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MOVING PARTNER SIGN UP
Sign up to become a Moving partner within the Saveology Moving. Please complete the following profile below and hit submit. Once we have reviewed your application we will notify you via email and phone on your eligibility into the Saveology Moving program along with instructions on accessing the network
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JOIN THE SAVEOLOGYMOVING.COM PARTNER PROGRAM TODAY! JOIN OUR PARTNER PROGRAM AND RECEIVE QUALIFIED LEADS FROM CUSTOMERS LOOKING FOR MOVING SERVICES IN YOUR DESIGNATED MARKET. WE WILL SEND YOU LEADS FROM CUSTOMERS SEEKING MOVING, RELOCATION AND SIMILAR SERVICES ONLY IN THE GEOGRAPHIC LOCATIONS AND FOR THE TYPES OF MOVING SERVICES (E.G., SELF SERVICE, TRUCK RENTAL) WHICH YOU HAVE DESIGNATED. YOU PAY US COMMISSIONS BASED SOLELY ON THE NUMBER OF QUALIFIED LEADS WE SEND YOU. GETTING STARTED JUST COMPLETE THIS ONLINE APPLICATION AND ACCEPT THE TERMS OF USE AND START RECEIVING QUALIFIED LEADS. IT'S THAT EASY! * YOU'LL RECEIVE NOTIFICATION OF YOUR ACCEPTANCE OR REJECTION INTO THE PARTNER PROGRAM VIA E-MAIL AND/OR PHONE [(TYPICALLY WITHIN 48 HOURS)] PLEASE BE AWARE THAT YOUR APPLICATION MAY BE DECLINED AT SAVEOLOGYMOVING’S SOLE DISCRETION. * LOGIN TO YOUR ACCOUNT TO PROVIDE AND/OR UPDATE YOUR CUSTOMER SERVICE TELEPHONE NUMBER AND/OR EMAIL ADDRESS, SPECIFY THE MARKET(S) AND TYPES OF SERVICES (I.E., SELF SERVICE) WHICH YOU OFFER, AND PROVIDE US WITH ANY PROMOTIONAL OFFERS WHICH YOU WOULD LIKE US TO COMMUNICATE TO CUSTOMERS. * * * [SAVEOLOGYMOVING TO INSERT FORM OF APPLICATION, E.G., COMPANY/INDIVIDUAL CONTACT INFO, EMAIL ADDRESS, CUSTOMER SERVICE TOLL FREE NUMBER.] PLEASE READ THESE ADDITIONAL TERMS AND CONDITIONS CAREFULLY. TO BECOME A MOVING PARTNER OF SAVEOLOGYMOVING.COM, LLC (“SAVEOLOGYMOVING”), YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW REGARDING THE SAVEOLOGYMOVING PARTNER PROGRAM, ACCEPT THE COMMISSION SCHEDULE MADE AVAILABLE TO YOU AND BE APPROVED BY SAVEOLOGYMOVING. WE MAY REJECT YOUR APPLICATION IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOU ARE UNSUITABLE FOR THE SAVEOLOGYMOVING PARTNER PROGRAM. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, THEN INDICATE YOUR ACCEPTANCE BY CLICKING ON THE “I AGREE TO THESE TERMS” BUTTON AT THE BOTTOM OF THIS PAGE. BY CLICKING ON THE “I HAVE READ AND AGREE TO SAVEOLOGY MOVING TERMS AND CONDITIONS” BUTTON BELOW AND CONTINUING WITH THE REGISTRATION PROCESS (AN “ACCEPTANCE” OF THESE TERMS AND CONDITIONS), YOU, INDIVIDUALLY AND/OR ON BEHALF OF THE COMPANY FOR WHOM YOU ARE AUTHORIZED TO ACT, ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM AND ACCEPT AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK ON THE “I HAVE READ AND AGREE TO SAVEOLOGY MOVING TERMS AND CONDITIONS” BUTTON BELOW AND DO NOT CONTINUE WITH THE REGISTRATION PROCESS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE SAVEOLOGYMOVING PARTNER PROGRAM. TO REGISTER FOR THE SAVEOLOGYMOVING PARTNER PROGRAM YOU MUST CONSENT TO RECEIVE ALL RELATED NOTICES ELECTRONICALLY AND HAVE THE ABILITY TO RETAIN SUCH ELECTRONIC COMMUNICATIONS. Moving Partner Program Terms & Conditions The following terms and conditions (as they may be amended from time to time, this “Agreement”) govern an individual's or an entity's participation in the SaveologyMoving Partner Program (the “Program”). When used throughout this Agreement, “we”, “us,” and “our” refer to SaveologyMoving, and “you”, “yours” and “Moving Partner” refers to the applicant. 1. Defined Terms. a) “Commissions” shall mean the payments paid by you to SaveologyMoving for Saveology Leads under this Agreement. b) “Program Site(s)” shall mean saveologymoving.com, any web site(s) affiliated with SaveologyMoving or its affiliates that SaveologyMoving has designated as part of the Program, and/or any successor website(s) thereto. c) “Saveology Leads” shall mean prospective customers who register on the Program Site(s) and are subsequently referred to Moving Partner pursuant to this Agreement. For the avoidance of doubt, a lead shall not be a Saveology Lead if the lead had previously been supplied to Moving Partner by SaveologyMoving or its affiliates in the previous [twelve (12) months] provided that SaveologyMoving was paid for such lead. d) “Services” shall mean any moving or relocation (or related) services provided by Moving Partner. Other defined terms shall have the meanings given in this Agreement. 2. Enrollment in the Program. After you have consented to these terms and conditions and submitted your application, SaveologyMoving will review your application, and we will notify you of your acceptance or rejection into the Program. Upon acceptance, we will send you a schedule of applicable Commission rates and any additional terms and conditions relating to your participation in the Program. You must agree to these additional terms and conditions before you may participate in the Program. 