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MovAide.com Terms Of Service

Last updated on October 26, 2021

Acceptance of these Terms of Service

Please take a few minutes and read the Terms of Service agreement that you're entering into, and pay special attention to our dispute resolution policy in Section 12.10 which requires binding arbitration in most circumstances.

Hello and thanks for using MovAide. Our free-to-use provider website and our pay-to-use consumer website, identity management services, and related mobile-focused applications and websites (our "Services") are here to help you find other people or businesses online and monitor your online information.

This Terms of Service agreement (the "Agreement" or "Terms") is between you and MovAide, LLC. ("Movaide", "we", "us" or "our"), and sets forth the legally binding terms for your access and use of the Services. MovAide provides the Services, and any text, graphics, photos, or other materials downloaded from or appearing on the Services (such materials, "Content"). Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.

Each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference herein. When services from other websites and/or applications are made available through the Services (e.g., by logging into any of the Services using a social media username and password), you agree to be legally bound by the terms and conditions and privacy policies of those other Web sites and/or applications. Please take a few minutes and read the Terms of Service agreement that you're entering into, and pay special attention to our dispute resolution policy in Section 12.10 which requires binding arbitration in most circumstances.

IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Electronic Communications: By accessing the Services, you consent to have this Agreement provided to you in electronic form and that all agreements, disclosures, and other communications that we may provide to you in electronic form satisfy any legal requirements that our communications with you be in writing. You acknowledge that when you provide us with your contact information, including an email address or telephone number ("Contact Information"), sharing this information with us constitutes a "purchase" or "inquiry" that establishes a business relationship between you and us.

You expressly agree that we may communicate with you about the Services, using any or all Contact Information you provide to us. You also represent and warrant that you have the legal authority over any telephone number you provide to us. We may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text message (SMS or MMS), or any other means of communication that your telecommunications device may be capable of receiving. Providing this consent is not a condition of your purchase, and you may elect to opt out of receiving marketing emails at any time by following the instructions and link provided in the email. Please allow up to ten business days for our systems to reflect your marketing communication preferences.

1. General Policies

1.1 Eligibility to Use the Services

In order to use the Services, you must be 18 years of age or older and have the legal capacity to enter into this Agreement. In addition, you must not be barred from receiving the Services under United States law or the laws of any other jurisdiction. The Services are not for use by anyone under the age of eighteen years. If you are using any pay-to-use Services on behalf of your employer, you represent and warrant that you are authorized by them to accept these Terms, and that you will be using the Services for internal business use only. We reserve the right to suspend, terminate or deny your access to the Services for any (or no) reason, with or without notice and without further obligation. You further represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) listed on any U.S. Government list of prohibited or restricted parties.

1.2 Accounts and Security

Account Creation: In order to access and use certain Services, you will be asked to register and create a user account (an "Account"). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked "required" (such credentials, the "Registration Data"). You agree: (i) that the Registration Data you provide is lawfully under your possession and control, true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that MovAide may contact you and require you to confirm some or all of your Registration Data before using or continuing to use these Services. We reserve the right to terminate the limited licenses granted to you and to refuse to provide you with any and all current or future use of the Services if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete, or not lawfully under your possession or control.

If you create or log in to any of the Services using your credentials for a social media account such as Facebook, Twitter, or LinkedIn, or link a social media account with your MovAide Account, you may be redirected to a sign-in request page. By signing-in using your credentials for that social media service, you agree that MovAide may access, disclose, or share certain information received from that service, as specified in the sign-in process or otherwise allowed by such social media service. We may use such information to facilitate your log-in and improve and provide the Services to you, as further described in our Privacy Policy.

Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including your password, and for all activities, charges and/or liabilities that originate from your Account, whether or not authorized by you. You agree that you will not share your username and password, or transfer, sub-license, sell or assign your rights in your Account to any other person or entity. You may not open multiple Accounts for the same service, and we will close Accounts associated with the same credit or debit card. Any unauthorized use of your Account by any third party is subject to these Terms as though You were using the Account. You must immediately notify MovAide of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing movaideus@gmail.com. We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for immediate suspension or termination of your Account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. MovAide has no obligation to retain any data associated with your Account if it is terminated.

