Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of the Smart Movers Club LLC (“Smart Movers Club,” “SMC,” “we,” or “us”) website, any client portal or web application made available by us, and any other services, content, or materials we provide through them (collectively, the “Service”).

Website visitors are referred to in these Terms as “Site Visitors.” Individuals or entities who use the Service as part of an engagement with us, including anyone who accesses a portal account and their permitted users, are referred to as “Customers” and “Authorized Users.” Site Visitors and Customers may be referred to as “you” or “your,” as applicable.

These Terms are in addition to, and do not replace, any other written agreement between you and us. If you are a Customer and you or your organization are bound by a separate services agreement, statement of work, or other signed contract with Smart Movers Club (the “Service Agreement”), then these Terms apply only to the extent your use of the Service is not already governed by the Service Agreement. If there is a conflict, the Service Agreement controls.

1) Acceptance of Terms

By accessing or using the Service, you accept and agree to be bound by these Terms (whether on behalf of yourself or a legal entity you represent). You also agree to comply with all applicable laws and regulations and any rules or restrictions posted on the Service. If you do not agree, you are not authorized to use the Service and must stop using it.

2) About Smart Movers Club

Smart Movers Club provides bid and proposal support services for contractors, and may provide access to a client portal to support collaboration and delivery. Any portal or tools we provide are part of how we deliver services and are not necessarily offered as a standalone software product unless stated in writing.

No legal advice; no attorney-client relationship. You understand and agree that Smart Movers Club is not a law firm or an attorney, may not perform services performed by an attorney, and is not a substitute for the advice of an attorney. Information contained on the Service is not legal advice and is not guaranteed to be correct, complete, or up to date. No attorney-client relationship or privilege is created with Smart Movers Club. If you need legal advice for your situation, consult a licensed attorney.

No guarantees. You acknowledge that outcomes (including bid results and awards) depend on third parties and factors outside our control, and results are not guaranteed.

3) Eligibility

By using the Service, you represent that you are at least 18 years of age and legally able to enter into a contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s behalf and bind it to these Terms. If Smart Movers Club has previously prohibited you from accessing the Service, you may not access or use the Service.

4) Customer Accounts

Certain parts of the Service may require an account (“Account”). When you create an Account, you agree to provide complete and accurate information and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You may not use another person’s Account without permission, and you may not allow anyone other than Authorized Users to access the Service through your Account.

You agree to notify us promptly of any unauthorized use of your Account or any other breach of security. We are not liable for losses you incur due to unauthorized use of your Account, and you may be liable for losses incurred by us due to unauthorized use of your Account resulting from your failure to protect your credentials. We may suspend or terminate an Authorized User’s access if we reasonably determine they violated these Terms.

5) Intellectual Property Rights

The Service is owned and operated by Smart Movers Club and contains proprietary materials protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted by these Terms or agreed in writing, you may not copy, reproduce, republish, download, upload, post, display, transmit, distribute, or exploit any portion of the Service.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes. If you are a direct competitor of Smart Movers Club, you may not access or use the Service without our explicit advance written consent.

Trademarks. Our trademarks, logos, taglines, and service marks (collectively, the “Trademarks”) may not be used without our prior written permission.

6) Copyright

We respect copyright law and expect Site Visitors and Customers to do the same. If you believe content on the Service infringes copyrights you own, please notify us at hello@smartmoversclub.com with sufficient information to investigate.

7) User Comments, Feedback, and Submissions

If you send ideas, suggestions, proposals, or other materials (collectively, “Comments”), you agree we may use them without restriction or compensation, and we are not obligated to keep them confidential or respond. You agree your Comments will not violate third-party rights and will not contain unlawful, abusive, defamatory, obscene, or malicious content, including malware.

8) Use Restrictions

By using the Service, you agree not to engage in any activity that, in our sole discretion: is illegal or violates any law or regulation; infringes or violates any third-party right (including privacy, publicity, copyright, trademark, or trade secret); is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; interferes with others’ use of the Service; impersonates any person or entity or misrepresents affiliation; attempts to gain unauthorized access to systems, accounts, or networks; introduces viruses, malware, or harmful code; decompiles, reverse engineers, disassembles, or attempts to derive source code from the Service except as permitted by law; removes, circumvents, or interferes with security-related features; scrapes, crawls, or uses automated means to extract content or data; uses the Service for benchmarking, or to compile information for a competing product or service; or frames the Service or otherwise alters the display of its pages.

