Site Content. By agreeing to these Terms, MCR grants you a limited license to access and use the Site for your personal use. Copyright and other intellectual property laws protect all of the information and content available on this Site (collectively, "Content"). The Content is owned by MCR and/or its licensors and suppliers (which may include consumers (including you as the case may be), moving companies, advertisers, agencies service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). You may interact with or download a single copy of any portion of the Content for your personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of MCR.
Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by MCR, Licensors and Suppliers, and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any permitted copies of the Content. The MCR name and the MCR logo are trademarks of HomeFinder.com, LLC.
Software. Please note that all software programming, including without limitation, all HTML and other code contained in this Site (collectively, "Software"), is owned by MCR and/or its Licensors and Suppliers and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any reproduction, redistribution, publication, display, or other unauthorized use of the Software without the express written consent of MCR is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
License. Although MCR does not claim ownership of any of the reviews, ratings, photos, communications, information, data, text or other materials you give us (collectively, the "Materials"), and unless otherwise agreed in a writing signed by MCR, by submitting any Materials to MCR or the Site, you hereby grant to MCR an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Materials and to prepare derivative works of the same or incorporate into other works, and to exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future, and the right to sublicense the foregoing rights through multiple tiers. You further grant to MCR and Affiliate a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials.
Submission of Moving Company Reviews. By submitting a review, and in addition to the other agreements, representations and warranties made herein, you acknowledge, agree and consent to the following:
- All of your reviews and ratings will be based upon your actual first-hand experiences with the parties you are reviewing.
- All of your reviews and ratings will be accurate, truthful and complete in all respects.
- You do not work for, own any interest in, or serve on the board of directors of, any of the parties for which you submit reviews and ratings.
- You do not work for, own any interest, in or serve on the board of directors of any competitors to the parties for which you submit reviews and ratings.
- You are not in any way related (by blood, adoption or marriage) to any of the parties for which you submit reviews or ratings and/or their principals.
- Your name and report information will be made available to the parties on which you report.
Special Prohibitions Applicable to Moving Company Reviews. Additionally, by submitting a review, and in addition to the other agreements, representations and warranties made herein, you further represent, warrant and agree you will not:
- Submit any Materials which are patently offensive, vulgar, defamatory, which display pornographic or sexually explicit material of any kind, or which may include content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity (including misrepresenting a relationship with MCR), or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating.
- Submit Materials that contain restricted or password only access pages, or hidden pages or images.
- Submit Materials which provide instructional information about illegal activities, which violate someone's privacy, or which create or facilitate the creation of computer viruses or other malware.
Copyrights and Copyright Agents. It is the policy of MCR to respond to claims of intellectual property infringement. MCR will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
a division of HomeFinder.com, LLC
Attn.: DMCA Notices
c/o: Chief Legal Officer
Classified Ventures, LLC
175 West Jackson, Suite 800
Chicago, Illinois 60604
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of 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 permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Interactive Areas. The Site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. MCR does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on the Forums or in consumer reviews. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold MCR responsible for any third party's use of information contained in such posting.
Registration. As a condition of any account registration with MCR, you agree to provide MCR with true, accurate, current and complete information as may be prompted by MCR's registration forms; and you further agree to update and maintain the truthfulness, accuracy and completeness of such information. MCR may assign you a user ID and a password in connection with registration. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password. By completing formal registration and creating an account with MCR, you may be asked to consent to receive autodialed and/or pre-recorded telemarketing calls (including, without limitation, SMS (text) messages) from or on behalf of MCR at the telephone number(s) (including your wireless number, if applicable); you understand that such consent is option and not a condition of purchase.
MCR Rights. Given the nature of the Site and the volume of reviews and other Content submitted, MCR cannot and does not monitor all Content or Materials posted or transmitted by you and/or other third-party providers via the Site. You expressly acknowledge and agree that MCR: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability, without notice to you and without providing a refund.
Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site:
- Engaging in activities or submitting Materials that could be harmful to minors.
- Engaging in activity or submitting Materials that harasses or advocates harassment of another person.
- Engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, without their consent.
- Engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users.
- Engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes.
- Using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site, or for any other unauthorized purpose.
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
- Decompiling, reverse engineering, or disassembling the Software or attempting to do so.
