MovenQi.com
Scheduling
Contract
By
using this Web site, you are indicating that you have read and AGREE
to be bound by, the policies, terms, and conditions set forth below
(this Agreement)
IN THEIR ENTIRETY without LIMITATION or qualification,
AS
WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, as if you had
HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU ARE DEEMED TO HAVE
ORDERED THE SERVICE PROVIDED ON THIS WEB SITE, THEN MoveNQi.com
ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER
TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY MOVENQI.COM, YOUR
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. If you do not agree
to these terms and conditions, do not use this site or download
materials from this site. This Web site is provided by
ClearBranches, Inc. dba MoveNQi.com (MoveNQi.com)
and may be used for informational purposes only. If
the user is not an individual, then you
means your company, its
officers, members, employees, agents, representatives, successors
and assigns. MoveNQi.com provides a Web Site (the “MoveNQi.com
Website
through which services
providers (Providers)
make services available to persons who have
registered with MoveNQi.com (Members).
When a Member elects to receive a
service from a Provider, that Member will enter into an agreement
with the Provider containing, among other things, the time and
location of those services (the Contract).
Providers market
their services by posting their available Contracts for clients to
search, compare, and buy. Provider does not refer specific Members
to Providers or specific Providers to Members. Provider agrees that,
once it has entered into a Contract with a Member, that Member may
cancel the Contract prior to the time of the service and that, in
such circumstances, MoveNQi.com shall have no liability to Provider
with respect to such cancellation or otherwise. If MoveNQi.com
receives notice that one party wishes to modify the Contract,
MoveNQi.com will notify both parties via the email of the proposed
revision. If the modification is not acceptable to the non-proposing
party, the Contract will be cancelled (if within the acceptable
cancellation period) or terminated (if before the acceptable
cancellation period). As a Provider, you may select the subscription
package that best fits your needs. The fees for subscribing to the
MoveNQi.com service may include one-time, recurring, or per
transaction fees. MoveNQi.com reserves the right, in its sole
discretion, to temporarily or permanently modify its fee structure.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You
are responsible for paying all fees and applicable taxes associated
with the MoveNQi.com site in a timely manner with a valid payment
method. If your payment method fails or your account is past due,
you agree to pay all costs incurred by MoveNQi.com in collecting
past due amounts including, without limitation, charging other
payment methods on file with us, retaining collection agencies and
legal counsel. Restrictions on
Use Except as otherwise permitted in writing by MoveNQi.com,
no materials from the MoveNQi.com site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way. You may download material displayed on the MoveNQi.com site for
non-commercial, personal use only. If you do so, you agree to retain
all copyright and other proprietary notices contained on the
materials. You may not use, distribute, modify, transmit, or post
the content of the MoveNQi.com site for public or commercial
purposes, including any text, images, audio, or video without
MoveNQi.com written permission. You may not mirror any material
contained on this site on any other server. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or
form) of MoveNQi.com without express written consent. You may not
use any meta tags or any other hidden text
utilizing MoveNQi.com name or trademarks without the
express written consent of MoveNQi.com. Any unauthorized use
terminates the permission or license granted by MoveNQi.com. Proprietary Rights in
Content. MoveNQi.com does not claim any ownership rights in
the text, files, images, photos, video, sounds, musical works, works
of authorship, or any other materials (collectively,
Content)
that you post to the MoveNQi.com
Services. After posting your Content to the MoveNQi.com Services,
you continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you
choose. By displaying or publishing (posting)
any Content on or through the MoveNQi.com Services, you
hereby grant to MoveNQi.com a limited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such
Content in any manner selected by MoveNQi.com. You represent and
warrant that: (i) you own the Content posted by you on or through
the MoveNQi.com Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your
Content on or through the MoveNQi.com Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any Content
posted by you to or through the MoveNQi.com Services. The
MoveNQi.com Services contain Content of MoveNQi.com (MoveNQi.com
Content).
MoveNQi.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and MoveNQi.com
owns and retains all rights in the MoveNQi.com Content and the
MoveNQi.com Services. MoveNQi.com hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the
MoveNQi.com Content (excluding any software code) solely for your
personal use in connection with viewing the MoveNQi.com Website and
using the MoveNQi.com Services. The MoveNQi.com Services contain
Content of Users and other MoveNQi.com licensors. Except for Content
posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any
Content appearing on or through the MoveNQi.com Services. Content Posted.
MoveNQi.com may delete any Content that in the sole judgment of
MoveNQi.com violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the safety of any
person. MoveNQi.com assumes no responsibility for monitoring the
MoveNQi.com Services for inappropriate Content or conduct. If at any
time MoveNQi.com chooses, in its sole discretion, to monitor the
MoveNQi.com Services, MoveNQi.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove
any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content. You are solely responsible for
the Content that you post on or through any of the MoveNQi.com
Services, and any material or information that you transmit to other
Members and for your interactions with other Users. MoveNQi.com does
not endorse and has no control over the Content. Content is not
necessarily reviewed by MoveNQi.com prior to posting and does not
necessarily reflect the opinions or policies of MoveNQi.com.
