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Terms of Service		Please review the Terms of Service for TheMovingSoftware.com Software and Services. Terms of Service for TheMovingSoftware.com Software and Services Copyright (C) 2009 TheMovingSoftware.com 1728 Connecticut Ave. NW Washington DC 20009 USA This agreement is between and by TheMovingSoftware.com and your company. The date of this agreement becomes into effect as of the first date of using the software and services of TheMovingSoftware.com. This agreement explains the terms and conditions of the use of TheMovingSoftware.com software and services leased to your company. TheMovingSoftware.com does not partake in the profit from your clients and is not liable for any financial loss or damage by using the software and services. As stated in this contract, TheMovingSoftware.com including all policies related to the software and services as mentioned are described. You recognize that you have read, understood and agreed to the terms and conditions of this contract. You also understand that there are additional terms, conditions, or policies that TheMovingSoftware.com may establish in the future. Terms of Agreement Since you are agreeing to lease software from TheMovingSoftware.com, you confirm that the terms of this agreement will be bound and in effect as long as you continue to make us of the software and services provided. No refunds of any amount regarding the money that you already put forth will be reimbursed. You agree that in the occasion that you decide to terminate the use of the software and services provided by TheMovingSoftware.com, such termination is your responsibility to inform TheMovingSoftware.com. You may notice that TheMovingSoftware.com may provide you with notification of new features and varying charges. Privacy Policy TheMovingSoftware.com will not provide others with any of your information without your consent. There will be a unique account created for only your company. TheMovingSoftware.com will be in communication with you when necessary such as to discuss customer information in regard to the functionality of the software or to notify you of new offers and services. TheMovingSoftware.com uses cookies to assist you in operating the software. Cookies are used to identify activities made by you and/or your clients in order to secure the data. The associated information in your account is linked to all cookies. TheMovingSoftware.com uses information about your company and use of the software such as IP addresses in order to utilize the software and to assist in troubleshooting if needed. Security Data Security TheMovingSoftware.com enables you to download backup files including your entire company database into a Microsoft excel format at any time. As part of your agreement, you are required to download your database at least twice a day to any computer that is available to you. TheMovingSoftware.com reserves the right to transfer your company data to a director of history. This history directory will be available for up to one year. You agree that TheMovingSoftware.com reserves the right to eliminate any non-retrieved data from the history directory after one year. TheMovingSoftware.com is not accountable to hold a database of a company that was terminated voluntarily or due to failure to pay for the software or services as agreed upon. Account Security You agree that you are responsible to all activity that occurs under your account. In addition, you confirm that you are solely responsible for the operation of your account information and password. You agree to contact TheMovingSoftware.com if you believe that any unauthorized activity has taken place regarding your account. TheMovingSoftware.com will not be held liable for any damage or loss that should occur regarding your business due to a third party accessing and/or using your account information such as password either lawfully or unlawfully. You agree that activity in your account is your responsibility. You consent that you will be responsible for all transactions in your account, if initiated by you and/or by others on your behalf. TheMovingSoftware.com renounces liability for activity in your account, either authorized or unauthorized. Use of TheMovingSoftware.com Software You agree that TheMovingSoftware.com grants you a limited, non-exclusive, nontransferable and non-assignable license to utilize the software for such purposes that are customary and normal. Since you are agreeing to lease the TheMovingSoftware.com software, you confirm that TheMovingSoftware.com allots you access to use the software for purposes that are routine. The use of this software may be operated from any computer. You agree not to reverse engineer or otherwise attempt to uncover the source code of TheMovingSoftware.com. TheMovingSoftware.com reserves all rights to the software. This software is copyrighted under the United States Copyright Law. TheMovingSoftware.com software does not carry any type of warranty such as any type of either expressed or implied, including but not limited to implied warranties or conditions of merchantability for a specific purpose. This software of TheMovingSoftware.com is software that is “as is”. Copyright Policy You comprehend and agree that TheMovingSoftware.com is the owner of this website, software and related services and that all content and materials are protected by the United States Copyright Law. Any content or materials described above may not be used without the written consent of TheMovingSoftware.com. TheMovingSoftware.com reserves its rights to all content and materials. Fees and Payments You are in agreement to pay for the software and services leased to you by