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Terms of Agreement

1. ACCEPTANCE OF TERMS

Thank you for joining Get Moving Supplies, LLC. Get Moving Supplies, LLC, referred to as “GMS”, provides its service to you subject to the following Terms of Service (“TOA”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOA at any time online. In addition, when using particular GMS owned or operated services, you and GMS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our DMCA Policy and Privacy Policy) are hereby incorporated by reference into these TOA.

  

2. LICENSE & FEES

GMS grants you a personal, non-transferable and non-exclusive right and license to your website. For so long as you are licensed to the website, without your prior written consent GMS will not grant a license to any other person for your specified city. You shall pay GMS a one time setup fee as agreed at signup, plus a monthly license fee, to be paid via the online payment merchant. Amount of membership payments to be agreed upon at signup and will continue at same rate until membership renewal time. You agree to automatic withdrawals of any fees due under these TOA. All terms commence from the date the customer has placed the order for the website.

CANCELLATION:
You can terminate the license to your website at any time by submitting in writing your request through our admin system (admin@getmovingsupplies.com). GMS can terminate your website license agreement upon 30 days notice for any reason, or immediately as provided in Section 15 of these TOA.

Due to the nature of the program being a non-tangible product and service no payments or partial payments for membership shall be refunded if cancellation is requested. It is the client’s responsibility to ensure membership is canceled before next re-occurring payment is due. Cancellation requests sent after 5PM on any given day will not be processed until the next business day. Please submit your cancellations accordingly. GMS sites are terminated on the same day billing agreement is canceled. Sites are not held active until end of billing cycle. If billing agreement is terminated, membership is terminated same day.
  

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your website license, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GMS has the right to suspend or terminate your account and refuse any and all current or future website licenses (or any portion thereof).


  
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws, including those regarding the transmission of technical data exported from the United States.


   
5. NO REDISTRIBUTION OF GMS INFORMATION

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any GMS information or the marketing plan.


   
6. MODIFICATIONS TO WEBSITES

GMS reserves the right at any time and from time to time to modify, temporarily or permanently, websites (or any part thereof) with or without notice. You agree that GMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


7. TERMINATION

 

You agree that GMS may, under certain circumstances and without prior notice, immediately terminate your license agreement, any associated email address, and access to GMS information. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOA or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the license agreement.

 

8. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GMS 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 presence of such advertisers on the Service.


9. GMS’S PROPRIETARY RIGHTS

You acknowledge and agree that your license agreement (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the agreement or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GMS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to (and will not allow any third party to) copy, modify, create a derivative work from, or otherwise transfer any right in the license agreement.

 

 

10. NONCOMPETE

You agree not to compete with GMS on your own behalf or as a partner, owner, agent, independent contractor, consultant, member or in any other capacity on behalf of any other person, firm or corporation, directly or indirectly, engage in any activity or business that provides software or services similar to  the businesses and services being provided to you hereunder from the date of your acceptance of this Service Agreement, proof  of acceptance will be by your access to any area of the software or support services, to and including the date 2 years from receipt of your cancelation under this Service Agreement worldwide, nor shall you, in any way, contact any customers of GMS hereunder during such period and within such geographic area. You agree any person, employee, agent, independent contractor, consultant or member who gains access to our services through your service agreement, will have the same noncompete effective between that person, employee, agent, independent contractor, consultant or member and GMS.

 

 

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR LICENSE AGREEMENT IS AT YOUR SOLE RISK. THE AGREEMENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.

 

b. GMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GMS OR THROUGH OR FROM THE LICENSE AGREEMENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOA.

 

 

12. LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

IN NO EVENT SHALL GMS’S LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNT PAID BY YOU TO GMS FOR THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.


13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

 

14. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOA, there shall be no third-party beneficiaries to this agreement.

 

15.  TRADEMARK INFORMATION

GMS, the GMS logo and other GMS trademarks and service marks are the “GMS Marks”. Without GMS’s prior written permission, you agree not to display or use in any manner the GMS Marks.

 

16. GENERAL INFORMATION

Entire Agreement. The TOA constitute the entire agreement between you and GMS and governs your use of the agreement, superseding any prior agreements between you and GMS with respect to the license agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GMS services, affiliate services, third-party content or third-party software. The TOA do not create an agency, independent contractor, employment or franchise relationship. The section titles in the TOA are for convenience only and have no legal or contractual effect.

Waiver and Severability of Terms. The failure of GMS to exercise or enforce any right or provision of the TOA shall not constitute a waiver of such right or provision. If any provision of the TOA 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 TOA remain in full force and effect.

Non-Transferability. You agree that your GMS account is non-transferable without written permission from GMS.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the license agreement or the TOA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Survival. Accrued payment obligations of these TOA shall survive expiration or termination of these TOA or your right to use the license agreement.

Email Policy
Email Spam. GMS has a zero stance policy on SPAM, Junk E-mail, or UBE. Spam, Junk-mail and UCE are defined as: the sending of unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from company network.

Definition of SPAM
All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this TOA as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing ยง 7702 et. al or "CAN-SPAM Act" applies to the definition of spam as used in this TOA.

 

Disclaimer:
Get Moving Supplies, LLC is solely an online moving box distributor. Get Moving Supplies, LLC is not a franchise and you are not a franchisee upon signing up. When you sign up with us, you are actually partnering with us to distribute boxes in your city. You are running your own business. You can run your business under your own name or under the Get Moving Supplies, LLC moniker. We help you promote and market your business with our in-house support team to help you become successful and help you sell more moving boxes online. We both make more money by helping each other. You may be required to have a business license for your city. Many cities still do not require a business license for solely online businesses. You can check with your local government to see if your city requires a license or not for you to run an online business.