Computeamove® Service Agreement

You and Computeamove

Welcome to the Computeamove system for quoting the cost of moving.  We are pleased to offer you access to this software and use of our services conditioned on your acceptance without modification of the following Terms of Service and additional terms incorporated by reference herein (collectively, these “Terms”).  This service is provided solely to assist customers in gathering shipping information, determining the availability of shipping-related goods and services, transacting business with participating transportation service providers (“Movers”), and for no other purposes (the “Service”); Computeamove does not sell, provide or arrange for transportation on behalf of, to or by Movers.  The terms "we," "us," "our" and "Computeamove" refer to Computeamove and its affiliates.  The terms “user,” “you,” and “your” refers to the customer visiting a mover's Website that uses Computeamove software and/or the Services provide thereby. 

1. Computeamove Expects Movers to Honor the Guaranteed Price. Yes, that is the real price you see in the quote. And, more importantly, the Mover will not be allowed to surprise you with additional fees or extra charges as long as specified shipment details or requested services do not change.

  1. If you do change your shipment details or request additional services, the Mover should change the Guaranteed Price through the Computeamove site; as you can see, Computeamove takes the Guaranteed Price very seriously.

2. Computeamove is Not Responsible For Your Move. The Mover is responsible for the quality of the move, which includes but is not limited to the following features:

  1. The Mover should properly wrap and/or protect your goods and your home or building’s floors and wall corners.
  2. The Mover should use the proper materials and equipment for your move.
  3. The Mover should actively communicate with you before, during and after your move.
  4. If you need additional services or need to move additional goods, those changes may be entered and priced through Computeamove, ensuring your Guaranteed Price.
  5. The Mover should respect your preferences over the course of your move.
  6. The Mover should be punctual over the course of your move.
  7. The Mover should handle your customer service matters and claims in a respectful manner.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPUTEAMOVE.  BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW) AND ANY FUTURE MODIFICATIONS, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NO USE THE SERVICE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND AT ANY TIME, TO CHANGE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE, AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THE UPDATED OR MODIFIED TERMS.  THESE TERMS MAY NOT BE MODIFIED, AMENDED, AND/OR CHANGED BY YOU IN ANY MANNER.

I. Eligibility. THE SERVICE IS NOT INTENDED FOR OR AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE.  BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.  IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THE SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.

II. Services Provided by Computeamove. Subject to your compliance with these Terms, we grant you permission to access and use the Site and the Service. Computeamove offers you a neutral platform where you can create a custom inventory for your shipping needs in order to obtain a fixed quote from your chosen Mover.  Computeamove does not itself provide transportation or assume carrier, valuation or insurance obligations.  Based on the specifications that you enter into our system, such as inventory and services requested, our proprietary technology will generate and provide you with a quote from your chosen Mover.  If you make changes to the specifications of your move, such as additional inventory or services, the Guaranteed Price may increase.  You will be required to pay for any increase to your Guaranteed Price which is the result of specification changes made prior to the scheduled move and/or storage date. Computeamove has no involvement or control over the actual transaction between you and your chosen Mover.  You will enter into separate agreement(s) with the Mover of your choice regarding the actual shipping terms; such agreements may include, but are not limited to, a Written Estimate, Order for Service and Bill of Lading.  Although Computeamove will require the Mover to agree to provide the transportation services at the estimated price generated through the Site, and will contractually restrict the Mover from changing the estimated price generated through the site (the “Guaranteed Price”), Computeamove cannot and will not have any control over the Mover’s adherence to these or any other terms of service; therefore, in addition to the disclaimers hereinafter described, Computeamove makes no  representations or warranties that the Guaranteed Price will be honored by Movers or that the Guaranteed Price will not be altered by Movers. 

III. Changes. Computeamove reserves the right, at its sole discretion, to make changes to or modify the Service and these Terms without notice.  Your continued use or access of the Service and/or Site signifies acceptance of the updated or modified Service under these Terms.  Computeamove may offer new products and/or services through the Site, which will also be subject to these Terms. You should visit the Site and review these Terms periodically to ensure you stay informed about the latest updates. 