3. Moving Partner Responsibilities. a) Moving Partner shall conduct its business so as to maintain and increase the goodwill and reputation of SaveologyMoving and its affiliates; b) Moving Partner shall supply graphical artwork, logos and other materials for SaveologyMoving to use in connection with generating leads for Moving Partner’s Services; c) Moving Partner shall promptly follow up on all Saveology Leads and customer inquiries in accordance with Section 6. If at any time Moving Partner has failed to meet the performance standards set forth in this Agreement, SaveologyMoving may, in its discretion, temporarily suspend performance of its obligations under this Agreement or terminate this Agreement upon notice to Moving Partner; d) Moving Partner shall be responsible for and pay all expenses incurred by Moving Partner in the performance of its duties under this Agreement, including, without limitation, expenses in connection with the operation of Moving Partner’s business and the provision of the Services; e) Moving Partner shall comply fully with any and all SaveologyMoving guidelines, directives, policies, practices, rules and/or procedures relating to the Program; f) Moving Partner shall specify the types of leads that it would like to receive (e.g., leads for relocations in particular geographic locations, leads for full service moving companies) and any special promotional offers from Moving Partner it would like SaveologyMoving to advertise to customers when the results of such customer’s search for a moving company on the Program Site(s) have included Moving Company; and g) Moving Partner shall, at all times, provide SaveologyMoving with accurate, current and complete contact and account information, including toll free customer service telephone numbers and email addresses. 4. SaveologyMoving Responsibilities. a) SaveologyMoving or its affiliates shall generate Saveology Leads for Moving Partner in accordance with this Agreement by operating one or more Program Site(s) (i) where customers can search for moving companies that perform particular relocation or moving services in the customer’s specified geographic locations and (ii) that provide customers the opportunity to request follow-up information from you and/or other participants in the Program. Moving Partner acknowledges that SaveologyMoving is not responsible for customers who change their minds, cancel appointments, or do not return phone calls; b) Within [twenty four (24)] [Confirm] hours of a customer’s request for an in-home estimate or other follow-up contact with Moving Partner, SaveologyMoving shall send a Saveology Lead to Moving Partner at the email address supplied by Moving Partner. SaveologyMoving is not responsible for the late delivery or non-delivery of any Saveology Leads in accordance with this Section due to any circumstances outside of SaveologyMoving’s control, including, but not limited to, technological failures or inaccurate contact information supplied by Moving Partner; c) SaveologyMoving reserves the right to develop and implement a feedback rating system whereby customers who have requested follow-up contact or in-home estimates from Moving Partner may provide feedback on the quality of the interaction with Moving Partner and/or any of Moving Partner’s Services that the customer actually receives; and d) SaveologyMoving will retain and make available to Moving Partner: (i) monthly reports stating the number of customers that requested follow-up contact or in-home estimates from Moving Partner; and (ii) computation of the Commissions owed to SaveologyMoving for Saveology Leads according to the Commission schedule provided to the Moving Partner. SaveologyMoving reserves the right to provide such information through access to a password protected page on a Program Site. 5. Prohibited Actions. Moving Partner shall not take any of the following actions: a) Operate its business under any name other than its legal or DBA Name, as recorded in the Federal Motor Carrier Safety Administration’s (FMCSA) SAFER database; b) Incur any expense or obligation in the name of SaveologyMoving; c) Use SaveologyMoving’s or its affiliates’ names, trade names, trademarks, or logos in connection with its business; d) Insert its own or a third party’s advertising, branding or other promotional content into a Program Site’s content, materials or services, or use, redistribute, republish or exploit such content, materials or services for any commercial or promotional purposes; e) Attempt to gain unauthorized access to other computer systems through the Program Site(s); f) Engage in “spidering”, “screen scraping,” “database scraping,” harvesting of catalogue information, email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Program Site(s), including without limitation any information residing on any server or database connected to the Program Site(s); g) Supply any false, misleading or inaccurate information to SaveologyMoving or any customer that is referred to Moving Partner through the Program, including, without limitation, contact information or quotes for