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⌊Terms Of Service Agreement⌉
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/27/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shallgovern the relationship with our users and others which may interact or interface with Excalibur Moving Group, located at 639 E ocean ave Boynton Beach fl 33435 and our subsidiaries and affiliates, in association with the use of the Excalibur Moving Group website, whichincludes www.ExcaliburMovingGroup.com, (the “Site”) and its Services, which shall be definedbelow.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
We are a Moving Brokerage, providing services to the lower 48 states of the US.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services providedfor the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through ourwebsite and applications, which may include some mobile applications and that thoseapplications may be made available on various social media networking sites and numerous otherplatforms and downloadable programs, are the sole property of Excalibur Moving Group, INC.At its discretion, Excalibur Moving Group may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shallapply to any and all additional Services and/or products and any and all updated, modified orrevised Services unless otherwise stipulated. Excalibur Moving Group does herebyreserve the right to cancel and cease offering any of the aforementioned Services and/orproducts. You, as the end user acknowledge, accept and agree that Excalibur Moving Group shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance ofany of our Services and/or products. Your continued use of the Services provided, after such posting ofany updates, changes, and/or modifications shall constitute your acceptance of such updates, changesand/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.Should you not agree to the updated, revised or modified terms, you must stop using the providedServices forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall beprovided “AS IS” and as such Excalibur Moving Group shall not assume any responsibility orobligation for the timeliness, missed delivery, deletion and/or any failure to store user content,communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any governmentexport exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the useof our network Services to any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile, chemicalor biological weaponry end uses that would be a violation of the U.S. export laws;
agree not to post, transfer nor upload any software, technology or any other technical datawhich would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Excalibur Moving Group shall not lay claim to ownership of any content submitted by anyvisitoror user, nor make such content available for inclusion on our website Services. Therefore,you hereby grant and allow for Excalibur Moving Group the below listed worldwide,royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of Excalibur Moving Group sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on ournetwork Services is for the sole purpose of providing and promoting the specific area towhich this content was placed and/or made available for viewing. This license shall beavailable so long as you are a member of Excalibur Moving Group sites, andshall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of Excalibur Moving Group sites, the license providedto permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publiclydisplay said Content on our network Services are for the sole purpose of providing andpromoting the specific area in which this content was placed and/or made available forviewing. This license shall be available so long as you are a member of Excalibur Moving Group sites and shall terminate at such time when you elect to discontinueyour membership.
For any other content submitted or made available for inclusion on the publicly accessibleareas of Excalibur Moving Group sites, the continuous, binding and completelysub-licensable license which is meant to permit to use, distribute, reproduce, modify,adapt, publish, translate, publicly perform and/or publicly display said content, whether inwhole or in part, and the incorporation of any such Content into other works in anyarrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Excalibur Moving Group sites are those such areas of our network properties which are meant to be available to thegeneral public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Excalibur Moving Group provides an area for our users to contribute feedback to ourwebsite. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) toour site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
Excalibur Moving Group shall not be liable or under any obligation to ensure or maintain confidentiality,expressed or implied, related to any Contributions;
Excalibur Moving Group shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;
the contributor’s Contributions shall automatically become the sole property of Excalibur Moving Group ;
Excalibur Moving Group is under no obligation to either compensate or provide any form of reimbursementin any manner or nature.
All users herein agree to insure and hold Excalibur Moving Group, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for anyclaim or demand, which may include, but is not limited to, reasonable attorney fees made by anythird party which may arise from any content auser of our site may submit, post, modify, transmitor otherwise make available through our Services, the use of Excalibur Moving Group Services or your connectionwith these Services, your violations of the Terms of Service and/or your violation of any suchrights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to Excalibur Moving Group’s sites.
Excalibur Moving Group shall reserve the right at any time it may deem fit, to modify,alter and or discontinue, whether temporarily or permanently, our service, or any part thereof,with or without prior notice. In addition, we shall not be held liable to you or to any third party forany such alteration, modification, suspension and/or discontinuance of our Services, or any partthereof.
Any correspondence or business dealings with, or the participation in any promotions of,advertisers located on or through our Services, which may include the payment and/or delivery ofsuch related goods and/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely between you and any suchadvertiser. Moreover, you herein agree that Excalibur Moving Group shall not be heldresponsible or liable for any loss or damage of any nature or manner incurred as a direct result ofany such dealings or as a result of the presence of such advertisers on our website.
Either Excalibur Moving Group or any third parties may provide links to other websitesand/or resources. Thus, you acknowledge and agree that we are not responsible for theavailability of any such external sites or resources, and as such, we do not endorse nor are weresponsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that PurpleHeart Moving Group, INC shall not be responsible or liable, directly or indirectly, for any suchdamage or loss which may be a result of, caused or allegedly to be caused by or in connectionwith the use of or the reliance on any such content, goods or Services made available on orthrough any such site or resource.
