Introduction
These terms and conditions (“Terms”) set forth the terms and conditions that will control the entirety of the relationship between Move Matcher, LLC (“Move Matcher,” “We,” and “Our”) and you (“Moving Company,” “You,” “Your” and “Yours”).
By accessing or otherwise using the web site www.movematcher.com (the “Site”), You acknowledge that You have read, understood, and agree to be bound by these Terms. All policies and guidelines of the Site are incorporated and deemed a part of these Terms by this reference. If You do not agree to these Terms, do no use the Site or Our services. We reserve the right, at Our sole discretion and at any time, to change or modify these Terms without prior notice, and Your continued access or use of the Site signifies Your acceptance of the updated or modified Terms. These Terms may not be modified, amended or changed by You in any manner.
If Moving Company violates any Move Matcher policies or these Terms, Moving Company will be removed from the Site.
Move Matcher may monitor and record phone calls between us, you and/or any moving company vendor/consumer. By participating in such phone calls, you consent to your phone calls being recorded.
Services
Move Matcher operates the Site. Site users are potential moving customers (each a “Moving Customer”). Moving Customers will access the Site for the purpose of locating information and pricing to engage the services of Move Matcher affiliates, through utilization of Move Matcher’s proprietary pricing aggregator. Move Matcher affiliates, including Moving Company, may have the opportunity to produce bid estimates for a Moving Customer’s move, based on the information, data and inventory specifications provided by the Moving Customer. Our users will then be presented with multiple estimates of participating moving company affiliates, and the Moving Customer will make a decision on what moving company affiliate to use.
Moving Customer Pricing
Move Matcher does not control the actual transaction between You and the Moving Customer. You will enter into a separate agreement with the Moving Customer that will govern the moving transaction; provided, however, that Your agreement with each Moving Customer must comply with these Terms.
If a Moving Customer chooses to work with You, then You agree to provide the moving services described in Your bid estimate. The decision of the Moving Customer on which moving company affiliate to use is final.
Moving Company shall not modify any Moving Customer bid estimate, unless such modification is the result of the correction of data provided by a Moving Customer. Moving Company shall not engage in bait and switch sales practices through the Site or with any Moving Customer. Moving Company shall not modify any Moving Customer bid estimate, unless done so by and through Move Matcher.
Compliance with Law
You represent and warrant that all submitted bid estimates comply with all applicable federal, state and local laws and regulations including, but not limited to, those (i) requiring conformity to published tariffs, (ii) pertaining to the transportation and storage of household goods. Moving Company will immediately notify Move Matcher of any non-compliance.
Fees
Move Matcher may facilitate the scheduling of unique telephone call consultations between Moving Company and Moving Customers. Moving Company shall pay Move Matcher a fee for each scheduled unique call with a Moving Customer, calculated pursuant to Your applicable fee structure with Move Matcher (“Unique Call Fee”).
Move Matcher may facilitate unique email communications between Moving Company and Moving Customers. Moving Company shall pay Move Matcher a fee for each unique email sent between a Moving Customer and Moving Company through the Site or any other Move Matcher system, calculated pursuant to Your applicable fee structure with Move Matcher (“Unique Email Fee”).
Move Matcher may provide a link to Moving Company’s website on the Site. Moving Company shall pay Move Matcher a fee for each click on the Moving Company’s website link, calculated pursuant to Your applicable fee structure with Move Matcher (“Cost Per Click Fee”).
Moving Company shall pay all Unique Call Fees, Unique Email Fees and Cost Per Click Fees to Move Matcher within thirty (30) days following the date of Move Matcher’s invoice. Move Matcher’s fee structures are subject to change.
Taxes
Moving Company is solely responsible to determine what, if any, taxes apply to the payments it makes or receives, and is solely responsible to collect, report and remit the correct tax to the appropriate taxing authority. Move Matcher is not responsible for determining whether taxes apply to Your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Moving Company Standard
Moving Company represents and warrants to Move Matcher that it will:
• be properly licensed in compliance with all federal, state and local laws and regulations;
• provide the highest level of customer service;
• timely and efficiently communicate with a Moving Customer before, during and after providing moving services;
• handle all claims in a respectful manner;
• use the proper materials and equipment;
• adequately train its employees;
• properly wrap or protect Moving Customer goods;
• properly wrap or protect Moving Customer home or building during the move; and
• engage in sound hiring practices with its employees, including a criminal background check on each of its employees who will participate in providing services to a Moving Customer.
Insurance Requirements
Moving Company must maintain a commercial general liability insurance policy with limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate for bodily injury and property damage liability combined, under which Move Matcher must be named as an additional insured.
Moving Company must maintain a workers’ compensation insurance policy as mandated by the applicable state workers’ compensation statute under which Move Matcher must be named as an additional insured.