MoveNQi.com makes no warranties, express or implied, as to the
Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members. Content/Activity
Prohibited. |
The following is a partial list
of the kind of Content that is illegal or prohibited to post on or
through the MoveNQi.com Services. MoveNQi.com reserves the right to
investigate and take appropriate legal action against anyone who, in
MoveNQi.com sole discretion, violates this provision, including
without limitation, removing the offending communication from the
MoveNQi.com Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of MoveNQi.com: a. is patently
offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual; b. harasses or advocates
harassment of another person; c. exploits people in a sexual or
violent manner; d. contains nudity, violence, or offensive subject
matter or contains a link to an adult website; e. solicits personal
information from anyone under 14; f. promotes information that you
know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libelous; g. promotes an illegal or unauthorized copy of another
persons copyrighted work; h. involves the transmission of junk
mail,
chain
letters,
or
unsolicited mass mailing, instant messaging, spimming,
or spamming;
i. contains restricted or password only access pages or hidden pages
or images (those not linked to or from another accessible page); j.
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but
not limited to making or buying illegal weapons, violating someones
privacy, or providing or creating computer viruses; k. solicits
passwords or personal identifying information for commercial or
unlawful purposes from other Users; l. involves commercial
activities and/or sales without MoveNQi.com prior written consent
such as contests, sweepstakes, barter, or pyramid schemes; m.
includes a photograph of another person that you have posted without
that persons consent; or n. for band and filmmaker profiles, uses
sexually suggestive imagery or any other unfair, misleading or
deceptive Content intended to draw traffic to the profile. The
following is a partial list of the kind of activity that is illegal
or prohibited on the MoveNQi.com Website and through your use of the
MoveNQi.com Services. MoveNQi.com reserves the right to investigate
and take appropriate legal action against anyone who, in MoveNQi.com
sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to: a. criminal or tortious
activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets; b.
advertising to, or solicitation of, any Member to buy or sell any
products or service when posting a comment about another service
provider. You may not transmit any chain letters or junk email to
other Members; c. covering or obscuring the banner advertisements on
any MoveNQi.com page via HTML/CSS or any other means; d. any
automated use of the system, such as using scripts to send comments
or messages; e. interfering with, disrupting, or creating an undue
burden on the MoveNQi.com Services or the networks or services
connected to the MoveNQi.com Services; f. attempting to impersonate
another Member or person; g. using the account, username, or
password of another Member at any time or disclosing your password
to any third party or permitting any third party to access your
account; h. selling or otherwise transferring your profile; i. using
any information obtained from the MoveNQi.com Services in order to
harass, abuse, or harm another person; j. displaying an
advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any
commercial activity on or through the MoveNQi.com Services on behalf
of that person, such as placing commercial content on your profile,
posting blogs or bulletins with a commercial purpose, or sending
private messages with a commercial purpose; or k. using the
MoveNQi.com Services in a manner inconsistent with any and all
applicable laws and regulations. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of
MoveNQi.com to terminate Membership privileges of any Member who
repeatedly infringes the copyright rights of others upon receipt of
prompt notification to MoveNQi.com by the copyright owner or the
copyright owners legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the
MoveNQi.com Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim
is infringing is located on the MoveNQi.com Services; (iv) your
address, telephone number, and email address; (v) a written
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owners
behalf. MoveNQi.com Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent,
QualityofTouch.com, Inc. dba MoveNQi.com,P.O. Box 9624,
Austin, Texas 78766 or movenqi@yahoo.com. Representations and
Warranties By using this site, you represent and warrant that
(i) you understand and agree that this Agreement is a legally
binding agreement and the equivalent of a signed, written contract;
(ii) you will use this Web site in a manner consistent with all
applicable laws and regulations and in accordance with the terms and
conditions of this Agreement; (iii) you are authorized to sign for
and bind the contracting party; (iv) you will not impersonate any
person or entity, misrepresent any affiliation with another person,
entity or association, use false headers or otherwise conceal your
identity from MoveNQi.com for any purpose. Disclaimer of
Warranties You expressly agree that use of the MoveNQi.com
site is at your sole risk. Neither MoveNQi.com, nor its affiliates,
nor any of their officers, directors or employees, agents,
third-party content providers, merchants, sponsors or licensors
(collectively, Providers),
or the like,
warrant that the MoveNQi.com site will be uninterrupted or
error-free; nor do they make any warranty as to the results that may
be obtained from the use of the MoveNQi.com site, or as to the
accuracy, completeness, reliability, security or currency of any
materials provided by MoveNQi.com in connection with the MoveNQi.com
Web site (the Materials).
