Our Terms

Read about our Terms of Service below...

Relocity has updated Terms of Service, effective as of November 25, 2024 (the, “Effective Date”). For the prior version of our Terms of Service, please click here.

These Terms of Service, together with any other terms or policies incorporated herein by reference, as amended from time to time (collectively, this “Agreement”) constitute a legally binding agreement between you and Relocity, Inc. (“Relocity”) governing your access to and use of Relocity’s websites (including https://relocity.com/) (the “Websites”), software-as-a-service platform, web and mobile applications (the “App(s)”), application program interfaces (the “APIs”), and related products, services, information, and communications (collectively, the “Relocity Platform”). You and Relocity are referred to herein, individually as a “party,” and collectively as the “parties.”If you access or use the Relocity Platform as an individual not formally associated with an entity, then you are entering into this Agreement on your own behalf. If you access or use the Relocity Platform on behalf of a company, organization, government, or other legal entity, then you are entering into this Agreement on behalf of the entity that you represent. If your employer directly or indirectly via third party (your “Sponsor”) has provided you access to the Relocity Platform for your personal use, then you are entering into this Agreement on your own behalf. You hereby represent and warrant to Relocity that (i) you are of legal age to form a binding contract with Relocity, (ii) you have the authority to enter into this Agreement personally or on behalf of the entity you represent, (iii) you are otherwise legally capable of entering into and performing this Agreement, and (iv) you are not a person or acting on behalf of an entity barred from receiving or using the Relocity Platform under the laws of the United States or any other applicable jurisdiction.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING, BROWSING, OR USING THE RELOCITY PLATFORM, DOWNLOADING AN APP, CHECKING A BOX OR CLICKING A BUTTON THAT YOU AGREE TO THIS AGREEMENT, OR OTHERWISE COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND COMPLY WITH ITS TERMS, YOU CANNOT ACCESS OR USE THE RELOCITY PLATFORM.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 10.4) THAT REQUIRES ANY DISPUTES BETWEEN YOU AND RELOCITY TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. THE PLATFORM.

1.1. Ownership. Relocity and its licensors reserve sole and exclusive ownership of all right, title, and interest in and to the Relocity Platform, including all copyrights, patents, trademarks, trade secrets, know-how, and other intellectual property and proprietary rights embodied therein. The Relocity Platform includes all of Relocity’s proprietary technologies, software, applications, computer programs, source code, object code, algorithms, systems, processes, methods, formatting, layout, designs, patents, or other technology, whether or not patentable, copyrightable, or otherwise subject to intellectual property rights protection, whether now in existence or hereinafter devised, including any and all modifications, reconfigurations, and enhancements thereto.

1.2. Relocity Platform License. Subject to your compliance with this Agreement, Relocity grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right for you to access and use the Relocity Platform for personal, non-commercial purposes during the term of your or your Sponsor’s applicable subscription period for your use of the Relocity Platform. The Relocity Platform is licensed, not sold. Relocity and its licensors reserve all rights and licenses in and to the Relocity Platform not expressly granted under this Agreement. You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed for you to use the Relocity Platform.

