Account – In order to use part or all of our Services, you may need to create a profile and register into our Site. This account creation may take place by Five Best Movers at your request and consent.
Permission to use the Site – You are permitted to use the Site subject to the restrictions stated herein. You use the Site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. Five Best Movers undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.
Site Access – You agree that our Site may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Site, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Site without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Site unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Site or otherwise authorized by us.
Compliance – Five Best Movers is not responsible for your violation of any laws while using our Site. You must comply with any and all local, state, or federal laws regarding your use of our Site, including, but not limited to, reviews and indications of any local service or establishment. We hereby reserve the right (but not the obligation) to remove and/or edit any content you or other user posts on the Site, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.
Communications from Five Best Movers and other users – By creating an account, you agree to receive certain communications from the Site regarding your account. For example, you will receive notifications on the status of your reviews, and confirmation of account creation. You can also subscribe to emails pertaining to promotions, as well as our e-mail newsletter. You can opt-out of non-essential communications at anytime.
Updates – Five Best Movers hereby reserves the right to update, modify, discontinue or terminate the Site at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, by email and/or short message service. Please, refer to the date shown below for the date where effective changes were last undertaken. Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.
Responsibility for your Content – You are responsible for your Content, and once published, you must contact Five Best Movers directly to have it removed. You assume any risk associated with your Content, including another user’s reliance on its accuracy or reliability, or any information in your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We reserve the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
Our Right to use your Content – We may use your Content in many different ways. This includes publicly displaying it, reformatting it, incorporating it into advertisements, distributing it, and allowing others to do the same on their own websites and media platforms. You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use your Content for any purpose, and you hereby represent and warrant to Five Best Movers that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the Site and any third party publicly accessing the Site, right to access your Content in connection with their use of the Site and any service thereon. Finally, you irrevocably waive, and cause to be waived, against Five Best Movers and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Content. Ownership – You own your Content, and we own the Five Best Movers Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, Company/user review and ratings, and any and all other multimedia elements and/or components of the Site, excluding your Content, the User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the Five Best Movers Content and the Site throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the Five Best Movers Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Site and the Five Best Movers Content are ours. Feedback – When you send or transmit us any ideas, suggestions, reviews, tips, documents or proposals (the “Feedback”), you hereby agree that: (i) your Feedback does not contain any confidential or proprietary information of any third parties, (ii) we are under no obligation of confidentiality towards you, express or implied, with respect to such Feedback, and (iv) you hereto grant us an unlimited, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable, worldwide right and license to use, modify, sublicense, prepare derivative works, publish, distribute, disseminate and otherwise exploit the Feedback, either ourselves or through our affiliates, and you irrevocably waive any claims and assertions of any prime authorship and moral rights thereinto.
Advertising – Five Best Movers may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. These advertisements may be tailored to the content the Site and Companies shown thereinto, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding advertisement opt-out.
Newsletters – You may consent to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive quotes and deals information according to you user preferences. As our user, you will be able to select the amount and volume of emails received by you, along with the prices, travel destinations and other information. You will be able to unsubscribe from our newsletter at anytime.
Other – User Content does not reflect the opinion of Five Best Movers. At our discretion, and without any notice to you, Five Best Movers reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company’s rating and reject subsequent submissions from you, disable your account, or block your IP address. Five Best Movers does not take responsibility for the accuracy or completeness of User Content. You are responsible to use your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other content found on the Site. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Spam – Five Best Movers and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
Restrictions – In connection with your use of the Site, you agree that you shall not:
You shall not use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to Five Best Movers through hacking, password mining or any other means.
Five Best Movers reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.
Limited License and Copyright – Subject to these Terms, Five Best Movers grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials is subject to the restrictions in the Terms.
Trade-marks – The trade-marks, logos and company names of Five Best Movers or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Five Best Movers or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. Except as expressly provided herein, Five Best Movers and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.
Non-infringement – You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify Five Best Movers for any damage resulting from infringement of any third party’s copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a Review, or on or in connection with the Site.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED
LIMITATIONS ON LIABILITY AND DISCLAIMERS – IN NO EVENT SHALL FIVE BEST MOVERS OR ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FIVE BEST MOVERS’ MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF THE SITE AND ANY SERVICES THEREIN SHALL BE LIMITED TO: (I) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE AND ANY SERVICES THEREIN DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITY (IF ANY); OR (II) USD$50 (FIFTY UNITED STATES DOLLARS), WHICHEVER AMOUNT RESULTS INFERIOR. THE USE OF THIS SITE IS AT YOUR OWN RISK AND FIVE BEST MOVERS ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
THE MATERIALS AND INFORMATION ACCESSIBLE THROUGH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FIVE BEST MOVERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. FIVE BEST MOVERS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF ANY REVIEW. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. FIVE BEST MOVERS WILL NOT BE RESONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENDITURES, LOSS OF PROFITS, OR PROSPECTIVE PROFITS OF ANY KIND OR NATURE SUSTAINED OR ARISING OUT OF OR ALLEGED TO HAVE BEEN SUSTAINED OR TO HAVE ARISED OUT OF YOUR USE OF THIS SITE.
YOUR USE OF OUR SITE IS AT YOUR OWN RISK, AND THEREFORE YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE SUPPLY OUR SERVICES “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, INCLUDING ALL CONTENT, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS, AND/OR INFORMATION MADE AVAILABLE THROUGH THE SITE. FIVE BEST MOVERS IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. FIVE BEST MOVERS HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO ANY PURPORTED FACTS OR INFORMATION AND DESCRIPTION OF ANY PRODUCTS DISPLAYED ON OUR SITE, INCLUDING ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER FIVE BEST MOVERS, NOR ITS EMPLOYEES, AFFILIATES, CONTRACTORS AND/OR AGENTS WARRANTEE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR PRODUCE PARTICULAR RESULTS, THAT A QUOTE IS CURRENT, VALID AND/OR UN-EXPIRED, OR THAT THE INFORMATION OBTAINED THEREFROM WILL BE RELIABLE OR ACCURATE. NO ADVICE OR INFORMATION GIVEN BY FIVE BEST MOVERS OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS AND/OR AGENTS SHALL CREATE A GUARANTEE.
Indemnity – You agree at all times to indemnify and defend Five Best Movers, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Five Best Movers directly or indirectly in respect of: (i) any information or other content you provide on or through this Site, including your review(s) or by e-mail or other correspondence; (ii) the violation of these Terms, our Consumer Review Guidelines, and all other documents contained on this Site; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your use or misuse of the content or this Site, including without limitation infringement claims.
Promotions – From time to time, Five Best Movers may offer, either on or through the Site, promotions or games (“Promotions”). You agree to release Five Best Movers and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. Five Best Movers reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
Legal Disputes – Five Best Movers is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and Five Best Movers agree to resolve any dispute that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as Five Best Movers and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly Toll-free: 1-800-258-3898
Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.
Improperly Filed Claims – Claims you bring against Five Best Movers must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow Five Best Movers to recover legal fees provided that Five Best Movers has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.
Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the Province of British Columbia, Canada as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Five Best Movers must be resolved exclusively by provincial or federal court located in British Columbia, Canada except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within British Columbia, Canada.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) totalling an amount of less than $25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances 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.
Force Majeure – Five Best Movers will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Severability – If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Relationship – You and Five Best Movers are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
MoverWise Software Ltd
1 6344 Kingsway, Burnaby, BC V5E 1C5
Info @ MoverWise.com