Local & Long Distance Moving. Flexible Quote Packages.
Fill out form. Tell us more about you and your move so we can start building your free quote.
We will identify your moving needs and offer you a guaranteed price.
Don't stress about the details. Our pros will make sure your move is safe and secure. We’ll assign a personal Move Coordinator to manage your move and keep you updated regularly so your move is worry free!
If you're planning a move but new residence isn't quite ready, you may need temporary storage. Your belongings can be stored in a secure storage facility as part of the moving process and then moved into your new space when you're ready. Some movers will offer the first 30 days free, but additional time can be added if needed.
Homeowners and renters policies provide coverage for your belongings while your personal property is at your residence but will not pay for any damage done to personal property while in transit. Most moving companies have basic carrier liability. This means that you may not receive an adequate payout for damaged items. Having additional moving insurance can protect the true value of your items if an unforeseeable mishap arises.
Effective Date: 12/26/2019
Move Happy (“Company” “we” or “our”) is committed to advising you of the right to your privacy and strives to provide a safe and secure user experience. This Privacy Policy explains how we collect, store and use personal information provided by you on our Website. By accessing and using our Website, you explicitly accept, without limitation or qualification, the collection, use and transfer of the personal information provided by you in the manner described in this Privacy Policy. Please read this Policy carefully, as it affects your rights and our liabilities under the law. If you disagree with the way we collect and process personal information, please do not use our Website.
1.1 We collect general types of information about you when you visit and use our Website; examples include personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information:
1.1.1. Personal Information. Is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), mobile numbers and email address, credit card number(s), bank account(s), employment status or self-employment or other unique information about you which you provide to us during the registration process, or through the course of communicating with us about the products and services provided on our Website. We may collect this same information about all other persons when you provide it to us.
1.1.2. Demographic Information. Is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education, marital status, occupation, military service, industry of employment, personal and online interests. When we can identify you personally through the use of this information, it becomes Personal Information.
1.1.3. Behavioral Information. Is information which is automatically collected when you use our Website. This information includes the areas of our Website that you visit, what services you access or ordered, information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited. When we can identify you personally through the use of this information, it becomes Personal Information.
1.1.4. Third-Party Information. Is information about you that we acquire from a third-party which may include personal, demographic, behavioral and indirect information. This collection may also include, but not limited to, first party cookies, third-party cookies, anonymous cookies, persistent identifiers, email opt-in records and search engine keywords. We may also receive information third-parties derive from government entities which publicly post your information, such as your DMV records. We have no access or control over these cookies and other tracking devices used by third-parties including advertisers and networks, internet service providers, data analytics providers or social networks and platforms. We have no responsibility or liability for the policies and practices of these parties. When we can identify you personally through the use of this information, it becomes Personal Information.
1.1.5. Web Technology Information. Is information we automatically collect from you when you visit our Website. This includes internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is collected from the use of cookies, Web beacons or JavaScript.
1.1.6. No Information Collected from Children. We will never knowingly collect any Personal Information from children under the age of 16. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 16, that information will be immediately deleted from its database. Because it does not collect such information, we have no such information to use or to disclose to third-parties.
1.1.7. No Sensitive Health Information is Collected. We do not collect information about past, present or potential future medical conditions or treatments. Nor do we collect any biometric information.
1.1.8. Credit Card Information and Bank Account Information. We may, in certain instances, collect credit card number(s), bank account information and related information, when you place an order on our Website. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for purposes of processing and completing the transaction you requested through a third-party processor. As such, information will be disclosed to third-parties as necessary to complete the requested purchase transaction.
2.1 Generally, we as well as third-party vendors, networks, ISP(s) and supporting advertisers use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track users’ movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis. California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
2.1.1. Cookies. “Cookies” are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our Website. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. When you visit this website again, cookies allow us to remember your settings and may be used for authentication. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our Website, and deliver specific content to you based on your past viewing history. You can disable cookies, although our Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com/faq/
2.1.2. Third-Party Cookies. We allow third-party vendors and advertisers to set their own cookies on and through our Website. We have no control over the practices of those third-parties and are not responsible for their technology or tracking. We encourage you to review the policies of such persons or entities on their websites. We use various ad services provided by Google that connects the activity on our Website with their advertising network and they may use cookies that collects information regarding certain patterns in your browsing history. To opt-out of this tracking, please see https://support.google.com/ads/answer/2662922?hl=en. We also participate in all of Google’s Analytics Advertising. This includes: (i) Remarketing with Google Analytics; (ii) Google Display Network Impression Reporting; (iii) Google controlled Campaign Manager integration; and (iv) Google Analytics Demographics and Interest Reporting. Google uses cookies to track activity performed by Google Analytics and its AdWords or DoubleClick cookie. To opt-out please see https://tools.google.com/dlpage/gaoptout/. We also use Google Analytics which is an analysis service. Google utilizes the data collected through its cookies to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. You may opt-out of the Google Analytics service using Google’s Browser Add-on here https://tools.google.com/dlpage/gaoptout/.