1.3. Relocity Platform Restrictions; Prohibited Uses. You may use the Relocity Platform only for lawful purposes and in accordance with this Agreement. You must not, and agree not to:
(a) access, use, or permit the access to or use of, the Relocity Platform except as expressly authorized under this Agreement;
(b) interfere with or disrupt the integrity or performance of the Relocity Platform or any third party application or data contained therein;
(c) reverse engineer, decompile, disassemble, decrypt, or otherwise tamper with the Relocity Platform, except where such restriction is expressly prohibited by Applicable Laws;
(d) derive the trade secrets, source code, object code, algorithms, or such other code (in the form in which it is customarily read and edited) of the Relocity Platform;
(e) defeat, avoid, by-pass, remove, disable, deactivate or otherwise circumvent any software protection mechanisms, restrictions on access, or any other features or functionalities of the Relocity Platform;
(f) introduce, transmit, disseminate, or otherwise make available through or in connection with the Relocity Platform any viruses, adware, spyware, time bombs, worms, or other malicious code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
(g) overload, flood, spam, or otherwise create an undue burden on the Relocity Platform infrastructure;
(h) reproduce, copy, modify, adapt, translate, emulate, or create derivative works of the Relocity Platform;
(i) distribute, sell, rent, lease, loan, timeshare, sublicense, or otherwise exploit any portion of (or any use of) the Relocity Platform to any third party, except as expressly authorized under this Agreement, without Relocity’s express prior written consent;
(j) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather data from the Relocity Platform, or reproduce or circumvent the navigational structure or presentation of the Relocity Platform, without Relocity’s express prior written consent;
(k) incorporate any portion of the Relocity Platform into any product or service, without Relociity’s express prior written consent;
(l) access the Relocity Platform for the purpose of building a similar or competitive product or service;
(m) monitor availability, performance, or functionality of the Relocity Platform for any benchmarking or competitive purposes;
(n) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from Relocity;
(o) impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Relocity Platform;
(p) post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
(q) remove, alter, or obscure any copyright, trademark, or other proprietary or intellectual property rights notices or marks appearing on the Relocity Platform;
(r) use the Relocity Platform in any manner that is unlawful, in violation of any third party rights, or in violation of this Agreement; or
(s) attempt to do any of the foregoing acts or assist or permit any third party to do any of the foregoing acts. If you access or use the Relocity Platform by or through a Sponsor, Relocity reserves the right to notify your Sponsor, or administrator associated with your Sponsor’s Account, with respect to your actual or alleged violation of this Agreement.

1.4. Feedback. If you provide Relocity with any suggestions, comments, requests, recommendations, or other feedback regarding the Relocity Platform (“Feedback”), you hereby irrevocably assign to Relocity all rights in the Feedback and agree that Relocity shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Relocity will treat any Feedback you provide to Relocity as non-confidential and non-proprietary. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited, and without restriction and does not place Relocity under any obligation in respect of such Feedback. You agree that you will not submit to Relocity any information or ideas that you consider to be confidential or proprietary.

1.5. Modifications to the Relocity Platform. Relocity reserves the right in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Relocity Platform (or any features or parts thereof) at any time, without notice, and without any liability to you.

2. YOUR USE OF THE PLATFORM.

2.1. Access; Account. You must register with Relocity and create an account to access or use the Relocity Platform (your “Account”). You agree to provide current, true, accurate, and complete information necessary for the registration of your Account. Relocity reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading. You are solely responsible for maintaining the confidentiality of any login credentials for your Account, including your email, user identification, and password. You are solely and fully responsible for all activities that occur under your Account, whether to not authorized by you. Relocity shall not be liable for any claims, losses, or damages that may occur as a result of your failure to maintain the confidentiality of your login credentials. You agree to promptly notify Relocity if your password is lost, stolen, or disclosed to an unauthorized third party, or you become aware of any unauthorized use of or access to your Account.

2.2. Privacy Policy. The use of all personal data you submit to the Relocity Platform or which Relocity collects about you in connection with the Relocity Platform is governed by Relocity’s privacy policy located at https://relocity.com/privacy (the “Privacy Policy”), which is hereby incorporated by reference. By accessing or using the Relocity Platform, you acknowledge that you have read, understand, and agree to be bound by the Privacy Policy.

2.3. Communications. Relocity may communicate with you, and you expressly consent to receive communications from Relocity, via email, text messages, telephone calls, videoconferencing, pushed notifications, or other forms of electronic communications regarding the services provided by the Relocity Platform and other issues related to your Account. You acknowledge that communications to or from Relocity may be monitored and recorded for the purposes of quality control and training. If you access or use the Relocity Platform by or through a Sponsor, Relocity may communicate with your Sponsor, or administrator associated with your Sponsor’s Account, with respect to your Account.