IV. Additional Terms and Policies. Your use of the Site and/or Service is subject to, and you shall at all times comply with, the Computeamove Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made a part of these Terms by reference, and subject to change without notice.

V. Prohibited and Restricted Items.  Movers may not transport bank bills, coin or currency, deeds, notes drafts or valuable papers of any kind, jewelry, postage stamps, stamp collections, revenue stamps, letters or packets of letters, photographs, precious stones, firearms, ammunition or contraband, or articles manufactured there from or perishable articles.

VI. Billing, Payments, and Fees. You authorize Computeamove to charge you directly for the scheduling and retainer fees on behalf of the Mover. Computeamove will charge your account on the date you submit your payment through PayPal.

VII. Reversals, Chargebacks and Claims. You agree that you will not file a claim or Chargeback without first making a good faith effort to remedy the situation directly with the Mover and/or Computeamove. If you file a claim or a Chargeback, or if you are successful in the reversal of the payment, you agree to and authorize your credit card company or debit or credit card issuing bank to allow Computeamove to retain or collect its fees. "Chargeback" means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.  

VIII. Cancellations.  If you cancel your booked move prior to or on the scheduled move and/or storage date, you may be charged a cancellation fee in accordance with the policies of the Mover.

IX. Feedback. After completion of your transaction, Computeamove will ask you for feedback on your experience transacting with the participating Mover. We will use this feedback to improve our Service. You agree that Computeamove shall acquire, and you hereby grant and otherwise transfer, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Service you received through Computeamove, including the use of your name or other identifying marks, and move details, without the payment of additional consideration. 

X. User Disagreements. Disagreements you may have with a participating Mover over a transaction initiated through or related to the Services shall remain solely between you and the Mover. Although Computeamove may attempt to mediate any disagreements between you and the participating Mover, Computeamove shall have no liability to you or to the participating Mover for a failed or unsatisfactory transaction.

XI. Term and Termination. These Terms will remain effective until terminated as set forth here. Computeamove may terminate or suspend your account and use of and access to the Service at its sole discretion, with or without cause, without notice or liability to you.  You may terminate your use of the Service at any time and for any reason or no reason by stopping all use of the Site and Service and deleting your account profile on the Site.  In the event of termination, Sections 7 through 19 shall survive.

XII. User Content. The Site may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content, materials and/or other information to Computeamove or the Site, including, without limitation, pictures, comments, ideas, reviews, and other content (collectively, “User Content”).  Except as otherwise described in the Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.  You remain the owner of your User Content, but you acknowledge that Computeamove must have a license from you in order to accept your User Content.  You grant to Computeamove the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise use in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same. You further agree that Computeamove is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Computeamove, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without obligation, remuneration or attribution of any kind to you or anyone else. You further perpetually and irrevocably grant Computeamove the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize Computeamove to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Computeamove these licenses. Upon Computeamove’s request, you will furnish Computeamove any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that Computeamove has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its rights to your User Content including, without limitation, by bringing and controlling actions in your name and on your behalf (at Computeamove’s cost and expense, to which you agree to consent and irrevocably appoint Computeamove as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You further acknowledge and agree that Computeamove does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and Computeamove may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time. All of your User Content is your sole responsibility. This means that you, and not Computeamove, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Site. If you post personal information to publicly available areas of the Site, you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any of User Content including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. Computeamove explicitly retains all right, title, and interest in and to all intellectual property and other proprietary materials used in connection with the Service and/or the Site. Neither these Terms nor your use of the Service grant you any rights or license to use any Computeamove proprietary material except as authorized under these Terms. 