2.1.3. Social Media Cookies. Our Website includes third-party social media features. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third-party or hosted directly on our Website. Your interactions with these features are governed by the Privacy Policy of the company providing it.
2.2 Web Beacons. We use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our Website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web Beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web Beacon resides. We may also use Web beacons in email messages sent to you. This allows us to determine if you opened or acted upon the email message. Because Web beacons are the same as any other content request, you cannot opt-out or refuse them. However, they can be rendered ineffective by either opting-out of cookies or changing the cookie setup in your browser.
2.3 JavaScript. We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our Website’s functions. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our Website.
3.1 Providing Services and Products. We use the information we gather on our Website to provide you with the services and or products you have requested. This may include passing your information on to a third-party to provide such services or products. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third-parties. If you have any questions or wish to remove your information from the third-party databases, you will need to contact that party directly.
3.2 Improving Our Website. We use the information we gather to respond to any inquiries you make, operate and improve the functionality of our Website, and deliver the products and services advertised on our Website. We use the same for testing, research, analysis and product or marketing development. Our services include the display of personalized products, content, and advertising, relating to your experience and interests. This includes maintaining and improving the safety, security and integrity of our Website, databases and technology assets.
3.3 Promotions and Communications with You. We also use the information we gather to promote our and third-party services and products to you that might be of interest to you. We also use the information we have gathered to respond to your inquiries, concerns or requests. If your request is made through a third-party, we may use the information to respond to their requests.
4.1 We will share your Personal Information with third-parties and service providers as described in this Privacy Policy
4.1.1. Product and Service Delivery. We share all categories of information set out in this policy with third-parties who help us in the delivery of the products and services you have requested.
4.1.2. Website Functionality. We share all categories of information set out in this policy with third-parties we employ to perform technical functions on our behalf. Examples include third-parties who host our Website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service as set forth above.
4.1.3. Third-Party Products and Services. We share all categories of information set out in this policy with third parties including affiliated entities, service providers, and data aggregators with your information with third parties who will provide you with their opportunities, products or services. Again, this includes your personal and non-personal information, and includes your interests and preferences, so they may determine whether you might be interested in their products or services.
4.1.4. Anonymized information. We share aggregated anonymous information about you, combined with other persons using our Website with third-parties, so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website and promotion of our marketing. This includes demographic information and behavioral information.
4.1.5. Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
4.1.6. Acquisition or Merger. We may disclose and transfer your information to a third-party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
5.1 Third-parties collect and use information about you on or through our Website in the following way:
5.1.1. Advertisers. Advertising agencies, advertising networks, and other companies who place ads on our Website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
5.1.2. Hyperlinks. Our Website and email messages sometimes contain hypertext links to websites owned by third-parties. We are not responsible for the privacy practices or the content of such other websites. These links are provided for your convenience and reference only. We do not operate or control any information, software, products or services, available on these third-party websites. The inclusion of a link on our Website does not imply any endorsement of the services, products or website, or its sponsoring organization.
5.1.3. Analytics. As described above, we use third-parties to monitor, analyze and report on the traffic to, from and within our Website and email messages.
6.1 We endeavor to safeguard and protect your information. When you submit information on our Website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software ("SSL") to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
7.1 We reserve the right to make material changes to the substance of this Privacy Policy. We will post those changes through a prominent notice on the website, so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.
8.1 Right to Know About Personal Information Collected, Disclosed, or Sold
8.1.1. You have the right to request that we advise you what Personal Information we collect, use, disclose, and sell that belongs to you. Personal Information does not include: (a) Publicly available information from government records; (b) De-identified or aggregated consumer information; (c) Information excluded from the CCPA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (d) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”), California Financial Information Privacy Act (“FIPA”), or the Driver’s Privacy Protection Act of 1994 (“DPPA”).
8.1.2. You may submit a verifiable consumer request to obtain the specific Personal Information we have collected about you either through our California Resident Portal form or you may email us at privacyofficer@consumerdataprotect.com.