Audit: MovAide reserves the right to audit your use of the Services and Content. You agree to cooperate and to provide us all documentation reasonably requested related to the use of your Account.

1.3 Privacy Policy

MovAide maintains a Privacy Policy describing the collection, retention, and use of information related to your use of the Services. You will find this policy at www.movaide.com/privacypolicy

1.4 Payment Policy for Pay-To-Use Services

Paid Content: Some of the Content offered through the Services is only available for a fee (such Content, "Paid Content"). By purchasing Paid Content, you agree to receive the services offered, subject to the billing terms provided to you at that time. Both compiled reports and subscription plans for pay-to-use Services are considered Paid Content.

Service Fees: We offer compiled reports on individuals and companies for a one-time fee. If you are not satisfied with your purchase, please contact us within 24 hours from the original date of purchase to discuss your concerns. If we cannot solve your concerns, we may provide you with another search, at no additional cost to you. We will not refund your purchase.

Payment Method and Provider: You agree to pay for all charges for the Paid Content using your Account, plus any applicable taxes. All prices are in US Dollars and do not include foreign exchange fees or charges that you may incur from other providers, such as your Internet service provider or telephone provider. Without limiting any other terms of this Agreement, the Services may change fees and charges in effect, or add new fees and charges from time to time, but you will always know the fees that may be charged before you are asked to provide payment.

Purchases made through MovAide: You authorize us to charge your chosen payment provider for these charges. You also authorize us (or a third party working on our behalf) to collect and store that payment method, along with other related transaction information. We may update your payment method with information provided by the applicable payment service provider, and you authorize us to continue to charge the fee for Paid Content to the updated payment method. The terms of your payment will be based on your method of payment and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen method of payment (your "Payment Provider"). If your purchase results in an overdraft or other fee from your banking institution, you are responsible for paying that fee.

If MovAide does not receive payment from your Payment Provider, you agree to pay all amounts due on your Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-submit the payment to your Payment Provider. You are responsible for maintaining a current payment method to continue to access Paid Content, and if we are unable to charge your payment method, your access to Paid Content may be terminated. We reserve the right to correct any errors or mistakes that we may make, even if we have already requested or received payment, and to update your information from available third party sources. Cancellation and Refunds: WE DO NOT PROVIDE REFUNDS OR CREDITS FOR UNUSED PAID CONTENT.

2. License and Access to the Services

2.1 Limited License

MovAide grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicenseable license to use the Services, subject to the Terms and payment (where required), for your own personal use, or, with respect to the pay-to-use Services, for internal business use. You are not receiving any other rights from MovAide, including intellectual property or other proprietary rights. You understand that you have no rights to the Services or Content or any other MovAide property except as indicated in these Terms and all rights and licenses not expressly granted to you in this Agreement are retained by MovAide. To the extent any component of the Services or Content may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.

MovAide may revoke or terminate the license granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the license if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Content, or (iii) use the Services or the Content other than as specifically authorized in this Agreement, without our prior written permission.

2.2 No Unauthorized Access

You may not do any of the following while accessing or using the Services:

use any robot, spider, site search/retrieval application, or other automated device to download, retrieve, scrape, distribute or index any portion of the Content, or permit any third party to do the same;

rent, lease, lend, sell or sub-license the Content or Services, or any portion thereof, to any third party;

provide use of the Content or Services on a service bureau, rental, or managed services bases;

gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any MovAide servers, through hacking, cracking, and/or distribution of counterfeit software, password mining or any other means;

reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Services;

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service;

forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information;

engage in "framing," "mirroring" or otherwise simulating the appearance or function of the Services;

make the Content or the functionality of the Services available to multiple users through any means including, but not limited to, linking or deep-linking to one of our Web sites or uploading one of our apps to a network;

interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment, including, without limitation, sending viruses, overloading, flooding, spamming, or mail-bombing the Services or using any mechanism to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any hardware or software protection or monitoring mechanism; or

with respect to pay-to-use Services, access such Services from outside the United States of America, its possessions and territories.