TheMovingSoftware.com at the time of your initial order. At the time of the initial order, all fees for the software and services are due and are not refundable except if stated as such, even if the services are suspended, terminated, or transferred before the conclusion of the terms of service. Change of pricing and fees may occur through notice on the TheMovingSoftware.com website or via e-mail correspondence. You understand that TheMovingSoftware.com reserves the right to change the fees at any time. Payment for services may be made using a valid credit card. When leasing the software and services on a monthly payment plan, your monthly billing date will be either on the first day of the month or on the 15th day of the month. You comprehend that TheMovingSoftware.com reserves the right to charge you a setup fee, reactivation fee, and a fee for administrative duties outside the realm of traditional services. Arrangement of payment to TheMovingSoftware.com in regard to services and/or the leasing of the software is your sole responsbility.TheMovingSoftware.com is not liable to you or a third party if the payment method you had selected does not process when attempting to renew the services and/or lease of software that had been agreed upon. No Improper Use or Unlawful Conduct By utilizing TheMovingSoftware.com software and services, you consent to not to use them for any purpose that is not lawful under this contract/agreement. You also agree to follow any and all local, state, federal and international laws, government regulations, and requirements. In order to satisfy any applicable law, regulation, legal process or governmental request TheMovingSoftware.com deems necessary, TheMovingSoftware.com reserves the right at all times to disclose any information. TheMovingSoftware.com may also reject to post or to remove any information or materials in entirety or partially at TheMovingSoftware.com’s discretion. As a condition of your contract/agreement with TheMovingSoftware.com, your use of services may be reviewed. TheMovingSoftware.com reserves the right to cancel the services as well as to terminate your access to services at any time, without notice, for any reason whatsoever. You agree that TheMovingSoftware.com reserves the right to terminate services if your utilization and operation of the software and services results in or is subject of legal action or threatened legal action, against TheMovingSoftware.com or any of its affiliates or partners, without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit. You agree that TheMovingSoftware.com may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. You consent that TheMovingSoftware.com may cancel your use of services if you are operating the services in association with spam or other activity that is morally objectionable. Morally objectionable includes, but is not limited to activities intended to insult, embarrass, harm, abuse, or threaten. In addition, activities that are prohibited by United States and International laws where you conduct business are also subject to the cancellation of your use of services. Theses types of activities include, but are not limited to unlawful behavior by others such as hate crimes, terrorism, and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically or otherwise objectionable; activities designed to impersonate the identity of a third person; illegal access to other computers or networks such as hacking; distribution of internet viruses or similar destructive activities; and activities designed to harm minors. Your Responsibility You need to have an up to date and valid license and insurance, as it is applicable. While leasing TheMovingSoftware.com software and services, operating without a valid license and insurance is at your own risk. You agree that TheMovingSoftware.com may check and ask for proof of a valid license and insurance. This applies to all companies leasing TheMovingSoftware.com software and services no matter which state the company operates or provides services in. You agree that you will provide accurate information regarding your company to TheMovingSoftware.com. Should you provide inaccurate information, TheMovingSoftware.com has the right to terminate services. Limitation of Liability TheMovingSoftware.com is not liable in any event to you or any other person for any incidental damages, indirect damages, or damages not able to correct, including but not limited to loss of data or profit. You confirm that any violation or break of this agreement/contract and policies, you will not be able to use TheMovingSoftware.com software or services. The loss or data, files, or other such information related to the leasing of TheMovingSoftware.com software and services due to a break of agreement, is your responsibility even if TheMovingSoftware.com has been notified of the possibility of such damages. TheMovingSoftware.com understands that each state operates with different liability policies for damages. Depending on the state where the company is licensed, TheMovingSoftware.com’s liability is only limited to the full extent allowed by law. You understand that in no situation will TheMovingSoftware.com maximum collective liability exceed the total amount paid by you for the software and services leased to you by TheMovingSoftware.com. Force Majeure This clause excuses TheMovingSoftware.com from any liability that may be caused by an unforeseen event out of the control of TheMovingSoftware.com that would prevent us from performing the duties that are agreed upon in this contract such as war or natural disasters. You agree to not hold TheMovingSoftware.com liable for any such event.
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