8.1.3. Upon receiving your information, we are required to verify that you are the same consumer with whom we have the information in our systems. To verify your identify, we will require that you fill out the portal form in its entirety which includes your name, address, email address and may include the last four digits of your social security number, your bank account number and other Personal Information we have collected.
8.1.4. As set forth in our primary Privacy Policy, we collect several types of information about you when you visit and use our Website; examples include Personal Information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
8.1.5. Personal Information has been collected from the following categories of sources:
8.1.6. We have disclosed, shared and/or received compensation for our disclosure of Personal Information for the following commercial/business purposes in the preceding 12 months:
a. To obtain the services or products you have registered for on our Website.
b. To allow a third-party to market their products or services to you
c. To provide you with information, products or services that you request from us or resolve consumer concerns or request to opt-out of marketing.
d. To provide you with notices concerning our products or services, or events or news, that may be of interest to you.
e. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
f. To improve our website, products and services, and present its contents to you including testing, research, analysis and product development.
g. To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
h. To maintain the safety, security, and integrity of our Website, platforms as well as products and services, databases and other technology assets, and business.
i. To respond to government or law enforcement requests and as required by applicable law, court order, or governmental regulations.
j. To evaluate or conduct a merger, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our business or assets.
k. As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
8.1.7. We have disclosed Personal Information to our Service Providers and the following categories of third parties:
a. Our affiliated entities.
b. Data aggregators.
c. Advertisers.
d. Ad Networks.
e. Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we and/or third parties provide to you.
8.1.8. We do not collect, distribute, share or sell the Personal Information of anyone under the age of 16.
8.2 Right to Request Deletion of Personal Information
8.2.1. You have a right to request the deletion of your Personal Information if we have collected or maintained it in the past 12 months.
8.2.2. You may submit a verifiable consumer request to delete your information using our California Consumer Portal and fully fill out the request form or contact us by email at privacyofficer@consumerdataprotect.com
8.2.3. Once we receive and confirm your verifiable consumer request, we will disclose to you the following:
8.2.4. This policy has disclosed our business or commercial purpose for collecting or selling that Personal Information and the categories of third parties with whom we shared that Personal Information.
8.3 Right to Opt-Out of the Sale of Personal Information. You have the right to opt-out of any sale of your Personal Information by us. If you are requesting a product or service, this is an exemption from this right, and we will process your request. However, you have the right to cease all further sale of your Personal Information.
8.4 Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights. You have a right not to receive discriminatory treatment by us for the exercise of these privacy rights conferred by the CCPA. As such, we will not deny you goods or services, charge you different prices or rates for goods or services, or deny you discounts or other benefits; nor will we provide you a different level or quality of goods or services or recommend a different level or quality of goods or services.
8.5 Authorized Agent. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.
8.6 Contact Us. Contact us for more information or with any questions either through our California Consumer Portal or by email at privacyofficer@consumerdataprotect.com
8.7 Limitations on Requests. You may only make a verifiable consumer request for access twice within a twelve (12) month period. The verifiable consumer request must: (a) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or your authorized agent; (b) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to you; (c) We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you; (d) Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
8.8 Response Time and Response Format. We make every effort to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons why we cannot comply with a request, if applicable. We will provide our response in a manner that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance to you.
8.9 Changes to California Resident Privacy Notice. We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will enforce the terms of the new policy going forward. You will receive no other notice than an updated posting on this page. Please check back each time you use or visit our Website.
10.1. Unfortunately, we are not in a position to accept clients who are not U.S. Citizens. The CASL and GDPR regulations, in particular, provide certain rights to their citizens which are not the same as the United States. For this reason, we do not accept referrals from any citizen outside the United States. Our services are specifically designed for United States citizens. We have expunged all European Union Member and Canadian Citizens data to the extent we have been made aware of the same. If you are a European Union Member, Canadian or any country outside of the United States citizen, please notify us at privacyofficer@imovehappy.com and we will remove and destroy your Personal Information. We apologize for the inconvenience.