2.4. Acceptable Use. You agree to use the Relocity Platform only in accordance with (i) this Agreement, (ii) any written instructions, policies, guidelines, or requirements provided to you by Relocity or published to all users via push notification or otherwise in the Relocity Platform, and (iii) all applicable foreign, federal, state, and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, or other duly authorized actions of any governmental authority with competent jurisdiction (“Applicable Laws”).

2.5. Code of Conduct. Due to the personalized nature of the services provided by the Relocity Platform, you may, from time to time, personally interact with Relocity personnel or other persons. You acknowledge that your continued use of the Relocity Platform is contingent upon your continued observance of the following code of conduct (“Code of Conduct”). In connection with the Relocity Platform, you agree that you will not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to any person or create a condition that endangers the health and safety of any person; (ii) make or attempt any unwanted sexual advance or statement to any person; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against any person; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed, or offended; or (v) engage in any behavior that discriminates against any person because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation, or religion. The purpose of this Code of Conduct is to ensure the safety, comfort, and enjoyment of all involved when you use the Relocity Platform. Any violation of this Code of Conduct shall be deemed a material breach of this Agreement and Relocity may suspend or terminate your Account.

2.6. Third Party Applications. Relocity may make various third party applications available for use in connection with the Relocity Platform (the “Third Party Applications”). By authorizing any Third Party Applications in connection with the Relocity Platform, you acknowledge and agree that (a) such Third Party Applications may have access to your data in connection with the interoperation with and support of such Third Party Applications on the Relocity Platform, (b) your use of such Third Party Applications may require you to agree to a separate agreement or terms and conditions with such Third Party Applications, which will govern your use of such Third Party Applications, and (c) Relocity shall not be responsible for any use, disclosure, modification, or deletion of your data by such Third Party Applications or for any act or omission on the part of such Third Party Applications. Relocity does not make any representations or warranties concerning any Third Party Applications or any other non-Relocity product or service, regardless of whether such Third Party Applications are promoted or made available through the Relocity Platform or are designated by Relocity as “certified,” “approved,” or “working with” Relocity or the Relocity Platform. By using the Relocity Platform, you expressly relieve Relocity from any and all liability for any claims, losses, or damages arising out of or in connection with your use of any Third Party Applications that are accessed from or used in combination with the Relocity Platform.

2.7. External Links. The Relocity Platform may contain links to other independent third party websites (“External Links”). These External Links are provided solely as a convenience to you. Relocity does not make any representations or warranties concerning such External Links. Relocity has no control over, and assumes no responsibility for, the content, privacy policies, security, or practices of any External Links. Any linking to or from any such External Links by you is at your own risk. By using the Relocity Platform, you expressly relieve Relocity from any and all liability for any claims, losses, or damages arising out of or in connection with your use of any External Links that are accessed from the Relocity Platform. You need to make your own independent judgement regarding your interaction with these External Links.

2.8. No Dependence on Future Functionality. You agree that you are not entering into this Agreement in reliance upon or contingent on the provision of any functionality not currently provided as part of the Relocity Platform, and no statement or other information made available by Relocity with respect to the Relocity Platform, whether written, orally, or otherwise, shall be binding unless specifically set forth in a writing signed by you and an authorized officer of Relocity. Relocity reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Relocity Platform, at any time, with or without notice to you, in its sole discretion

2.9. Beta Access. You may be invited to participate in the review, use, and testing of pre-release versions of the Relocity Platform or new features or functionalities of the Relocity Platform which may be identified as “beta,” “early access,” “evaluation,” “preview,” “test,” “pre-release,” or similar terms (“Beta Access”). You acknowledge and understand that your participation in such Beta Access is not required, is at your own risk, is made available on an “as is” basis only, and may be subject to additional terms related to their use.

2.10. Additional Terms. Additional terms may govern certain features or content of the Relocity Platform. By using such features or content or otherwise participating in any activity as part of the Relocity Platform governed by additional terms, you agree that you will be subject to those additional terms and such additional terms shall be incorporated into this Agreement by reference.

