MOVEBUDDHA LLC
TERMS of USE
Last Updated October 27, 2023
These Terms of Use (these “Terms”), together with any documents that they expressly incorporate, govern the relationship and interaction between you ( “User”, “you”, or “your”) and moveBuddha LLC, together with its subsidiaries and affiliates (“moveBuddha”, “we”, “us” or “our”), and your use of our website located at https://moveBuddha.com/ (the “Site”), together with any associated services, features, functionality, or content (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Services.
*IMPORTANT: PLEASE READ CAREFULLY*
BY CHECKING THE BOX TO AGREE OR CLICKING AN “I AGREE” BUTTON, WHENEVER PRESENTED, TO AGREE TO THESE TERMS, OR BY ACCESSING OR USING THE SERVICES, YOU:
I. ACCEPT THESE TERMS AS VALID AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN;
II. REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND
III. IF YOU ARE ENTERING INTO THE TERMS ON BEHALF OF A CORPORATION, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THE CORPORATION, ORGANIZATION OR LEGAL ENTITY AND BIND IT TO THE TERMS SET FORTH HEREIN.
THESE TERMS MAY BE AMENDED BY MOVEBUDDHA, IN WHOLE OR IN PART, AT ANY TIME AND IN MOVEBUDDHA’S SOLE DISCRETION, WITH OR WITHOUT ANY NOTICE TO YOU. THE LATEST VERSION OF THESE TERMS, AS POSTED ON MOVEBUDDHA’S SERVICES, SHALL BE THE VERSION APPLICABLE TO YOU, ON A GOING-FORWARD BASIS, EACH TIME YOU USE THE SERVICES.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT CHECK ANY “I AGREE” BOX OR CLICK ANY “I AGREE” BUTTON TO AGREE TO THESE TERMS, OR ACCESS OR USE THE SERVICES.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION SUIT AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MOVEBUDDHA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MOVEBUDDHA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Changes to these Terms.
(a) We retain the exclusive right, in our sole discretion, to make changes to these Terms, at any time and from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, these Terms, posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you access or use the Services. Therefore, we encourage you to review these Terms regularly.
(b) If, within thirty (30) days of us posting changes or amendments to these Terms, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of withdrawal of your acceptance via the methods set forth in the “Contact Us” Section herein. Upon providing us with your notice of your acceptance withdrawal, you are no longer authorized to access or use the Services, and you must not do so.
2. Our Services; Moving Agreements.
2.1 Services Generally. We are a moving information and resources website that acts as a neutral venue where Users can request quotes and other information from companies not affiliated with us, that provide shipping, transportation and/or related moving services (“Movers”).
2.2 Mover Quotes. From time to time, we may provide you with (i) links to Third-Party Websites (as defined below), including Movers’ websites, domains, subdomains, sites or mobile applications, where you may choose to request estimates of charges from such Movers for their shipping, transportation and/or related moving services (“Mover Services”), and/or (ii) the ability to request a quote directly from various Movers by providing us with your contact information, which will then be shared with selected Mover(s) (collectively, the “Mover Quotes”). As further set forth in Section 10, Third-Party Websites and Third-Party Materials (as defined below) are not under the control of moveBuddha. moveBuddha is not responsible or liable for any Third-Party Websites or Third-Party Materials. moveBuddha provides links to these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services or associated Third-Party Materials. Your use of all links to Third-Party Websites and the Third-Party Materials are at your own risk.
2.3 Moving Cost Calculator. Through the use of our moving cost calculator via the Services (the “Moving Cost Calculator”), and your input of certain requested information, we may generate an estimated quote for the Mover Services which you seek (the “Estimated Quote”); however, such Estimated Quote is generated for your informational purposes only and is not an accurate reflection of the actual cost of the Mover Services charged by the Movers. We make no representations, warranties, or guarantees to you that the Estimated Quotes generated via the Moving Cost Calculator will be accurate, fully encompass all moving charges, or that the Estimated Quote will be identical to the Mover Quotes.
