Terms of Use

  1. Agreement Between You and GigaMoves.com

    Thank you for using our services available at www.gigamoves.com (the “Website”).  The following terms and conditions (the "Terms and Conditions") apply to your use of this Website. By accessing this Website, you explicitly accept these Terms and Conditions.  We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement, and incorporating these Terms of Use by reference.  The term “Agreement” shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy, any other terms and conditions posted on this Website, and any other written agreement between you and us.  In the case of any violation of our Agreement, Viva Group, Inc. and its subsidiaries, its parent company, eBay Inc., and its subsidiaries (collectively, "GigaMoves.com" or “we”, “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website.  For purposes of our Agreement, the term “Website” may, at GigaMoves.com’s option, include any current or future domestic co-branded websites, private-label websites, and/or international websites in which GigaMoves.com currently participates or may participate in the future with regard to moving quotes.   

  2. Fees and Services

    Through our Website, we offer a service that allows consumers to request moving quotes from multiple moving companies, in one convenient step.  Similarly, moving companies can use our services to identify such consumers and offer them moving services.

    • Moving Quote Requesters.  If you are a consumer seeking a moving quote, there is no charge to you to use this Website and to seek a moving quote. You will be asked to provide information relevant to your intended move, including the origin and destination information, move date, and the category of move (e.g., automobile or full-service). Using our internal criteria, we will provide your request to up to four moving companies; however, if you request a quote on more than one type of move, then your request will be provided to up to seven total moving companies but no more than four in one category of move.  By requesting a moving quote, you are expressly consenting to our providing your information to third-party moving companies and authorizing such moving companies to contact you regarding their services.  The moving companies may contact you by telephone, email, or mail based on the information you provided to us in order to process and fulfill your request.  Please see the Privacy Policy for more information.
    • Moving Companies.  If you are a moving company desiring to use our services, contact us. 
  3. General Use Provisions; and Copyright

    To assure the value of GigaMoves.com services, you agree that all of the information you have provided to GigaMoves.com, whether online or otherwise, is accurate and complete. All materials provided on this Website, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of GigaMoves.com and/or its vendors or suppliers. All Materials herein and all GigaMoves.com software are proprietary to GigaMoves.com and are protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of GigaMoves.com.

  4. Limited License

    GigaMoves.com hereby authorizes you to view, copy, download and print the Materials available on this Website, provided that: (1) if you are a moving quote requester, the Materials are used solely for personal, non-commercial purposes and if you are a moving company, the Materials are used only for the purposes of using the services expressly offered by GigaMoves.com for your business; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of GigaMoves.com.  Solely to enable GigaMoves.com to use the information you supply to us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. GigaMoves.com will only use your information in accordance with our Privacy Policy.

  5. Trademarks

    The term “GigaMoves.com” and any other trademarks, trade names and service marks (the "Marks") displayed on this Website are the property of GigaMoves.com or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of GigaMoves.com or such other owner.

  6. Access and Interference

    This Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of GigaMoves.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

  7. No Unlawful or Prohibited Use

    As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices.  In addition, you will not:

    • use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
    • circumvent or manipulate our fee structure, the billing process, or fees owed to GigaMoves.com;
    • distribute or post spam, chain letters, or pyramid schemes;
    • distribute viruses or any other technologies that may harm GigaMoves.com or the interests or property of GigaMoves.com users;
    • copy, modify, or distribute content from the Website or GigaMoves.com’s copyrights and trademarks;
    • impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
    • provide inaccurate contact information or other information relative to your move;
    • harvest or otherwise collect information about users, including email addresses, without their consent.
  8. Links to Third-Party Websites

    This Website may contain links to websites operated by parties other than GigaMoves.com. Such hyperlinks are provided for reference only. GigaMoves.com does not control such websites and is not responsible for their contents. GigaMoves.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk.

  9. General Disclaimer

    Although GigaMoves.com has attempted to provide accurate information on the Website, GigaMoves.com assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. GigaMoves.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

  10. Limitation on Liability

    Neither GigaMoves.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Website or any GigaMoves.com advertisement, or damages from the use of or reliance on the information present on this Website, even if GigaMoves.com has been advised of the possibility of such damages.

  11. Modification of the Website

    GigaMoves.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. GigaMoves.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice.

  12. Modification of These Terms of Use

    GigaMoves.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Modification of these terms will be deemed effective upon publication on the Website, unless otherwise specified. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

  13. Privacy

    We view the protection of users' privacy as a very important community principle and will only use your information as described in the Privacy Policy.  If you request a moving quote, we provide your contact and move information to moving companies, and we charge the moving companies a fee for that information.  We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can opt-out of certain communications by emailing us at inquiries@gigamoves.com and put “Unsubscribe” in the subject line.  If you object to your information being transferred or used in this way please, do not use our services.

  14. Nature of GigaMoves.com Services

    GigaMoves.com provides a convenient venue for consumers to request and receive multiple quotes for moving services and for moving companies to identify consumers desiring moving services.  GigaMoves.com is not in any way involved in an actual moving transaction between a consumer and a moving company; it does not negotiate fees for services or provide any actual moving services.  Accordingly, GigaMoves.com is not acting as your agent or broker, and is not responsible in any way for the actual move transaction, including a moving company’s services or a consumer’s payment for such services. In the event that you have a dispute with one or more users, you release GigaMoves.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

  15. Services Not Provided

    Without limiting the generality of the foregoing, you acknowledge and agree as follows:

    • GigaMoves.com does not participate in any actual move transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on GigaMoves.com an obligation to perform any services other than those expressly undertaken by GigaMoves.com;
    • GigaMoves.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, GigaMoves.com strongly advises you to secure the same;
    • GigaMoves.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website.
  16. Indemnity

    You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

  17. Resolution of Disputes

    If a dispute arises between you and GigaMoves.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GigaMoves.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to inquiries@gigamoves.com.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    • Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against GigaMoves.com must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for the purpose of litigating all such Claims or disputes.
    • Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    • Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, GigaMoves.com may recover attorneys' fees and costs up to $1,000, provided that GigaMoves.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
  18. No Agency

    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  19. Notices

    Except as explicitly stated otherwise, legal notices shall be served on GigaMoves.com’s national registered agent (in our case) or to the email address you provide to GigaMoves.com during the quote request or contract process (in your case).  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a moving company, we may give you legal notice by mail to the address provided during the contract process. In such case, notice shall be deemed given three days after the date of mailing.

  20. General

    By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy. GigaMoves.com is located at 2425 Olympic Blvd., Suite 400E, Santa Monica, CA   90404.     If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Website.  Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Website.  This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with regard to any fees you owe us), Release, Content License, Liability, Indemnity and Resolution of Disputes. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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