MoveFrog.com Terms of Use/Privacy Policy
PLEASE READ THE FOLLOWING TERMS OF USE/PRIVACY POLICY CAREFULLY! THIS IS YOUR BINDING AGREEMENT WITH SYMP, LLC DBA MOVEFROG.COM ("MOVEFROG", "US", "WE", "OUR" OR SIMILAR WORDS, FOR SHORT) THAT YOU AGREE WITH AND ACCEPT EVERYTHING IN THE TERMS OF USE/PRIVACY POLICY FOR AS LONG AS YOU USE OR ACCESS THE MOVEFROG WEBSITE OR ANY BUTTONS OR LINKS THEREON, ALL OF WHICH ALLOW LANDLORDS AND PROPERTY MANAGERS TO PROVIDE RENTAL LISTINGS TO POTENTIAL RENTERS WHO NOW HAVE A COMPLETE DATABASE OF AVAILABLE RENTAL PROPERTIES AND RELATED SERVICES (COLLECTIVELY, THE "SERVICE").
1. ACCEPTANCE OF TERMS
Welcome! We provide our services to you as stated herein. The following Terms of Use/Privacy Policy may be modified from time to time without direct notice to you. Each time you use or access the Service you agree to be bound by these terms and all other terms and conditions posted on the Service. You may always review and download a copy of the most current version of these terms by clicking on the "Terms of Use/Privacy Policy" button on the bottom of the MoveFrog.com home page. It is your responsibility to review the current terms before each use of the Service. Please read the entire Terms of Use/Privacy Policy carefully.
2. DESCRIPTION OF SERVICES
We are an online service that provides potential renters with access to a database of available rental properties, including photos, addresses, and full information for all listed vacancies. The Service also provides resources to assist users with other aspects of moving such as locating moving services, obtaining discounts on moving expenses, and allowing users to interact and discuss rental market issues. Landlords, property managers and the like are able to list available rentals on the website at no charge. We reserve the right, at any time, in our sole discretion, without notice to you to: change, modify, and/or update all or part of the Service and/or restrict access to, suspend and/or discontinue all or part of the Service.
The Service is provided "AS-IS" and we make no claims, guarantees or warranties of any kind or nature, now or later contemplated, express or implied, in regard to the accuracy, completeness, legality or decency of any information, data, text, sounds, photos, videos, goods, services, and any other materials and information of any kind or nature now or later contemplated that is available or accessible via the Service at any time (collectively, "Content"), all of which you access at your sole risk. We cannot accept any responsibility for any errors or omissions and/or for any liability resulting from your use or misuse of any Content, including, but not limited to, the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings. We also reserve the sole right to refuse and/or delete any Content which fails to meet our standards and/or which we believe may violate any right(s) of any third party.
We do not actively participate in lease transactions, including, but not limited to, proposals, negotiations or discussions. We have no fiduciary duties to landlords, renters, or any other persons, nor do we have the obligation to inspect properties or verify the truthfulness of the Content. We always try to ensure the accuracy of all of the Content, but cannot be responsible for the accuracy of rental listings and other information provided by users of the Service, including, but not limited to, renters, landlords and property agents. We invite you to contact us immediately if you find any information on our website that you believe to be inaccurate.
3. YOUR REGISTRATION OBLIGATIONS
As a condition to your use of the Service, you agree to provide and keep current and updated information about yourself as prompted by the Service's registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the sole right to suspend or terminate at any time, without notice to you, your ability to use and/or access the Service. The individual you name and identify in the Registration Data is solely responsible for the use made of their Service username and password. Access to the Service is limited to registered users only and you must not allow anyone else to gain access to the Service using your username or password.
IF YOU ARE UNDER THE AGE OF 18, CLICKING ON ANY BUTTON OR LINK ON THE MOVEFROG WEBSITE SIGNIFIES THAT YOUR PARENT OR LEGAL GUARDIAN HAS READ, UNDERSTOOD AND FULLY AGREES TO BE BOUND BY THE TERMS OF USE/PRIVACY POLICY FOR AS LONG AS YOU AND/OR THEY USE THE SERVICE AND MAKES THE TERMS OF USE/PRIVACY POLICY A BINDING AND EFFECTIVE AGREEMENT BETWEEN THIS PARENT OR LEGAL GUARDIAN AND US.
4. YOUR CONDUCT
You understand that all Content is the sole responsibility of the person or entity ("Person") from which such Content originated. We do not control any Content accessible via the Service and do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any manner for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or damage of any kind or nature claimed or incurred by you or any other Person as a result of use of the Service.
Without limitation, you agree to not use the Service to:
- Upload, transmit or otherwise make available any Content that you do not have a right to so upload, transmit or make available under applicable law, contract, or fiduciary relationship, or that may infringe upon any rights of any kind or nature now or later contemplated by any Person.
- Interfere with, disrupt or attempt to gain unauthorized access to the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Violate any law of any kind or nature or any regulations having the force of law anywhere;
- Reproduce, duplicate, copy, sell, exhibit, distribute, display or otherwise exploit in any manner for any purpose, any portion of Content accessible via the Service;
- Impersonate anyone else, especially our representative, or falsely state or otherwise represent your affiliation with any Person, any information you give to us and/or the origin of any such information.
