Acceptable Use Policy

SmartMoving™
Acceptable Use Policy

Last modified: March 18, 2025

Acceptance of SmartMoving’s Acceptable Use Policy

This Acceptable Use Policy is entered into by and between You and SmartMoving Software, LLC (“SmartMoving,” "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Acceptable Use Policy"), govern your access to and use of this website (the “Site”) and any SmartMoving affiliated mobile application (the “App”) made available to you by SmartMoving, including any content, functionality, and services offered on or through the Site or App (the “Services”), whether as a guest or a registered user.

Please read the Acceptable Use Policy carefully before you start to use the Services. By using the Services, signing up for an account, or by clicking to accept or agree to the Acceptable Use Policy when this option is presented to you, you accept and agree to be bound and abide by the Acceptable Use Policy, our Privacy Policy, or the mobile platform Privacy Policy, each incorporated herein by reference. If you do not want to agree to this Acceptable Use Policy or our Privacy Policies, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with SmartMoving and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Acceptable Use Policy

We may revise and update our Acceptable Use Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of a revised Acceptable Use Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or App or the entire Services to visitors and/or registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of the Acceptable Use Policy and complies with it.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you have an account, you must treat your user name, password, or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Acceptable Use Policy.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SmartMoving, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Acceptable Use Policy permits you to use the Services for your personal, non-commercial use only or as provided in your applicable account subscription. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

You may use the materials in accordance with your applicable SmartMoving subscription which is subject to the applicable agreement between you or the applicable accountholder and SmartMoving
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

Modify copies of any materials from this site except as otherwise provided in any applicable subscription agreement.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text except as otherwise provided in any applicable subscription agreement.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any competitive purposes any part of the Services or any services or materials available through the Services. Any use of the Services not expressly permitted by this Acceptable Use Policy is a breach of the Acceptable Use Policy and may violate copyright, trademark, and other laws.

Trademarks

The SmartMoving name, the SmartMoving logo, and all other related names, logos, product and service names, designs, and slogans relating to SmartMoving are trademarks of SmartMoving or its affiliates or licensors. You must not use such marks without the prior written permission of SmartMoving. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with the Acceptable Use Policy. You agree not to use the Services:

In connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming that is in violation of applicable laws;
To store sensitive personal information or otherwise input any sensitive personal information into the Services;
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity, and privacy;
To impersonate or attempt to impersonate SmartMoving, a SmartMoving employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm SmartMoving or users of the Services, or expose them to liability.

Additionally, you agree not to:

Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or Services;
Copy, modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by SmartMoving);
Access or use the Services to probe, scan, test the vulnerability of, benchmark, circumvent, or for purposes of competitive analysis of the Services, the development, provision, or use of a competing or substantially similar software service or product or any other purpose that is to SmartMoving’s detriment or commercial disadvantage;
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;
Remove any proprietary notices or labels;
Allow the shared use of logins or to rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service or otherwise provide the Services for the benefit of a third party;
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in the Acceptable Use Policy, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Send any emails or text communications for purposes of marketing or promoting non-federally legalized products or services or if such communications are barred by relevant industry associations. For example, you will not send text messages through the Services if you are in the cannabis industry, the firearms business or any other illegal or association-prohibited industry;
Use the Services for the purpose of bringing an intellectual property infringement claim against SmartMoving or any Third-Party Product incorporated into the Services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Use the Services for the purpose of collecting or storing any personally identifiable information of other users of the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
Attempt to interfere with the proper working of the Services;
Otherwise access or use the Services beyond the scope of the authorization granted to you under these Terms or any other agreement by which you are granted access to the Services; or
Otherwise encourage or intentionally assist any other person to do any of the foregoing.

User Contributions

The Services may contain interactive features, such as comments, message boards, or bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.

All User Contributions must comply with the Content Standards set out in the Acceptable Use Policy.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the revocable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Further, you hereby grant SmartMoving and our affiliates and service providers a limited, revocable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties for any purpose any reviews or comments that you may make or post about SmartMoving on a third-party platform.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with the Acceptable Use Policy.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SmartMoving, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Acceptable Use Policy, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for SmartMoving.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of the Acceptable Use Policy.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS SMARTMOVING AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that includes sensitive personal information, including but not limited to, social security numbers, banking information, or payment information.
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Acceptable Use Policy and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities such as contests, sweepstakes, and other sales promotions, or advertising that do not abide by local, state, or federal law.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Policy; Notices and Counter-Notices

SmartMoving complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that User Contributions or any other content from the Services infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the SmartMoving copyright agent by email at customersuccess@SmartMoving.com. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our copyright agent. Your email must contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material;
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 that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the Digital Millennium Copyright Act, we have adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. We may terminate user accounts based on a single alleged infringement.

