Terms | My Move

Terms

Last updated July 1, 2016.

Welcome to the MY MOVE website (the “Site”). The Site is owned and operated by Imagitas, LLC (the “Company,” “we,” “us,” or “our”), a Red Ventures company. Any person accessing or using the Site is referred to as “you.”


1.         Acceptance of Terms


By accessing or using any part of the Site or any of the services provided on or through the Site (collectively, the “Services”), you accept and agree to be bound by the terms, conditions, and notices stated herein, as may be modified by Company from time-to-time (the “Terms of Use” or “Terms”). These Terms of Use constitute a binding contract between Company and you.  If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Site.


2.         Changes to Terms of Use or Services

 

We may modify the Terms of Use at any time, in our sole discretion. If we do so, we will let you know by posting the modified Terms of Use on this Site or through other communications. It is important that you review the Terms of Use whenever modified because your continued use of the Services will indicate your acceptance of and agreement to be bound by the modified Terms of Use. If you do not agree to be bound by the modified Terms of Use, then you may not use the Services anymore. We reserve the right to add, modify, suspend, or impose limits on any aspect of the Services, at any time and without notice, at our sole discretion.

 

3.         General Use of the Site and Services


By using this Site, you affirm and agree that:

 

  • You are at least 18 years old;
  • You are fully able and competent to enter into a binding contract, and to abide by and comply with the Terms of Use;
  • Any information you provide will be accurate, current and complete; and
  • You will only use the Site in a manner consistent with any and all applicable laws and regulations existing now or adopted at any later date.

 

Unless otherwise specified herein, subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, revocable license to use the Site and our Services solely for your own personal, non-commercial purposes in accordance with this Agreement. You agree to access or use the Site only for legal purposes that are permitted by the Terms of Use, in a manner consistent with any and all applicable laws and regulations existing now or adopted at any later date. Any other use is strictly prohibited. We retain the right to terminate this license, including without limitation your account and your access to this Site and/or any of the Services, without notice, in our sole and absolute discretion, and without liability at any time for any reason whatsoever. Regardless of any termination, discontinuation or cancellation of Services or your Account, Sections 3, 5, 7, 9, 11, 12, 13, 14 and 15 of these Terms of Use will survive. We reserve any and all rights not explicitly granted in this Agreement.

 

Among other things, you agree that you will not:

 

  • Except with our express prior written permission, 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 Site, 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 Site or interfere with any other party's use and enjoyment of the Site;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
  • Remove any copyright and other proprietary notices from the Site or any materials from the Site, including without limitation any individual pages printed from the Site;
  • Obtain or attempt to obtain any materials or information through any means not made readily and generally accessible by Company through the Site; or
  • Access or attempt to access password protected, secure or non-public areas of the Site.


Except with the express prior written permission of Company, you agree that you will not create links from any Web site or Web page to any page within the Site; provided however upon prior written notice to Company at info@imagitas.com, you may create a link directly to the Site.  The origin of any link to the Site home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Site. By creating a link to the Site, you represent and agree that: (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Site 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 websites 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 Site. We reserve 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 we so request.


The Services may also be located on third party Web sites or applications, via links, click-through advertising, or otherwise. Nothing contained in any of the Services is an offer or promise by Company 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. Company makes no representation or warranty with respect to any third party products or services.  Further, Company neither adopts, endorses nor is responsible for the accuracy, completeness, sufficiency, veracity, timeliness or reliability of any third party products or services or any information, communications, content, opinion, advice or statement concerning any third party products or services.  You are solely responsible for confirming the sufficiency and reliability of any third party products and services and the accuracy of any information or statements concerning such products and services. 

 

With the sole exception of communications authored and initiated solely by Company, you acknowledge, understand and agree that we will not be responsible for, and you hereby release Company (including our affiliated companies and our respective officers, directors, agents, investors, subsidiaries, and employees) from, any and all loss, claims, demands, liability and damages (direct, indirect, special, punitive 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 any third party products and services and your reliance on any information or statements concerning such products and services.

 

Certain interactive aspects of the Site and Services may be tools that provide information and customized information based on user-inputted data. These tools and any information generated by these tools are for general reference and informational purposes only, and are not intended to be definitive, comprehensive, or an offer of any kind. You hereby release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, liability and damages (direct, indirect, special, punitive 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 or reliance upon such tools and resulting information. 


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.

 

As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you (“Push Messages”). If you decide to enable Push Messages, you agree to receipt of communications via the Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages about the Services). Please be aware that third party messaging fees may occur relating to these Push Messages, depending on the message plan you have with your wireless carrier. You will be required to provide us with your phone number during the registration process in order to use the Services, and by registering with the Site, you authorize us to send texts to your phone.  Your use of the Services is also subject to your standard phone and/or internet fees for data, messaging and any other limits put in place by your carrier and you are responsible for any related fees.

 

4.         Security and Services Modifications

You are solely responsible for maintaining the confidentiality of any communications conducted through or in connection with the Site or the Services. You also agree that you will not disclose your account password to anyone and that you will notify us immediately of any unauthorized use of your account. If you are aware of any unauthorized use of your account or if you have reason to believe that your account is no longer secure, you must promptly notify us. You are solely responsible for all activities occurring under your account, regardless of whether you know about them.

Although we are not obligated to monitor access to or use of the Site or Services, or to review or edit any aspect of the Site or Services, we have the right to do so for the purpose of operating the Site and Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms of Use or conduct that affects the Site or Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

We will make reasonable efforts to keep the Site and Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site or Services, with or without notice, all without liability to you for any interruption, modification or discontinuation of the Site or Services or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update the Site or Services or to provide all or any specific content through the Site or Services.