5. INDEMNITY
You agree to fully and effectively, upon demand, indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, partners, representatives, successors, assigns, officers, directors, attorneys, distributors, licensees, licensors and employees, free, safe and harmless from and against any and all claims, liabilities, costs, demands and expenses (including, without limitation, all attorney’s fees, accountant’s fees and actual costs) occasioned by or arising out of any breach or alleged breach of or any claims inconsistent with your obligations under these Terms of Use, including, without limitation, those made by any third party due to or arising out of Content you make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of any Person. We shall give you written notice of any such claim, demand or action, and you shall undertake at your sole cost and expense the defense thereof, and shall supply us with competent and experienced counsel solely acceptable to us to defend any such liability, claim, suit or proceeding, the final disposition and control of same (by settlement, compromise or otherwise) shall be and remain with us.
6. TERMINATION
You agree that we may, in our sole discretion, and without prior notice to you, immediately terminate your access to the Service, for reasons including, but not limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service; (e) technical issues or problems, and (f) extended periods of inactivity.
If you are terminated, we may, among other things: (a) cause removal of access to all Content, (b) delete all related information, files and Content associated with or inside your account (or any part thereof), and (c) bar further use of the Service. You agree that we shall not be liable to you or any Person for any termination of your account, or your access to the Service.
You can terminate your account with us, and our ability to use the information you’ve provided to us, by sending us written notice of termination. The termination will be effected no more than 10 days after we receive such notice.
7. OUR PROPRIETARY RIGHTS
The Service and any software used in connection with the Service (the "Software") contains proprietary and confidential information of ours and certain Persons, including, but not limited to, copyrights, trademarks, patents, services marks, trade dress, trade secrets, source codes and object codes, that is protected by applicable intellectual property and other laws. Except as may be expressly authorized by us, you agree not to, and to not allow any Person to modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in, distribute, reverse engineer, disassemble, reverse assemble, or otherwise attempt to discover any source code, compile, remove, alter, destroy, display, reproduce, make copies of, perform, create derivative works based on and/or transfer any rights of any kind or nature, now or later contemplated, in or to the Service or the Software, in whole or in part.
As between you and us, with the sole exception of anything you submit to us, we solely own and control, from inception, in perpetuity, any and all rights, titles and interests of any kind or nature now or later contemplated in and to the Service and the Content, including, but not limited to, all renewals and extensions thereof and any and all fixations in any media now or later contemplated embodying the same, all reproductions made therefrom and the sole right to use and control same in our sole discretion. Any and all rights of any kind or nature now or later contemplated not expressly granted to you hereunder, are expressly reserved to and by us.
8. DISCLAIMER OF WARRANTIES
The Service is provided without warranties of any kind or nature, whether express, implied or statutory, including, but not limited to, any implied warranty of merchantability, fitness of the Service for a particular purpose, the quality, accuracy or validity of any Content, that the Service or Content will be error free, uninterrupted, timely or secure, that defects will be corrected, that the Content, Service and/or server(s) that make them available are free of viruses and/or any other harmful components, that the Service will meet your requirements or expectations and/or the non-infringement of any Person’s rights, all of which we disclaims to the fullest extent permissible per applicable law.
Your dealings with other Persons promoted on or through the Service, including, but not limited to, payment and delivery of goods or services therefrom, and any other terms, conditions, warranties or representations associated with such dealings,are solely between youand such other Persons. We shall not be responsible or liable for any loss or damage of any kind or nature now or later contemplated that you or any Person may incur as a result of any such dealings, and/or as the result of the promotion of such other Persons on or through the Service.
9. LIMITATION OF LIABILITY
You expressly understand and agree that neither we nor any of our subsidiaries, directors, employees, designees, officers, successors, assigns, agents, affiliates, distributors, licensees, and/or attorneys shall be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, loss of use, loss of data, lost profits, lost opportunities and/or other tangible or intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any Content purchased or obtained or messages received or transactions entered into via the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any Persons on the Service; or (v) any other matter of any kind or nature, now or later contemplated, relating to the Service. In any case, our entire liability under or existing out of these Terms of Use is limited to the sum total of payments made by you directly to us hereunder.
10. NOTICE
Notices to you may be made via email. The Service may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Service. Any written notice you want to give us should be sent to: 8033 Sunset Blvd. #827, Los Angeles, CA 90046; fax: 1-866-270-0198 ; e-mail: info@movefrog.com. Please report any violations of the Terms of Use to us immediately.
11. TRADEMARK INFORMATION
All MoveFrog logos and all other MoveFrog product and service names are trademarks and/or service marks of SYMP, LLC, dba MoveFrog and MoveFrog.com (the "Marks").