2.4 Moving Agreements. We do not perform any moving related services or enter into moving service agreements (“Moving Agreements”) with any User. We are not a party to any Moving Agreement. Rather, any Moving Agreement is solely between the User and their chosen Mover. As a result, we have no control over, and thus shall not be liable for, in any respect, the quality, safety, or legal aspects of the transactions that take place between you and any Movers. We do not prequalify or validate the claims or qualifications of Movers. We do not recommend or refer any specific Mover to Users. Instead, the User solely selects which Movers to receive Mover Quotes from. As such, a User’s decision to select a specific Mover and to enter into a Moving Agreement is made solely on their own behalf and not in any way related to their use of the Services, and you acknowledge and agree that we are not, in any way, arranging moving services on your behalf. Because we are not involved in the actual transaction between Users and Movers, we have no control over the accuracy of listings or the ability of Movers to transport items. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of Mover Services are not provided by us and are specifically and solely between you and the Mover. Further, you also acknowledge and agree that we: (a) are not responsible for examining or evaluating Mover Quotes; (b) do not warrant any Mover Quotes or offerings of the Movers (including any Third-Party Materials containing on the Mover’s website; and (c) do not assume, and expressly disclaim, responsibility and liability arising from or related to the Mover Quotes and Mover Services.
3. Access to the Site and Services. You agree that you can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Users. You acknowledge that you are at least eighteen (18) years of age and that you have reached the age of majority in the State or jurisdiction where you live or reside. If you are not yet eighteen (18) years old or have not reached the age of majority in the State or jurisdiction in which you live or reside, then you may not use our Services. You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your Internet connection comply with these Terms.
4. Intellectual Property Rights.
4.1 Rights We Reserve for Ourselves. We expressly and exclusively reserve for ourself any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof).
4.2 Rights You Grant Us.
(a) You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to us using the Services or submit or post to the Services and that is not otherwise defined as Feedback or Suggestions (each as defined below, and each of which is owned by us) (categorically, “User Content”). You are solely responsible for User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that we are not involved in the creation or development of User Content, disclaim any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. Further, you acknowledge and agree that we have no obligation to monitor or review User Content but reserve the right to limit or remove User Content if it is not compliant with these Terms.
(b) You hereby represent and warrant to us that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (iii) will not infringe on any third-party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (iv) will not violate any law, statute, ordinance, code, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (v) will not be defamatory, libelous, malicious, threatening, or harassing; (vi) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vii) will not contain any viruses, scripts such as Trojan horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) will not claim or suggest, in any way, that you are employed or directly engaged by or affiliated with us or otherwise purport to act as a representative or agent of ours; and (ix) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs) or other partners or suppliers.
(c) The Services host User Content relating to reviews and ratings of specific Movers (“Feedback”). Feedback is such User’s opinion and not our opinion and has not been verified or approved by us. You agree that we are not responsible or liable for any Feedback or other User Content. We encourage each User to give objective, constructive and honest Feedback about those with whom they have transacted. We are not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback, but may do so at our sole discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback.
(d) You agree that we will own all Feedback and you hereby assign to us all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and you hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
(e) We welcome your suggestions, comments, or other feedback about our Services (collectively, the “Suggestions”). You expressly acknowledge and agree that moveBuddha will own all Suggestions and you hereby assign to moveBuddha all right, title and interest to the Suggestions together with all associated Intellectual Property Rights. You will not be entitled to, and you hereby waive any claim for, acknowledgment or compensation based on any Suggestion or any modifications made based on any Suggestion.
4.3 Rights We Grant You. Subject to your full compliance with these Terms and any other usage policies that we may enact, from time to time, we grant you a personal, non-exclusive, revocable, worldwide, royalty-free, non-assignable, non-transferrable, and non-sublicensable license to access the Services for the sole purpose of accessing and using the information and services contained therein.
4.4 Copyright Policy.
(a) We honor copyright laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). We therefore take reasonable steps to expeditiously remove from our Services any infringing material of which we become aware. If we become aware that one of our Users has repeatedly infringed copyrights, we will take reasonable steps, within our power, to terminate the User’s access to the Services.
(b) We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it by filing a notice with our designated agent:
moveBuddha LLC
Attn: Copyright Agent
320 East Clayton Street, Suite 508,
Athens, Georgia 30601
e-mail: [email protected]
Note – Do not use this e-mail address for anything other than reporting copyright infringement, as such e-mails will be ignored.
(c) If you file a notice with our designated agent, the notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) (or any successor statute thereto). That means that such notice must:
(i) Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(ii) Identify the copyrighted work claimed to have been infringed;
(iii) Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
(iv) Provide your contact information, including your address, telephone number, and an e-mail address;
(v) Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
5. Prohibited Uses of the Services.
(a) You agree that you will not upload to, distribute, or otherwise publish through the Services any User Content or Feedback that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
(b) You agree not to access or use our Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You further agree that you are solely responsible for your conduct while accessing or using our Services, and you agree that you will not do any of the following in connection with our Services or its Users:
(i) Use our Services other than for its intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
(ii) Violate in any way any applicable Federal, State, local, or international law or regulation;
(iii) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(iv) Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
(v) Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Services;
(vi) Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
(vii) Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
(viii) Develop or use any applications that interact with our Services, without our prior written consent;
(ix) Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any illegal activity that violates these Terms;
(x) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(xi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
(xii) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
(xiii) Circumvent or attempt to circumvent any filtering, security measures or other features that we may, from time to time, adopt, to protect our Services, our Users or third-parties;
(xiv) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
(xv) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or Users of the Services or expose them to liability;
(c) This Section 5 does not create any private right of action on the part of any third-party or any reasonable expectation that our Services will not contain any information or content that is prohibited by such rules.