 

5.         Terms Applicable to Your Purchase of Products

Any products or services you may use or purchase as a result of your access to the Site or Services are the products or services of third parties, and not of Company. So each such third party is solely responsible for any products or services it provides to you, including any warranties regarding those products or services. We do not warrant the offerings of any third party or the content of any third party website to which you can link via the Site or Services. We do not assume any responsibility or liability for the actions, products or services, or content of any third party. We are not responsible for the acts or omissions of any third party or their failure to provide products or services, adhere to their own schedules or honor their contracts. You waive and release Company (including our affiliated companies and our respective officers, directors, agents, investors, subsidiaries, and employees) from any and all damages, claims, liabilities, and costs resulting from your purchase or use of any product or service of any third party.

In the event that you have a dispute with any third party, you agree to address such dispute directly with the third party in question, and you release Company (including our affiliated companies and our respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Returns of, or refunds in connection with, any product or service purchased or ordered must be handled directly between you and the applicable third party.


6.         Content Contained in the Site


The Site and all of its contents, including without limitation 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 Site (collectively, “Content”) is owned by Company and/or third parties with all rights reserved unless otherwise noted. You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Site or Content, except with express prior written consent of Company. You understand that all third party Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the third party originator of such Content. The Site, including Content provided through the Site, is provided 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 Company 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 Company does not screen or approve third-party Content, and that Company shall have the right (but not the obligation) in its sole discretion to refuse, modify, or delete any Content that is available via the Site, for any reason.


7.         Content You Provide


To the extent you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Site, 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 you provide or otherwise make available via the Site. 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 all rights and interests in such Content to the Site as provided below.

 

By Transmitting Content to the Site, you grant, and you represent and warrant that you have the unencumbered right to grant, to Company 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 Site, you grant Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.


You represent and agree that you will not use the Site to Transmit any Content:

 

  • Containing any inappropriate subject matters;
  • That 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; or
  • that contains 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·        

 

8.         Privacy

Our Privacy Policy, which is incorporated as part of the Terms of Use by reference, describes how your information may be collected, used, shared, and disclosed.

 

9.         Applicable Law

 
These Terms of shall be treated as though they were executed and performed in Mecklenburg County, North Carolina, and shall be governed in all respects by the laws of the State of North Carolina without regard to conflict of law provisions. You acknowledge and agree:

 

  • That any claim or legal action you may have or pursue against Company must be resolved by a court located in Mecklenburg County, North Carolina, except as otherwise agreed by the parties,
  • To submit to the exclusive and personal jurisdiction of the courts located within Mecklenburg County, North Carolina, for the purpose of litigating all such claims or legal actions, and
  • That you and Company are each waiving the right to a trial by jury, and that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.

 

10.       Interpretation of the Terms of Use


If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including without limitation 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 Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Company), the Terms of Use constitute the entire agreement between you and Company with respect to the Site and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Site and Services.

 

11.       Disclaimer of Warranties 


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES AND/OR CONTENT. COMPANY 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.

 

Without limiting the foregoing, we make no warranty: (a) that the Site or Services will meet your requirements, (b) that the Site or Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, (c) that the Site or Services will operate without packet loss whether due to an outage or a period update, (d) regarding any connection to or transmission from the internet, or any quality of Service due to user installed routers or firewalls, or (e) regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or Services.

 

12.       Limitation of Liability

 
IN NO EVENT SHALL COMPANY 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 MYMOVE NETWORK, THE SITE OR THE SERVICES, THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS RECEIVED 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 SITE OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  IN NO EVENT WILL COMPANY’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE GREATER OF THE TOTAL AMOUNT YOU HAVE PAID TO COMPANY FOR USE OF THE SITE AND SERVICES OR ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

 

13.       Indemnification 

 

You agree to indemnify and hold Company and its third party vendors and corporate affiliates, and their respective directors, officers, employees, agents and investors harmless from any and all claims and demands, including without limitation reasonable attorneys’ fees, due to or arising out of any content submitted, posted, or otherwise provided by you to the Site and/or its third party advertisers, your access to or use of the Site or Services, or any breach by you or your affiliates, employees, agents and representatives of these Terms of Use of the Privacy Policy. 

 

14.       Copyright 

 

© Imagitas, LLC 2010-2016. All rights reserved.  No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the written permission of Imagitas. Any rights not expressly granted herein are reserved.

All Content on the Site, including without limitation graphics, photographs, images, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the organization and layout of the Site, is the property of Company and the respective providers, and is protected by US and international intellectual property laws. You agree not to download, display or use any Content for any purpose except as expressly permitted in these Terms of Use.

We respect the intellectual property rights of others. If you think any material on this Site or available via the Services infringes your copyright, please provide us the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the location on the site or within the Services where the allegedly infringing material is located; (c) your address, telephone number, and email address; (d) a statement by you of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you that the information you are providing to satisfy the above requirements (phases (a) through (d)) is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner, along with an electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner. This notice should be sent by mail or email to the attention of the Copyright Agent at 1101 Red Ventures Drive, Fort Mill, SC 29707, or info@mymove.com

 

15.       General Terms

 

These Terms of Use constitute the entire and exclusive understanding and agreement between you and the Company regarding the Site and Services, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between you and the Company regarding the Site and Services.

 

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. Company may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications we may provide under these Terms of Use, including those regarding modifications to these Terms of Use, can be given: (a) via email; or (b) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Company’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

 

You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

 

To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

16.       Contact Information

 

If you have any questions about these Terms of Use, the Site, or the Services, please contact us at:

1101 Red Ventures Drive

Fort Mill, SC 29707

Attn: My Move

info@mymove.com