- Parties and Purpose
MOVING COMPANY AGREES TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING USE OF FREEMOVINGPRICE.COM ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”).
As part of the Service, FREEMOVINGPRICE.COM will provide MOVING COMPANY with use of the Service, including a website link to the service, data transmission, access and storage. Use of, the Service shall be deemed to be agreement to abide by this Agreement including any materials available on the FREEMOVINGPRICE.COM website incorporated by reference herein. For reference, a Definitions section is included at the end of this Agreement.
- Privacy & Security; Disclosure
FREEMOVINGPRICE.COM reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, FREEMOVINGPRICE.COM occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. MOVING COMPANY agrees that FREEMOVINGPRICE.COM can disclose the fact that MOVING COMPANY is a customer of FREEMOVINGPRICE.COM.
MOVING COMPANY and FREEMOVINGPRICE.COM agree not to disclose to any third party the terms of this Agreement, including pricing, without the prior written consent of the other Party hereto, except to advisors, investors and others on a need-to-know basis under circumstances that reasonably ensure the confidentiality thereof, or to the extent required by law.
- License Grant & Restrictions
FREEMOVINGPRICE.COM hereby grants MOVING COMPANY a non-exclusive, non-transferable, right to use the Service, solely for its own business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to MOVING COMPANY are reserved by FREEMOVINGPRICE.COM and its licensors.
MOVING COMPANY shall not (i) license, sublicense, sell, resell, transfer, assign, distribute the Service or the Content in any way; (ii) copy any part of the Service, including but not limited to any source code or executable code, or the Content, modify or make derivative works based upon the Service or the Content; or (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
It is expressly acknowledged by the parties that FREEMOVINGPRICE.COM is an “independent contractor” with respect to MOVING COMPANY and nothing in this Agreement is intended or shall be construed to create any employer/employee relationship, partnership or joint venture between the parties. No employee or agent of either party may be deemed an employee or agent of the other party by reason of this Agreement. FREEMOVINGPRICE.COM shall be fully responsible for all tax liabilities arising from its status as an independent contractor. Each party shall notify the other and permit the other to participate in the resolution of any inquiry or audit relating to FREEMOVINGPRICE.COM’s status as an independent contractor.
- Account Information and Data
FREEMOVINGPRICE.COM does not own any data, information or material that MOVING COMPANY submits to the Service in the course of using the Service (“MOVING COMPANY Data”). MOVING COMPANY, not FREEMOVINGPRICE.COM, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all of its Data. In the event this Agreement is terminated (other than by reason of your breach), FREEMOVINGPRICE.COM will make available to MOVING COMPANY a file of its Data within 30 days of termination. FREEMOVINGPRICE.COM reserves the right to withhold MOVING COMPANY Data for non-payment breach. In the event such breach is resolved within 30 days, FREEMOVINGPRICE.COM will release all of MOVING COMPANY’s data to them.
- Intellectual Property Ownership
FREEMOVINGPRICE.COM alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Moving Software Application/Platform, the Content and the Service and any suggestions, ideas, inventions, enhancement requests, feedback, recommendations or other information provided by MOVING COMPANY or any other party relating to the Service. This Agreement is not a sale and does not convey to MOVING COMPANY any rights of ownership in or related to the Service, the Moving Software Platform or the Intellectual Property Rights owned by FREEMOVINGPRICE.COM. FREEMOVINGPRICE.COM’s name, logo(s), and product names associated with the Service are trademarks of FREEMOVINGPRICE.COM or third parties, and no right or license is granted to use them.