2.11. Relocity Marks. Relocity’s name and all related names, logos, product and services names, designs, and slogans are trademarks of the Relocity, its affiliates or licensors (the “Relocity Marks”). You may not use the Relocity Marks without Relocity’s prior written consent. Nothing contained in this Agreement or on the Relocity Platform should be construed as granting any right to use any Relocity Marks without the express prior written consent of the owner.

3. USER CONTENT.

3.1. Interactive Services; User Content. Relocity may make available to users of the Relocity Platform forums, message boards, bulletin board services, customer review services, direct messaging with other users, or other interactive communication features or content by means of the Relocity Platform (collectively, the “Interactive Services”) in which users may post or upload user-generated content, including, but not limited to, text, photos, messages, or other materials (collectively, “User Content”).

3.2. License to User Content. By submitting User Content to the Relocity Platform, you automatically grant Relocity the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) worldwide in any form, media, or technology for the full term of any copyright that may exist in such content, without payment to you or to any third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you forever waive and agree to not claim or assert any entitlement to any and all moral rights of an author in any of the User Content. Relocity is free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to Relocity any ideas, suggestions, or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against Relocity with respect to any use or non-use of User Content or Feedback. When you submit User Content, you understand that Relocity will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Relocity Platform. If Relocity makes use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how Relocity uses them. You represent and warrant to Relocity that you have the full legal right and authority to grant to Relocity the license provided for herein, that you own or control the complete rights to the User Content you submitted, and that neither the User Content nor the exercise of the rights granted herein shall violate this Agreement or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.

3.3. Prohibited Materials. By submitting any User Content or participating in any Interactive Services within or in connection with the Relocity Platform, you agree to not upload, post, or otherwise transmit any User Content that:
(a) is obscene, indecent, harassing, threatening, pornographic, profane, sexually explicit, libelous, abusive, bigoted, or hateful;
(b) constitutes SPAM or unauthorized advertising;
(c) invades anyone’s privacy;
(d) encourages conduct that would constitute a criminal offense;
(e) otherwise violates any Applicable Laws;
(f) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(g) constitutes or contains false or misleading indications of origin or statements of fact;
(h) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(i) causes injury of any kind to any person or entity;
(j) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; or
(k) contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Any conduct that in Relocity’s sole determination restricts or inhibits anyone else from using or enjoying the Relocity Platform will not be permitted. Relocity reserves the right in its sole discretion to remove or edit User Content by you and to terminate your use of the Relocity Platform for any reason.

3.4. Monitoring.  Relocity has the right, but not the obligation, to monitor User Content uploaded, posted, or otherwise transmitted to the Relocity Platform. Although Relocity has no obligation to monitor, screen, edit, or remove any of the User Content posted or uploaded to the Relocity Platform, Relocity reserves the right, and has absolute discretion, to monitor, screen, edit, refuse to post, or remove without notice any User Content uploaded, posted, or otherwise transmitted to the Relocity Platform at any time and for any reason. The decision by Relocity to monitor or modify User Content does not constitute and shall not be deemed to constitute any responsibility or liability in any manner on the part of Relocity in connection with or arising from use by you of the Interactive Services on the Relocity Platform. Relocity may disclose information regarding your access to and use of the Relocity Platform, your User Content, the circumstances surrounding the transmission of User Content, and personal information regarding users who make User Content available, in each case in accordance with Applicable Laws or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with the Privacy Policy. Without limiting the generality of the foregoing, you acknowledge and agree that your Sponsor may have access to your User Content and Relocity may disclose your User Content to your Sponsor.