Services; h) Use the Program Site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Program Site(s) or interfere with any other party’s use and enjoyment of the Program Site(s), including, without limitation, interfering in any way with any customer feedback system utilized by SaveologyMoving on the Program Site(s) or the use of spyware or similar programs that materially interferes with the Program Site(s); i) Use the Program Site(s) in violation of SaveologyMoving’s or any third party’s intellectual property or other proprietary or legal rights or in violation of any applicable law; j) Copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any rights to or use of the Program Site(s); k) Copy, sell, grant any rights in, transfer, distribute or otherwise assign to any third party any rights to or use of Saveology Leads or customer information which has been submitted on the Program Site(s) and sent to Moving Partner in accordance with this Agreement, or use such information for any purpose other than to provide or market Moving Partner’s Services as requested by the customer; or l) Use the Program Site(s) in any manner not expressly authorized by this Agreement. Moving Partner further agrees that Moving Partner may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities. Any violation of this section is subject to punitive actions by SaveologyMoving, including but not limited to: suspension of SaveologyMoving’s services under this Agreement and termination of Moving Partner’s account. 6. Customers. a) As between you and SaveologyMoving, you will have sole responsibility for the performance of your Services for customers, including but not limited to customers resulting from Saveology Leads. In particular, Moving Partner will assume all responsibility to the customer for the quality, supply, and performance of its Services, and the performance of Moving Partner’s personnel. You agree that you will treat all customers, including from Saveology Leads, alike and shall perform all Services in a diligent and professional manner and in accordance with your agreements with the customer, including any quotes. b) Moving Partner will respond to all Saveology Leads and inquiries from customers resulting from Saveology Leads promptly and professionally, within one (1) business day following the receipt of the Saveology Lead or customer inquiry and shall use reasonable efforts to resolve all questions or requests within two (2) business days. 7. Use of the Program Site(s). Without limitation to the terms and conditions of this Agreement, Moving Partner’s use of the Program Site(s) shall be governed by any applicable “Terms of Use” posted thereon. 8. Commissions. a) SaveologyMoving shall be compensated by Moving Partner on the basis of the number and type of Saveology Leads sent to Moving Partner. You agree to pay Commissions at the applicable rates set forth in the Commission schedule and in accordance with any additional terms and conditions sent to you upon acceptance of your Program application and the terms and conditions of this Agreement. You acknowledge that the Commission schedule and/or any such terms and conditions may be supplemented or amended from time to time. b) Moving Partner will pay Commissions on a monthly basis. Within thirty (30) days following the end of each month, SaveologyMoving will send Moving Partner, either via postal mail, email or electronically through the Program Site(s), an invoice for the Commissions SaveologyMoving has earned during that month. Moving Partner shall pay any Commissions due within thirty (30) days following the receipt of the invoice. c) All late payments under this Agreement will earn interest at the lesser of one (1) percent per month or the maximum amount allowed by law. d) In addition to receiving the late fee set forth in Section 8(c) above, and without limiting SaveologyMoving’s other rights or remedies hereunder, in the event any Commissions are not received within sixty (60) days of the date an invoice was received by Moving Partner, SaveologyMoving may temporarily suspend its performance under this Agreement until such Commissions have been paid or terminate this Agreement. e) Each party shall be responsible for the payment of its own taxes (including all import, export, Federal, State, local and foreign excise, sales, use, property and other taxes), provided that a party shall not be responsible for taxes imposed upon or based on the other party’s income or properties. 9. Proprietary Rights. Moving Partner hereby grants to SaveologyMoving and its affiliates a non-exclusive, royalty-free, limited license to use, copy and display (i) such trademarks, service marks, trade names, slogans, logos, designs, and other similar means of distinction associated with the business of Moving Partner and its affiliates (“Moving Partner Trademarks”) and (ii) any promotional or other material related to Moving Partner supplied, or approved in advance, by Moving Partner, as necessary to perform their duties in accordance with this Agreement. Moving Partner does not obtain any rights under this Agreement to intellectual property belonging to SaveologyMoving or its affiliates. 