XIII. Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPUTEAMOVE MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RESULTS, OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. COMPUTEAMOVE DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION, INCLUDING SHIPMENT QUOTES, PROVIDED THROUGH THE RELEVANT SERVICE TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE RELEVANT SERVICE. THE SERVICE CONTAINS INFORMATION PROVIDED TO THE SITE BY TRANSPORTATION SERVICE PROVIDERS. COMPUTEAMOVE DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT SUCH INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON.  COMPUTEAMOVE DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND BEARS NO RESPONSIBILITY FOR IT OR ITS USE. THE ACTUAL SHIPMENT TRANSACTION IS SUBJECT TO TERMS BETWEEN YOU AND THE MOVER ONLY AND COMPUTEAMOVE ASSUMES NO RESPONSIBILITY OVER QUALITY, SAFETY, AND LEGALITY OF THE TRANSACTION BETWEEN YOU AND THE MOVER. COMPUTEAMOVE MAKES NO WARRANTIES AND PROVIDES NO ASSURANCES TO YOU UNDER THESE TERMS REGARDING THE COMPLETION OF A DELIVERY AND YOUR SATISFACTION WITH THE MOVER’S PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

XIV. Limitation of Liability and Damages. Computeamove has no control over the accuracy of the information provided by the Mover to the Site (including that which is the basis of the quotes we generate), quality of the Mover's performance, or ability of a Mover to provide the services for which you transact. Computeamove shall not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected, including, but not limited to, any Mover's refusal to honor a Guaranteed Price or from any Mover's modification of a Guaranteed Price.  IN NO EVENT SHALL COMPUTEAMOVE BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF COMPUTEAMOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER COMPUTEAMOVE OR MOVERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT IF COMPUTEAMOVE IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING LIMITATIONS, COMPUTEAMOVE’S MAXIMUM AGGREGATE LIABILITY TO YOU HEREUNDER, WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES OR CHARGES ASSESSED BY, PAID TO AND RETAINED BY COMPUTEAMOVE BY YOU IN CONNECTION WITH THE REQUEST PURSUANT TO WHICH THE LIABILITY AROSE. Without limiting the foregoing, Computeamove shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Computeamove. By participating on the Site, the Mover represents that it has valid registration, insurance, and licensure and that it will comply with federal and/or local laws, as applicable.  Computeamove does not verify, prequalify, or validate these claims of the Mover and hereby disclaims any liability to you due to the Mover's representations.

XV. Indemnification; Release. You agree to indemnify, defend, and hold Computeamove harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms.  Computeamove reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Computeamove, and you agree to cooperate with Computeamove’s defense of these claims. Computeamove will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE COMPUTEAMOVE FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT, SERVICE, DEAL, OR TRANSPORTATION SERVICE PROVIDER, ANY ACTION OR INACTION BY A TRANSPORTATION SERVICE PROVIDER, INCLUDING A TRANSPORTATION SERVICE PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY OR HONOR THE TERMS OF ANY TRANSACTION, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE.

XVI. Estimate Regulations. You understand that under Section 14104 of Title 49 USC, you are entitled to receive a written estimate for transporting your household goods shipment.  You further understand that the Mover must conduct a physical survey of the articles you intend to move and must provide the estimate of charges based on the physical survey. You also understand that you may waive your right to the physical survey of your goods. Understanding your rights, by registering for, accessing, and/or otherwise using this Site in any manner, you indicate your desire to waive your right to receive an estimate based on a physical survey of your shipment.

XVII. Dispute Resolution and Arbitration. Any controversy between you and Computeamove arising under, or in relation to, this agreement or related to the Site and/or Service shall be settled by binding arbitration. Such arbitration shall be held in the City of Davie, in accordance with the laws of the State of Florida and the rules of the American Arbitration Association.

XVIII. Governing Law; Venue. These Terms: (i) will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law; and (ii) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Computeamove agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Florida for the purpose of litigating all such claims or disputes.

XIX. Miscellaneous. This is the entire agreement between you and Computeamove relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Computeamove as set forth in Section III above. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent of the other. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Computeamove without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by Computeamove at any time to require performance of any provision of these Terms will in no manner affect Computeamove’s right at a later time to enforce the same. The services hereunder are offered by Computeamove, located at 4757 SW 51st Street, Fort Lauderdale, FL 33314, and any notices hereunder should be sent to this address; Computeamove may be contacted by email at info@Computeamove.com. Headings used herein are for reference purposes only, not for interpretation hereof. 

Last updated: July 13, 2015