3.5. User Content Is Not Endorsed or Verified by Relocity. Relocity does not endorse, support, sanction, verify, or agree with the comments, opinions, or statements posted in Interactive Services or otherwise contained in the Relocity Platform. Any information or materials placed on the Interactive Services or the Relocity Platform, including advice and opinions, are the views of those who post the statements, and do not necessarily represent the views of Relocity. Relocity assumes no responsibility for the accuracy, reliability, appropriateness, or legality of any material posted. You understand and agree that you will evaluate, and bear all risks associated with, the use of any content posted by other users, including any reliance on the accuracy, completeness, or usefulness of such content.

3.6. Public Communications. You acknowledge and agree that any User Content made to or by means of the Relocity Platform are public. You acknowledge that you have no expectation of privacy in any User Content. No confidential, fiduciary, contractually implied or other relationship is created between you and Relocity by reason of your transmitting User Content to the Interactive Services or the Relocity Platform.

4. THIRD PARTY SERVICES.

4.1. Third Party Services. Relocity may provide access to and enable you to independently contract with various third party service providers through the Relocity Platform (“Third Party Service Providers”) for certain goods and services including relocation and related services, such as movers, storage companies, temporary housing, household goods suppliers, and tax and immigration advisors (collectively, the “Third Party Services”).

4.2. Engaging Third Party Service Providers. You are responsible for the direct purchase of any Third Party Services from Third Party Service Providers. The purchase of Third Party Services may be subject to the terms and conditions, agreements, and privacy and security policies of the Marketplace Provider, which will govern your use of such Third Party Services. You are solely responsible for reviewing such Third Party Service Providers’ policies and practices to ensure that they meet your requirements. In order to facilitate the Third Party Services, you authorize Relocity to share your data to Third Party Service Providers that you expressly request to inquire about or purchase Third Party Services from or through the Relocity Platform. Any exchange of data between you and any Third Party Service Providers is solely between you and such Third Party Service Providers. To the extent you authorize the access to or transmission of your data to certain Third Party Service Providers, Relocity shall not be responsible for any use, disclosure, modification, or deletion of such data by such Third Party Service Providers or for any act or omission on the part of such Third Party Service Providers. By using the Relocity Platform, you expressly relieve Relocity from any and all liability for any claims, losses, or damages arising out of or in connection with your use of any Third Party Services from Third Party Service Providers that are accessed from, purchased through, or used in combination with the Relocity Platform.

4.3. Assumption of Risk; No Warranties on Third Party Services. RELOCITY PROVIDES INDIVIDUALS LIKE YOU WITH ACCESS TO THIRD PARTY SERVICE PROVIDERS FOR THIRD PARTY SERVICES. SHOULD YOU ENGAGE ANY THIRD PARTY SERVICE PROVIDERS FOR THIRD PARTY SERVICES, SUCH THIRD PARTY SERVICE PROVIDERS ARE YOUR INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, JOINT VENTURERS, FRANCHISEES, INDEPENDENT CONTRACTORS, OR AGENTS OF RELOCITY. RELOCITY DOES NOT PERFORM THIRD PARTY SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THIRD PARTY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS ARISING FROM, THE SELECTION, PURCHASE, USE, AND RECEIPT OF ANY THIRD PARTY SERVICES FROM THIRD PARTY SERVICE PROVIDERS. RELOCITY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR OTHERWISE SUPPORT THIRD PARTY SERVICES OR ANY OTHER NON-RELOCITY PRODUCT OR SERVICES, REGARDLESS OF WHETHER SUCH THIRD PARTY SERVICES ARE PROMOTED OR MADE AVAILABLE THROUGH THE RELOCITY PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT RELOCITY HAS NO CONTROL OR ABILITY TO CONTROL ANY THIRD PARTY SERVICES AND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL, OR MONITOR ANY THIRD PARTY SERVICE PROVIDER’S WORK. ACCORDINGLY, RELOCITY EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY OR LIABILITY FOR THIRD PARTY SERVICE PROVIDERS OR THE THIRD PARTY SERVICES PERFORMED IN ANY MANNER, INCLUDING TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