(d) We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion, for any reason or no reason. For example, we may remove or disable access to content (including any User Content) upon finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our Users.
6. Public Area; No Reliance of Information Posted.
6.1 Public Areas.
(a) The Services may contain profiles, e-mail systems, blogs, message boards, reviews, ratings, opportunity postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Services, you should not share your personal contact information with other Users.
(b) You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. We will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
6.2 Do Not Rely on Information Posted.
(a) The content of the Services is offered for general information purposes only. Some of the content is unmoderated and reflects the personal opinions of Users (including Feeback and User Content). You should be skeptical about any information on the Services because the information may be offensive, harmful, and/or wrong. Neither the content of the Services, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by us or any affiliated person or entity.
(b) We do not warrant the accuracy, completeness, or usefulness of the information on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
(c) The Services may include content provided by third-parties, including materials provided by other Users and third-parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
7. Termination; Survival. You may terminate your ongoing need to comply with these Terms, at any time, by ceasing all use of the Services. All parts of these Terms which, by their nature, should survive the expiration or earlier termination of the applicability of these Terms to our relationship shall continue in full force and effect subsequent to and notwithstanding the expiration or earlier termination of these Terms or your use of the Services.
8. Security. While we work to protect the security of our Services, we cannot guarantee that unauthorized third-parties will not be able to defeat the security measures of the Services. If you choose, or are provided with any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any breach of security of the Services of which you become aware.
9. Privacy Policy. Please refer to our Privacy Policy, as updated from time to time, located at: https://www.movebuddha.com/privacy-policy/, or such other URL as we may provide, from time to time, for information about how we collect, use, and share your information. By accessing, using and/or providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. Third-Party Websites or Resources. The Services may contain links (such as hyperlinks) to third-party websites (“Third-Party Websites”), including, but not limited to, Movers’ websites, or otherwise display, include, or make available content, data, information, services, applications, or materials from third-parties (“Third-Party Materials”). Such links do not constitute any endorsement by us or association with those Third-Party Websites, their content or their operators. Such Third-Party Websites (including, without limitation, external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. We do not control any such Third-Party Websites, and are not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-Party Websites. You acknowledge and agree that we are not involved in the creation or development of Third-Party Websites and disclaim any responsibility for Third-Party Websites, and thus shall not be liable for claims arising out of or relating to Third-Party Websites. Further, you acknowledge and agree that we have no obligation to monitor, review, or remove links to Third-Party Websites, but reserve the right to limit or remove links to Third-Party Websites on the Services, in our sole discretion. The use of any website controlled, owned or operated by a third-party is governed by the terms and conditions of use and privacy policies for those Third-Party Websites. Your access to such Third-Party Websites is at your own risk. We expressly disclaim any liability, and you hereby agree to hold us harmless from any liability, arising in connection with your use and/or viewing of any Third-Party Websites and Third-Party Materials associated with links or materials that may appear on the Services.
11. Our Information. As a result of the performance of these Terms and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third-party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section 11 shall survive the expiration or earlier termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to any recovery for damages that may be available at law.
12. Indemnity. You agree to indemnify, defend, and hold us harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms, your use of the Services, or your placement of any content onto the Services, whether User Content, Feedback, or otherwise, and to fully cooperate in our defense against any such claims.
13. DISCLAIMER OR WARRANTIES. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MOVEBUDDHA EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, MOVEBUDDHA MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR WHETHER THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MOVEBUDDHA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOVEBUDDHA WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON THE INFORMATION OR CONTENT CONTAINED ON OR GENERATE BY THE SERVICES. WHILE MOVEBUDDHA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MOVEBUDDHA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, INFORMATION, CONTENT, ANY THIRD-PARTY WEBSITE, ANY THIRD-PARTY MATERIALS, OR ANY OTHER INTERACTIONS YOU MAY HAVE WITH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION OR CONTENT THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM MOVEBUDDHA OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD MOVEBUDDHA RESPONSIBLE FOR ANY BREACH OF SECURITY.
14. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER MOVEBUDDHA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES; (III) DELAYS OR DISRUPTIONS TO THE SERVICES; (IV) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES OR THOSE OF ANY THIRD-PARTY WEBSITE, MATERIALS, SERVICES, OR TOOLS LINKED TO THE SERVICES; (V) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND ON THE SERVICES; OR (VI) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOVEBUDDHA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MOVEBUDDHA SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES. MOVEBUDDHA SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED THIRD-PARTY WEBSITES OR FOR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF MOVEBUDDHA SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL MOVEBUDDHA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MOVEBUDDHA.
15. Telephone Communications and Agreement to be Contacted.
(a) You acknowledge that by voluntarily providing your telephone number(s) to us via the Services, you expressly agree to receive calls (which may include prerecorded voice messages, and/or autodialed calls) or text messages from us or Movers related to your moving inquiries. As such, with respect to the Movers, you are providing us with your consent to share your telephone number, if you so provide it to us, with Movers. Further, you acknowledge that by voluntarily providing your e-mail address and/or mailing address to us via the Services, you expressly agree to receive e-mail and mail communication from us or Movers related to your moving inquiries. As such, with respect to the Movers, you are providing us with your consent to share your e-mail address and/or mailing address, if you so provide it to us, with Movers. Therefore, you agree that we may obtain and share with Movers, and you expressly agree to be contacted by us and Movers at, any phone number, e-mail address, or mailing address by you at any time via the Services or obtained by us through other lawful means, such as skip tracing, caller ID capture, or other means, except and unless you opt-out for receiving such future correspondence (see below).
(b) WE ARE NOT RESPONSIBLE FOR OR LIABLE FOR, IN ANY RESPECT, ANY E-MAILS, MAIL CORRESPONDENCE, PHONE CALLS, OR TEXT MESSAGES MADE OR SENT BY MOVERS. IT IS YOUR SOLE RESPONSIBILITY TO NOTIFY THE MOVER, OR OTHERWISE FOLLOW THE INSTRUCTIONS OF THE MOVER, IF YOU NO LONGER WANT TO RECEIVE PHONE, E-MAILS, MAIL, FROM THE MOVER.
(c) Your consent to receive phone calls (which may include prerecorded voice messages, and/or autodialed calls) and text messages from us is completely voluntary. You may opt-out at any time from receiving future correspondence from us. To opt-out of text messages from us, text STOP to any text message you receive. You may also text HELP for help or further assistance. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you may opt-out through our automated menu. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of automated calls or text messages, we reserve the right to make non-automated calls to you.
(d) There is no fee to receive automated telephone calls or text messages from us. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
€ You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) with respect to any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act, or its State law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
(f) You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive phone calls and text messages. Your obligations under this Section will survive the expiration or earlier termination of these Terms.
16. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
16.1 Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our support department at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
16.2 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration, as described below.
(a) Where the relief sought is ten thousand dollars ($10,000.00), or less, and you do not wish to bring the claim in small claims court, then the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise.
(b) Where the relief sought is $10,001.00, or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (i) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 1201 W Peachtree, NW, Suite 2650, Atlanta, Georgia 30309; and (c) send one (1) copy of the Demand for Arbitration to us at 735 Nantahala Avenue, Athens, Georgia 30601, ATTN: Legal Dept. You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(c) The arbitrator, and not any Federal, State, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of agreement under these Terms or the Privacy Policy, including, but not limited to, any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(d) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(e) If you are a resident of the United States of America, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the USA, arbitration shall be initiated in the State of Georgia, United States of America. The parties further agree to submit to the personal jurisdiction of any Federal or State court in Clarke County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
16.3 Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
16.4 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or Federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
16.5 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
16.6 Changes to this Section.
(a) We will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on our Services. Amendments will become effective thirty (30) days after they are posted on our Services.
(b) Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
16.7 Arbitration Agreement Survival. This arbitration agreement shall survive the expiration or earlier termination of your relationship with us.
17. Contact Us. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
18. Miscellaneous.
18.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Georgia (US), without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the Federal and State courts located in Athens, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.
18.2 No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
18.3 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.
18.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
18.5 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
18.6 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemicThese Terms of Use (these “Terms”), together with any documents that they expressly incorporate, govern the relationship and interaction between you ( “User”, “you”, or “your”) and moveBuddha LLC, together with its subsidiaries and affiliates (“moveBuddha”, “we”, “us” or “our”), and your use of our website located at https://moveBuddha.com/ (the “Site”), together with any associated services, features, functionality, or content (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Services. or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
18.7 No Third-Party Beneficiaries. These Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.
18.8 No Agency or Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
18.9 Equitable Relief. You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.
18.10 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
[End of Terms of Use]
