Move In History Terms of Service

Effective Date: January 29, 2021

These Move In History Terms of Service (the “Terms of Service”) describe the terms pursuant to which Move In History, LLC (“MoveInHistory”, “Move In History”, “MIH”, “we”, or “us”) offers you access to the Move In History website located at www.moveinhistory.com and sub-pages attached to the site (the “Sites”), and the services and tools (including, but not limited to, mobile and other software applications) related to the Sites (collectively, the “Service”). These Terms of Service apply when you access, visit, or use the Service.

  1. . About Move In History; Eligibility. Move In History is a United States of America, State of Massachusetts limited liability company that provide tenants, property owners, businesses and consumers with history, upkeep and maintenance and property owner rating tied to a specific location, address, lot, land, parcel ID number, longitude, and latitude location. (The Service is intended for users who are at least eighteen (18) years of age. If you are not at least eighteen (18) years old please do not access, visit, or use the Service.
  2. . Acceptance of the Term of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit, or use the Service or create a Move In History account. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.
    Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and Move In History have against each other are resolved (see Section 14 (Limitation of Liability), Section 19 (Choice of Law and Forum) and Section 20 (Arbitration Agreement and Waiver of Class Action Remedies) below). It also contains an Agreement to Arbitrate (see Section 20(A)), which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 20(D). Unless you opt-out: (A) you will only be permitted to pursue claims against Move In History on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
  3. . Amendments. We may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by contacting us at support@moveinhistory.com , and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
  4. . Move In History Privacy Policy. In connection with your use of the Service, please review the Move In History Privacy Policy, located at https://www.moveinhistory.com/privacy/usa in order to understand how we collect and use information about you when you access, visit, or use the Service. The Move In History Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the Move In History Privacy Policy and agree that we may use information collected from you in accordance with the Move In History Privacy Policy.
  5. . Move In History Accounts and Registration. You cannot visit and browse the Service without creating a Move In History Account. You can create a Move In History account either by directly registering through the Service website or by the Move In History mobile app or by logging in to the Service through and/or synching your compatible social media platforms (each, a “Social Media Service”). By creating a Move In History account you represent that you are: [(i) at least eighteen (18) years old; (ii) of legal age to form a binding contract]: and (iii) not barred from using the Service under the laws of the United States or another jurisdiction.
    • a. Creating an Account Directly through the Service. If you choose to create a Move In History account directly through the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that impersonates another person, or if Move In History has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current, or incomplete, or impersonates another person, Move In History may suspend or terminate your account and refuse to allow you to use the Service at any time.
    • b. Creating an Account through a Social Media Service. If you choose to log in to the Service through your Social Media Service account, Move In History may: (i) have access to certain information that you make available through the applicable Social Media Service; or (ii) post status messages, notes, photos, videos, remarks, and other materials to the applicable Social Media Service on your behalf. By logging in to the Service through a Social Media Service, you grant us permission to access and use the information that you make available through the applicable Social Media Service, in accordance with the privacy or other settings that are applicable to your Social Media Service account. For more information on the information we collect about you from Social Media Services, please review the Move In History Policy. For more information on how you can manage the information provided to Move In History by the applicable Social Media Service, please review the privacy settings applicable to your Social Media Service account. Social Media Services are not partners or representatives of Move In History and Move In History LLC is not responsible for the acts or omissions of any Social Media Service in connection with your account with the applicable Social Media.
    • c. Termination of Your Account. You may terminate your account at any time by deleting your account or contacting us at support@moveinhistory.com . If you terminate your account, you will no longer have access to the site or have the ability to view contents on the Sites. The data, comments, remarks, or information you provided to the Site will be attached to or affiliated to the address, parcel ID number, location, longitude, or latitude location on the Site. We may terminate your account or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
  6. . Ownership of the Service. User Content (as described below in Section 7), you agree that Move In History LLC and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, or photographs, (the “Move In History Content”), and all intellectual property rights related to the Move In History content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The Move In History name, logo and symbols and related names are trademarks and service marks of Move In History. You agree not to display or otherwise use any Move In History marks, symbols, logos, videos without the written consent of Move In History LLC.
  7. .

