Terms of Use for the Move University.org Website
Last updated December 15, 2015
Move University, Inc. and its subsidiaries and corporate affiliates (collectively, “Move U”) operate a Web site and associated Web pages. Move U refers to this Web site as the “Website.” Any person accessing or using the Website is referred to as “you”.
Acceptance of Terms
By accessing or using any part of the Website or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Move U from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Move U and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Move U website.
Additional terms may govern use of certain Websites or Web pages within the Website. In the event that any provision, term or guideline contained on a particular Website or Web page in the Website conflicts with the Terms of Use, the terms of such Website or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.
General Use of the Website
Unless specified otherwise, Move U offers access to the Website solely for educational purposes. You agree to only access or use the Website only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:
•except with the express written permission of Move U, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
•damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
•obtain or attempt to obtain any materials or information through any means not made readily accessible by Move U through the Website.
Except with the express written permission of Move U, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website. Except with the express written permission of Move U, you agree that you will not create links from any Website or Web page to any page within the Website; provided however upon prior written notice to Move U at [email protected] you may create a link directly to any of the Move U home pages, including, but not limited to pages currently located at www. moveuniversity.org. The origin of any link to any Move U home page must be accompanied by a clear and prominent attribution indicating that the link is connected to a Move U home page. By creating a link to the Website, you agree that (a) you will not employ any technology that results in the placement of content from the Move U in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Website from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Website. Move U reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Move U so requests.
You agree that Move U may in its sole discretion and at any time terminate your access to and use of the Website, or any part thereof, with or without notice. You further agree that use of the Website and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Move U reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
The Services provided through the Website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Move U to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Move U does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Move U from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may provide information and customized information based on user-inputted data.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the Move U website
The Website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Website (collectively, “Content”) is owned by Move U and/or third parties with all rights reserved unless otherwise noted. Move U grants you a limited license to access and use the Content solely for the intended purposes (including printing individual pages from the Move U provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Move U or Content, except with express written consent of Move U. You understand that all third party Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the third party originator of such Content. CONTENT IS PROVIDED THROUGH MOVE U AS IS, AND YOU AGREE THAT THE USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK, AND THAT UNDER NO CIRCUMSTANCES SHALL MOVE U BE LIABLE FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content/private information on or through the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to the Website as provided below.
By Transmitting Content to the Website, you grant, and you represent and warrant that you have the right to grant, to Move U an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website, you grant Move U all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
Move U is committed to maintaining the privacy and security of any and all such information that you provide to Move U through the Move U website in accordance with
its Privacy Policy stated below.
This Terms of Use is governed by the laws of the State of Texas, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Huntsville, Texas in all disputes arising out of or relating to accessing or using of the Website. Access or use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Move U as a result of the Terms of Use or accessing or using the Website. Move U’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Move U’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Website or information provided to or gathered by Move U with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Move U), the Terms of Use constitutes the entire agreement between you and Move U with respect to the Move U website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Move U with respect to the Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU ACKNOWLEDGE MOVING IS AN INHERENTLY DANGEROUS PROFESSION WITH MANY HAZARDS WHICH CAN AND OFTEN DOES RESULT IN SERIOUS INJURY AND EVEN DEATH. EVERY MOVING SITUATION VARIES AND MOVE U CANNOT FORESEE, PREDICT OR CALCULATE THE OUTCOME, OR THE PREPARATION THEREOF. THIS TRAINING MATERIAL IS INTENDED SOLELY AS A GUIDE AND SHOULD NOT BE TAKEN AS EXACT PROCEDURE. THE INFORMATION IS NOT ALL INCLUSIVE AND CANNOT BE CONSTRUED AS COMPLETE. YOU ACKNOWLEDGE THIS WARNING OF RISK AND YOU ACCEPT FULL RESPONSIBILTY AND LIABILITY FOR ANY INCIDENTS, ACCIDENTS OR ANY OCCURANCES WHICH MAY ARISE FROM YOUR PARTICIPATION IN THIS PROFESSION. THE TRAINING MATERIAL FOUND IN THIS WEBSITE WILL NOT AND CANNOT CAUSE ACCIDENTS, DIRECTLY OR INDIRECTLY OR GUARANTEE THE PREVENTION OF ACCIDENTS, INCIDENTS, INJURY AND/OR DEATH. YOU MUST RELY ON YOUR PRUDENT JUDGEMENT IN EVERY SITUATION FOR YOUR OWN SAFETY, HEALTH, AND EFFICIENCY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE MOVE U SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVE U MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE MOVE U SERVICES AND/OR CONTENT. MOVE U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Indemnification YOU AGREE TO INDEMNIFY AND HOLD MOVE U, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY RELIANCE BY YOU ON THE CONTENT PROVIDED TO YOU ON THE WEBSITE AND/OR MOVE U AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE. Limitation of Liability IN NO EVENT SHALL MOVE U BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THE MOVE U WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PMTD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL OTHER USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ALL MATERIALS ON THE WEBSITE (AS WELL AS THE ORGANIZATION AND LAYOUT OF THE WEBSITE) ARE OWNED AND COPYRIGHTED OR LICENSED BY MOVE U, ITS CORPORATE AFFILIATES OR ITS THIRD PARTY VENDORS. © MOVE U, 2007 ALL RIGHTS RESERVED. NO REPRODUCTION, DISTRIBUTION, OR TRANSMISSION OF THE COPYRIGHTED MATERIALS ON THE WEBSITE IS PERMITTED WITHOUT THE WRITTEN PERMISSION OF MOVE U. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.