Terms of Use Agreement

RELEASES AND LICENSES

Welcome to MOVINGOOD.com, henceforward referred to as “MOVINGOOD”, “we”, or “us”. This page explains the terms by which you may use this web site. By accessing or using the Site you signify that you have read, understood, and agree to be bound

by this document the Terms of Agreement, the most recent version of which is posted at

http://movingood.com/terms-of-use-agreement.html

We reserve the right to revise this Terms of Agreement from time to time at our sole discretion by updating this posting. Unless otherwise provided in such revision, the revised Terms of Agreement, or part thereof, will take effect when they are posted.

SITE SERVICES

MOVINGOOD makes the Site available as an online venue where customers in need of moving (known henceforth as “Customers”) and providers of these services to support this need (henceforth known as “Providers”) are able to identify each other. The Site contains features that enable Customers and Providers to do, among other things, the following:

Customers: Input their moving needs, search for Providers in a specific physical area, and for certain service categories, request bids from Providers where applicable.

Providers: Create a profile to attract Customers that search the Site for Providers in a specific physical area, be rated by Customers, and for certain service categories, place bids for Customer jobs.

RELATIONSHIP BETWEEN CUSTOMERS AND PROVIDERS

Member Contract

The dealing, contracting and fulfillment of a Job are between a Customer and a Provider. For the service categories where this applies, upon Customer’s award and Provider’s acceptance of a Job on the Site, Customer agrees to purchase, and Provider agrees to deliver, the Provider Services in accordance with the following agreements (listed in order of precedence, collectively, the "Member Contract"):

(1) the MOVINGOOD Terms of Service;

(2) the Services Agreement between Customer and Provider available online here;

(3) any other contractual provisions accepted by both Customer and Provider and uploaded to the Site, to the extent not inconsistent with the Terms of Service; and

(4) the Job terms as awarded and accepted on the Site, to the extent not inconsistent with the Terms of Service.

You agree not to enter into any contractual provisions or Terms in conflict with the Terms of Service. Any provision of a Member Contract in conflict with the Terms of Service is void. Customer is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services in accordance with the Member Contract in a timely manner. Provider is responsible for the performance and quality of the Provider Services in accordance with the Member Contract in a timely manner and professional manner, consistent with industry practice. In performing the Job, Provider agrees to provide its own equipment and tools at its own expense. Customer and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Customer is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services in accordance with the Member Contract in a timely manner. Provider is responsible for the performance and quality of the Provider Services in accordance with the Member Contract in a timely manner. Customer and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Customer and Provider each acknowledges and agrees that it is its responsibility to understand the requirements for each Job.

Independent Contractors

Customer and Provider each acknowledges and agrees that their relationship is that of independent contractors. The Provider shall perform the Provider Services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Customer or between MOVINGOOD and any Provider or Customer.

RELATIONSHIP WITH MOVINGOOD

MOVINGOOD Not a Party to Jobs

MOVINGOOD is not a party to the dealing, contracting and fulfillment of a Job between a Customer and a Provider, including the Provider Services. MOVINGOOD has no control over and does not guarantee the quality, safety or legality of Provider Services advertised, the truth or accuracy of Customer listings, the qualifications, background,

or abilities of Members, the ability of Providers to deliver Provider Services, the ability of Customers to pay for Provider Services, or that a Customer or Provider can or will actually complete a transaction. MOVINGOOD is not required to and does not verify any information given to us by Providers or Customers, nor does MOVINGOOD perform background checks on Providers or Customers. However, MOVINGOOD may provide information about a Provider, such as a risk score or geographical location, or third party valuations based on data given to us by the Provider or a third party. Such information is provided solely for the convenience of Customers and is not an endorsement or recommendation by MOVINGOOD. All rights and obligations for the purchase and sale of Provider Services are solely between Customer and Provider. Customer and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts and any other terms, conditions, representations, or warranties associated with such dealings.

