Intellectual
Property; Trademarks; Copyrights
Relocation Essentials is the sole owner of all intellectual property
rights (including trademarks and copyrights) in the Relocation Essentials
Site. Material published by Relocation Essentials on the Site may
contain other proprietary notices or describe products, services,
processes or technologies owned by Relocation Essentials or third
parties. Nothing in the Terms or on the Site shall be construed
as granting to you a license under any copyright, trademark, patent
or other intellectual property right of Relocation Essentials or
any third party, except as expressly set forth herein. The deletion
or alteration of any copyright, trademark or other proprietary notices
from the Site is strictly forbidden.
"Relocation Essentials" and certain other
names or logos are trademarks of Relocation Essentials, and all
related product and service names, design marks and slogans are
the trademarks or service marks of Relocation Essentials. The "look
and feel" of the Site (including color combinations, text, images,
logos, button shapes, layout, design compilation and presentation
of information and all other graphical elements) are also Relocation
Essentials's trademarks and/or copyrights. All other product and
service marks contained herein are the trademarks of their respective
owners.
All editorial content and graphics on the
Site, as well as the HTML based computer programs used to generate
pages and the Site, are protected by U.S. copyright laws and international
treaties and may not be copied, displayed or distributed, or modified
or altered, without the express permission of Relocation Essentials,
which reserves all rights. Re-use of any of Relocation Essentials's
editorial content and graphics for any purpose (including but not
limited to use on any other Internet web site) is strictly prohibited
without Relocation Essentials's prior written permission. Please
direct any requests for permission to Relocation Essentials at the
following e-mail address: support@relocationessentials.com.
Third Parties
The Site may contain hyperlinks or other connections to Web sites
operated by parties other than Relocation Essentials, including
but not limited to those of member companies and agencies and advertisers
(individually or collectively, as the case may be, "Members"). Relocation
Essentials does not control these Web sites and is not responsible
for them, including without limitation their availability, content,
privacy or use policies or any viruses or "cookies" obtained through
them. Relocation Essentials's inclusion of hyperlinks or other connections
to such Web sites does not imply any endorsement of the material
on them or any association with their owners or operators. Relocation
Essentials makes no representations or warranties with regard to
such Web sites, the content therein or otherwise. If you access
linked third-party Web sites, you do so at your own risk.
Your Use; Limited License
The Relocation Essentials Site is for your personal and non-commercial
use only. Except as otherwise expressly provided herein, you may
not modify, copy, distribute, transmit, display, perform, reproduce,
use, publish, license, create derivative works from, transfer or
sell any information or content contained in the Site or contained
in products or services obtained from or available as part of or
in conjunction with the Site. You are granted a non-exclusive, non-assignable
and non-transferable license to use the Site only under these Terms.
This license is not a sale of any of the
owner's rights. The Relocation Essentials Site may be used only
by you, and you may not rent, lease, lend, sub-license or transfer
the Site or any data residing on it or any of your rights under
this agreement to anyone else. You may not develop or derive for
commercial sale any data in machine-readable or any other form that
incorporates or uses any part of the Site. You may not transfer
or store any data residing or exchanged over the Site in any electronic
network for use by more than one user unless you obtain prior written
permission from Relocation Essentials.
Registration and Password
If, and when, you provide information and a password, you are responsible
for maintaining the confidentiality of that information and password.
You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify Relocation
Essentials of any unauthorized use of your registration or password.
Your Responsibilities
The Relocation Essentials Site may be used only for lawful purposes
by individuals seeking relocation information. As one of the conditions
of your use of the Site, you represent, warrant and agree that you
will not use (or plan, encourage or help others to use) the Site
for any purpose or in any manner that is prohibited by these Terms
or by applicable law (including but not limited to any applicable
export controls). It is your responsibility to ensure that your
use of the Site complies with these Terms and to seek prior written
permission for any uses not expressly permitted herein.