10. Term. a) The term of this Agreement shall commence upon our acceptance of you into the Program and will end when terminated by either Party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice of termination. Upon the termination or expiration of this Agreement, Moving Partner shall promptly (i) return or destroy all data, abstracts, notes, memoranda, and other documents, in any medium whatsoever, containing any confidential information of or pertaining to SaveologyMoving or its affiliates, and all copies, descriptions, summaries and analyses of any such confidential information, and (ii) cease all use of its account on the Program Site(s), and shall provide SaveologyMoving with a certificate certifying compliance with the requirements set forth above promptly upon request. b) Sections 10, 11, 12, 16, 17, 18, 19, 20, 21, 22 and 24 shall survive the termination of this Agreement. 11. Confidentiality. Moving Partner acknowledges that from time to time SaveologyMoving may disclose confidential and/or proprietary and non-public information to Moving Partner, including but not limited to marketing and product plans, business plans, techniques, sales data, designs, ideas and technical or financial and other information. Moving Partner agrees that it shall not disclose any confidential or proprietary information belonging to Saveology, or use such information other than to perform its obligations hereunder or to exercise its express rights under this Agreement, and shall take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential and proprietary information or its own information of like character and importance, but in no event less than reasonable care, to protect such confidential and proprietary information. The confidentiality obligations set forth herein shall survive the expiration or termination of this Agreement. Confidential information shall not include information which (a) is or becomes generally known to the public through no act or omission of Moving Partner; (b) was in Moving Partner’s possession prior to the disclosure hereunder without an obligation of confidentiality, (c) is disclosed to Moving Partner by a third party not under an obligation of confidentiality, or (d) was independently developed by Moving Partner. 12. Data Security. a) Personal Information. Moving Partner acknowledges that Moving Partner will obtain certain personally identifiable information of SaveologyMoving’s customers or potential customers that customers submit on the Program Site(s) and we subsequently send to you in a Saveology Lead, which information may include, without limitation, name, address, other contact information, and other sensitive information regarding such persons (collectively, “Personal Information”). b) Limited Use. Moving Partner agrees that: (i) at all times during the term of this Agreement and thereafter, it will comply with its obligations under (a) all applicable privacy, security and data protection laws, rules and regulations of any applicable jurisdiction and all then-current industry standards, guidelines and practices with respect to privacy, security and data protection, including the collection, processing, storage, protection and disclosure of Personal Information, and (b) SaveologyMoving’s policies and guidelines applicable to any of the foregoing which are provided to Moving Partner in written form from time to time or posted on the Program Site(s); (ii) Personal Information will not be utilized by Moving Partner, its contractors, employees or agents for any purpose other than to provide or market its Services to a customer requesting additional information from Moving Partner or to perform any of its obligations under this Agreement, and shall be accessible by personnel on a need-to-know basis only; and (iii) Moving Partner shall treat all Personal Information as confidential information pursuant to this Agreement. SaveologyMoving reserves the right to review Moving Partner policies, procedures and practices used to maintain the privacy, security and confidentiality of Personal Information. 13. Modification. SaveologyMoving may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion. Moving Partner will be notified of any such change by email or via a change notice or a new agreement posted on the applicable Program Site. In such event, this Agreement shall be deemed to have been amended as of the date of such email or posting of such change on the Program Site(s), as the case may be. Modifications may include, for example, changes in the Commission schedules, payment procedures, and Program rules. YOU WILL BE ASKED TO ACCEPT ALL MODIFICATIONS TO THIS AGREEMENT THE FIRST TIME YOU SIGN ON TO THE APPLICABLE PROGRAM SITE AFTER SUCH MODIFICATION WAS MADE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DECLINE TO ACCEPT THE MODIFICATION AND IMMEDIATELY TERMINATE THIS AGREEMENT. This Agreement was last modified on ______ __, 2009. 