Welcome to MovingMarketplace.com! 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 decide 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 MovingMarketplace.com in general - please contact us via e-mail at webmaster@MovingMarketplace.com.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS THE MOVINGMARKETPLACE.COM 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 bottom of this document. If any modification is unacceptable to you, please do not continue to use the MovingMarketplace.com Web site.

By accessing the MovingMarketplace.com Web site, or by using the MovingMarketplace.com Web site or any services provided by MovingMarketplace.com, you agree that you have read and consent to the terms of our Privacy Policy . The information you provide to MovingMarketplace.com will assist you in choosing a moving company or other service provider suitable 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 accept the terms of the Privacy Policy If you have not read our Privacy Policy, please do so now.

TABLE OF CONTENTS:

1. Users, Movers, and MovingMarketplace.com

2. Legal Notices

3. Intellectual Property

4. General Legal Provisions

1. USERS, MOVERS, AND MOVINGMARKETPLACE.COM

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 MovingMarketplace.com Web site, located at http://www.movingmarketplace.com , other than Movers who have agreed to participate in one of the MovingMarketplace.com Affiliate Programs.

· "Mover" means any moving and/or relocation service provider participating in the MovingMarketplace.com Web site.

· "MovingMarketplace.com" include the MovingMarketplace.com Web sites.


2. LEGAL NOTICES

Moving Quote Requests: MovingMarketplace.com is not a relocation and/or moving service provider ("Mover"), nor a carrier or broker. MovingMarketplace.com does not provide any relocation services, nor endorse or recommend the services and/or products of any mover participating in the MovingMarketplace.com Web site. MovingMarketplace.com is not an agent of the User, nor of any participating Movers or other listed service providers or retailers on the MovingMarketplace.com Web site, and will not be liable to you for any actions or omissions of any participating Mover or other service provider or retailer. No third party beneficiary relationship is intended to be conferred by making the services of MovingMarketplace.com's Web site available to Users or Movers. MovingMarketplace.com's services are free to the User and of an administrative nature only; MovingMarketplace.com is not involved in any actual transactions between Users and Movers. MovingMarketplace.com acts only as a passive conduit to facilitate contacts between Users and Movers, and you, the User, hereby expressly grant MovingMarketplace.com permission to disclose any and all information you provide to MovingMarketplace.com to any or all of the participating Movers in accordance with our Privacy Policy and as MovingMarketplace.com, in its sole discretion, deems appropriate to match both the User's moving and relocation needs and the Mover's service capabilities. Any information provided by you to MovingMarketplace.com 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 Mover within the next 180 days following the date of said quote request ("good faith quote request"). You warrant and represent to MovingMarketplace.com that you are not an individual or company involved in the moving business seeking to obtain participating Movers' quotes for any purpose other than to submit a good faith quote request yourself. MovingMarketplace.com neither represents nor guarantees that a User will find a Mover or a quote satisfactory to the User. The Mover selected by the User is solely responsible and liable for providing the contemplated moving and relocation services, and you agree, in conformance with the Disclaimers and Limitations of Liability, below, that MovingMarketplace.com 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 MovingMarketplace.com's Web site or your dealings with any Mover. Further, you agree that MovingMarketplace.com has the right to follow up with you after completion of the moving and/or relocation transaction and to request the name of the retained Mover.

Other Retailers, Content or Service Providers Connected to the MovingMarketplace.com Web Site: For your convenience, MovingMarketplace.com 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 MovingMarketplace.com and MovingMarketplace.com 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 MovingMarketplace.com 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 MovingMarketplace.com Web site, in conformance with the Disclaimers and Limitations of Liability.

Disclaimers and Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOVINGMARKETPLACE.COM 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 MOVINGMARKETPLACE.COM AND ITS SERVICES IS AT YOUR SOLE RISK. IN NO EVENT SHALL MOVINGMARKETPLACE.COM, 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, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MOVINGMARKETPLACE.COM HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF ANY DAMAGES OR INJURY. IN NO EVENT SHALL MOVINGMARKETPLACE.COM BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

IN PARTICULAR, YOU AGREE THAT MOVINGMARKETPLACE.COM 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."

MOVINGMARKETPLACE.COM DOES NOT REPRESENT OR WARRANT THAT INFORMATION, MATERIAL, SERVICES, ADVICE, OR PRODUCTS ON THIS WEB SITE, WHETHER PROVIDED BY MOVINGMARKETPLACE.COM, 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.

ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM.

MovingMarketplace.com uses Secure Sockets Layer (SSL) technology to protect your personally identifiable information and transmissions between you and MovingMarketplace.com. Although MovingMarketplace.com 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 MovingMarketplace.com. MovingMarketplace.com 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 MOVINGMARKETPLACE.COM 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: MovingMarketplace.com 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 MovingMarketplace.com 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 MovingMarketplace.com Web site includes a venue for User feedback designed to facilitate the exchange of opinions, experiences, and thoughts ("User Feedback") with MovingMarketplace.com about the MovingMarketplace.com 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 MovingMarketplace.com 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 - MovingMarketplace.com 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 MovingMarketplace.com 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 MovingMarketplace.com 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.



3. INTELLECTUAL PROPERTY

Copyrights: All of the contents on this Web site, other than User Feedback, is the property of MovingMarketplace.com, 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 MovingMarketplace.com, whether registered or unregistered, are the property of MovingMarketplace.com and are protected by U.S. and international trademark laws.

Patents: All patents, patentable assets, inventions, and patent applications of MovingMarketplace.com are the property of MovingMarketplace.com and are protected by U.S. and international patent laws.

Limited License: MovingMarketplace.com 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.
 

4. GENERAL LEGAL PROVISIONS

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 MovingMarketplace.com'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 MovingMarketplace.com's Web site. These links are provided for your convenience and reference only. In providing these links, MovingMarketplace.com does not represent that it has investigated the content of such Web sites, nor does it imply any endorsement by MovingMarketplace.com of the services, products, or content provided on such Web sites. In consequence, you specifically acknowledge and agree that MovingMarketplace.com 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 MovingMarketplace.com, 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 MovingMarketplace.com's Web site by you or any other person accessing MovingMarketplace.com'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 MovingMarketplace.com's Web site and services shall be finally and exclusively resolved by final and binding arbitration in the county of Kings, 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 MovingMarketplace.com 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 MovingMarketplace.com. 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: MovingMarketplace.com is based in the State of New York in the United States of America. MovingMarketplace.com's Web site and services are not directed to Users located outside the United States of America. If you access the MovingMarketplace.com Web Site from outside the United States, you do so at your own risk and are 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 MovingMarketplace.com's Privacy 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 MovingMarketplace.com Web site, these Terms constitute the entire agreement between you and MovingMarketplace.com with respect to the use of MovingMarketplace.com's Web site and content. Your use of the MovingMarketplace.com Web site is also subject to the MovingMarketplace.com Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use a Mover'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: MovingMarketplace.com 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 MovingMarketplace.com.

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, MovingMarketplace.com 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 MovingMarketplace.com Web site if you breach any of these Terms. There are no representations, promises, warranties, or undertakings by MovingMarketplace.com contrary to those set forth above.

Last Updated: September 15, 2005