3. Using the Services: Requirements and Restrictions

3.1 Fair Credit Reporting Act

MovAide is not a Consumer Reporting Agency. MovAide is not a consumer reporting agency for purposes of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. ("FCRA"). None of the information in our databases has been collected, in whole or in part, for the purpose of furnishing "consumer reports," as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, these Terms.

FCRA Restrictions on Your Use of the Services. You may not use any information obtained from the Services and Content in connection with determining a prospective candidate's suitability for:

Health insurance or any other insurance,

Credit and/or loans,

Employment (including but not limited to, household workers such as nannies),

Education, scholarships or fellowships,

Housing or other accommodations,

Benefits, privileges or services provided by any business establishment,

or for any other purpose covered by the FCRA, by the Federal Trade Commission's interpretations of the FCRA, and/or by similar state statutes.

3.2 Marketing and Resale Restrictions

You may not use, or allow a third party to use, the Services or Content for any marketing purposes, including making telemarketing calls and transmitting unsolicited advertisements via paper mail, fax or email. You may not use, or allow a third party to use, the Services and Content to prepare any database (or compare one database to another) to append, verify or create a new database. Content may not be published, sold, or rented to any third party.

3.3 Automated Searching

We do not allow scraping or automated collection of our Content. If we determine that you are using automated means (e.g., robot or spider) to retrieve, distribute or index any portion of our Content, or more than one individual is using your Account at any one time, your Account may be turned off or your access otherwise blocked, without notification, for further investigation. If you feel your Account has been turned off or your access to the Services has been blocked in error please contact our Customer Support team.

3.4 General Restrictions

You also agree to adhere to the following:

You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations, including export control laws. Any unauthorized use of the Services or Content is expressly prohibited.

You are responsible for determining which laws apply based on your use of the Content. You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services.

You will take reasonable steps to ensure that the information you receive from the pay-to-use Services is stored in a secure manner.

You will not use the Services or information derived from the Services in combination with any purpose, or personal information, covered under the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, or the Children's Online Privacy Protection Act.

You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to stalk, threaten, defame, libel, or otherwise harass another person. You may not use the Services for the furtherance of any criminal activity, including fraud and identity theft, or in the violation of any person's privacy rights.

You will not use the Services to seek information about or locate any person under the age of 18.

You will not use the Services to obtain personal information pertaining to famous people, government officials, or election candidates.

You will not falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity while using the Services.

You will not use the Services to post, publish, or transmit any text, graphics or material that: (i) is false or misleading; (ii) is obscene, pornographic, or offensive; (iii) promotes bigotry, racism, or hatred against any individual or group; (iv) infringes other's rights, including intellectual property rights; or (v) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability.

You will not use the Services to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, and any other applicable federal or state law.

You will not use the Services to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

You will not use the Services or Content in connection with credit repair or credit counseling services.

MovAide has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand.

3.5 Identity Management Restrictions

MovAide’ Identity Management product includes Content from unauthorized breaches of third-party websites ("Breach Content"), which is provided solely for the purpose of informing you of potential risks to your identity so that you may protect yourself from potential identity theft. Use of Breach Content for any other purpose is prohibited. For any Registration Data or other data, including email addresses, that you provide for the Identity Management product, you represent and warrant that: (i) you are the lawful owner of the data or that you have ongoing, express authorization to use and access the data for the purpose set forth above, and (ii) that the data belongs to a current resident of the United States. You may not copy, transfer, reproduce Breach Content or access Breach Content outside of the Services, whether by printing, screen-shot, or other means, and you may not make Breach Content available to any person other than lawful owner of the Breach Content to whom the Breach Content pertains.

4. Legal Notices About Your Searches

4.1 Megan's Law Disclaimer

Informational Only: MovAide and the government agencies that provide this data have not considered or assessed the specific risk that any convicted sex offender displayed in a search of the Content will commit another offense, or the nature of any future crimes that may be committed.

Legal Limits on Disclosures: Under some state's laws, certain registered sex offenders are not subject to public disclosure, so they are not included in sex offender databases. Offenses other than the crimes for which the convicted sex offender is required to register are generally not included in sex offender databases, so the Content may not reflect the entire criminal history of a particular individual.

Mistaken Identities: Extreme care must be taken in the use of information because mistaken identification may occur when relying solely upon name, age, and address to identify individuals.