    User Content.

    • a. Responsibility for User Content. If you have a Move In History account you will be able to post content to the Service including comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials (“User Content”). You, and not Move In History or Move In History LLC, will be solely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Service, and other users of the Service, or is uploaded utilizing your account and not Move In History, are similarly responsible for the User Content that they upload, post, email, transmit or otherwise make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that; (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content described in these Terms of Service, (ii) the User Content does not and will not fringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to us is truthful and accurate. Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use any User Content that you make publicly available by posting, remarking, uploading etc. through the Service. Move In History has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to the use of profanity, racism, hateful comments, or sexual connotation. Should your account or your User Content be removed from the Service, Move In History reserves the right to retain your User Content for backup, archival, or audit purposes.
    • b. Content on the Service. Move In History is an internet Service Provider and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. Move In History is not responsible for, nor does Move In History LLC necessarily hold the opinions expressed by, User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. Move In History does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
    • c. Sharing User Content through Social Media Services or the Site. In the event that you share or post User Content to the Service through a Social Media Service, or post or share User Content to a Social Media Service through the Service, you agree to comply with all terms of use, policies and guidelines established by the applicable Social Media Service with regard to your User Content. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting User Content to or from any Social Media Service.
  8. 8.

    Move In History’s Rights in User Content; Property and Land Data and/or History.