Third-Party Beneficiary of Member Contract

Customer and Provider each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Member Contract. Customer and Provider therefore appoint MOVINGOOD a third-party beneficiary of their Member Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, MOVINGOOD by this Agreement. Customer and Provider further agree that MOVINGOOD has the right to take such actions with respect to the Member Contract or their Accounts, including without limitation suspension, termination, or legal actions, as MOVINGOOD in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

No Agency

This Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and MOVINGOOD, except and solely to the extent expressly stated.

MEMBER ELIGIBILITY AND OBLIGATIONS

To access Site Services through our Site, you must be a legal entity, or an individual 18 years or older who can form legally binding contracts. To register for an Account with MOVINGOOD and become a Member, you must accept all of the terms and conditions in, and linked to, this Agreement. By becoming a Member, you agree to:

(a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site;

(b) be financially responsible for your use of the Site and any fees incurred;

(c) perform your obligations as specified by any Member Contract that you accept, unless such obligations are prohibited by law or by this Agreement.

MOVINGOOD reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.

ACCOUNTS

To become a Member and access Site Services through our Site you must register for an "Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. You cannot register for more than one Account without express written permission from MOVINGOOD (you may register for a Customer Account or a Provider Account, but not both). As a Member, you may allow others to access your Account to act on your behalf, but in such use the owner of the Account is responsible for any actions taken through that Account.

Additionally, Member represents, warrants, and agrees to be fully responsible and liable for any action of any User who uses the Account of said Member. You agree to

(1) not to use any Account, username, or password of another User of the Site that you are not authorized to use, and

(2) not to allow others who are not authorized to do so to use the Account at any time.

Your MOVINGOOD Account (including feedback) and username are not transferable, and any transfer or attempted transfer to another party is null and void.

USERNAMES AND PASSWORDS

When a Member registers an Account, the Member will be asked to choose a username and password for the Account. As a Member, you agree that you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. In either case, you authorize MOVINGOOD to assume that any person using the Site with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or access to your password.

ACCOUNT CONTENT

You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Provider Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Customers, Providers, MOVINGOOD, or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Customers, Providers, MOVINGOOD or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the MOVINGOOD Site. Under federal law specifically, the Communications Decency Act of 1996), MOVINGOOD is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. MOVINGOOD is not responsible for and does not monitor or censor content for accuracy or reliability. MOVINGOOD reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if MOVINGOOD considers such information or content to be in violation of the MOVINGOOD Terms of Service.

THIRD-PARTY CONTENT

Directory of Providers

The Site contains a directory of Providers. The directory is populated with information from third-party sources, from Providers themselves, and from other Members. MOVINGOOD provides this directory as a convenience and does not confirm or verify the information contained in it.

Verification and Monitoring

MOVINGOOD makes available to Members on the Site various services provided by third parties to verify a Member’s credentials, provide testing services, or provide information. Any opinions, advice, statements, services, offers or other information or content expressed or made available by these third parties or any other Members are those of the respective author(s) or distributor(s) and not of MOVINGOOD. MOVINGOOD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized MOVINGOOD employees acting in their official capacities.

Links

This Site may contain links to other Web sites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Provider. These services are owned and operated by the

third-party Providers and their licensors. You acknowledge and agree that MOVINGOOD is not responsible or liable for:

(i) the availability or accuracy of such sites or resources; or

(ii) the content, advertising, or products on or available from such Sites or resources.

The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.

SERVICE CATEGORIES

Each Service Category may be searched by Customers using a specified zip code. All Providers within a 10 mile radius of the specified zip code that are registered for that category will be displayed. There are two types of Service Categories:

Competitive Services - Providers registered in one or more of the following categories interact with Customers when a Customer requests a bid from that Provider for the Customer’s job. When a Customer awards their job to a Provider, a binding contract is assumed between the Customer and Provider subject to the terms of this agreement. A Provider may place a bid on a Customer’s job when they receive an invitation to do so – a request for proposal. A request for proposal is considered a lead and is subject to a fee as discussed in the fees schedule below. The Competitive Services categories are:
- Last Minute Movers
- Long Distance Movers
- Piano Movers
- Commercial Movers
- Motor Vehicle Shippers
- International Movers
List Only Services - Services in the following Categories only have their contact information listed. There are no bids solicited or placed. Customers contact and make arrangements with Providers for these services entirely outside of MOVINGOOD. MOVINGOOD assumes no contract of any kind between Customers and Providers in these Service Categories:
- Storage Companies
- Rent-A-Truck Companies
- Moving Supplies Retailers

