THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using the Site, you hereby agree to be bound by all of the following provisions of these Terms, which form a legally binding contract between you and DiamondHands. If you do not agree to these Terms, you are prohibited from accessing the Site and must immediately discontinue such access.
Please note, these Terms contain a waiver of rights to bring a class action against us and a release by you of all claims against us, for damages or any other claims, that may arise out of your use of the Site. By using the site, you affirm that you agree to these provisions.
DiamondHands expressly and without limitation revokes the right of any competitor to access the Site in any way and for any purpose, including, but not limited to, through employees, officers, directors, third party agents, affiliates, or independent contractors. If you are a competitor of DiamondHands, you are accessing the Sites without legal authorization, and agree to immediately discontinue such access.
The Site is an online advertising, information and booking service for those looking relocate. When it comes to relocating the items that are most important to you, DiamondHands is the moving company you can rely on. DiamondHands movers have the skills and understanding to ensure a smooth and trouble-free relocation. DiamondHands offers a range of reliable moving services in NYC plus packing/unpacking and on-site storage solutions for residential, commercial, and long-distance relocations.
All information and content available on the Site including without limitation trademarks, service marks, other indicia of source, and software contained in the Site (collectively, “Materials”), are owned by DiamondHands and protected by copyright, trademark, and other intellectual property laws. The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post, infringe, dilute, or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of DiamondHands. Requests to use Materials, complaints, or notifications regarding intellectual property rights may made by email to firstname.lastname@example.org.
DiamondHands respects the intellectual property of others, and expects Users to do the same. DiamondHands will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Site infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to DiamondHands a properly submitted copyright notice as indicated below, DiamondHands will investigate, and if it determines, in its discretion, that the material is infringing, DiamondHands will remove the content and may terminate the access of the User who posted such content to the Site in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that DiamondHands may find it on the Site. Please note: it is not sufficient to merely provide a top level URL.
- The complete name, address, telephone number and email address of Complainant.
- A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
DiamondHands contact information for notice of alleged copyright infringement is:
You shall not:
- Engage in activity that could be harmful to minors;
- Engage in activity that harasses or advocates harassment of another person;
- Engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
- Engage in activity or promote information, that is fraudulent, false, misleading, inaccurate, and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, vulgar, defamatory, libelous, or otherwise objectionable;
- Engage in activity that solicits passwords or personally identifiable information from others for unlawful purposes;
- Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Use the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to DiamondHands advertisers or to solicit DiamondHands advertisers in any manner;
- Use any robot, spider, or other automatic device, or a manual process, to access, monitor, or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
- Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code for the Software;
- Collect Content, user information or otherwise attempt in any way to use information on the Site for the benefit of an entity in competition with DiamondHands;
- Take any action that imposes an unreasonable or disproportionately large load on DiamondHands hardware and software infrastructure; or
- Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
You acknowledge that any breach of these binding Terms or any unauthorized use of the Site is a material breach of this agreement between you and DiamondHands and will cause irreparable harm and injury to DiamondHands for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, you agree that in the event of such breach DiamondHands shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available, without the requirement that DiamondHands post a bond. Material breach of these binding Terms harms the integrity, functionality, and reputation of DiamondHands, detracts from Users’ trust in and use of the Site, and damages the business of DiamondHands. Accordingly, you acknowledge and agree that DiamondHands incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of these binding Terms. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect your agreement that DiamondHands would be entitled to injunctive or other equitable relief in the event of such breach.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT AND USER PROVIDED INFORMATION IS AT YOUR OWN RISK. DIAMONDHANDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, CONTENT, USER PROVIDED INFORMATION, MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND DIAMONDHANDS SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. DIAMONDHANDS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. DIAMONDHANDS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU. Some states do not allow the disclaimer of implied warranties, so a part or parts the foregoing disclaimer may not apply to you. If any item of the foregoing disclaimer is not allowed by the applicable law, this paragraph will be construed to allow DiamondHands the broadest extent of disclaimer allowed under the applicable law.
LIMITATION OF LIABILITY
DIAMONDHANDS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SERVICES OR OTHERWISE INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE MAXIMUM LIABILITY OF DIAMONDHANDS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO DIAMONDHANDS. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DIAMONDHANDS AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIAMONDHANDS CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so a part of parts the above exclusion or limitation may not apply to you. If any item of the foregoing is not allowed by the applicable law, this paragraph will be construed to allow DiamondHands the broadest extent of limitation of liability allowed under the applicable law.
TERMINATION OF SERVICE
You understand and agree that in DiamondHands sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and DiamondHands may exercise any other remedy available and remove any content, if it believes that your use of the Site and/or any content you provide (a) violates (i) these Terms, (ii) the rights of DiamondHands or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to DiamondHands for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that DiamondHands post a bond. DiamondHands is not required to provide any refund to you if your use is terminated as a result of DiamondHands determination, in its sole discretion, that you have violated these Terms.
Your DiamondHands account may be cancelled at any time. To cancel, go to your account page on our website and follow the instructions for cancellation.
These Terms may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms on this page of the Site or otherwise. Your continued use of the Site after the posting or notification of any amended Terms shall constitute your agreement to be bound by any such changes. DiamondHands may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability. Any dispute, claim, or controversy, including but not limited to those asserting statutory claims under federal or state law, arising out of or relating to the Terms; the breach, termination, enforcement, interpretation, or validity of the Terms; or any use of DiamondHands Service or the Site, are governed by the laws of the State of New York, without regard to its conflict of laws principles. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the Southern District of New York or state courts located in the County of Kings, New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts of Kings County, New York, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect so long as the essential terms remain. Failure by DiamondHands to enforce any provision of this Terms shall not be deemed a waiver of future enforcement of that or any other provision of these Terms. These and any other policies applying to your use of the Site constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and DiamondHands have entered into a separate written contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, PLEASE EXIT THE SITE IMMEDIATELY AND CEASE USING THE SERVICES.