    Move In History does not claim ownership of your User Content. However, you grant Move In History a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable, and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices. If, and to the extent, a User inputs property data and/or history, utility price data (the “Property Data”) into the Service, such User grants Move In History a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the property data and to incorporate the property data into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in the Property Data in any media known now or in the future in connection with the Service, all without compensation to you. You release Move In History from and against any and all claims of any kind which you may have against Move In History in connection with such use of User Content and Property Data as described herein, including, but not limited to, those based on rights of publicity or privacy. If you purchase Move In History Data via the Service or through www.moveinhistory.com you are granted a limited, non-exclusive, non-assignable, non-transferrable license to use the Move In History Data for your own use and you may not otherwise distribute, transfer or sell any part of the Move In History Data to third parties.
  9. 9. Prohibited User Content. While using the Service, you agree that you will not upload, post, email, transmit or otherwise make available any User Content that;
    • a. Is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically, or otherwise objectionable;
    • b. Creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
    • c. Seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • d. Violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or
    • e. Infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
  10. . Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities;
    • a. Use, display, mirror or frame the Service, any individual element within the Service, the Move In History name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
    • b. Access the Service by any means other than through the interface provided by Move In History and as otherwise expressly authorized under these Terms of Service;
    • c. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
    • d. Avoid, bypass, remove, deactivate, impair descramble or otherwise circumvent any technological measure implemented by Move In History or any of our providers or any other third party (including another user) to protect the Service;
    • e. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
    • f. Attempt to access or search the Service or scrape or download User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Move In History or other generally available third party web browsers;
    • g. Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
    • h. Use any meta tags or other hidden text or metadata utilizing the Service or a Move In History trademark, logo, or URL without Move In History’s express written consent;
    • i. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
    • j. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
    • k. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your account) or your access to or use of the Service;
    • l. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service can type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
    • m. Collect or store any personally identifiable information from other members of the Service without their express permission;
    • n. Stalk or otherwise harass another person or entity;
    • o. Impersonate or misrepresent your affiliation with any person or entity; p. Violate any applicable law or regulation; or
    • q. Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
  11. . User Feedback. Move In History welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Service, or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with Move In History, you acknowledge and agree that; (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) Move In History is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) Move In History shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) Move In History may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of Move In History without any obligation of Move In History to you and you hereby assign all of your rights in the suggestion and feedback to Move In History; (F) you are not entitled to any compensation or reimbursement of any kind from Move In History under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to Move In History.
  12. . Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources, or data. You acknowledge and agree that Move In History is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services, or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for an assume all risk arising from the use of any of these websites, resources, or data. Links to third party websites on the Service are not intended as endorsements or referrals by Move In History of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third -party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies, and practices of third-party websites.
  13. . Disclaimer of Warranties. The Service, including all Move In History data, is provided on an “As Is” and “As Available” basis. To the full extent permissible by applicable law, Move In History and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners and licensors (Collectively, The “Move In History Parties”) disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Move In History parties do not warrant that the service or gas data will be uninterrupted or error-free, that defects will be corrected, that the service or the servers that make the service available will be free or viruses or other harmful components, or that any product descriptions or depictions, or other content offered as part of the service, are accurate, reliable, current, or complete. You expressly agree that your use of the service is at your sole risk. If you download any content from the service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any content through the service. We reserve the right to restrict or terminate your access to the service or any feature or part thereof at any time. The Move In History parties assume no responsibility for the deletion, mis-delivery, or failure to store any content or personalization settings.
  14. . Limitation of Liability. You understand and agree that the Move In History parties will not be liable to you for any indirect, incidental, special consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if a Move In History party has been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the service or the Move In History data.
  15. . Abusing Move In History. Please report problems, offensive content, and policy violations to us by sending us an email at support@moveinhistory.com . We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
  16. . Copyright Policy. Move In History respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles, or links, you should credit the original source. Move In History is an internet platform, service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content. Move In History does provide content owners with the ability to notify Move In History if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to Move In History as set forth below. When we receive a valid DMCA notification, we will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order. Email your concerns to support@moveinhistory.com .
  17. . Release. If you have a dispute with one or more other users of the Service, you agree to release the Move In History Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Service. In entering into this release you expressly waive any protections (whether statutory or otherwise), including California Civil Code Section 1542, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
  18. . Indemnity. You agree to indemnify and hold the Move In History Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of; (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; or (D) your violation of any law rights of another party.
  19. . Choice of Law and Forum. The laws of the State of Massachusetts apply to these Terms of Service and to your relationship with the Move In History Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Massachusetts. You consent to the exclusive jurisdiction of the federal or state courts located in Massachusetts.
  20. . Arbitration Agreement and Waiver of Class Remedies.
    • a. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance, and breach) and your use of the Service shall be finally settled by binding arbitration by an arbitrator of Move In History’s choosing in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
      The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    • b. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    • c. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    • d. Thirty Day Rights to opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: Attn: General Counsel. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
  21. . Special Provisions for Users Located Outside of the United States. Move In History’s policies and procedures are based on United States law. As a result, if you are using the Service from a country embargoed by the United States or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.
  22. . Notices. Except as explicitly stated otherwise, legal notices shall be served on Move In History’s national registered agent (in the case of Move In History) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the email is sent.
  23. . Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of Move In History. Move In History may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
  24. . Waiver and Severability. Our failure to exercise or enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is held to be invalid, void, or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
  25. . Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
  26. . Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 8 (Move In History’s Rights in User Content), Section 14 (Limitation of Liability), Section 17 (Release), Section 18 (Indemnity) and Section 19 (Choice of Law and Forum), and Section 20 (Arbitration Agreement and Waiver of Class Action Remedies).
  27. . No Oral Modifications. Employees of the Move In History Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of Move In History parties offers to modify these Terms of Service, he or she is not acting as an agent of Move In History or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication form an employee of Move In History parties or anyone else purporting to act on our behalf.
  28. . Third Party Beneficiaries. These Terms of Service are between you and Move In History. There are no third party beneficiaries.
  29. . Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
  30. . Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at support@moveinhistory.com .

HOW TO CONTACT US.

If you have any questions about this Privacy Policy or our use of the information we collect from you in connection with the Service, you may contact us by email at support@moveinhistory.com. Visit us online at: https://www.moveinhistory.com