The moveBuddha website (the "Site") located at http://www.movebuddha.com is operated by moveBuddha, LLC ("moveBuddha"). The terms "moveBuddha," "we," "us," and "our" refer to moveBuddha and its affiliates. The terms "you," "your," and "yours" refer to the user utilizing the Site and/or the Service.
Acceptance of Terms
By accessing or using any part of the moveBuddha website or the services provided on it or other Web sites as set forth below (collectively, the "Services"), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by moveBuddha from time-to-time without notice to you (the "Terms of Service"). These Terms of Service constitute a binding contract between moveBuddha and you. You are responsible for regularly reviewing the Terms of Service. You can review the most current version of the Terms of Service at any time at: Terms of Service. If you do not wish to be bound by these Terms of Service, please do not access or use any part of the moveBuddha website.
Additional terms may govern use of certain Web sites or Web pages within the moveBuddha website. In the event that any provision, term or guideline contained on a particular Web site or Web page in the moveBuddha website conflicts with the Terms of Service, the terms of such Web site or Web page shall control over the Terms of Service except with respect to the General Terms set forth below, which shall at all times control.
General Use of The moveBuddha Website
Unless specified otherwise, moveBuddha offers you access to the moveBuddha website solely for your personal and non-commercial uses. You agree to only access or use the moveBuddha website only for legal purposes that are permitted by the Terms of Service.
Among other things, you agree not to:
- except with the express written permission of moveBuddha, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the moveBuddha website, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the moveBuddha website or interfere with any other party’s use and enjoyment of the moveBuddha website;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by moveBuddha through the moveBuddha website. Except with the express written permission of moveBuddha, you agree that you will not access or attempt to access password protected, secure or non-public areas of the moveBuddha website.
Except with the express written permission of moveBuddha, you agree that you will not create links from any Web site or Web page to any page within the moveBuddha website; provided however upon prior written notice to moveBuddha at Webmaster@moveBuddha.com, you may create a link directly to any of the moveBuddha website home pages, including, but not limited to pages currently located at http://www.movebuddha.com/. The origin of any link to any moveBuddha website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the moveBuddha website home page. By creating a link to the moveBuddha website, you agree that (a) you will not employ any technology that results in the placement of content from the moveBuddha website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the moveBuddha website from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the moveBuddha website. moveBuddha reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that moveBuddha so requests.
You agree that moveBuddha may in its sole discretion and at any time terminate your access to and use of the moveBuddha website, or any part thereof, with or without notice. You further agree that use of the moveBuddha website and any of its Services shall be immediately terminated if you violate these Terms of Service. In addition, moveBuddha reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
The Services provided through the moveBuddha website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by moveBuddha to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, moveBuddha does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release moveBuddha from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
You acknowledge that moveBuddha is not a moving company, moving broker, freight forwarder or provide any services other than connecting customers with moving resources.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the moveBuddha Website
The moveBuddha website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the moveBuddha website (collectively, "Content") is owned by moveBuddha and/or third parties with all rights reserved unless otherwise noted.. moveBuddha grants you a limited license to access and use the moveBuddha website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the moveBuddha website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the moveBuddha website or Content, except with express written consent of moveBuddha. You understand that all third party Content posted on, transmitted through, or linked from the moveBuddha website, is the sole responsibility of the third party originator of such Content. Content is provided through the moveBuddha website AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall moveBuddha be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that moveBuddha does not screen or approve third-party Content, and that moveBuddha shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the moveBuddha website, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, "Transmit" or "Transmitting" as appropriate) Content on or through the moveBuddha website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the moveBuddha website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to moveBuddha as provided below.
Your promise that you will not use the moveBuddha website to:
Transmit any content:
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the moveBuddha website, you grant, and you represent and warrant that you have the right to grant, to moveBuddha an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the moveBuddha website, you grant moveBuddha all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the moveBuddha website by any party for any purpose.
This Terms of Service is governed by the laws of the State of Georgia, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Georgia, Fulton County and/or Central District of Georgia in all disputes arising out of or relating to accessing or using of the moveBuddha website. Access or use of the moveBuddha website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and moveBuddha as a result of the Terms of Service or accessing or using the moveBuddha website. moveBuddha’s performance under the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of moveBuddha’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the moveBuddha website or information provided to or gathered by moveBuddha with respect to such use.
Interpretation of the Terms of Service
If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and moveBuddha), the Terms of Service constitutes the entire agreement between you and moveBuddha with respect to the moveBuddha website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and moveBuddha with respect to the moveBuddha website. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE moveBuddha website, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. moveBuddha MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE moveBuddha website, SERVICES AND/OR CONTENT. moveBuddha EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO INDEMNIFY AND HOLD moveBuddha, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE moveBuddha website AND/OR moveBuddha AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE Terms of Service.
Limitation of Liability
IN NO EVENT SHALL moveBuddha BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE moveBuddha website, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE moveBuddha website OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE moveBuddha website, OR OTHERWISE ARISING OUT OF THE USE OF THE moveBuddha website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF moveBuddha HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE moveBuddha website, AND ALL OTHER USE OF THE moveBuddha website, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE moveBuddha website, OR WITH ANY OF THESE Terms of Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE moveBuddha website.
All materials on the moveBuddha website (as well as the organization and layout of the moveBuddha website) are owned and copyrighted or licensed by moveBuddha, its corporate affiliates or its third-party vendors. moveBuddha, Inc. 2012, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the moveBuddha website is permitted without the written permission of moveBuddha. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to moveBuddha’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.