The
Materials may contain errors, omissions, inaccuracies, or outdated
information. Further, MoveNQi.com does not warrant reliability of
any advice, opinion, statement or other information displayed or
distributed through the site. MoveNQi.com reserves the right, in its
sole discretion, to correct any errors or omissions in any portion
of the site. MoveNQi.com may make any other changes to the site, the
Materials and the products, programs, services or prices (if any)
described in the site at any time without notice.
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THIS SITE AND
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE, ARE PROVIDED BY
MOVENQI.COM ON AN AS IS,
WHERE IS AND
WHERE AVAILABLE
BASIS. MOVENQI.COM EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS
ON THE MOVENQI.COM SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW. MOVENQI.COM EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS,
CONTENT OR INFORMATION ON THE MOVENQI.COM SITE OR ANY GOODS OR OTHER
PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE MOVENQI.COM
SITE OR YOUR USE OF THE MOVENQI.COM SITE GENERALLY, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY OF
INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT
OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS LAW
IS APPLICABLE TO THIS AGREEMENT. Limitation of
Liabilities YOU AGREE THAT MOVENQI.COM AND ITS SUBSCRIBERS
SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
MATERIALS, CONTENT OR INFORMATION ON THE MOVENQI.COM SITE REGARDLESS
OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL
MOVENQI.COM OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY
WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE
MOVENQI.COM SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION
OFFERED, SOLD, OR DISPLAYED ON THE MOVENQI.COM SITE, YOUR USE OF, OR
INABILITY TO USE, THE MOVENQI.COM SITE GENERALLY, OR OTHERWISE IN
CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MOVENQI.COM OR
ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. Indemnifications
You agree to indemnify, defend and hold harmless MoveNQi.com, its
affiliates, agents, employees and licensors from and against any and
all claims and expenses, including reasonable attorneys fee, arising
out of or related in any way to your use of the site, violation of
this Agreement, violation of any law or regulation or violation of
any proprietary or privacy right. Dispute
Resolution Any dispute relating in any way to your use of the
MoveNQi.com site shall be submitted to confidential arbitration in
Austin, Texas, except that, to the extent you have in any manner
violated or threatened to violate MoveNQi.com intellectual property
rights, MoveNQi.com may seek injunctive or other appropriate relief
in any state or federal court in the State of Texas, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration
under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators
award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or
otherwise. Limitations on
Claims Any cause of action you may have with respect to your
use of the site must be commenced within two (2) year after the
claim or cause of action arises. Term and
Termination Without limiting its other remedies, MoveNQi.com
may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate the license granted under this Agreement if you
fail to comply with any term or condition of this Agreement. Upon
such violation, you agree to terminate access to the MoveNQi.com
site. Choice of
Law and Venue This site is controlled, operated and
administered by MoveNQi.com from its offices within Austin, Texas, United
States of America. MoveNQi.com
makes no representation that materials at this site are appropriate
or available for use at other locations outside of the United
States and access to them from
territories where their contents are illegal is prohibited. You may
not use the site or export the Materials in violation of
U.S. export laws and
regulations. If you access this site from locations outside of the
United
States, you are responsible for
compliance with all local laws. This Agreement shall be
governed by the laws of the State of Texas, without giving effect to
its conflict of laws provisions that direct the application of the
laws of a different jurisdiction. This is the case regardless of
whether you reside or transact business with MoveNQi.com in
Texas or elsewhere. You agree to
submit to the personal and exclusive jurisdiction of the courts
located within Travis
County, Texas.
Entire
Agreement This Agreement constitutes the entire agreement
between MoveNQi.com and you with respect this Web site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the
customer and MoveNQi.com with respect to this Web site. A printed
version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records
originally generated and maintained in printed form. If for any
reason a court of competent jurisdiction finds any provision of the
Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. Modifications to
Agreement MoveNQi.com may revise the Agreement at any time
and you agree to be bound by the revised Agreement. It is your
responsibility to return to this Agreement from time to time to
review the most current terms and conditions. MoveNQi.com does not
and will not assume any obligation to notify you of changes to this
Agreement. This Agreement shall supercede any prior terms or
conditions included with any communications or agreement, whether or
not such terms or conditions are signed by MoveNQi.com. MoveNQi.com
reserves the right to make changes to this site and to these terms
and conditions at any time. Any such modifications will become
effective upon the date they are first posted to this site. Electronic
Communications and Electronic Signatures You agree to be
bound by any affirmation, assent or agreement you transmit through
the MoveNQi.com Web site, including but not limited to any consent
you give to receive communications from MoveNQi.com solely through
electronic transmission. You agree that, when in the future you
click on an I agree,
I consent or other similarly worded
button
or entry field with your mouse, keystroke or other computer
device,
your agreement or consent will be legally binding and enforceable
and the legal equivalent of your handwritten
signature.
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