Terms of Service

BEKINS VAN LINES TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. 

BY USING THE SERVICE OR CLICKING “AGREE” you ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE AGREEING TO THeSE TERMS OF USE ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR A THIRD PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THESE TERMS OF USE ON THEIR BEHALF.

These terms of use are between Bekins Van Lines, Inc., an Indiana corporation (Company), and the user agreeing to these terms (User).

  1. Software service. 

These terms of use provide User access to and usage of an Internet-based payment service (Service).

  1. USE OF SERVICE.
    1. User Owned Data. All data uploaded or provided by User to the Service remains the property of User, as between Company and User, including but not limited to payee information and payment instructions (User Data). User grants Company the right to use the User Data solely for purposes of performing under these terms of use.
    2. User Responsibilities. User: (i) must keep its passwords secure and confidential; (ii) is solely responsible for User Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Company promptly of any such unauthorized access; (iv) may use the Service only in accordance with the Service’s user guide and applicable law; and (v) authorizes Company to complete the payment transaction in the method chosen by User.
  2. Disclaimers.
  3. warranty disclaimer.  THE SERVICE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE COMPANY TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, COMPANY DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. USER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.  SOME STATES MAY NOT ALLOW, SUCH DISCLAIMERS, EXCLUSION OR LIMITATION, SO THE ABOVE DISCLAIMER, EXCLUSION OR LIMITATION MAY NOT APPLY TO user.
  4. USER DATA DISCLAIMER.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF USER DATA, INCLUDING BUT NOT LIMITED TO PAYEE INFORMATION AND PAYMENT INSTRUCTIONS.  COMPANY HAS NO RESPONSIBLITIES OR OBLIGATIONS TO USER BASED ON THE ACTIONS OR INACTIONS OF PAYOR OR USER WITH RESPECT TO THE USER DATA.
  1. MUTUAL CONFIDENTIALITY.
    1. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Company’s Confidential Information includes, without limitation, the Service, its user interface design and layout, and pricing information. User’s Confidential Information includes, without limitation, the User Data.
    2. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care), and it may not disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this terms of use. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with these terms of use and who have signed confidentiality terms of uses with Recipient no less restrictive than the confidentiality terms of this terms of use.
    3. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order but will provide Discloser with advance notice to seek a protective order.
  2. COMPANY PROPERTY. 
    1. Reservation of Rights. The software, workflow processes, user interface, designs, and other technologies provided by Company as part of the Service are the proprietary property of Company and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with Company. User may not remove or modify any proprietary marking or restrictive legends in the Service. Company reserves all rights unless expressly granted in these terms of use.
    2. Restrictions. User may not: (i) sell, resell, rent, or lease the Service or use it in a service-provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function, or graphic for competitive purposes. 
    3. Aggregated Data. During and after the term of these terms of use, Company may use and owns all anonymized data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support, and other business purposes.
  3. TERM

These terms of use continue until terminated by either party for convenience at any time.

  1. LIABILITY LIMIT. 
    1. Exclusion of Indirect Damages. Company is not liable for any indirect, special, incidental, or consequential damages arising out of or related to these terms of use (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility or foreseeability of such damage or loss.
    2. Total Limit on Liability. Company’s total liability arising out of or related to these terms of use (whether in contract, tort, or otherwise) does not exceed $50.
    3. Consumer Law Notice. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. User may have additional consumer rights under local law. User may also have other rights which vary from jurisdiction to jurisdiction.
  2. USER Indemnity. 

If a third party claims against Company that any part of the User Data: (i) is inaccurate or incomplete, (ii) violates a law, or (iii) infringes that party’s patent, copyright, or other right, User will defend Company against that third party claim at User’s expense and pay all costs, damages, and attorneys’ fees that a court finally awards or that are included in a settlement approved by User, provided that Company promptly notifies Customer of the claim in writing, cooperates with User in the defense, and allows User to solely control the defense or settlement of the claim.

  1. GOVERNING LAW AND FORUM. 

This agreement is governed by the laws of the State of Indiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for the state of Indiana, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  1. 10.OTHER TERMS. 
    1. Entire Terms of use and Changes. These terms of use constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreement, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in these terms of use. No representation, promise, or inducement not included in these terms of use is binding. No modification or waiver of any term of these terms of use is effective unless both parties sign it, however these terms of use may be modified through an online process provided by Company.
    2. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.
    3. Money Damages Insufficient. Any breach by a party of these terms of use or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of this terms of use.
    4. Feedback. If User provides feedback or suggestions about the Service, then Company (and those it allows to use its technology) may use such information without obligation to User.
    5. Survival of Terms. Any terms, that by their nature survive termination of these terms of use for a party to assert its rights and receive the protections of these terms of use, will survive (including, without limitation, the confidentiality and indemnity terms).

Last Revised January 31, 2022

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