If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Contribution, you may send a written counter-notice containing the following information to the copyright agent:

Your physical or electronic signature;
Identification of the User Contribution(s) that has/have been removed or to which access has been disabled and the location at which the User Contributions appeared before it was removed or disabled;
A statement that you have a good faith belief that the User Contributions was removed or disabled as a result of mistake or a misidentification of the User Contributions; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Contributions or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Contributions provider, member or User, the removed User Contributions may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any user of the Services, any visitor to the Services, or by anyone who may be informed of any of its contents.

The Services includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SmartMoving, is solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SmartMoving. We expressly disclaim liability for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Consent to Receive Text Messages

You consent to receive SMS messages and telephone calls (including autodialed) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us in connection with your account, with service-related information, questions about your use of the Services, and account information. You certify, warrant, and represent that (i) you will comply with all applicable laws and regulations (including but not limited to the Telephone Consumer Protection Act (“TCPA”)_and A2P 10DLC) when you send or receive SMS messages through your account or otherwise through our Services, (ii) the telephone number you have provided to us is an accurate contact number for you and does not belong to someone else, and (iii) you consent to receive, send, or otherwise utilize the applicable SmartMoving Services that involve you sending/making, or receiving SMS messages and telephone calls that may be applicable to a portion of the SmartMoving Services. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Standard message and data rates may apply to all SMS messages.

Subscription Accounts and Other Terms and Conditions

All purchases through our Services or other transactions for the sale of goods and services formed through the Services, or resulting from visits made by you, are governed by the applicable services agreement between you or the applicable accountholder and SmartMoving, which is hereby incorporated into the Acceptable Use Policy.

Additional terms and conditions may also apply to specific portions, services, or features of the Services, including any terms and conditions governing your use of Third-Party Products (defined herein). All such additional terms and conditions are hereby incorporated by this reference into the Acceptable Use Policy.

Third-Party Products

The Services may contain, display, or include links or access to other sites, platforms, features, materials and/or resources provided by or on behalf of third parties, whether visible to you or otherwise white-labeled by SmartMoving (collectively, ‘Third-Party Products”). You acknowledge and agree that SmartMoving is not responsible for Third-Party Products available on or through the Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SmartMoving does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Products. Third-Party Products and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk, which may be subject to such third parties’ terms and conditions. You acknowledge that SmartMoving may share, and you may be providing, your data to such third-party providers by use of the Third-Party Products. Use of your data, including any personal information (as defined by applicable laws) is subject to SmartMoving’s Privacy Policy. Third-Party Products or materials from third-parties on our Services may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Payment

While SmartMoving may offer portions of the Services for free, we may charge for certain features of the Services either through the Site and / or by you executing an order form with SmartMoving (each an “Order Form”). Unless otherwise agreed to in separate terms signed by you and SmartMoving, then when paid by you, these payments are final and non-refundable. SmartMoving, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with the amounts you were charged.

SmartMoving will charge, and you authorize SmartMoving to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, SmartMoving may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In addition to any fees charged for Services, SmartMoving may charge, and you authorize SmartMoving to charge, for any fees, charges, expenses, or any other amounts which you incur or which are imposed on SmartMoving due to your use of any Third-Party Products.

SmartMoving reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, SmartMoving reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

Geographic Restrictions

The owner of the Services is based in the State of Texas in the United States. We provide this Services for use only by persons located in the United States and Canada. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SITE, THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMARTMOVING NOR ANY PERSON ASSOCIATED WITH SMARTMOVING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SMARTMOVING NOR ANYONE ASSOCIATED WITH SMARTMOVING REPRESENTS OR WARRANTS THAT THE SITE, THE APP., THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SMARTMOVING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SMARTMOVING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless SmartMoving, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Acceptable Use Policy or your use of the Services, including, but not limited to, your User Contributions, any use of the Service's content and products other than as expressly authorized in the Acceptable Use Policy, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and the Acceptable Use Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Acceptable Use Policy or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for breach of the Acceptable Use Policy in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by SmartMoving of any term or condition set out in the Acceptable Use Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SmartMoving to assert a right or provision under the Acceptable Use Policy shall not constitute a waiver of such right or provision.

If any provision of the Acceptable Use Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Acceptable Use Policy will continue in full force and effect.

Entire Agreement

The Acceptable Use Policy, our Privacy Policy, and applicable subscription terms constitute the sole and entire agreement between you and SmartMoving regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

This platform is operated by SmartMoving Software, LLC, a Delaware limited liability company.

All other feedback, comments, requests for technical support, and other communications relating to the platform should be directed to: customersuccess@SmartMoving.com.

SmartMoving™Acceptable Use Policy