Errors and Omissions: Sex offender data is compiled from reports by local law enforcement. Much of that information is gathered from persons who are required to register as sex offenders and to provide, at least once a year, their addresses and other information to local law enforcement. Because information can change quickly, and there may be gaps in data received, we make no representation, either express or implied, that the information on this site is complete or accurate. MovAide shall not be held responsible for any errors or omissions in the Content, or produced by secondary dissemination of this information.

Notice of Corrections: If you believe that any sex offender information provided by the Services is in error, please contact the appropriate police or sheriff's department, or contact the Department of Justice. See http://NSOPW.gov for more information.

Legal and Illegal Uses: The information in the Content is made available solely to protect the public. In some states, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information may subject the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed.

4.2 Public Records Disclaimer

Public Records for Informational Use: The Services provide a database of public records and publicly available sources of information aggregated for your convenience, including but not limited to, court, voter registration, property and license records ("Public Information"). This Public Information may be made available to you through the Services and is provided for informational purposes only.

No Verification of Content: MovAide does not verify Public Information, Breach Content or any other Content: While we are constantly updating and refining the Services, we do not warrant or guarantee that the results provided will be complete, accurate and up to date and, consequently, MovAide shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or the availability or unavailability of the Services or Content. MovAide does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. MovAide also reserves the right to delete any information from its databases at any time.

MovAide shall not be liable for any errors or omissions. You agree to rely on the Public Information, Breach Content, and any other Content available through the Services at your own risk.

4.3 California Consumer Notice Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

5. Intellectual Property

Ownership of Content and Marks: The Services, and all material published on or accessible through the Services, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, "applets" incorporated into the software data, sounds, messages, comments, ratings, and other materials that are part of the Services, is owned by MovAide or its licensors, and is protected by copyright, trademark, and other laws of both the United States and other countries. All trademarks, service marks, trade names, and trade dress contained in the Services ("Marks"), are proprietary to MovAide and may not be used by you unless expressly authorized to do so. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on the Services, framing Content, using Meta tags or "hidden text," creating any unauthorized derivative work, or in any other way exploiting the Marks, the Content or the Services. You agree you will not reproduce, publish, transmit, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, or the Services, in whole or in part. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Services. All right, title and interest in and to the Content and Services is and will remain the exclusive property of MovAide and its licensors. Any feedback, comments, or suggestions you may provide regarding MovAide or the Services, including correspondence with Customer Service (collectively, "Feedback"), is entirely voluntary. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.

We may use third-party trademarks in the Services to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association between the trademark owner and MovAide.

No Other License Granted: Except for allowing you to use the Services and Content for your personal use or internal business purposes as set forth above, when you use the Services, you are not receiving a license or any other rights from MovAide, including intellectual property or other proprietary rights of MovAide. You understand that you have no rights to the Services or any other MovAide property except as described in these Terms.

Content You Provide or Transmit: In the course of using the Services, you may transmit or otherwise make available certain content to us, including information about yourself. You grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. You understand and agree that MovAide retains the right to reformat, excerpt or translate any content provided or transmitted by you. You also agree that we may collect and use technical information such as your IP address, device ID, and other information including, but not limited to, technical data about your mobile device and system software and peripherals, for product improvement, customer support, and to provide other services to you related to the Services. We have no obligation to monitor content you provide and submit through the Services, but we do reserve the right to monitor and review such content for any lawful reason, including for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.

6. Third Parties

6.1 Third Party Links

MovAide may, as a convenience to you, make links to third-party Web sites or resources available on or through the Services. MovAide is not responsible in any way for, and does not make any representation, warranty, guarantee or endorsement regarding any third-party Web sites and resources which may be accessed through us. In addition, MovAide does not endorse or adopt, and is not directly or indirectly responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party Web sites or resources.

6.2 Third Party Partner Terms of Use

Certain Services use mapping functionality provided by Google Maps, which is subject to additional terms found at http://www.google.com/help/terms_maps.html.

7. Notification of Claimed Infringement: DMCA Claims

MovAide strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Services infringes on any copyright you own or control, or that any link made available on or through the Services directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

To expedite our ability to process an Infringement Notice, please provide 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 believe is being infringed;

A description of the location of the material that you believe is infringing the copyrighted work;

Your contact information (please include your address, telephone number, and email address);

A 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; and

A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.

