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MovingGuardian.org Terms & Conditions

Last Updated: September 17, 2014

Moving Guardian, Inc. ("Moving Guardian") helps consumers research, hire, rate, and review a variety of service contractors (collectively, “Service Providers”), in addition to providing its own services to the public. The following Terms & Conditions outline your obligations when using the Moving Guardian.org website, mobile applications, and services.

ACCEPTANCE OF TERMS

The Moving Guardian Internet site available at www.movingguardian.org, the Moving Guardian mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, (collectively, the "MG Services") are owned and operated by Moving Guardian and can only be accessed and used by you under the Terms & Conditions described below ("Terms & Conditions").

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE MG SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE MG SERVICES.

MODIFICATIONS OF TERMS & CONDITIONS

Moving Guardian may, in its sole discretion, modify these Terms & Conditions at any time effective upon posting the modified Terms & Conditions on and in connection with the MG Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the MG Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the MG Services and to provide Moving Guardian notice to remove you from any distribution lists or other communication list that are available to you through your use of the MG Services. YOUR CONTINUED USE OF THE MG SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS & CONDITIONS.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms & Conditions, Moving Guardian grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the MG Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms & Conditions, without the express written consent of Moving Guardian. Moving Guardian may modify, update, suspend or discontinue the MG Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Moving Guardian shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

USER CONDUCT

As a condition of your access and use of the MG Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the MG Services (collectively, the “Content”), you agree not to use the MG Services for any purpose that is unlawful or prohibited by these Terms & Conditions, or any other purpose not reasonably intended by Moving Guardian. By way of example, and not as a limitation, you agree not to:

  1. intentionally or unintentionally violate these Terms & Conditions, other applicable agreement with Moving Guardian, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

  2. use the MG Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

  3. use the MG Services or its Content for any purposes not authorized by this Terms & Conditions, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the MG Services for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your personal purchasing decisions, without the express written consent of Moving Guardian, which consent may be withheld by Moving Guardian in our sole discretion;

  5. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the MG Services or any activities conducted on the MG Services;

  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Moving Guardian, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

  7. knowingly provide or submit false or misleading information;

  8. use the MG Services if you are under the age of eighteen (18);

  9. take any action that would undermine the review and rating process under the MG Services;

  10. attempt to gain unauthorized access to the MG Services, other user accounts, or other computer systems or networks connected to the MG Services;

  11. use the MG Services in any way that could interfere with the rights of Moving Guardian or the rights of other users of the MG Services;

  12. attempt to gain unauthorized access to any portion or feature of the MG Services, or any other systems or networks connected to the MG Services or to any server used by Moving Guardian by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other MG Services user;

  13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms & Conditions;

  14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the MG Services;

  15. access, download, monitor, or copy any information contained on our MG Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the MG Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the MG Services; or

  16. probe, scan or test the vulnerability of the MG Services or any network connected to the MG Services, nor breach the security or authentication measures on or of the MG Services or any network connected to the MG Services. You may not reverse look-up, trace or seek to trace any information on any other user of the MG Services, or any other customer of Moving Guardian, including any Moving Guardian account not owned by you, to its source, or exploit the MG Services or any service or information made available or offered by or through the MG Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Moving Guardian and provided for by the MG Services;

MOVING GUARDIAN MEMBERSHIP AND OTHER MOVING GUARDIAN SERVICES

When using, accessing, or purchasing particular services or features of the MG Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms & Conditions. For example, Moving Guardian restricts access to some portions of the MG Services to persons with an Moving Guardian Membership. The Moving Guardian Membership Agreement is available at www.moving guardian.org/Membership-Agreement and is hereby incorporated by this reference.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the MG Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the MG Services, you agree to (a) provide Moving Guardian with true, accurate, current and complete information as prompted by the Moving Guardian's registration forms, when registering for or using the MG Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

SUBMITTING CONTENT

As a condition of submitting any Content or other materials to MG Services, you agree that:

  1. you grant to Moving Guardian a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Moving Guardian all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the MG Services;

  2. you grant to Moving Guardian all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

  3. your name and report information may be made available to the public and to the Service Providers on which you report;

  4. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Moving Guardian, and others as described and otherwise contemplated in these Terms & Conditions;

  5. you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms & Conditions.

