Colonial Van Lines (“Company”) provides website features and other services and products to you when you visit at the following website:
and/or any other website, domain and/or subdomain owned and operated by us (the “Websites”), use our products or services, use our applications for mobile (“Apps”), and/or use Software provided by us in connection with any of the foregoing (collectively, “Service(s)”). We provide the Services subject to the terms and conditions printed below (the, “Terms and Conditions”).
IMPORTANT — These Terms and Conditions represent a binding and legal agreement (“Agreement”) between you and Company that sets forth the legal terms and conditions for your access to and use of the Services. When you use a Service, you may also be subject to all the guidelines, terms, and agreements applicable to that Service (“Service Terms”). If this Agreement is inconsistent with the Service Terms, those Service Terms will control. A copy of this Agreement may be downloaded, saved, and printed for your reference.
Please read this Agreement carefully before using the Services. By using the Service(s), you agree to be bound by the terms and conditions of this Agreement. If you do not agree with all the provisions of this Agreement, do not access and/or use the Services.
Use of Company Services
The Services are provided solely to assist you in transacting business with us, including viewing information about third-party vendors and for no other purposes. As a condition of your use of the Services, you confirm and warrant to us that you meet all applicable eligibility requirements set out in this Agreement and have the right, authority, and capacity to enter into this Agreement or, if you are under the age of majority in your jurisdiction of residence, you have obtained the consent of your parent or legal guardian to this Agreement.
Company will provide the Services to you, which are subject to this Agreement. Every time you visit the Websites and/or Apps, use the Services or perform a transaction, you accept the following conditions which, from time to time, may be updated by us without notice. This is why we urge you to read them carefully.
Before you continue using our Websites and/or Apps we advise you to read the Company’s Privacy and Security Policies below, each of which, by using the Service, you agree to comply.
Electronic Communications
When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages via this service and/or through other of our communication methods, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you on our Websites, Apps and/or other electronic or digital medium satisfy any legal requirement that such communications be in writing.
Lawful Purpose
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Company’s Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, platforms, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Modify, translate, adapt, or otherwise create derivate works or improvements, whether or not patentable, of the Website, any of its platforms or functionalities.
- Reverse engineer, disable, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, any of its platforms or functionalities.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, any of its platforms or functionalities of the Website, to any third party for any reason.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Company Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are our Company trademarks or trade dress in the U.S. and other countries. Our Company trademarks and trade dress may not be used in connection with any product or service that is not our Service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Subject to your compliance with this Agreement and any other applicable Service Terms, and your payment of any applicable fees, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third-party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement or in any Service Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or our other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us in this Agreement terminate if you do not comply with all the terms of this Agreement and/or any Service Terms.
Your Use of Independent Agents
In the United States, our company is represented by, and our moving and relocation services and/or other related services (“Moving and Relocation Services”) are provided and sometimes sold through, a network of independently owned local moving companies across the country. While these moving companies are legally acting on our behalf, these companies are our “Agents.” However, these companies also independently operate their own moving and relocation businesses that sell and provide a variety of their own relocation or related services, typically local and intrastate moves, that are outside of Agents’ relationship with us and have absolutely nothing to do with us or our Services, Moving and Relocation Services, or other services (“Agent Services”). You acknowledge and agree that when acting independently of us, these local moving companies are not our Agents.
Your Use of Third-party Vendor(s)
From time to time, either for or without consideration, we may provide information about, forward or otherwise refer you to the services of independent, third-party vendors (“Vendor(s)”) that offer to sell you their relocation services and/or other related services that are sold/provided outside of your or the third-party vendors’ relationships with us and have absolutely nothing to do with us or our Services, Moving and Relocation Services, or other services (“Vendor Services”). In choosing to receive information about/from such Vendors, you are expressly acknowledging and agreeing that we are not acting as a broker, motor carrier, warehouseman or other transportation provider of any commodity when you choose to independently interact with any such Vendor and that all Vendor Services are offered and delivered by those Vendors through their own businesses, independent from your arrangements with us. Local moving companies, sometimes representing us as Agents, are considered Vendor(s) when they act independently of us and our Moving and Relocation Services.
Your Contracts with Vendor(s)
If you receive a Vendor Estimate or purchase their Vendor Services, products, or other services directly or through the Vendor(s) Sites, you are purchasing directly from Vendor(s), not from us. It is understood that contracts or other agreements between you and Vendor(s) are entered into entirely at their own discretion and without any warranty, guarantee, or obligation from us. You are responsible for paying Vendor(s) directly for services rendered or for products purchased from them, and you agree to adhere to the terms and conditions of any contracts or other agreements entered with Vendor(s). We expressly disclaim all liability for any acts or omissions of the Vendor(s) and have no responsibility to resolve disputes or enforce the terms of any contracts or other agreements entered between you and Vendor(s).
Your Account
You may need your own account to use certain Services and/or Moving and Relocation Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell or provide services, including Services, to or for children, but it sells or provides services, including Services, to adults, who may purchase with a credit card or other permitted payment method. If you are under 18, you may not use the Services without the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate your rights to use services, including Services, remove or edit content, or cancel orders in its sole discretion.