Sign the Infringement Notice and send the written communication to:

Attn: MovAide Legal – DMCA Notice, 2917 W. Grandview Rd. Phoenix, AZ 85053

8. Opt-Out Policy

Upon request, we can suppress an individual's contact information records over which we have control from being shown through the Services. To suppress your contact information, you need to be either the person associated with the applicable name, address, or phone number, or be legally authorized to act on behalf of that person. We endeavor to make changes within 72 hours of receipt of your opt-out request.

You understand that an opt-out request will only suppress contact information available directly through the Services, and cannot remove information from third-party sources, such as court records, voter registration lists, and property records. We do not warrant that a request for removal of or change to contact information will result in removal of or change to all of your information from the Services. Further, we are not responsible for informing any third party of any changes you may request pursuant to this policy, and we cannot remove or cause to be removed information from the databases or records of any third party.

9. Special Provisions

9.1 Special Provisions Applicable to Software

If you download or use certain Services, such as an app or a browser plug-in, you agree that, from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the Services.

9.2 Special Provisions Applicable to Users Outside the United States

The following provisions apply to users who interact with MovAide outside the United States, its territories and possessions:

You understand and agree that we may transfer, process and store your personal data outside of the country in which you live.

You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.

You will not use any pay-to-use Services.

MovAide makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services, you are responsible for compliance with any applicable laws including, but not limited to, applicable local laws.

10. Disclaimers; Limitations of Liability; Indemnification

10.1 Disclaimer of Warranty

YOU USE THE SERVICES AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE SERVICES, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR THE CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOVAIDE PROVIDES THE SERVICES AND THE CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. THE CONTENT, INCLUDING BUT NOT LIMITED TO THE BREACH CONTENT, MAY NOT BE ACCURATE AND MAY NOT BE COMPLETE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOVAIDE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF MOVAIDE IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER MOVAIDE NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "PROVIDERS"), REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE; (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE CONTENT IS NON-INFRINGING.

NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES, BY THE COMPANY, OR BY THE COMPANY'S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.

10.2 Limitation of Liability

IN NO EVENT SHALL MOVAIDE OR ANY OF THE PROVIDERS BE LIABLE, WHETHER UNDER ANY IMPLIED INDEMNITIES OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES OR CONTENT, WHETHER PROVIDED BY MOVAIDE OR BY THIRD PARTIES; (II) ANY USE OR INABILITY TO USE OR ACCESS THE SERVICES FOR ANY REASON, (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR SEARCHES, CONTENT, OR ACCOUNT, (IV) ANY CONTENT PROVIDED BY OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES; OR (IV) ANY CONTENT OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, EVEN IF MOVAIDE AND/OR THE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOVAIDE OR THE PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES AND/OR THE CONTENT EXCEED THE GREATER OF U.S. $100.00 OR THE AMOUNT YOU PAY TO MOVAIDE, IF ANY, IN THE PAST SIX MONTHS, FOR ACCESS TO OR USE OF THE SERVICES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.

10.3 Indemnification

You agree to hold harmless, defend, and indemnify MovAide and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from, or otherwise relate to your use or misuse of the Services or the Content including, without limitation, any actual or threatened suit, demand or claim made against MovAide or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, or (ii) your breach of this Agreement. MovAide may assume exclusive control of any defense of any matter subject to indemnification by you (which shall not excuse your obligation to indemnify MovAide), and you agree to cooperate with MovAide in such event. You shall not settle any dispute subject to your indemnification under this Agreement without prior written consent from MovAide.

11. General Terms

11.1 Controlling Law

These Terms will be governed by the laws of the State of Arizona without regard to or application of its conflict of law provisions or your state or country of residence. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

11.2 Severability and Waiver.

Waiver: MovAide's failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision.

Severability: If any provision of these Terms of Service are held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

11.3 Assignment

You may not assign any of your rights or obligations under this Agreement, and any such attempt will be void. MovAide may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

11.4 Changes to the Service

We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof, without notice to you. MovAide shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.

