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THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF MOVEBUILDER.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. MOVING SOLUTIONS, INC. (MSI) MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF MOVEBUILDER.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT MOVEBUILDER.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH MOVEBUILDER.COM.


Section 1. Use.

Use of MOVEBUILDER.COM is provided solely for current and potential Moving Solutions, Inc. customers to interact with MSI and may not be used, reproduced, duplicated, copied or sold by any other person or entity, or for any other purpose. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through MOVEBUILDER.COM is strictly prohibited.


Section 2. MOVEBUILDER.COM Registration.

By using MOVEBUILDER.COM, You agree to provide accurate and current information about yourself as prompted by the MOVEBUILDER.COM Estimate Request form. If You provide any information that is inaccurate or not current, or MSI has reasonable grounds to suspect that such information is inaccurate or not current, MSI has the right to reject the Estimate Request and suspend or terminate Your MOVEBUILDER.COM usage.


Section 3. Changes to MOVEBUILDER.COM.

The content of MOVEBUILDER.COM, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.


Section 4. Term.

MSI may discontinue, suspend or modify MOVEBUILDER.COM at any time without notice, and MSI may block, terminate or suspend Your and any user's access to MOVEBUILDER.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others.


Section 5. Ownership.

The content of MOVEBUILDER.COM is protected by United States and international copyright, trademark and other laws. 2009 Moving Solutions, Inc. All rights reserved. Specifically, Moving Solutions, Inc. does not convey to anyone, through allowing access to movebuilder.com, any ownership rights in movebuilder.com or in any Content appearing on or made available through MOVEBUILDER.COM. By furnishing information from this Web site, Moving Solutions, Inc. does not grant any licenses to any copyrights, patents or any other intellectual property rights.


Section 6. Disclaimer of Warranty.

MOVEBUILDER.COM AND ITS CONTENT ARE PROVIDED "AS IS". ARCBEST CORPORATE RELOCATION AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE MOVEBUILDER.COM AND ITS CONTENT.


Section 7. Limitation of Liability.

USE OF MOVEBUILDER.COM AND ITS CONTENT IS AT YOUR SOLE RISK. ARCBEST CORPORATE RELOCATION WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE MOVEBUILDER.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED ARCBEST CORPORATE RELOCATION OF THE POSSIBILITY OF SUCH DAMAGES.


Section 8. Indemnity.

You hereby release, and agree to defend, indemnify and hold harmless Moving Solutions, Inc., its parent, and affiliated companies, along with their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of MOVEBUILDER.COM and its Content.


Section 9. Links to other Web sites.

There are links on MOVEBUILDER.COM site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by MSI. MSI makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. MSI has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.


Section 10. Privacy Policy.

You may access the MSI Privacy Policy governing the use of information acquired from You through MOVEBUILDER.COM.


Section 11. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access MOVEBUILDER.COM regarding access, use, export, reexport and import of any Content appearing on or available through MOVEBUILDER.COM. You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country.


Section 12. Controlling Law, Venue, Severability and Waiver.

This Agreement and Your use of MOVEBUILDER.COM is governed by and construed in accordance with the laws of the United States and the State of Arkansas, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to MOVEBUILDER.COM or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Sebastian County, Arkansas. In no event will MSI be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of data or any other pecuniary loss). This Agreement may not be changed or modified without the written consent of MSI. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The failure of MSI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In any dispute between MSI and you relating to this site, the prevailing party will be entitled to attorneys' fees, costs and expenses.


Questions regarding these Terms of Use should be directed to the ArcBest Corporate Relocation Webmaster.

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