We have no obligation to monitor content or usage, but we may do so to operate the Service, improve it, prevent fraud, investigate issues, comply with law, or enforce these Terms.

9) Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect information. We may access, preserve, or share information if we believe in good faith it is reasonably necessary to comply with legal process, enforce these Terms, investigate suspected illegal activity, address security issues, or protect rights, property, or safety.

10) Customer Data

You are responsible for the data and information you or your Authorized Users input or upload (“Customer Data”) and for obtaining any necessary rights and licenses for Customer Data to be used as contemplated by these Terms and any Service Agreement. You represent and warrant that you have the legal right and authority to access, use, and disclose Customer Data to us. You authorize us to access, process, and use Customer Data as reasonably necessary to provide the Service and perform our obligations.

11) Customer Warranties

You represent and warrant that: (a) you have the rights and authority to use the Service under these Terms; (b) you are responsible for all use of the Service under your Account; (c) you will maintain the confidentiality of Account credentials; (d) you will notify us promptly of unauthorized use; (e) any information you submit is true, accurate, and correct to the best of your knowledge; and (f) you will use the Service only for lawful purposes and in compliance with these Terms.

12) Fees

Fees, if any, are governed by your Service Agreement or written order form. We reserve the right to change pricing or introduce fees for certain aspects of the Service upon notice (by posting on the Service or by email). Continued use after notice constitutes acceptance of updated fees to the extent applicable.

13) Modification of the Service

We may modify or discontinue the Service (or any part) at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance.

14) Term and Termination

These Terms remain effective until terminated. You may terminate by ceasing use of the Service. We may terminate or suspend access to the Service or your Account at any time in our discretion, including for breach of these Terms. Upon termination: (a) liabilities accrued prior to termination survive; (b) licenses granted to you terminate; and (c) our obligation to provide the Service terminates except as required by a Service Agreement. Provisions that by their nature should survive will survive (including IP, disclaimers, limitation of liability, and indemnification).

15) Third-Party Content

The Service may include links to third-party websites or resources beyond our control. We make no representations about third-party content and are not responsible for third-party services. Your dealings with third parties are solely between you and the third party.

16) Warranties and Disclaimers

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS. YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS CODE, OR THAT DEFECTS WILL BE CORRECTED. AI-ASSISTED OUTPUTS (IF PROVIDED) MAY BE INCORRECT OR INACCURATE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS MADE IN RELIANCE ON SUCH OUTPUTS. Some jurisdictions do not allow limitations on implied warranties, so some of the above may not apply to you.

17) Indemnification

You agree to defend, indemnify, and hold harmless Smart Movers Club, our affiliates, officers, directors, employees, contractors, and agents from and against third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your Customer Data; or (d) your infringement of any intellectual property or other right of any person or entity.

18) Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SMART MOVERS CLUB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SMART MOVERS CLUB FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS YOUR SERVICE AGREEMENT STATES A DIFFERENT CAP. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

19) Relationship of the Parties

You and Smart Movers Club are independent contractors. These Terms do not create a partnership, joint venture, franchise, agency, or employment relationship. There are no third-party beneficiaries to these Terms.

20) General

Electronic Communications. You agree that communications we provide electronically satisfy any legal requirement that such communications be in writing.

Assignability. You may not assign these Terms without our prior written consent. We may assign these Terms without notice in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure. Neither party is liable for failure or delay caused by events beyond reasonable control (except payment obligations).

Governing Law. These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Venue. Any dispute not subject to small claims will be resolved exclusively in the state or federal courts located in New Jersey, and you consent to jurisdiction and venue in those courts.

Entire Agreement. These Terms and documents expressly incorporated by reference are the entire agreement regarding your use of the Service, except as superseded by a Service Agreement.

Severability. If any provision is unenforceable, the remaining provisions remain in effect.

Headings. Headings are for convenience only and do not affect interpretation.

21) Changes to Terms

We may update these Terms at any time. The most current version will be posted on the Service. Your continued use after changes become effective constitutes acceptance.

22) Contact

If you have questions or concerns about these Terms, contact:

Smart Movers Club LLC
hello@smartmoversclub.com