11.5 Termination

These Terms will remain in full force and effect while you use the Services. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Services. MovAide may terminate your access to all or any part of the Services or Content at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, payment obligations, warranty disclaimers, release of claims, indemnity, and limitations of liability.

Nothing in this section shall affect MovAide's right to change, limit, or stop the provision of the Services without prior notice, as provided in section 12.4.

11.6 No Third Party Beneficiaries

Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

11.7 Headings

The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.

11.8 Changes to Terms

We reserve the right to change these Terms of Service at any time by posting the most current version of the Terms with a new effective date shown. It is your responsibility to review these Terms of Service prior to each use of the Services, and by continuing to use the Services, you agree to any changes. If you do not agree to these Terms, you must discontinue using the Services immediately.

11.9 Additional Terms

Special terms or rules may apply to some services offered on our Web site or mobile applications, such as rules for special promotions or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be communicated to users of the Service, MovAide shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail, in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

11.10 Dispute Resolution: Agreement to Arbitrate

Please read the following sections carefully, as they affect your rights.

ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND MOVAIDE, INCLUDING ANY DISPUTE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SERVICES, THE CONTENT (INCLUDING, WITHOUT LIMITATION, CONTENT RELATING TO YOU), ALLEGED ADVERTISING OF THE SERVICES OR CONTENT, OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, STATUTE (INCLUDING, WITHOUT LIMITATION, STATUTES RELATING TO PRIVACY, APPROPRIATION, OR RIGHT OF PUBLICITY), REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, RIGHT OF PUBLICITY, APPROPRIATION, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY ("DISPUTE"), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 12.10. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO, ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS SECTION 12.10 AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT THEIR CLAIM(S).

NOTWITHSTANDING THE FOREGOING, YOU AND MOVAIDE AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR MARICOPA COUNTY, ARIZONA INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR OTHER MISUSE OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT OR OTHER MISUSE OF THE CONTENT), OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY'S WEB SITES OR SERVICES.

If you have a Dispute with MovAide, you must send written notice describing the Dispute to MovAide to allow MovAide an opportunity to resolve the Dispute informally through negotiation. You must send your notice to the following address: MovAide, LLC., Attn: Legal Department, 2917 W. Grandview Rd, Phoenix, AZ 85053. If we have a Dispute with you, we will send written notice (e-mail or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 45 days after notice of a Dispute has been provided. If the Dispute is not resolved within 45 days from receipt of notice of the Dispute, you or MovAide may proceed to have the Dispute resolved through arbitration as each party's exclusive Dispute resolution process (except for the limited exceptions set forth above).

Any arbitration, if required, will be conducted by the (AAA)American Arbitration Association under its then current and applicable rules and procedures, which are located at www.adr.org, and these rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 12.10 expressly provides otherwise. The party submitting a dispute for resolution through arbitration will pay AAA's filing fee. Each party will pay their pro rata share of administration and arbitrator fees under AAA's rules; provided however, if AAA's Consumer Arbitration Rules are applicable, MovAide will make arrangements to pay all necessary administration and arbitrator fees directly to AAA. If AAA's Consumer Arbitration Rules are applicable and you lose the claim(s) you assert against MovAide, you agree to reimburse MovAide for your pro rata share of administration and arbitrator fees; provided however, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MovAide will pay as much of the administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous or that you asserted the claim(s) for harassment or any other improper purpose, you agree to reimburse MovAide for all administration and arbitrator fees paid by MovAide. The party that ultimately loses will pay the reasonable documented attorneys' fees and costs of both parties.

The arbitration shall be held in Phoenix, Arizona, in English. If the value of the relief sought is US$25,000 or less, the arbitration will be conducted based solely on written submissions; provided, however, either of us may request to have the arbitration conducted by telephone or in-person hearing, which request shall be subject to the arbitrator's discretion. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Keeping in mind that arbitration must remain a fast and economical process, no discovery or exchange of information between us is contemplated. Upon request by either of us, the arbitrator may direct specific information be exchanged and may issue a protective order limiting the use and disclosure of exchanged information; provided however, the scope of information the arbitrator may direct to be exchanged shall be limited to what the arbitrator determines is needed to provide for a fundamentally fair process. Either party may file a disposition motion to narrow the issues.

