TERMS OF SERVICE

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE MATERIALS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE MATERIALS. YOUR CONTINUED USE OF THE MATERIALS INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND BAY AREA MOVERS.COM, INC.

The web site at http://www.Bay Area Movers.co is owned and operated by Bay Area Movers (“Bay Area Movers”). BAY AREA MOVERS reserves sole discretion in revising these terms and conditions from time to time by updating this page. Use of the information, services and products offered on the BAY AREA MOVERS web site is expressly conditioned upon acceptance of this agreement.

By continuing to access the web site at https://BayAreaMovers.co (“BAY AREA MOVERS Site”), you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you agree to the most recent terms and conditions posted on this page.

BAY AREA MOVERS grants you a non-exclusive, non-transferable, limited right to access, use and display the materials available on the BAY AREA MOVERS Site (“Materials”). In exchange, you agree that BAY AREA MOVERS has only limited liability for damages you may incur as a result of visiting the BAY AREA MOVERS Site. You may use the Materials only in accordance with the terms and conditions set forth herein. You may not remove any proprietary notices from the Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from BAY AREA MOVERS. This license does not grant you any rights to any software enhancements or updates of any kind. All Materials included at this web site are for the private use by visitors only. BAY AREA MOVERS intends no other uses and any other use is strictly prohibited. BAY AREA MOVERS licenses content and the license does not extend to any other use than private viewing.

BAY AREA MOVERS retains the right to refuse to provide its services to any site or user that seeks to or does: victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; contain nudity, violence, offensive subject matter or a link to an adult website; use 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; constitute, encourage or provide instructions for a criminal offense, violate the rights of any person (including without limitation rights of privacy and publicity), or otherwise create liability or violate any local, state, national or international law; use content the user or site does not have a right to access under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or use content that is, in BAY AREA MOVERS’s sole judgment, objectionable, or which may expose BAY AREA MOVERS, its officers, directors, agents, users or members to any harm or liability of any kind.

You agree to indemnify and hold BAY AREA MOVERS, its officers, directors, members, affiliates, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth within.

You agree that BAY AREA MOVERS does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by BAY AREA MOVERS. You agree that access and use of BAY AREA MOVERS Site and the Materials is at your own risk and that you will be solely responsible for information transmitted. Neither BAY AREA MOVERS nor any other party involved in providing the BAY AREA MOVERS Site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of any access, use or inability to use the BAY AREA MOVERS Site, or any errors or omissions in the content found therein, whether alone, or with or under the authority of, any other person, including, without limitation, any governmental agency or agencies. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, BAY AREA MOVERS’s total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. You agree to indemnify and hold harmless BAY AREA MOVERS, its directors, officers, employees and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, loss of revenue, loss of property, fines, and/or attorneys’ fees and costs, including, without limitation, damages resulting from government prosecution, seizure, forfeiture, and/or injunction. BAY AREA MOVERS is not responsible for any damages, including damages that result from, but are not limited to, negligence.

BAY AREA MOVERS will use reasonable efforts to include only accurate and up to date information on this web site, but it makes no warranties or representations about accuracy. Neither BAY AREA MOVERS nor any of its agents makes any warranties, express or implied, about results obtained from use of any information found on this web site. You agree that BAY AREA MOVERS does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by BAY AREA MOVERS. Neither BAY AREA MOVERS nor any of its online service providers shall have any liability for the actions of advertisers, partners or users of the site, or for the contents of any advertisements, or for assertions or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

BAY AREA MOVERS offers no assurance of uninterrupted or error free service. BAY AREA MOVERS does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this web site. BAY AREA MOVERS may change any of the information found at this site at any time without notice. BAY AREA MOVERS makes no commitment to update the information found at this site. BAY AREA MOVERS may provide you with notices by email or postings on the BAY AREA MOVERS Site.