  6. you are solely responsible for your reviews and ratings;

  7. Moving Guardian may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;

  8. you will not submit any reviews that may be considered by Moving Guardian to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;

  9. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual's actual first-hand experience with a provider whereby you have the legal authority to disclose such information and experience of such individual;

  10. all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;

  11. you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;

  12. you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;

  13. you have not received any form of compensation to post reviews and ratings;

  14. you will submit thorough and thoughtful reviews of the Service Providers you review;

  15. you will not submit reviews that comment on other users or the reviews of other users;

  16. you will not submit reviews with hyperlinks; or

  17. the reviews and ratings that you provide do not reflect the views of Moving Guardian, its officers, managers, owners, employees, agents, designees or other users.

PUBLICATION AND DISTRIBUTION OF CONTENT

Moving Guardian cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the MG Services. You acknowledge that Moving Guardian simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated content. You understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Moving Guardian does not control, and is not responsible for Content or Service Provider Content made available through the MG Services, and that by using the MG Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that Moving Guardian has no obligation to screen, preview, monitor or approve any user-generated Content on the MG Services. However, Moving Guardian reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms & Conditions. By using the MG Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the MG Services. Under no circumstances will Moving Guardian be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the MG Services. You waive the right to bring or assert any claim against Moving Guardian relating to Content, and release Moving Guardian from any and all liability for or relating to any Content. Moving Guardian has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

You may, however, report Content that you believe violates these Terms & Conditions or is otherwise unlawful by sending an email to helpdesk@movingguardian.org (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that Moving Guardian may establish general practices, policies and limits, which may or may not be published, concerning the use of the MG Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the MG Services in a given period of time. You agree that Moving Guardian has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the MG Services. You agree that Moving Guardian has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

SERVICE PROVIDERS

Moving Guardian does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, Moving Guardian is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Moving Guardian. Moving Guardian is a public service organization, whose sole function is to help the public and businesses find the most honest, professional and reliable Service Providers. Moving Guardian shall not be held responsible for any damages, fraud, improprieties, or misconduct on the part of any Service Provider. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Third parties and Service Providers may link or otherwise direct Internet users to our MG Services for the purpose of utilizing one or more of the services we provide or on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Moving Guardian does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Moving Guardian's policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Moving Guardian will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Moving Guardian does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that Moving Guardian is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Moving Guardian relating to any interactions or dealings with any Service Provider, and release Moving Guardian from any and all liability for or relating to any interactions or dealings with Service Providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the MG Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Moving Guardian shall not be responsible or liable, directly or indirectly, 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 parties or Service Providers on the Moving Guardian MG Services.

MOVING GUARDIAN DIRECT SERVICES

SCOPE

If Buyer has agreed, either electronically or via a signed purchase agreement with Moving Guardian to terms and conditions applicable to the sale of product or services, then those terms and conditions shall apply to the sale of product or services. If no such current agreement with Moving Guardian exists, then the terms and conditions contained herein ("Terms & Conditions of Sale") shall apply to all quotations made and contracts of sale entered into between Moving Guardian and Buyer, irrespective of whether Buyer accepts these Terms & Conditions by a written acknowledgement, by implication, or by acceptance of goods or information hereunder.Any term or condition on any order or other document submitted by Buyer shall be of no force or effect whatsoever and Moving Guardian specifically rejects any different or additional terms and conditions proposed by Buyer.

NO RESALE

Products or information purchased shall be for Buyer's own use in its facilities in the United States and shall not be purchased for the purpose of resale or distribution to another entity or individual. Nor shall the Product or Information be passed on to other consumers without the express written consent of Moving Guardian, Inc.