YOU AND MOVAIDE EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND WHITEPAGES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If any clause within this Section 12.10 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 12.10, and the remainder of this Section will be given full effect. If the arbitrator determines this Section 12.10 is unenforceable, invalid, or has been revoked as to any claim(s), then the Dispute as to such claim(s) will be decided by the courts in the state of Arizona, Maricopa County, or the United States District Court for the of Phoenix, Arizona, and the parties irrevocably submit to the exclusive jurisdiction of such courts. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 12.10 will be unenforceable, and the Dispute will be decided by the courts of the state of Arizona, Maricopa County, or the United States District Court for the of Phoenix, Arizona, and the parties irrevocably submit to the exclusive jurisdiction of such courts.

The Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern this Agreement and any Dispute that might arise between MovAide and you. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.

11.11 Entire Agreement

These Terms, Payment Policy, and Privacy Policy are the entire and exclusive agreement between you and MovAide (excluding any services for which you have a separate agreement with MovAide that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between MovAide and you regarding the Services.

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MovAide.com Privacy Policy

Last updated on October 26, 2021

This Privacy Policy is designed to provide you with information regarding data collection and use in connection with our products and services that post or include a link to this Privacy Policy. This Privacy Policy explains how MovAide uses the data collected by its websites, products, and services, but does not apply to databases or third parties that we do not control. MovAide is located in the United States. The records we use are limited to and obtained within North America, and some of our products and services are limited for use only in the United States and its territories.

A. INFORMATION WE COLLECT

1. Why do we collect data?

We collect data in order to effectively provide useful products and services to you and others. We also use this data to improve the quality of those products and services.

2. What kind of data do we collect directly?

We collect information such as:

(a) Contact and demographic data: We may collect your first and last name, email address, postal address, phone number, and other similar contact data. We also may collect data about you such as your age, country, and preferred language.

(b) Account credentials: We collect passwords and similar security information used for authentication and account access.

(c) Usage data: We collect data about how you use our services. This includes, but is not limited to, data such as the search terms you enter, the pages you visit, the links you hover over and click on, and your purchases. We may also collect data about your device such as IP address, device identifiers, and data about the network, operating system, or software you use to connect to our services.

(d) Location data: When you enable location-based features of our products, we may collect location data, such as GPS coordinates. We may also collect location data derived from your IP address.

(e) Payment data: If you make a purchase, we collect data necessary to process your payment, such as your name, credit card number, and security code.

When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a product or service, you may not be able to use some features or services.

3. How do we collect data?

The data we collect is from the services that you use. You provide some data directly, such as when you create an account, submit a search query, or contact us for support. Our servers collect information known as “log data,” that includes your IP address, the time your computer or device visited the site, the URL of the website you arrived from, and the type of device or browser you used to access the site. We also get information by recording how you use our services and whether you navigate between our services and others'. For example, we use cookies (small text files placed on your device) and web beacons (small graphic images contained in a web page or email), and may receive usage data from software running on your device.

4. Do we get data anywhere else?

At this time we DO NOT obtain information about users (and non-users) from third party sources, including surveys or questionnaires, data licensors, public records, affiliated entities, marketing companies, and other consumers who use our products. This kind of information is used to validate and enrich information in databases to provide and improve services to users of products.

5. How do we use the data we collect?

We use data to provide quality services and customer support to our users. We also use data to verify information we have received from public and third-party sources to help us analyze the usage and effectiveness of our services to improve our services. We may use data to resolve disputes, enforce our agreements and to protect our users against fraud and abuse. We may also use data to send you communications, including promotional communications or to serve advertising to you.

6. Do we share the data we collect? Why?

We share data as necessary to complete any transaction or provide any service you have requested or authorized. For example, when you provide payment data to make a purchase, we will share payment data with entities that process payment transactions, and for fraud prevention and credit risk reduction. We also provide data to consumer users of MovAide’s services.