Moving Company must maintain a commercial automotive liability insurance policy, including coverage for owned, hired, and non-owned vehicles, with limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence for bodily injury and property damage liability combined under which Move Matcher must be named as an additional insured.
You must maintain a warehouseman’s liability and/or self-storage liability insurance policy with limits of not less than Fifty Thousand and 00/100 Dollars ($50,000.00) per each truck or shipment under which Move Matcher must be named as an additional insured.
User Disputes
Disputes that Moving Company may have with a Moving Customer over a transaction will remain solely between Moving Company and the Moving Customer, governed by the agreed to terms of the transaction between Moving Company and the Moving Customer. Although Move Matcher may attempt to mediate any disputes between You and a Moving Customers, Move Matcher shall have no obligation to do so and will not be liable for damages arising out of any transaction between You and any Moving Customer.
Non-Circumvention
Moving Company agrees and acknowledges that Move Matcher has a valuable business relationship with each Site user and Moving Customer, and that the Moving Company’s use of the Site and participation in the moving services offered by Move Matcher is conditioned upon Moving Company’s covenant that it shall not circumvent the Move Matcher business relationship with any Site user or Moving Customer. Moving Company shall not, and shall cause its affiliates and subsidiaries not to, produce products or services directly for any Site user or Moving Customer, without going through Move Matcher, during the continuation and for a period of three (3) years following the end of Moving Company’s relationship with Move Matcher.
Termination
These Terms will control the entirety of the relationship between You and Move Matcher. Move Matcher may terminate or suspend Your account and use of and access to the Site and its services at any time in its sole discretion, with or without cause, without notice or liability to You. You may terminate Your use of the Site at any time and for any reason or no reason by stopping all use of the Site and completing any then outstanding obligations to Moving Customers.
These Terms shall survive any termination of the parties’ relationship.
Disclaimer of Warranties
THE ACTUAL MOVE TRANSACTION IS SUBJECT TO TERMS BETWEEN MOVING COMPANY AND THE MOVING CUSTOMER ONLY. MOVE MATCHER ASSUMES NO RESPONSIBILITY OVER QUALITY, SAFETY, AND LEGALITY OF THAT TRANSACTION. MOVE MATCHER MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE AND ANY OF MOVE MATCHER’S SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RESULTS, OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE REGARDLESS OF WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. MOVE MATCHER DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION, INCLUDING WITHOUT LIMITATION BID ESTIMATES, PROVIDED THROUGH THE SITE OR THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AND ANY MOVING CUSTOMER’S PROPERTY, EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SITE AND OUR SERVICES.
Limitation of Liability and Damages
Move Matcher specifically disclaims any representation or warranty about the accuracy of the information provided to You by Moving Customers. Move Matcher shall not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of any transaction to occur as expected.
MOVE MATCHER SHALL NOT BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF MOVE MATCHER OR MOVING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT IF MOVE MATCHER IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING LIMITATIONS, MOVE MATCHER’S MAXIMUM AGGREGATE LIABILITY TO YOU HEREUNDER, WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES OR CHARGES ASSESSED BY, PAID TO AND RETAINED BY MOVE MATCHER IN CONNECTION WITH THE MATTER PURSUANT TO WHICH THE LIABILITY AROSE.
Use of Brand Information
Moving Company grants Move Matcher a royalty-free, non-exclusive, non-transferable, non-revocable license to use Customer’s intellectual property subsisting or embodied in or used in connection with the Moving Company’s business, services and products for the purpose of marketing and advertising of the Site and the services offered by Move Matcher on the Site.
Miscellaneous
These Terms contain the full understanding of the parties with respect to the subject matter hereof and supersede all prior understandings and writings relating thereto. No waiver, alteration or modification of any of the provisions hereof shall be binding unless made in writing and signed by the Parties by their respective officers thereunto duly authorized.
In the event that any provision of these Terms are held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties in such jurisdiction shall be construed and enforced as if the Terms did not contain the particular provisions held to be unenforceable.
Moving Company shall not assign or delegate any of its rights or obligations under these Terms or any transaction agreement with a Moving Customer.
These Terms and the parties’ relationship will in all respects be governed by, and enforced and interpreted in accordance with the substantive law of, without regard to the law of conflicts of, the State of Illinois. The parties agree that any disputes arising under these Terms or the parties’ relationship shall be litigated in state courts sitting in DuPage County, Illinois, and the parties hereby consent to the jurisdiction of such courts.
In the event that any party institutes any legal suit, action or proceeding, including arbitration, against the other party to enforce the covenants contained in these Terms or obtain any other remedy in respect of any breach of these Terms, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees, expenses, court costs and collection costs.