Provider Services and Priority Placement

Customers can search for Providers in any Competitive or List Only category by zip code. All Providers in a 10 mile radius of the specified zip will be returned in alphabetical order in a results list.

CUSTOMER OBLIGATIONS

A Customer is a user that has registered on the MOVINGOOD site to search for moving service Providers. During registration a Customer must specify their job as accurately as possible thus allowing Providers in the Competitive Services to make an accurate bid on the Customer’s job. Any inaccuracy in the job description resulting in a bid that cannot cover the job will constitute a breach of contract between Customer and Provider. A customer may request bids from up to seven Providers. Each of the seven providers may be from any of the different Competitive Service categories.

PROVIDER OBLIGATIONS

A Provider is a user that has registered on the MOVINGOOD site to provide moving services or goods. A Provider may register in any of the Service Categories that pertain to their company.

COMPETITIVE SERVICE CATEGORY BIDS

This section pertains only to Providers acting in one or more of the Competitive Service Categories, and to Customers that are searching within one of the Competitive Service Categories.

A Customer may search within any Service category for a list of Providers in a ten mile radius of the input zip code. A Customer may request a bid from up to seven different Providers, each of which may be from any of the Competitive Service categories. The Customer is required to input detailed information about their move so a Provider knows exactly what is entailed in a job and can calculate their bid. A Provider must then present their bid in terms of a “per man per hour” rate, the number of men, and the number of hours the move will take, where travel time to the new location will count as regular working hours. Any additional or miscellaneous fees (with certain exceptions noted below) must be rolled into the “per man per hour” rate;

"Per Man Per Hour" Calculation

The “per man per hour” number is a dollar amount. To calculate this number the Provider must determine the following:

The number of men that will be used for the job.
The number of hours the job will take from start to finish including travel time.
The total cost of the job – this is a dollar amount which includes

Once the three numbers above have been determined, following these steps will calculate the “per man per hour” dollar amount:

Divide the total cost of the job by the number of hours to complete the job. This result is the dollar amount per hour.
Divide the dollar amount per hour by the number of men. This result is the “per man per hour” dollar amount.
Enter the “per man per hour” dollar amount, the number of men, and the number of hours the job will take into the request for bid.

Provider Fees Exempted from the "Per Man Per Hour" Dollar Amount

The following fees are exempted from being rolled into the “per man per hour” dollar amount but they

Moving boxes.
Expendable moving supplies (tape, bubble wrap, packing paper) that can only be used once.
Any toll road charges.
Interstate (over 100 miles) weight and mileage fees.
Weight adjustment allowances: This fee is exempted ONLY if the customer has been notified prior to accepting the bid and has signed that they understand the weight charge at the time of the bid was only an estimate.

MOVINGOOD FEES

Membership Fees

No membership fees are charged for any user to register as a member (either as a Customer or a Provider) on the MOVINGOOD site.

Fees Charged To Customers

No fees are charged to Customers for registration or the use of the Site to search for Providers.

Fees Charged To Providers

Account Balance, Initial Deposit, and Account Suspension

All job fees as described in the “Job Fee” section will be charged against the Provider’s account. Upon initial registration of a Provider with this Site, a Provider is required to make a minimum deposit of $100 into the Provider Account. When the Provider’s account balance drops to $30 or less, an email will be sent to the Provider’s email address on record notifying the Provider of the account balance. A notification of the account balance being $30 or less will be displayed on the main page of the Provider’s account as well. When the account balance drops to $0, the job privileges of the Provider will be suspended until another minimum deposit of $100 has been added to the account of said Provider. Suspension of Provider Account privileges includes:

Provider will not receive requests for bids.
Provider will not be eligible to have any job awarded from bids already placed.