- Taking any action that imposes an unreasonable or disproportionately large load on the Site or MCR's hardware and software infrastructure or that of any of its Licensors or Suppliers.
- Attempting to gain unauthorized access to the Site, other user accounts, or other connected computer systems or networks.
- Taking any action which may violate any applicable local, state, national or international laws.
- Taking any action which might undermine the review and rating process, the Site, and/or MCR.
Disclaimer. MCR provides a platform for hosting user reviews and ratings on a variety of moving companies and related service providers based upon the actual first-hand experiences users have had. MCR also provides you with the opportunity to provide your own reviews and ratings on the service providers you use. MCR operates the Site as an online advertising and research service for consumers. MCR does not represent such parties, does not provide moving services to consumers, and is never a party to or otherwise involved in any transaction between consumers and moving companies or other parties. Consumer review information presented on this Site is provided by the reviewer and is not guaranteed or warranted to be accurate or complete and is subject to change without notice. Please verify all information. All Materials posted on, transmitted through, or linked through the Site, are the sole responsibility of the person from whom such Materials originated. MCR does not control, and is not responsible for Content or Service Provider Content made available through the Site. MCR has no obligation to screen, preview, monitor or approve any Materials. However, MCR reserves the right to review and delete any Materials which, in its sole judgment, violate these Terms. By using the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Materials and/or Content that you submit, receive, access, transmit or otherwise convey through and/or to MCR. Under no circumstances will MCR be liable in any way for any Materials or the Content or conduct of any third party, including, but not limited to, any moving company. The reviews and ratings that you and/or other consumers provide do not reflect the views of MCR, its officers, managers, owners, employees, agents, designees or other users. In addition, MCR retains the right, in its sole discretion, to determine whether or not your use of the Site is consistent with these Terms. MCR may suspend, restrict or terminate your use of the Site and to refuse any future use of all or portions of the Site if your use breaches or fails to comply with any of these Terms.
Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials do not and shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of a third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, or cause injury to any person, and (e) your use of the Site shall not violate any agreements between you and a third party.
Indemnification. You agree to indemnify and hold MCR and its Licensors and Suppliers, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide, (b) your use of the Site or your reliance on the Content, (c) your breach of these Terms (including, without limitation, your breach of any representation, warranty and/or agreement contained herein), or (d) any actual, prospective, completed, or terminated purchase, sale or other transaction (including, without limitation, the engagement of any service provider with regard to any moving transaction) between you and a third party.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND MCR AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. MCR AND ITS THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE. ALL CONSUMER REVIEW INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD PARTIES. MCR CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, THE PHRASE "LICENSORS AND SUPPLIERS" DOES NOT INCLUDE YOU.
Limitation of Liability. MCR AND ITS LICENSORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: (a) YOUR USE OR INABILITY TO USE THE SITE; (b) ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; (c) ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; OR (d) COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF MCR AND/OR ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR ONE-HUNDRED DOLLARS ($100). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, THE PHRASE "LICENSORS AND SUPPLIERS" DOES NOT INCLUDE YOU.
Termination of Service. You understand and agree that in MCR's sole discretion, and without prior notice, your access to this Site or any portion thereof may be terminated, and MCR may exercise any other remedy available if MCR believes that your use of the Site and/or any Materials you provided violate: (i) these Terms, (ii) the rights of MCR, any third party, or any user of the Site, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy to MCR for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that MCR post a bond. MCR is not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof.
Governing Law; Visitors Residing Outside the United States. These Terms are subject to the laws of Illinois, without regard to its conflict of law principles. MCR makes no representation that these Terms, the Site, and/or MCR’s services comply with the laws of any country outside the United States.
Changes to these Terms. Any changes to these Terms will be posted on the Site in this location and these Terms will be identified as "Last updated on __________, 20__". Your continued use of the Site after such notice constitutes acceptance of such changes without modification. It is your responsibility to check back and review this location regularly to ensure that you are familiar with the most current Terms. Should you object to any such changes to these Terms, your only option is to discontinue use of the Site.
Contact Us. If you have any questions about these Terms, please contact us at support@movingcompanyreviews.
© 2013 MovingCompanyReviews.com, a division of HomeFinder.com, LLC | 20 North Wacker Drive | Chicago, IL 60606
Last updated on February 7, 2013