In connection with your use of the Site,
you agree that you will not:
1. Transmit any message, information, data,
text, software or images, or other materials ("Content") that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
slanderous, libelous, vulgar, obscene, sexually explicit, racially,
ethnically or otherwise objectionable or that may invade another's
right of privacy or publicity or other personal rights;
2. Impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
3. Post or transmit any Content that you
do not have a right to reproduce, display or transmit under any
law or under contractual or fiduciary relationships;
4. Post or transmit any Content that contains
a virus or corrupted data;
5. Delete any author attributions, legal
notices or proprietary designations or labels that you upload to
any communication feature;
6. Use the Site's communication features
in a manner that adversely affects the availability of its resources
to other users including without limitation excessive shouting,
use of all caps, flooding or continuous posting of repetitive text;
7. Post or transmit any unsolicited advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-employment
profile information such as opinions or notices, commercial or otherwise;
8. Violate any applicable local, state,
national or international law;
9. Upload or transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
10. Post to the Site any franchise, pyramid
scheme, "club membership," distributorship, multi-level marketing
or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions
only (no significant salary), or requires recruitment of other members,
sub-distributors or sub-agents;
11. Delete or revise any material posted
by another person or entity;
12. Use any device, software or routine
to interfere or attempt to interfere with the proper working of
the Site or any activity being conducted on the Site;
13. Take any action which imposes an unreasonable
or disproportionately large load or burden on the Site;
14. If you have a password allowing access
to a non-public area of the Site, to disclose to or share your password
with any third parties or use your password for any unauthorized
use;
15. Notwithstanding anything to the contrary
contained herein, to use or attempt to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the Site, other than the search engine and search agents
available on the Site or generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer); and
16. Attempt to decipher, decompile, disassemble
or reverse engineer any of the software comprising or in any way
making up a part of the Site.
Security Rules
Users are prohibited from violating or attempting to violate the
security of Relocation Essentials, including, without limitation,
(i) accessing data not intended for such user, (ii) logging into
a server or account which such user is not authorized to access,
(iii) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization, (iv) attempting to interfere with service
to any user, host or network, including, without limitation, via
means of submitting a virus to the Site, overloading, "flooding,"
"mailbombing" or "crashing," (v) sending unsolicited e-mail, including
promotions or advertising of products or services, or (vi) forging
any TCP/IP packet header or any part of the header information in
any e-mail or new group posting.
Violations of Site or network security
may result in civil or criminal liability. Relocation Essentials
will investigate occurrences which may involve such violations and
may contact, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Grant of License
By submitting (e.g. uploading) Content to the Site, you automatically
grant Relocation Essentials the royalty-free, perpetual, irrevocable,
non-exclusive, transferable right and license to use, reproduce,
modify (to comport with the Site), adapt, publish, distribute, translate,
create derivative works from, distribute, perform and display such
Content (in whole or in part) worldwide or to incorporate it in
other works in any form, media, or technology now known or later
developed, without restriction or compensation. In addition, you
warrant that all so-called "moral rights" in the Content have been
waived. Relocation Essentials and its designees shall have the right,
but not the obligation, in their sole discretion to edit, refuse
to post, or remove any Content posted on the Site. Without limiting
the foregoing, Relocation Essentials and its designees shall have
the right to remove any Content that violates these Terms or is
otherwise objectionable.
Monitoring
Relocation Essentials is a passive conduit for the online distribution
and publication of user-submitted information, and Relocation Essentials
is not responsible for screening or otherwise monitoring content
submitted by users, whether in advance or after posting. If notified
by a user of communications which allegedly do not conform to these
Terms, Relocation Essentials may investigate the allegation and
determine in its sole discretion whether to remove or request the
removal of the communication. Relocation Essentials has no liability
or responsibility to users for performance or non-performance of
such activities. Relocation Essentials is under no obligation to
monitor the information residing on or transmitted via the Site.
However, you agree that Relocation Essentials may monitor the Site
to (1) comply with any applicable laws, regulations or other government
requests; (2) to operate the Site properly or to protect itself
and its users and Members; and (3) for such other purposes as it
may deem reasonably necessary or appropriate from time to time.
Relocation Essentials reserves the right to modify, reject or eliminate
any information residing on or transmitted to the Site or expel
or prevent further access by a user that Relocation Essentials,
in its sole discretion, believes is unacceptable or in violation
of these Terms. Relocation Essentials may take any action with respect
to user-submitted information that it deems necessary or appropriate
in its sole discretion if it believes it may create liability for
Relocation Essentials or may cause Relocation Essentials to lose
(in whole or in part) the services of its Internet Service Providers
or other suppliers.
The Company's Liability
Relocation Essentials is only a venue. The Site acts as a venue
for individuals seeking relocation and moving assistance, and Relocation
Essentials does not screen or censor the content offered by those
registered individuals. The information, software, products and
services published on the Site may include inaccuracies, typographical
errors or out-of-date information. As a result, you acknowledge
that there are risks, including but not limited to the risk of physical
harm, of dealing with other users of the site including strangers,
foreign nationals, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other
users of the Site.