You do hereby acknowledge and agree that Excalibur Moving Group’s Services and anyessential software that may be used in connection with our Services (“Software”) shall containproprietary and confidential material that is protected by applicable intellectual property rights andother laws. Furthermore, you herein acknowledge and agree that any Content which may becontained in any advertisements or information presented by and through our Services or byadvertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.Therefore, except for that which is expressly permitted by applicable law or as authorized byExcalibur Moving Group or such applicable licensor, you agree not to alter, modify, lease,rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristicworks which are based on Excalibur Moving Group Services (e.g. Content or Software),in whole or part.Excalibur Moving Group herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a singlecomputer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attemptto locate or discern any source code, sell, assign, sublicense, grant a security interest in and/orotherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter orchange the Software in any manner, nature or form, and as such, not to use any modifiedversions of the Software, including and without limitation, for the purpose of obtainingunauthorized access to our Services. Lastly, you also agree not to access or attempt to accessour Services through any means other than through the interface which is provided by Excalibur Moving Group for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF Excalibur Moving Group SERVICES AND SOFTWAREARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BEPROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Excalibur Moving Group AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALLWARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUTNOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Excalibur Moving Group AND OUR SUBSIDIARIES, OFFICERS,EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCHWARRANTIES THAT (i) Excalibur Moving Group SERVICES ORSOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) PURPLE HEART MOVINGGROUP, INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE USE OF THE Excalibur Moving Group SERVICES ORSOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASEDOR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEETYOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF Excalibur Moving Group SERVICES OR SOFTWARE SHALLBE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOUSHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMSAND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTERAND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANYLOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCHINFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM Excalibur Moving Group OR BYWAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANYWARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Excalibur Moving Group, INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANYPUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TOTHE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLELOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THATSAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Excalibur Moving Group (and itsofficers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners andany other third parties) from claims, demands and damages (actual and consequential) of everykind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,alerts or other information from our Services concerning companies, stock quotes, investments orsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase “Let the investor beware” isappropriate. Excalibur Moving Group’s content is provided primarily for informationalpurposes, and no content that shall be provided or included in our Services is intended for tradingor investing purposes. Excalibur Moving Group and our licensors shall not be responsibleor liable for the accuracy, usefulness or availability of any information transmitted and/or madeavailable by way of our Services, and shall not be responsible or liable for any trading and/orinvestment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in thisTOS, that there shall be no third-party beneficiaries to this agreement.
Excalibur Moving Group may furnish you with notices, including those with regards toany changes to the TOS, including but not limited to email, regular mail, MMS or SMS, textmessaging, postings on our website Services, or other reasonable means currently known or anywhich may be herein after developed. Any such notices may not be received if you violate anyaspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance ofthis TOS constitutes your agreement that you are deemed to have received any and all noticesthat would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Excalibur Moving Grouptrademarks, copyright, trade name, service marks, and other Excalibur Moving Grouplogos and any brand features, and/or product and service names are trademarks and as such,are and shall remain the property of Excalibur Moving Group. You herein agree not todisplay and/or use in any manner the Excalibur Moving Group logo or marks withoutobtaining Excalibur Moving Group’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Excalibur Moving Group will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its solediscretion, Excalibur Moving Group may disable and/or terminate the accounts of anyuser who violates our TOS and/or infringes the rights of others. If you feel that your work hasbeen duplicated in such a way that would constitute copyright infringement, or if you believe yourintellectual property rights have been otherwise violated, you should provide to us the followinginformation:
The electronic or the physical signature of the individual that is authorized on behalf of theowner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner’s behalf.
The Excalibur Moving Group Agent for notice of claims of copyright or other intellectualproperty infringement can be contacted as follows:
Excalibur Moving Group
Attn: Copyright Agent
639 E Ocean Ave Boynton Beach fl 33435
Email:INFO@Excalibur Moving Group.COM
BE IT KNOWN, that Excalibur Moving Group complies with all applicable FederalCommunications Commission rules and regulations regarding the closed captioning of videocontent. For more information, please visit our website at www.purpleheartmovinggroup.com.
This TOS constitutes the entire agreement between you and Excalibur Moving Groupand shall govern the use of our Services, superseding any prior version of this TOS between youand us with respect to Excalibur Moving Group Services. You may also be subject toadditional terms and conditions that may apply when you use or purchase certain other Excalibur Moving Group Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Excalibur Moving Group with regard to theTOS that the relationship between the parties shall be governed by the laws of the state of Floridawithout regard to its conflict of law provisions and that any and all claims, causes of action and/ordisputes, arising out of or relating to the TOS, or the relationship between you and Excalibur Moving Group, shall be filed within the courts having jurisdiction within the County of PalmBeach County, Florida or the U.S. District Court located in said state. You and Excalibur Moving Group agree to submit to the jurisdiction of the courts as previously mentioned, andagree to waive any and all objections to the exercise of jurisdiction over the parties by such courtsand to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Excalibur Moving Group fail to exercise or enforce any right orprovision of the TOS, such failure shall not constitute a waiver of such right or provision. If anyprovision of this TOS is found by a court of competent jurisdiction to be invalid, the partiesnevertheless agree that the court should endeavor to give effect to the parties’ intentions asreflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the TOS must be filed within1year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Excalibur Moving Group as follows:
Excalibur Moving Group
639 E Ocean Ave Boynton Beach FL 33435