If you have any questions or comments about this Privacy Statement, please do not hesitate to contact us at: privacyofficer@imovehappy.com
Revised Posting Date: June 3rd, 2019
Welcome to quote.imovehappy.com (“Company” "we," "us," or "our"). This Agreement describes the terms and conditions which govern your use of our Website and the products and services provided through or in connection to our Website (collectively, "Service"), which may be updated by us from time to time. Any changes in this Agreement will be enforced from the date of the revision or change forward without further notice to you. You must read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Services. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service. Our Service is controlled and offered by us from our facility in the United States of America. We make no representations that our Service is appropriate or available for use in other jurisdictions. If you access or use our Service from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
This Agreement contains an agreement to arbitrate all claims, restrict class action participation and disclaimers of warranties and liability
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES ON OUR WEBSITE OR PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION INCLUDING, WITHOUT LIMITATION, YOUR ABILITY TO VISIT, USE OR SUBMIT INFORMATION TO ACQUIRE OUR SERVICES AND THOSE OF OUR SERVICE PROVIDERS AND NETWORKS WHO REQUEST ONLINE MARKETING FROM US
Our Company is committed to making your website experience a positive one. We provide a referral service, referring you to prospective third party providers, or their agents or subcontractors, of the services you are seeking (collectively "Service Providers"). Our goal is to help you find the right Service Providers for your needs. To use our service, you must complete the referral registration form accurately and completely. This includes your name, address, telephone number Please note that you must be 18 years of age to use our services.
Once you submit the referral registration form, we share that form with Service Providers and notify them of the type of service you are seeking and the time frame in which you wish to have the service. By submitting your registration, you agree that you are requesting a referral from each of the Service Providers with whom we share your registration. As such, you are expressly requesting the Service Providers with whom your registration is provided to contact you by email, telephone and direct mail so that they may assist you in obtaining the service requested. They may also provide information to you about additional services and products.
Please note that we do not represent or imply that any service category available on this site contains a complete or comprehensive list or choice of all service providers that can provide service to you at your particular address. This website may exclude certain service providers that have not agreed to participate on this website. Accordingly, there may be service providers that can provide you with service at your particular address that do not appear on this website and are not listed as a choice for you to select under a particular service category contained on this website and to whom we do not make referrals. You are in no way obligated to use this site or to choose any particular Service Provider that appears on this website.
If a Service Provider accepts you as a client, you will receive one or more of the following: call/IVR/pre-recorded message; email; and/or SMS/text message by that Service Provider. Or you may be redirected to the Service Provider’s website. You understand and agree that, once you have been contacted by a particular Service Provider through one or more of the means listed in this paragraph, we have no further involvement in the service. All of your interactions or communications with the provider is subject to their policies and terms. For questions or concerns regarding your services, you may contact the provider directly.
Please remember that we are not a service provider and do not make decisions in connection with our Service Providers’ services. We do not guarantee any availability, rates, fees, or any other terms offered by the Service Provider nor do we represent or guarantee that this is the best service for you or available in the marketplace. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided or by any technical problems in our system.
We do not expressly or impliedly endorse or recommend the Services of any particular Service Provider. We are not an agent of you or any Service Provider. We have no knowledge of or responsibility for the Service Provider’s use and/or review of the registration information you submitted or in making a determination about whether you meet any particular qualification criteria of a Service Provider. The Service Provider is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with the Services you retain from the Service Provider.
We reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system or our Service Provider’s system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Service posted at the time you register on our Website will govern our relationship for that registration and referral request.
3.1 GDPR Compliance. Unfortunately, we are not in a position to accept clients under the GDPR regulations at this time. For this reason, we do not accept referrals from European Union Member Citizens. We are continuing our efforts to ensure we will be able to comply with these important data restrictions in the near future. We have expunged all European Union Member Citizens data to the extent we have been made aware of the same. If you are a European Union Member Citizen, please notify us at admin@imovehappy.com and we will remove and destroy your Personal Information as well. We apologize for the inconvenience.
By Registering on our Website, you are giving your consent to receive promotions or newsletters from us. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us you may also email us at admin@imovehappy.com.
Our Website contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Website content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify our Website content, to defeat or circumvent our security features, or to utilize our Website for other than its intended purposes is strictly prohibited.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or our Services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or website content.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR WEBSITE MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use our Website and or Website Content, any information provided to you through our Website, or any violation of this Agreement by you.
Your correspondence or business dealings with any Service Provider or other third parties as a result of your use of our Website or participation in our Service, including, but not limited to, any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the referral of such third party on our Website.
10.1 Individual Service Disclaimers. Some of our providers have their own specific disclaimers and those are listed here:
Internet Products. All prices, fees, charges, packages, programming, features, functionality and offers subject to change without notice. Speeds vary and are not guaranteed.
TV Services. All prices, fees, charges, packages, programming, features, functionality and offers subject to change without notice.
Home Security. All prices, fees, charges, packages, programming, features, functionality and offers subject to change without notice.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any service or product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 11 of this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
The failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and us and governs your use of the Website and Service, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
When you visit our Website, use our Services or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.