Because user authentication on the Internet
is difficult, Relocation Essentials cannot and does not confirm
that each user is who they claim to be. Because we cannot be involved
in user-to-user dealings or control the behavior of participants
on Relocation Essentials, in the event that you have a dispute with
one or more users, you release Relocation Essentials (and our officers,
directors, agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every kind and
nature known and unknown, suspected and unsuspected, disclosed and
undisclosed arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code
§ 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
We are under no legal obligation to, and
generally do not, control the information provided by other users
which is made available through the Site. By its very nature, other
people's information may be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled. We expect
that you will use caution and common sense when using the Site.
Relocation Essentials is not to be considered
an employer with respect to your use of the Site and Relocation
Essentials shall not be responsible for any employment decisions,
for whatever reason made, made by any entity posting jobs on the
Site.
Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE
AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED
ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION GIVEN BY RELOCATION Essentials, ITS AFFILIATES
OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE
ANY WARRANTY. RELOCATION Essentials EXPRESSLY DISCLAIMS ANY WARRANTY
THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL
BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE
AGAINST US AS THE SITE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT
OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR
SYSTEM. WE MAKE NO WARRANTIES WHATSOEVER THAT ANY CONTENT OR OTHER
INFORMATION UPLOADED OR POSTED BY YOU TO THE SITE WILL NOT BE VIEWED
BY UNAUTHORIZED INDIVIDUALS OR COMPANIES.
Limitations of Liability
RELOCATION Essentials DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY
FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION,
APPARATUS, PRODUCT, TEST, SOFTWARE OR PROCESS USED OR DISCLOSED
ON THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO
EVENT SHALL RELOCATION Essentials BE LIABLE FOR, AND YOU HEREBY
RELEASE RELOCATION Essentials, ITS OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS FROM ANY LOSSES OR DAMAGES (WHETHER DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL) ARISING OUT OF OR
IN ANY WAY RELATING TO THE USE OF THE SITE, THE USE OF ANY CONTENT
POSTED TO THE SITE, THE USE OF ANY TEST RESULTS, THE DELAY OR INABILITY
TO USE THE SITE (OR ANY LINKED SITES), ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER
BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE),
EVEN IF RELOCATION Essentials HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET
FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON,
THEN RELOCATION Essentials'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES
SHALL BE LIMITED TO U.S. $100.00.
Indemnity
You agree to defend, indemnify and hold harmless Relocation Essentials,
its officers, directors, employees and agents, from and against
any and all claims, actions, or demands, including without limitation
reasonable legal and accounting fees and costs, arising out of or
resulting from your use of the Site, your posting or uploading of
any Content, your violation of any rights of another, your breach
of these Terms or your breach of any representation or warranty
contained herein.
Miscellaneous
No partnership.
You agree that no joint venture, partnership,
employment or agency relationship exists between you and Relocation
Essentials (or any of Relocation Essentials's Members) as a result
of these Terms or your use of the Site.
Certain Legal Requirements.
Relocation
Essentials's performance of these Terms is subject to existing laws
and legal process, and nothing contained herein will diminish Relocation
Essentials's right to comply with law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered
by Relocation Essentials with respect to such use.
Entire Agreement.
These Terms represent
the entire binding agreement between us, and our respective successors
and assigns, and supersede any and all prior understanding, statements
or representations, whether electronic, oral or written, regarding
Relocation Essentials, its Site or the information thereon. A printed
version of these Terms shall be admissible in any judicial or administrative
proceedings based upon or relating to these Terms to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Termination by Relocation Essentials;
Modification.
Relocation Essentials shall have the right to
terminate your ability to access the Site at any time without notice
and to discontinue or modify any of the information contained on
the Site at any time. Relocation Essentials shall have the right
to modify these Terms at any time.
Assignment; Waiver.
You may not
assign any part of this Agreement without Relocation Essentials's
prior written consent. No waiver of any obligation or right of either
party shall be effective unless in writing and executed by the party
against whom it is being enforced.
Jurisdiction; Enforcement; Interpretation.
These Terms shall be governed by the internal laws of the Commonwealth
of Virginia without regard to its choice of law provisions. The
parties irrevocably consent to the exclusive jurisdiction and venue
for any action or dispute in the state and federal courts located
in Richmond, Virginia, U.S.A. Use of the Site is unauthorized in
any jurisdiction that does not give effect to all provisions of
these Terms, including without limitation this paragraph. Notwithstanding
the foregoing sentence, these Terms shall be severable and construed
to the extent of their enforceability in light of the parties' mutual
intent if deemed at all unenforceable by a competent court. Given
the nature of these Terms, you understand and agree that, in addition
to money damages, Relocation Essentials will be entitled to equitable
relief upon a breach of these Terms by you.