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Terms and Conditions

1. Placement Orders These are terms and conditions pursuant to which MyMovingNeeds.com will place advertisements from Customer (as specified on a Customer Placement Order ) on the MyMovingNeeds.com internet website. These terms and conditions, together with the attached Placement Order, constitute the entire Agreement between MyMovingNeeds.com and the Customer. No other terms or conditions of any nature shall apply to or in connection with such orders without the express written consent of MyMovingNeeds.com.

2. Term and Cancellation This Agreement shall remain in effect for one (1) year from the date hereof and, if not canceled, shall automatically renew for additional periods of one (1) year. Either party may terminate this Agreement upon giving the other thirty (30) days’ prior written notice of its intention to do so. Termination may be with or without cause. Termination of this Agreement shall not release Customer from any liability arising pursuant to this Agreement, whether or not such was ascertained at the time of termination. Orders are binding on Customer and not subject to cancellation by Customer except as set forth hereinabove. In the event of a cancellation, the Customer is only responsible for payment for advertising through the cancellation term, and payment of past due invoices, if any. All rights and obligations arising under this Agreement shall survive termination of this Agreement.

3. Payment Customer will pay MyMovingNeeds.com the fees as set forth in Placement Orders on or before the due date as set forth in each invoice. Payment is considered made when received by MyMovingNeeds.com. If payment is not received within 3 business days after the due date, MyMovingNeeds.com, at its sole option, may remove any content of Customer from the MyMovingNeeds.com website and cancel this Agreement, without notice.

4. Customer’s Material and Internet Locator It is Customer’s obligation to submit its promotional materials (including but not limited to finished artwork and active Internet Locators [URL’s] in accordance with such criteria, standards or specifications as MyMovingNeeds.com may, from time to time, require. In the event Customer does not furnish an active URL for tracking purposes, Customer agrees that MyMovingNeeds.com’s raw log files and/or log file summaries will be the final binding basis for calculating invoices and statements concerning Customer’s account. MyMovingNeeds.com reserves the right to reject any materials that do not comply with its specifications, policies, criteria, or any applicable law.

5. Confidentiality Customer agrees not to disclose the terms and conditions of this Agreement, including, but not limited to, rates contained in any Placement Order, to any other person, natural or otherwise. All personally identifiable information gathered pursuant to a Placement Order regarding individual website users may be used by MyMovingNeeds.com as it sees fit, so long as Customer’s identity is not disclosed to any third party in any manner inconsistent with the purposes of this Agreement, without Customer’s consent. MyMovingNeeds.com posts its privacy policy on its internet website. Customer shall post a like privacy policy notice on Customer’s internet website. Customer acknowledges and agrees that the resale, redistribution, or “brokering” of leads generated for Customer by MyMovingNeeds.com and/or its website to any other person, natural or otherwise, is prohibited.

6. Disclaimers; Limitations MyMovingNeeds.com will not be liable to Customer, for any reason, for any amount in excess of that which Customer has actually paid to MyMovingNeeds.com under this Agreement. MyMovingNeeds.com shall not be liable to Customer on account of any services provided by MyMovingNeeds.com pursuant to this Agreement or arising from any claim relating to this Agreement except as set forth hereinabove. MyMovingNeeds.com disclaims all representations, warranties, and conditions, express or implied, with respect to any materials or services provided by MyMovingNeeds.com pursuant to this Agreement.

7. Customer’s Warranties. Customer warrants that it holds all licenses or operating authorities necessary to perform the services which it advertises with MyMovingNeeds.com and complies with all regulatory requirements imposed upon operations of Customer by any federal, state or local law, ordinance or regulation or the requirements of any federal, state or local regulatory agency having jurisdiction over Customer’s operations.

8. Shipper/Consumer Complaints. Customer is required to respond, in writing to all Shipper/Consumer complaints Customer receives within 7 calendar days of receipt of such complaints. Customer is required to pay, make a good faith offer to settle or deny for a valid reason, all such all Shipper/Consumer complaints within 15 calendar days of receipt of each complaint. In the event that Customer fails to respond and handle all Shipper/Consumer complaints in the manner set forth herein, then MyMovingNeeds.com may remove all of Customer’s information and URLs from its internet website.

9. Governing Law - Venue. This Agreement shall be governed by and construed in accordance with the Laws of the State of Illinois. Any legal action arising under or pursuant to this Agreement shall be brought and maintained only in courts located in Cook County, Illinois.

10. Force Majeure The performance of MyMovingNeeds.com shall be excused and abated if such is prevented or substantially impeded by any Act of God, the public enemy, the authority of law, natural disaster or other like event, for the duration of such event.

11. Independent Contractor The relationship between MyMovingNeeds.com and Customer is that of independent contractors, not agent and principal, joint venturers or employer and employee. Customer agrees to indemnify and save MyMovingNeeds.com and/or its customers harmless from any and all claims, demands, actions, causes of action and liabilities (actual, potential, threatened or pending) of any type or nature arising from or in connection with Customer’s services rendered as a consequence of advertising or other placement pursuant to this Agreement.

12. Miscellaneous No changes or modifications to this Agreement any term or condition of this Agreement or any accepted Placement Order shall be binding unless it is in writing and dated and signed by authorized representatives of both parties. If any provision contained in this Agreement or a Placement Order is determined to be invalid, illegal or unenforceable in any respect, all remaining provisions shall remain in full force and effect.
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