12. PRIVACY POLICY
We are committed to your privacy. Please be aware that we may collect and use pursuant to this privacy policy and in any legal manner: personal information about you that is personally identifiable like your name, address, email address, or phone number and that is not otherwise publicly available; your preferences and uses of e-mail updates, recorded by e-mails we send you; your IP address (the string of numbers you need for your computer that is recorded by our server(s) when you access any page or component of the Service); information related to your products and/or services; and, data we record that allows us to recognize you and your preferred settings, which primarily saves you from re-entering information on return visits to the Service. This data is recorded locally through the use of "cookies" (which is a small amount of data, usually including an anonymous unique identifier sent to your browser from a website’s computers and stored on your computer’s hard drive). Most browsers can be programmed to reject or warn you before downloading cookies. Information regarding this may be found in your browsers’ "Help" facility, but blocking cookies may impair your operation of and access to the Service.
This Privacy Policy does not apply to the practices of companies that we do not own or control, or to Persons that we do not directly employ or manage.
- General
We collect personal information when you access the Service in any manner. We may combine your information with information we obtain from business partners or other Persons. We do not independently verify the accuracy or correctness of any such collected or provided information. We may use your information to deliver services you have requested to: fulfill any applicable legal, administrative and/or regulatory requirements then in effect; send you newsletters, information on developments on the Service and/or special offers and events available to you via the Service; and, provide information our business partners for administrative purposes such as, but not limited to, sorting data and monitoring how people like you use the Service. - Information Sharing and Disclosure
We will not disclose your personal information to any Persons other than those mentioned in this Privacy Policy and will not knowingly use your personal information for any other purpose than those mentioned in this Privacy Policy. However, you are aware that our business partners and others, who may have access or links to the Service, may have the ability to collect personally identifiable information about you on or for their sites. In addition, our website may, from time to time, provide links to other websites that may collect personally identifiable information about you. THE INFORMATION AND ALL OTHER PRACTICES OF THOSE WEBSITES ARE NOT COVERED BY THIS PRIVACY POLICY. We cannot monitor or control your use of any Content that you are able to obtain as discussed herein.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to comply with current judicial, administrative and/or regulatory proceedings, situations involving potential threats to the physical or professional safety of any Person, violations of the Terms of Use or as otherwise required by law or deemed advisable in our sole good faith discretion. - Confidentiality and Security
We generally limit access to personal information about you to our employees and contractors who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
We also have physical, electronic, and procedural safeguards to protect personal information about you. However, certain non-personal information of yours may be recorded by the standard operation of the servers that operate the Service. This information is used, if at all, to provide an enhanced on-line experience for the visitor. The type of information can include, without limitation, the type of browser and/or operating system being used by the visitor and the domain name of the visitor’s Internet service provider. Other uses of this information by us may include internal review of the number of users of the Service, only in an aggregate and non-personally identifiable form.
13. GENERAL INFORMATION
This Terms of Use/Privacy Policy constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. The Terms of Use/Privacy Policy can only be changed or modified by us as provided for herein. You and we are independent contractors. Our waiver of any provision of the Terms of Use/Privacy Policy or of any breach or default by you in any specific instance shall not affect our rights to later enforce such provision or to exercise any right or remedy in the event of any other actual or alleged breach or default, whether or not similar. You also understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. If any provision of the Terms of Use/Privacy Policy is found by a court or arbitration of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use/Privacy Policy remain in full force and effect. Nothing contained in the Terms of Use/Privacy Policy shall be construed to require the commission of any act contrary to law. The headings in the Terms of Use/Privacy Policy are for convenience only. Any rights and remedies of any kind or nature shall be deemed cumulative and not exclusive to one another. In the event of any action, suit or proceeding hereunder, the prevailing party shall be entitled to recover its reasonable attorney’s fees and actual costs of such action, suit or proceeding from the non-prevailing party. The court or arbitrators, as applicable, shall determine the prevailing party, whether or not such dispute or controversy proceeds to final adjudication.
This Agreement has been made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed by the laws of the State of California applicable to contracts negotiated and to be performed entirely in such State. Any claim, dispute or disagreement arising out of, connected with, or in respect of this Agreement shall be brought for an exclusive adjudication in the State of California, at our sole election either: in the Federal or State Courts located in Los Angeles, California; or for binding arbitration by JAMS located in Los Angeles, California, subject to the rules promulgated by such association relating thereto. Judgment upon any award rendered by the arbitrator(s) may be entered in any California Court having jurisdiction thereof. This arbitration provision shall remain in full force and effect notwithstanding the nature of any claim or defense hereto. Each party hereto waives any claim that such Courts or JAMS in Los Angeles, California do not have jurisdiction or are an inconvenient forum. Any process in any such action or proceeding may, in addition to personal service, be served by a party if delivered by Registered or Certified Mail on the earlier of five days after posting of the date received on the return receipt, or by fax or Federal Express or other confirmed delivery service ("Delivery Service" for short), on the date of receipt by the recipient, provided that for fax transmissions the sender receives written or printed confirmation of successful transmission. Any such service shall be deemed to have the same force and effect as personal service within California.
IF YOU AGREE WITH EVERYTHING IN THE TERMS OF USE/PRIVACY POLICY, PLEASE CONTINUE TO USE THE MOVEFROG SERVICE. IF YOU DO NOT AGREE, EXIT THE SERVICE BEFORE CLICKING ON ANY OTHER BUTTONS OR LINKS.