You acknowledge and agree that all Materials contained at this web site are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the Materials available at this web site only as authorized by BAY AREA MOVERS. Further, you agree that any text, images, or other files that you upload or otherwise provide to the BAY AREA MOVERS Site become validly licensed to BAY AREA MOVERS.

Interpretation and enforcement of this agreement shall be governed by the laws of the State of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to personal jurisdiction in the federal and state courts of Santa Cruz County, California, for any action arising out of or relating to your use of the BAY AREA MOVERS Site. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys’ fees.

In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

You agree to use the BAY AREA MOVERS Site services and Materials in a manner consistent with any and all applicable laws and regulations.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained therein without the prior expressed written permission of BAY AREA MOVERS. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the BAY AREA MOVERS Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BAY AREA MOVERS Site.

Users are prohibited from violating or attempting to violate the security of the BAY AREA MOVERS Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which such user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the BAY AREA MOVERS Site or its services, including, without limitation, via means of submitting a worm, viruses or other harmful, disruptive or destructive files, code or programs to the BAY AREA MOVERS Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) any unauthorized “reverse engineering” of the BAY AREA MOVERS application by any means.

Violations of security of the BAY AREA MOVERS Site may result in civil or criminal liability. BAY AREA MOVERS may investigate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the BAY AREA MOVERS Site or any activity being conducted on or via the BAY AREA MOVERS Site.
You agree that any communication or material transmitted to BAY AREA MOVERS via this web site or Internet email is not confidential and that your communications may be read or intercepted by others. Communication or material sent to BAY AREA MOVERS or its agents may be used in any manner BAY AREA MOVERS sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.

When requested, BAY AREA MOVERS will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the web site, use of the web site, or access to the web site.

You agree that BAY AREA MOVERS may, without prior notice, immediately terminate your BAY AREA MOVERS account, any associated email address, and access to the web site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this agreement, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the web site (or any part thereof), (e) unexpected technical or security issues or problems, (F) inappropriate content uploaded from your account, and (g) extended periods of inactivity. Termination of your BAY AREA MOVERS account includes (a) removal of access to all offerings within the web site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and/or (c) barring further use of the web site. Further, you agree that all terminations for cause shall be made in BAY AREA MOVERS’s sole discretion and that BAY AREA MOVERS shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the web site. If BAY AREA MOVERS terminates this agreement for your breach or violation of any provision of this Terms of Use agreement, you agree to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. BAY AREA MOVERS reserves all other rights coincident or related to this site, including the right to payments owed. Violations of these terms of use shall result in liquidated damages of Ten Thousand Dollars ($10,000) per violation, as breach of this contract.

The failure of BAY AREA MOVERS to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this 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 this agreement remain in full force and effect.

By sending information, you grant BAY AREA MOVERS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit, and that use of the content will not cause injury to any person or entity. You agree to indemnify and hold harmless BAY AREA MOVERS and all its agents for any liability arising from your submitted information.

Bay Area Movers is a trademark and may be used publicly only with express written permission. Other trademarks and service marks featured on the BAY AREA MOVERS Site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

Materials on this web site are protected by copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of this web site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of BAY AREA MOVERS or other appropriate copyright owner. Except as expressly stated in this agreement, BAY AREA MOVERS does not grant any express or implied right for any of its trademarks, service marks, copyrights or other proprietary information.

This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of BAY AREA MOVERS, and BAY AREA MOVERS is not responsible for the contents of any linked site or any link contained in a link site. BAY AREA MOVERS is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by BAY AREA MOVERS of any linked site.

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through BAY AREA MOVERS, 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 third party. You agree that BAY AREA MOVERS 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 third party names on the BAY AREA MOVERS web site.

This agreement represents the entire agreement between you and BAY AREA MOVERS, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page, agreements made for the purpose of accessing specific non-public information, or in writing signed by an authorized agent of BAY AREA MOVERS. The BAY AREA MOVERS Privacy Statement is herein incorporated by reference.

Please continue to browse the website only if you agree to these Terms and Conditions. If you DO NOT agree, please click HOME on your browser or here to leave.