PRICE

Prices shall be as set forth on the applicable Moving Guardian Price List in effect on the date Buyer's order is accepted by Moving Guardian. Moving Guardian reserves the right to accept or decline any order, in whole or in part. Moving Guardian may cancel any accepted order prior to shipment or listing. Unless Buyer notifies Moving Guardian otherwise, Moving Guardian may make partial shipments of Buyer's order. Moving Guardian will not be liable for any failure to ship complete orders. Buyer will be invoiced separately for each Partial shipment and will pay each invoice when due, without regard to subsequent deliveries. Should orders for product exceed Moving Guardian's available inventory, Moving Guardian will allocate its available inventory and make deliveries (including partial shipments) on a basis Moving Guardian deems equitable, in its sole discretion, and without liability to Buyer. Prices include standard freight and insurance using a Moving Guardian selected carrier. All applicable local sales or use taxes, duties, or other import taxes, if any, due on account of purchases hereunder shall be paid by Buyer. Proof of tax-exempt status must be on file at Moving Guardian Support Center for any order to be treated as a tax-exempt transaction.

TITLE AND DELIVERY

Title and risk of loss to all Products will pass to Buyer upon shipment from Moving Guardian's shipping location.

PAYMENT

Buyer shall prepay all orders unless credit is first extended by Moving Guardian. If credit is extended by Moving Guardian, Buyer will be invoiced upon shipment of products or services performed and payment of such invoice is due no later than thirty (30) days from the date of invoice. Moving Guardian reserves the right to change Buyer's credit terms at any time.

SUPPORT PRODUCTS AND SERVICES

Support products and services (such as Moving Guardian’s e-books) are subject to the terms and conditions that accompany those products. All products and services, other than Moving Guardian-branded products, are sold "as is" and without warranty from Moving Guardian but may be accompanied by a Third Party warranty, as more particularly provided in any warranty documentation that accompanies such products or services.

MOVING GUARDIAN MAKES NO OTHER WARRANTY TO BUYER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS OR SERVICES. MOVING GUARDIAN SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOFTWARE RIGHTS

Buyer acknowledges that products often contain not only hardware but also software, including but not limited to operating systems and Applications. Such software may be included in ROMs or other semiconductor chips embedded in hardware, or it may be contained separately on disks or on other media. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents. Buyer, as an end user, is licensed to use any software contained in such products, subject to the terms of the license accompanying the product, if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of the United States. Unless Buyer has obtained Moving Guardian’s prior written consent, Buyer, in addition to any obligations or restrictions set forth in any license which may accompany a product, or service shall not copy the software, except to backup or for archival purposes, and Buyer shall promptly affix to any such copy the same proprietary and copyright notices as were affixed to the original. Buyer shall not disassemble, decompile, reverse engineer, copy, modify, create derivative works thereof, or otherwise change any of the software or its form.

LIMITATION OF LIABILITY AND REMEDIES. IN NO EVENT SHALL MOVING GUARDIAN BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS OR REVENUE. DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $1,000 IN THE AGGREGATE.

This limitation is a critical element of the parties' bargained-for consideration and will be effective even if Moving Guardian is informed in advance of the possibility of such damages.

TERMINATION OF ACCESS

Moving Guardian may terminate your privilege to use or access the MG Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the MG Services and agree not access or make use of, or attempt to use, the MG Services. Furthermore, you acknowledge that Moving Guardian reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the MG Services. You understand that Moving Guardian may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution of any other rights and remedies available to Moving Guardian.

All provisions of these Terms & Conditions which by their nature should survive termination shall survive the termination of your access to the MG Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

Moving Guardian, and other MG Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks of Moving Guardian in the U.S. and/or other countries. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the MG Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the MG Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Moving Guardian and/or its licensors and are protected by all United States and international copyright laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Moving Guardian respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the MG Services who are infringers.

Notifying Moving Guardian of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Dept.” at dmcanotice@movingguardian.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. a detailed description of where the material that you claim is infringing is located or found on the MG Services;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing Moving Guardian with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter-Notification Dept.” at dmcanotice@movingguardian.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

DELAYS AND ACCESSIBILITY

The MG Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Moving Guardian is not responsible for any delays, failures or other damage resulting from such problems.