We may disclose and sell data as part of a corporate transaction such as a bankruptcy, merger, acquisition, or sale of assets. We also share data when we have a good faith belief that doing so is necessary to comply with applicable law, to respond to a legal process, such as a subpoena, or to help prevent the loss of life or serious injury of anyone. Under certain circumstances, applicable law may prohibit or require us to provide you with additional notice regarding sharing of data. We may, unless legally required to provide you notice, disclose data in response to a subpoena without giving you notice.

7. How do we protect your information?

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer/phone, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

8. How do you access and control your personal information?

You may use your account to access, correct, or change any personal information that you have provided to us or that is associated with your account. You may also email our customer support team at movaideus@gmail.com. We will respond to your request within 30 days. Please note that your ability to correct or change your personal information does not extend to information that we may have received from third parties.

If you would like to stop receiving marketing materials messages from MovAide, please provide us with the email address you would like to unsubscribe by contacting us at movaidemarketing@gmail.com. Please note that you may still receive account notices from us, if applicable. If you would like to remove an account associated with your identity, please email us at movaideus@gmail.com.

CALIFORNIA RESIDENTS, PLEASE NOTE: If you are a resident of California, you have additional data rights under the California Privacy Protection Act (CCPA). You can review those rights and how to exercise them here.

B. INFORMATION COLLECTED BY THIRD PARTIES

1. What information is collected by third parties when I use your products?

Third parties may collect information during your visits to our website and use of our mobile products and services. Such information includes searches you perform (e.g. category of business, location) and general information about you (e.g., browser type, mobile device type, unique user ID, mobile carrier, IP address, date and time of your visits, locality, pages viewed). Certain products and services may collect specific information such as your name, phone number, IP address, etc., but unless you provide specific details about yourself, information collected by such third parties will generally be limited to non-personally identifiable information.

2. How is information collected by third parties?

Third parties may collect information by using cookies, web beacons, or GPS information. A cookie is a small file that contains a unique ID tag and stores information (e.g., pages visited, information voluntarily provided). A web beacon is a small graphic file used to identify if a page has been viewed. GPS information may include city, state and other information when you use our products or services on a GPS-enabled mobile device.

3. Why do these third parties collect information?

Third parties may collect information in order to (i) deliver relevant online and mobile advertising to you both on and off our sites; (ii) help us provide or analyze usage and effectiveness of our services; and (iii) for their own business purposes (e.g., such as to report aggregate, non-personally identifiable information about the use of their services and technologies).

4. How will they use the information they collect? Will they share it?

Collection and use of data is subject to the privacy policies of the third party companies with whom we work, such as the privacy policy of Amazon or Google. Accordingly, please review those policies for specific information. If you prefer not to have your data collected and analyzed by Google, you may install the Google Analytics Opt-out Browser Add-on. If you prefer to opt-out of personalized advertising from Amazon, click here.

5. How do I stop the collection and use of my information by third parties?

To stop collection of information in connection with the use of our services, you will need to stop using them. Browser settings may allow users to automatically transmit a “Do Not track” signal to web sites and online services, but there is no consensus on how “Do Not track” should be interpreted. MovAide currently does not alter its practices when it receives a “Do Not track” signal from a user's browser.

6. What about interest-based advertising?

We follow the Self-Regulatory Principles for Online Behavioral Advertising (about the collection and use of data for interest-based advertising) and expect third parties to comply with the disclosure and notification program specified by principles. This means that third parties collecting and using this data are asked to provide a standard icon/link in or near their advertisements that will provide you with additional data about their privacy and advertising practices, as well as with the opportunity to directly opt-out of having your information collected.

C. MISCELLANEOUS

1. Children’s privacy

Our services are not intended for children under the age of 18. We do not knowingly publish information for anyone under the age of 18. If you know of anyone under the age of 18 whose information is published through our services, or have other concerns about children’s privacy, please write to MovAide Privacy Manager, 2917 W. Grandview Rd, Phoenix, AZ 85053 or contact Customer Service at movaidelegal@gmail.com.

2. Changes to the Privacy Notice

Please see the date at the top of this page for information about when it was last updated. We encourage you to periodically review this page for the latest information on our privacy practices.

3. How do you contact us?

If you have any questions about this policy, please write to MovAide Privacy Manager, 2917 W. Grandview Rd, Phoenix, AZ 85053 or contact Customer Service at movaidelegal@gmail.com.

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