of Use and Legal Notices at any time, for any reason. We will notify you of any material changes by posting the new Terms and Conditions of Use and Legal Notices here and changing the "Effective Date" at the top. We encourage you to check this document periodically for any changes. If you do not accept these Terms and Conditions of Use, you are not authorized to use this site for any purpose. MoveSavers.com may, in its sole discretion, terminate your use of this site at any time, without notice, for any or no reason, including, without limitation, breach of these Terms and Conditions of Use.I. LIMITED LICENSEEverything that you read or see on the site is copyrighted or otherwise protected and owned by us or a third party who licensed or granted to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the site may be copied or used except as provided in these Terms and Conditions of Use or with our prior written approval.Unless otherwise expressly noted, we grant you permission to print individual pages from the site for your own personal, noncommercial use in learning about, evaluating the services or products offered on the site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not: • use the materials for any commercial purpose, or for any public display (commercial or noncommercial); • remove any copyright, trademark or other proprietary notations from the materials; or • transfer the materials to another person or "mirror" the materials on any other server. We make no warranties or representations to you that your use of any materials displayed on the site will not infringe the rights of third parties. II. SECURITYAny unauthorized use or entry ("hacking") into the MoveSavers.com web site is illegal and is punishable by law. You agree that you will not do any of the following: (1) upload or transmit any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the MoveSavers.com web site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on the MoveSavers.com web site any advertisements or solicitations of business; (6) restrict or inhibit other visitors' use of The MoveSavers.com web site; (7) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the MoveSavers.com web site or that you have a contractual obligation to keep confidential; (10) post "spam", chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the MoveSavers.com web site, or which, as determined by MoveSavers.com, exposes MoveSavers.com or our users to any liability or detriment of any type. Your failure to comply with this provision may result in the termination of your use of the MoveSavers.com web site and may expose you to civil and/or criminal liability.You represent, warrant and covenant (a) that no materials of any kind submitted by you or MoveSavers.com's use thereof will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. III. THIRD PARTY SITESYou will be transferred to an online merchant(s) or other third party site(s) through links on this site. We have not reviewed all of the third party sites linked to this site and are not responsible for the content of or any products or services offered on such sites. Please read such sites' Terms and Conditions of Use and/or Privacy Policies before using such sites. These policies shall apply with regard to your use of the sites. You agree that MoveSavers.com and its affiliates, representatives and licensors have no liability whatsoever from such third party sites and your usage of them. MoveSavers.com does not warrant the products or services of any third party sites or the content of such sites. If you wish to suspend email from such sites, you must contact them directly.IV. EMAIL OPT-IN POLICYBy agreeing to these Terms and Conditions of Use (as indicated by your act of clicking on the "Submit Now" button in the registration process), you agree to receive periodic marketing e-mails from MoveSavers.com and our Affiliates. Please see our Privacy Policy regarding the use of your email address and how to opt-out.V. INDEMNIFICATIONYou agree to defend, indemnify, and hold harmless MoveSavers.com, its advertisers, merchants, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents, representatives and directors from all demands, liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, advertisers' sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of these Terms and Conditions of Use. MoveSavers.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the MoveSavers.com in asserting any available defenses.VI. Disclaimer and Limitation of LiabilityALL MATERIAL ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. WE MAKE NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. Risk of loss and title for items shipped from MoveSavers.com passes to you upon our delivery of such items to the shipping carrier. Items available from MoveSavers.com may be advertised on third party web sites. MoveSavers.com is not responsible for any information on such sites, or for any differences which may exist between information found on such third party sites (such as pricing information) and information on MoveSavers.com. VII. UNITED STATES ONLYAll materials on this site are provided solely for the purpose of promoting the products/services in the United States and its territories. We make no representation that the materials on the site are appropriate or available for use in other locations. If despite these conditions, you use the site from outside the United States, you are solely responsible for compliance with any applicable local laws.VIII. TRADEMARKS, TRADE NAMES, and SERVICE MARKSUnless otherwise indicated, all logos, names and marks on the site are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.IX. CHOICE OF LAWThese Terms and Conditions of Use have been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. You consent to jurisdiction in the federal and state courts located in the State of Illinois.X. MISCELLANEOUS TERMSOur failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms and Conditions of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms and Conditions of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.XI. CONTACTING MoveSavers.COMShould you have any questions about the status of your reward or any other questions, please use the below information to contact us:MoveSavers.com 2421 W. Pratt Blvd., Ste 316, Chicago, IL 60645 312-646-1140 This e-mail address is being protected from spambots. You need JavaScript enabled to view it Contact us online |