Provider Account suspension will be removed immediately upon receipt of the minimum $100 deposit into the suspended Provider Account.

Job Fees

Job Fees are fees that are directly related to a Provider obtaining a job from a Customer. Job Fees are only applicable to the “Competitive Service” categories:

Last Minute Moving
Piano Moving
Long Distance Moving
Commercial Moving

Job Fees are as follows:

$2.95 per lead - when a customer requests a bid from the Provider, the Provider is charged a $2.95 fee for the “lead”.
$29.95 upon award – when a Customer selects to use a Provider for their services, the Provider is charged a $29.95 fee.

These fees are deducted from the account of the Provider as described above.

"Competitive List" fees

If a Provider selects the option to appear on a “Competitive” category list, a fee depending on the length of time selected is charged:

$ 9.95 per month.
$ 49.95 per six months
$ 89.95 per year

RATING AND FEEDBACK SYSTEM

Always leave objective balanced feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that MOVINGOOD may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Customers along several criteria, as determined by MOVINGOOD. MOVINGOOD provides its feedback and rating system as a means through which Users can express their opinions publicly, and MOVINGOOD does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to MOVINGOOD's attention. You may be held legally responsible for damages suffered by other MOVINGOOD Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, MOVINGOOD is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

Leaving feedback for yourself, using a secondary username or another Member’s username.
Leaving fake or inaccurate feedback for another User or Member.
Soliciting other MOVINGOOD Members to leave fake or inaccurate feedback.
Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Member Contract.
Withholding deliverables or funds required by the Member Contract to induce another User or Member to leave positive feedback or no feedback.
Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.

In order to protect the integrity of the feedback system and protect Users from abuse, MOVINGOOD will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:

It seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-MOVINGOOD related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
It contains language that is profane, vulgar, or racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
It is shown to have been left by any User who is in violation of MOVINGOOD's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
It is not directly related to transactions conducted through MOVINGOOD.
It makes any reference to actions taken or purported to be taken by MOVINGOOD or any law enforcement organization.
MOVINGOOD is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal.
The User who posted the feedback or information provided MOVINGOOD with false contact information during the transaction period (as verified by MOVINGOOD) and cannot be contacted by MOVINGOOD.
The User who posted the feedback or information is participating in a MOVINGOOD transaction with the intent of leaving feedback as part of a campaign to harass MOVINGOOD member(s) (as verified by MOVINGOOD).
The User who posted the feedback or information informs MOVINGOOD that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.

PROHIBITED SITE ACTIVITIES

You agree NOT to do any of the following on the Site:

Post false or misleading information about a product, service or service request.
Post logos, seals or slogans from third parties on the Site unless such material is provided by MOVINGOOD or a MOVINGOOD partner, or you have received express written permission from MOVINGOOD to display such third party logo, seal or slogan.
Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
Post or transmit unprofessional or offensive comments about a User, Member, Provider, Customer, MOVINGOOD, or any third party.
Post or introduce software on the Site that:

(i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms");

(ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices);

(iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or

(iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.

Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Tamper with postings of other Users, Members or MOVINGOOD.
Solicit or gather any User's or Member's information available from the Site, such as other usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from MOVINGOOD.
Frame or link to the Site except as permitted in writing by MOVINGOOD.
Impersonate or misrepresent your affiliation with any person or entity.
Repeat any action after you receive warning or request to desist from MOVINGOOD, whether or not that action is explicitly prohibited in the policies stated on the Site.
Fail to respond to an email from MOVINGOOD regarding violation, dispute or complaint within two business days.
Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from MOVINGOOD.
Select a Client or hire a Provider on the basis of religion, sex or race.
Violate a request by MOVINGOOD to not post Jobs deemed by MOVINGOOD in its sole discretion to be contrary to the interests of the Site or the MOVINGOOD User community.