14. Relationship of the Parties. Moving Partner and SaveologyMoving are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Moving Partner will have no authority to make or accept any offers or representations on our behalf. Moving Partner will not make any statement or take any other action or fail to take any action that might imply anything to the contrary. 15. Public Statements. Moving Partner agrees that SaveologyMoving may identify Moving Partner as a participant in the Program as long as Moving Partner participates in the Program. SaveologyMoving may make this identification orally, in writing or electronically, including without limitation, in press releases, public announcements and promotional materials publicizing, advertising or promoting the Program. Moving Partner may not issue any press release or public announcement, distribute any marketing or promotional materials or otherwise make any public communications regarding its participation in the Program without SaveologyMoving’s prior written consent, which consent shall be in its sole discretion. 16. Covenants, Representations and Warranties and Disclaimer of Warranties a) Mutual Covenants, Representations and Warranties. The parties each covenant, represent and warrant that (i) it has all necessary rights and authority to enter into this Agreement and perform its obligations hereunder and (ii) it shall comply with all applicable laws, rules and regulations. b) Moving Partner Covenants, Representations, and Warranties. Moving Partner covenants, represents and warrants that (i) nothing contained in this Agreement or in the performance of this Agreement shall place Moving Partner in breach of any obligation or other agreement to which Moving Partner is a party or has an interest, or in violation of any law, rule or regulation; (ii) the Services performed by Moving Partner hereunder shall be conducted in a professional and competent manner using qualified personnel, consistent with generally accepted industry standards and in accordance with all applicable federal, state and local laws, regulations and ordinances and all SaveologyMoving guidelines, directives, policies, practice, rules or procedures related to the Program and disclosed to Moving Partner; (iii) Moving Partner Trademarks and any other graphical artwork, logos and other materials supplied, or approved for SaveologyMoving’s or an affiliate’s use, by Moving Partner do not infringe the intellectual property rights of a third party; and (iv) Moving Partner is and throughout the Term shall be in good standing with the Better Business Bureau and the American Moving and Storage Association. [Confirm whether Moving Partners must be in good standing with both BBB and AMSA (and that there are no other organizations that Partners may belong to). These two organizations are specifically referenced on the web site.] c) EXCEPT AS SET FORTH IN THIS AGREEMENT, SAVEOLOGYMOVING MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, SAVEOLOGYMOVING MAKES NO REPRESENTATION THAT THE OPERATION OF THE PROGRAM SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND SAVEOLOGYMOVING WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 17. Indemnification. Moving Partner shall indemnify and hold harmless SaveologyMoving and its affiliates from and against all third party claims, costs, liabilities, judgments, expenses, and damages (including amounts paid in settlement and reasonable attorneys’ fees) as a direct or indirect result of: (a) Moving Partner’s breach of any of the terms of this Agreement; (b) Moving Partner’s misrepresentation, fraud, or negligence with respect to any customer, prospective customer, the Program or the Services; (c) Moving Partner’s discharge or termination of any of its own employees; (d) the alleged existence of any employer/employee relationship between SaveologyMoving and Moving Partner or its personnel (including, without limitation, the claim of any such employee to participate in any benefit plans or programs of SaveologyMoving); (e) any claim under any labor, employment, employee benefit or other laws to the extent arising out of any action or inaction of Moving Partner or any of its employees, representatives or agents; (f) any re-characterization of Moving Partner employees or personnel as employees of SaveologyMoving, including but not limited to any liability for premiums, contributions, or taxes payable under any workers’ compensation, unemployment compensation, disability benefit, retirement benefit, or tax withholding; and (g) any amounts including, without limitation, taxes, interest and penalties assessed against SaveologyMoving that are obligations of Moving Partner. 18. Limitation of Liability. IN NO EVENT WILL SAVEOLOGYMOVING BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SAVEOLOGYMOVING’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT AND THE PROGRAM SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS PAID BY YOU TO SAVEOLOGYMOVING UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. 