Your Estimate
An estimate of charges for our Moving and Relocation Services, products, or other services (a “Estimate”) may be provided to you by us or Vendor(s). To receive an Estimate, you may be asked to provide certain information through our Services or any other process we or Vendor(s) may require. The following terms apply to Estimates made available to you in connection with Services:
- Estimate. In relation to our Moving and Relocation Services, we reserve the right to perform a visual survey of the property you wish to relocate and the location(s) from which the property will be tendered to us. Our Estimate may change based on the visual survey and/or other factors related to the Moving and Relocation Services ordered by you. We cannot confirm any Estimate received from us until such time as you confirm your order for our Moving and Relocation Services according to the instructions, we provide you with along with those documents. If we provide you with multiple Estimates, the applicable Estimate shall be determined by applicable law.
- Vendor(s) Estimate. From time-to-time, either for or without consideration, we may provide you with links to Vendor(s) websites, domains, subdomains, sites, or mobile applications (the “Vendor(s) Sites”) where you may choose to request estimates of charges from Vendor(s) for their Vendor Services, products, or other services, such as local/intrastate moves, property insurance, junk-removal, or more (a “Vendor Estimate”). You should carefully review the Vendor(s) terms and conditions for their Vendor Estimates, the Vendor(s) privacy statements, and other conditions of use for the Vendor(s) Sites. You also acknowledge and agree that we: (a) are not responsible for examining or evaluating Vendor(s) Estimates; (b) do not warrant the Vendor(s) Estimates or offerings of the Vendor(s) (including the content of Vendor(s) Sites); and (c) do not assume and expressly disclaim responsibility or liability arising from or related to the Vendor(s) Estimates.
Your Reviews, Comments, Communications, and Other Content
Where permitted, you may post reviews, comments, photos, videos, and other content; send e-mails and other digital or electronic communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of privacy rights, intellectual property rights (including publicity rights), or otherwise inconsistent with applicable laws, injurious to third-parties and/or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right, but disclaim the obligation, to remove or edit such content, but do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We expressly disclaim all responsibility and assume no liability for any content posted by you or any third-party.
By visiting sections of our Websites and/or Apps that contain user-submitted content, you acknowledge and understand that the opinions posted are solely those of the authors and not ours, our officers, staff, board, affiliates, or organizations with which they may have a relationship.
Security
We store and process your personal information on our computers in the US and our offices in Florida. We protect it by maintaining physical, electronic, and procedural safeguards in compliance with applicable US federal and state regulations. We enforce physical access controls to our buildings and files. We authorize access to information for those employees who require it to fulfill their job responsibilities.
Company Email Policy
The use of technology to collect email addresses from this site is prohibited. The presence of email addresses on our Websites and/or Apps is not an invitation for unsolicited commercial email. Senders of email are expected to abide by all applicable laws.
Service Descriptions
We expressly disclaim any warranties that the descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. If a Service offered by us itself is not as described, your sole remedy is to contact us in writing.
Apps Permissions
When you use our Apps, you may grant certain permissions to us for your device(s). Most mobile devices provide you with information about these permissions.
Sanctions and Export Policy
You may not use any Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Software), technology, and services.
Limitation of Liability and Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ANY WEBSITE, PRODUCT AND SERVICE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITES AND THEIR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES’, OR THEIR LICENSORS’, SERVICES PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’ OR DIRECTORS’ AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND, BASED ON ANY LEGAL THEORY OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED VIA THE WEBSITES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE RELEVANT CLAIM ACCRUED, OR (B) ONE HUNDRED DOLLARS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Arbitration (READ CAREFULLY)
Any dispute or claim relating in any way to your use of any Service, or to any products or services sold or distributed by us or through our Websites and/or Apps will be resolved by binding arbitration, rather than in court.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Applicable Law
By using the Services, you agree that applicable federal law, the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us arising from the Services.
Modification and Severability
Please review our other policies, such as our Privacy Policy and Security Policy, that we otherwise provided to you. These and our other policies may also govern your use of the Services. We reserve the right to make changes to our Services, Services Policies, Service Terms, and/or this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Business Address
1441 SW 29TH AVENUE,
STE 100
POMPANO BEACH, FL 33069
Additional Software Terms
The following terms (“Software Terms”) are applicable to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Services (the “Software”).
- Use of the Software. You may use the Software solely for purposes of enabling you to use the Services as provided by us, and as permitted by this Agreement and any applicable Service Terms. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section of this Agreement), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. All software used in any Service is our exclusive property or our software suppliers and is protected by United States and international copyright laws.
- Use of Third-Party Services. When you use the Software, you may also be using the services of one or more third-parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see, 48 C.F.R. §2.101 or its successor), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement.
- Conflicts. In the event of any conflict between this Agreement and any other of our or third-party terms applicable to any portion of Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.
Subpoenas, Legal Process, and How to Serve
We accept service of subpoenas or other legal process only through our registered agent, LAW OFFICES OF ELIAS R. HILAL. Subpoenas or other legal process may be served by sending them to the following address:
LAW OFFICES OF ELIAS R. HILAL
12 SE 7th Street, Suite 700
Ft. Lauderdale, FL 33301
Making Claims for Infringement of Your Intellectual Property
If you believe that your intellectual property rights have been infringed, please submit your written complaint to:
LAW OFFICES OF ELIAS R. HILAL
12 SE 7th Street, Suite 700
Ft. Lauderdale, FL 33301
We will respond quickly to the concerns of rights owners about any alleged infringement, and we will terminate repeat infringers in appropriate circumstances.
Written claims concerning infringement of your intellectual property must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property;
- A description of the intellectual property that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner’s behalf.