By placing a link to the MovingCompaneisOnline.com Users agrees to adhere to linking policy and agreement listed below:
AGREEMENT: User agrees to establish and maintain hypertext links from its site to the MovingCompaniesOnline.com site in accordance with this agreement. MovingCompaniesOnline.com grants to the User during the term of this agreement a non-exclusive, non-transferable, royalty free, worldwide, right to use its trade names, trademarks, service names and service marks solely to the extent necessary to establish the site links described above and to carry out the provisions of this agreement.
INTELLECTUAL PROPERTY: Except for the limited license to use the licensed marks granted above, User may not use MovingCompaniesOnline.coms trade names, trademarks, service names and service marks for any reason without prior written permission. User agrees that , including without limitation, all content, text, images, software, media and other materials therein, is proprietary to MovingCompaniesOnline.com, protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent.
1. User shall not create frames around partners website or content or use other techniques that alter the visual presentation of each others web sites.
2. User shall not imply the endorsement of products or services of either party.
3. User shall not imply an affiliation between each party without prior written consent of the other party.
4.User shall not misrepresent any relationship with either party or present false or misleading impressions about each others products or services.
5. User’s site shall not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.
6. User shall not display or use a link in a manner that causes either site to be associated with any advertising or sponsorship.
7. User shall not incorporate MovingCompaniesOnline.com content into a third party site or link to each others site through any other URL or mirrored site.
REPRESENTATIONS AND WARRANTIES: User represents and warrants that (a) its site is a functional Internet site accessible to subscribers and users of the Internet; (b) its site does not and will not contain any content, materials, advertising or services that infringe on or violate any applicable law or regulation, any proprietary right of any third party (including copyright, trademark, patent, and trade secret), or which is defamatory, obscene or offensive; (c) it has the right and authority to enter into and perform all obligations under this Agreement: and (d) Is under no obligation or restriction that does or would interfere or conflict with its obligations under this agreement, nor will it assume any such obligation or restriction.
USE OF DATA: User shall not have the right to use, publish, sell or otherwise distribute any data collected with respect to users of the Linking site which relate to their clicking on a link, their use of partner site, or any other information deemed proprietary.
INDEMNIFICATION: User will defend, indemnify, save and hold harmless MovingCompaniesOnline.coms, Its Affiliates, and their officers, directors, agents and employees from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and costs ("Liabilities"), resulting from the indemnifying party’s breach of any material duty, representation, or warranty contained in this Agreement, except there shall be no obligation to indemnify, defend, or hold harmless where Liabilities result from the gross negligence or knowing and willful misconduct of the other party. User agrees to: (a) promptly notify MovingCompaniesOnline.com in writing of any indefinable claim, and (b) give the other party the opportunity to defend or negotiate a settlement of any such claim at such other party’s expense and cooperate fully with the other party, at that other party’s expense, in defending or settling such claim. Each party reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification by the other party.
LIMITATION OF LIABILITY: Except with regard to the obligations of Indemnification and Confidentiality, in no event will MovingCompaniesOnline.com be liable for consequential, incidental, special or indirect damage, including, but not limited to, loss of profits or sales or loss of or damage to data, regardless of the form of action, whether in contract, tort, breach of warranty or otherwise, even if a party has been advised of the possibility thereof. Moreover, except for the indemnification obligations described above, the maximum liability of either party arising out of or relating to the transaction that is the subject matter of this Agreement, regardless of the cause of action, will not exceed $5,000.
LAW & DISPUTE RESOLUTION: Any claim between the parties, their agents, employees, officers or directors shall be resolved by arbitration in the Florida.
INDEPENDENT CONTRACTORS: The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
TERM & TERMINATION: This agreement may be terminated by either party at any time and for any reason, without cause by notifying the other party in writing or via email. Partners shall within (5) days of termination notice, shall disconnect all links to each others sites and cease all use of partners logos and marks.
AMENDMENT: No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both parties.
ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and supersedes any prior agreements, written or oral, of the parties with respect to the transactions set forth herein.