19. Remedies. In the event of any breach by Moving Partner of this Agreement, the resulting injuries to SaveologyMoving and its affiliates would be difficult or impossible to estimate accurately, but it is certain that injury or damages to the business of SaveologyMoving and its affiliates will result. Moving Partner therefore agrees that, in the event of any such breach, SaveologyMoving and its affiliates shall be entitled, in addition to any available legal or equitable remedies for damages, to an injunction to restrain the violation or anticipated violation thereof. Should SaveologyMoving and its affiliates have any basis to seek such legal or equitable action, Moving Partner shall pay any and all attorney fees and court costs that SaveologyMoving and its affiliates may incur. SaveologyMoving’s and its affiliates’ rights under this Section shall be in addition to every other remedy (equitable, statutory, legal, or contractual) to which SaveologyMoving and its affiliates may be entitled. 20. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 21. Notice. Any notice required or permitted to be delivered to SaveologyMoving hereunder shall be in writing and delivered either personally to SaveologyMoving, or by mailing such notice by certified or registered mail, Return Receipt Requested, Postage Prepaid, or sending it via Federal Express or other nationally-recognized overnight air courier to the address listed below, or to such other address and/or person as SaveologyMoving may later designate in writing. You consent to receive any notice required or permitted to be delivered to you hereunder electronically and you confirm that you have the ability to retain such electronic communications. Notice shall be deemed given upon the date of receipt or attempted delivery, if delivery is refused, if personally delivered, if delivered electronically, or if delivered by messenger or overnight delivery service; or three (3) days following the deposit thereof with the U.S. postal service, if mailed: SaveologyMoving.com, LLC Attn: Legal Department 3303 West Commercial Blvd. Ft. Lauderdale, Florida 33309 22. Choice of Law; Dispute Resolution. This Agreement will be governed by the laws of the State of Florida, without reference to rules governing choice of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. You and SaveologyMoving shall select the arbitrator, and if you and SaveologyMoving are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and SaveologyMoving, and both of your respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. This Section shall not in any way limit SaveologyMoving’s right to seek injunctive or other appropriate relief in any state or federal court in the State of Florida or any other court of competent jurisdiction (and you consent to non-exclusive jurisdiction and venue in such courts) in accordance with Section 19. 23. Insurance. Moving Partner certifies that it maintains liability and workers’ compensation insurance and that such insurance is, and during the term hereof, will remain, in full force and effect and that the premiums in respect hereof have been paid in full. At all times while performing services hereunder, Moving Partner shall carry, at a minimum and at its own expense, (a) Worker’s Compensation and Occupational Diseases insurance in accordance with the laws of the governing bodies having jurisdiction as well as Employer’s Liability with a limit of the least $1,000,000 per occurrence, (b) commercial general liability insurance, including contractual liability coverage with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and (c) professional liability insurance with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. All insurance coverage required under this Section will be with companies and on forms acceptable to SaveologyMoving, will be primary and not contributory, will name SaveologyMoving as an additional insured and will contain a waiver of subrogation with respect to the additional insured. Certificates of insurance evidencing satisfactory coverage as required under this Section will be furnished to SaveologyMoving upon request. Moving Partner’s compliance with its insurance obligations under this Section will not limit Moving Partner’s liability or performance of any obligations or duties under this Agreement. 24. Miscellaneous. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the Parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Each provision of this Agreement shall be considered severable and if, for any reason, any provision hereof is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation of any court or agency having valid jurisdiction, such shall not impair the operation or affect the remaining provisions of this Agreement; and the latter shall continue to be given full force and effect and bind the Parties hereto and such invalid provisions shall be deemed not to be a part of this Agreement.
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