This website is owned and operated by Tom's Moving & Storage. These Terms and Conditions of Use (“Terms”) contain the terms upon which Tom's Moving & Storage is willing to provide you access and use of this website and all content within including information, text, databases, logos, audio and video files, graphics, and all other materials and services (collectively, the “Site”). These Terms form a contract between you and Tom's Moving & Storage. If you do not agree to be bound by these Terms, you may not access or use the Site. Use of the Site constitutes your acceptance of these Terms and Tom's Moving & Storage’s Website Privacy Policy. Review the Terms for important provisions regarding limitation of liability, waivers and the like.
License
You may only use this Site if you are at least 18 years of age. You have a limited license to use the Site, including the limited right to view, bookmark, download and print for your non-commercial, personal use and information only. These Terms cannot be waived or modified by any oral communications between you and Tom's Moving & Storage.
Updating Terms
Tom's Moving & Storage reserves the right to change, delete, and update portions of these Terms or other policies that govern use of the Site. You should review these Terms periodically for changes. Any amendments and/or modifications by Tom's Moving & Storage will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. You agree to the changed Terms upon using the Site after changes to the Terms are posted. If you have an account or other relationship with Tom's Moving & Storage that relationship is governed by the agreement specific to that account or relationship; provided nothing in those other agreements shall diminish the protections and rights provided to Tom's Moving & Storage under these Terms.
Information Available on Site
Tom's Moving & Storage relies on a variety of sources for the information provided on the Site. This information is provided to you in good faith based on the information available to Tom's Moving & Storage. Tom's Moving & Storage believes that the information is current and accurate, but does not guarantee it. Furthermore, Tom's Moving & Storage does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.
Use of the Site
Tom's Moving & Storage grants to you a limited, non-exclusive license to access the Site. You may view, bookmark, download and print those pages of the Site that interest you for your non-commercial, personal use and information only. Your use of any materials or software from the Site is terminable by Tom's Moving & Storage at any time under the circumstances described in these Terms.
Tom's Moving & Storage or its content providers own all of the content, materials, and other intellectual property related to the Site, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressed in these Terms. Any use of the Materials, except as permitted by these Terms, is strictly prohibited.
Use of the Site and its Materials are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Tom's Moving & Storage.
Furthermore, you may not:
Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way the Material and content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
Copy, modify, distribute, create any derivative or compilation work from, or display Tom's Moving & Storage’s name or logo, or any text, graphic images, or other content from the Site or redeliver it using framing or similar technology;
Use any device designed to provide repeated automated access to the Site other than those made generally available;
Include the logo, and other marks, of various products and services offered by Tom's Moving & Storage or any other Tom's Moving & Storage trademarked materials, the name of any Tom's Moving & Storage personnel, or any variation of these items as a meta tag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Tom's Moving & Storage and you, any other party, or any other website, or otherwise use these items without Tom's Moving & Storage’s express written permission;
Collect, harvest or store personal data about other users of the Site;
Upload, e-mail or otherwise transmit to Tom's Moving & Storage or through the Site any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, covertly intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Tom's Moving & Storage;
Create a link to the Site without Tom's Moving & Storage’s prior written permission;
Use the Site to advertise or perform any commercial solicitation;
Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
Use any robot, spider, scraper, or any other automated means to access the Site for any purpose without Tom's Moving & Storage’s express written permission;
Forge any TCP/IP packet header or any part of the header information in any email or posting;
Take any action that imposes, or may impose, in Tom's Moving & Storage‘s sole discretion, an unreasonable or disproportionately large load on the Tom's Moving & Storage infrastructure;
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
Bypass measures used by Tom's Moving & Storage to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Tom's Moving & Storage; or
Impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Tom's Moving & Storage for any purpose.
Tom's Moving & Storage reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order directing Tom's Moving & Storage to disclose such information.
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated. Tom's Moving & Storage may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site at any time, in its sole discretion, without prior notice to you and without any liability to you. Tom's Moving & Storage also reserves the right to take any action relating to user-submitted information that it deems necessary if such information, as determined in Tom's Moving & Storage’s sole discretion, may create liability for Tom's Moving & Storage, its agents or its contractors or may affect business relationships or contracts with its agents or its contractors. Further, Tom's Moving & Storage reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms. Tom's Moving & Storage is under no affirmative obligation to monitor any of the prior or to otherwise screen or monitor any communications or information before they are posted. You agree that Tom's Moving & Storage has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Tom's Moving & Storage from any liability related to its monitoring activities.
Website Linking
We may provide access to third-party websites for your general informational use only. These links allow you to leave the Site. Tom's Moving & Storage is unable to verify, and takes no responsibility for, the contents of any third-party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Tom's Moving & Storage or by a third-party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third-party website to which Tom's Moving & Storage may link). By providing access to third-party websites, Tom's Moving & Storage is not recommending or supporting any third-party, is not recommending the purchase or sale of any products or services of a third-party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Tom's Moving & Storage does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third-party site or related to creation of links to such site. Before relying on any information contained on any third-party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
Disclaimers and Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND CONTENT AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). Tom's Moving & Storage, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE Tom's Moving & Storage PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA.
YOU AGREE THAT THE Tom's Moving & Storage PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE Tom's Moving & Storage PARTIES TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO Tom's Moving & Storage TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO Tom's Moving & Storage. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY Tom's Moving & Storage IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE Tom's Moving & Storage PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF DISCOVERY SHALL BE WAIVED AND RELEASED.
Indemnification
In consideration of your use of the Site, you hereby agree to indemnify, defend, and hold harmless the Tom's Moving & Storage Parties (and any of its third-party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of these Terms, violation of law, or violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights).
Applicable Law
Tom's Moving & Storage operates the Site from offices within the State of Michigan in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Michigan (excluding any choice of law rules) govern your rights and obligations relating to Tom's Moving & Storage and your use of the Site and exclusive jurisdiction and venue for any disputes shall be the state courts or federal courts of Michigan.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by Tom's Moving & Storage, any right, power or privilege here under shall operate as a waiver. Any waiver by Tom's Moving & Storage of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Tom's Moving & Storage.
Copyright Agent for Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, we designate the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Tom's Moving & Storage’s designated agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