USER FEEDBACK

Moving Guardian appreciates hearing from you, as well as our other users, and welcomes your comments regarding our MG Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our MG Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Moving Guardian. In addition, none of the Submissions will be subject to any obligations of confidentiality and Moving Guardian will not be liable for any future use or disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS

You acknowledge that Moving Guardian has no control over, and no duty to take any action regarding: which users gain access to or use the MG Services; what effects the content on or in connection with the MG Services may have on you; how you may interpret or use the content on or in connection with the MG Services; or what actions you may take as a result of having been exposed to the content on or in connection with the MG Services. You release Moving Guardian from all liability for you having acquired or not acquired content or information through the MG Services. The MG Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Moving Guardian makes no representations concerning any content contained in or accessed through the MG Services, and Moving Guardian will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the MG Services. Moving Guardian makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE MG SERVICES AT YOUR OWN RISK. THE MG SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MOVING GUARDIAN NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE MG SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MOVING GUARDIAN, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE MG SERVICES. IN NO EVENT WILL MOVING GUARDIAN OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MOVING GUARDIAN OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE MG SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE MG SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOVING GUARDIAN OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MOVING GUARDIAN DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOVING GUARDIAN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MOVING GUARDIAN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS SOLELY AT YOUR RISK, AND MOVING GUARDIAN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Moving Guardian has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Moving Guardian from all liability for you having acquired or not acquired Content through the MG Services. Moving Guardian makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the MG Services, and Moving Guardian will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the MG Services.

The MG Services may display links to other Internet sites or resources. Because Moving Guardian has no control over such sites and resources, you acknowledge and agree that Moving Guardian is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Moving Guardian shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless Moving Guardian, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms & Conditions by you; (b) the inaccurate or untruthful Content or other information provided by you to Moving Guardian or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Moving Guardian will have sole control of the defense of any such damage or claim.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOVING GUARDIAN, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOVING GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE MG SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE MG SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE MG SERVICES; (F) ANY OTHER MATTER RELATING TO THE MG SERVICES; (G) ANY BREACH OF THESE TERMS & CONDITIONS BY MOVING GUARDIAN OR THE FAILURE OF MOVING GUARDIAN TO PROVIDE THE SERVICES UNDER THESE TERMS & CONDITIONS OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT MOVING GUARDIAN, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS & CONDITIONS OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

BREACH OF TERMS & CONDITIONS AND LIQUIDATED DAMAGES

You understand that the content in each report or record on Moving Guardian has significant value to Moving Guardian and that the damage caused to Moving Guardian for any violation of these Terms & Conditions pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Moving Guardian’s damages for the specified breaches of these Terms & Conditions:

  1. If you post Content in violation of these Terms & Conditions, you agree to promptly pay Moving Guardian One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms & Conditions. We may (but shall not be required to) to issue you a warning before assessing damages.

  2. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms & Conditions, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

  3. If you use computer programming routines that are intended to aggregate records or reports from the MG Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the MG Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

  4. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Moving Guardian, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms & Conditions, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms & Conditions, or any combination thereof.

NOTICE

By use of the MG Services, you consent to receive electronic communications from Moving Guardian (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Moving Guardian may communicate any notices to you under these Terms & Conditions, through electronic mail, regular mail or posting the notices on the MG Services. All notices to Moving Guardian will be provided by sending an email to helpdesk@movingguardian.org. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

ENTIRE AGREEMENT

These Terms & Conditions and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Moving Guardian. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Moving Guardian regarding the subject matter contained in these Terms & Conditions. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Moving Guardian under these Terms & Conditions.

GOVERNING LAW

These Terms & Conditions and the relationship between you and Moving Guardian will be governed by the laws of the State of New York, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in New York and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Moving Guardian may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the MG Services or these Terms & Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

 MISCELLANEOUS

If you breach any term of this Terms & Conditions or other agreement with Moving Guardian, Moving Guardian may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Moving Guardian's remedies are cumulative and not exclusive. Failure of Moving Guardian to exercise any remedy or enforce any portion of the Terms & Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms & Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms & Conditions is not assignable, transferable or sublicensable by you except with Moving Guardian's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. No modification to these Terms & Conditions will be binding unless in writing and authorized by Moving Guardian. Users of the MG Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Moving Guardian as a result of these Terms & Conditions or use of the MG Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms & Conditions.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at helpdesk@movingguardian.org. We will address any issue to the best of our abilities.

Thankyou