5. CONFIDENTIALITY.

5.1. Definition of Confidential Information. In connection with this Agreement, each party may disclose certain information to or make certain information available to the other party, whether orally, in writing, or otherwise, that is not generally known to the public at the time of disclosure and is either identified as, or reasonably should be understood to be, confidential or proprietary given the nature of the information and the circumstances of disclosure (“Confidential Information”). Without limiting the generality of the foregoing, Confidential Information includes all business, scientific, technical, engineering, or financial information such as, business and marketing plans, technology and technical documentation, product plans and roadmaps, research and development, fee structure and pricing, business methods and processes, strategies, forecasts, proposals, and the results of any audit related to the Relocity Platform. Confidential information does not include information that: (a) is or becomes publicly available without breach of this Agreement by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality.

5.2. Protection of Confidential Information. Except with the express prior written permission of the disclosing party, or as required by Applicable Laws, the receiving party will not disclose, transmit, disseminate, or otherwise communicate, in whole or in part, the disclosing party’s Confidential Information to any third party. If relevant, the receiving party may disclose the disclosing party’s Confidential Information to its affiliates, and its and their employees, consultants, agents, or representatives (“Representatives”) who need to know such Confidential Information for purposes of performing under this Agreement and are bound by confidentiality obligations that are at least as restrictive as those contained herein. The receiving party agrees to protect the disclosing party’s Confidential Information from disclosure with the same degree of care used to protect the confidentiality of its own confidential information, but in no event less than a reasonable degree of care. The receiving party shall promptly notify the disclosing party in writing if it becomes aware of, or has reasonable grounds to suspect, any unauthorized disclosure of the Confidential Information.

5.3 Equitable Relief. The receiving party acknowledges that the remedy at law for breach of these confidentiality provisions may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including an injunction or injunctions (without the requirement of posting a bond, other security, or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of these confidentiality provisions by the receiving party or any of its Representatives and to enforce the terms and provisions of this Section 5 in addition to any other remedy to which the disclosing party is entitled at law or in equity.

5.4 Compelled Disclosure. The receiving party may access and disclose the disclosing party’s Confidential Information if legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the receiving party will, if lawfully permitted to do so, provide the disclosing party with notice in a reasonable time prior to such access or disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures. The receiving party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.

6. DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE RELOCITY PLATFORM AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED TO YOU (INCLUDING USER CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. RELOCITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE RELOCITY PLATFORM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

NEITHER RELOCITY NOR ANY RELOCITY PARTY WARRANTS THAT THE RELOCITY PLATFORM OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE RELOCITY PLATFORM (INCLUDING THIRD PARTY SERVICES) OR INFORMATION AVAILABLE THROUGH THE RELOCITY PLATFORM (INCLUDING USER CONTENT) WILL BE ACCURATE, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT PERFORMANCE OR RESULTS ARE GUARANTEED, THAT DEFECTS WILL BE CORRECTED, OR WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS. NO ADVICE, STATEMENT, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RELOCITY, ANY RELOCITY PARTY, OR ANY OTHER SOURCE (INCLUDING OTHER USERS), WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF RELOCITY AND ITS AFFILIATES, LICENSORS, CLIENTS (INCLUDING YOUR SPONSOR), AND SERVICE PROVIDERS (INCLUDING THIRD PARTY SERVICE PROVIDERS) AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH A “RELOCITY PARTY” AND COLLECTIVELY, THE “RELOCITY PARTIES”).

7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE RELOCITY PARTIES BE LIABLE TO YOU IN ANY MANNER, UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY) AND HOWEVER CAUSED, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF USE, OR OTHER INTANGIBLE LOSSES (INCLUDING ATTORNEYS FEES AND COSTS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE RELOCITY PLATFORM, WHETHER OR NOT YOU WERE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE RELOCITY PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE RELOCITY PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO RELOCITY TO USE THE RELOCITY PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS THE RELOCITY PARTIES’ LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE RELOCITY PARTIES. ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF ALL RELOCITY PARTIES.

8. RELEASE.

YOU HEREBY RELEASE THE RELOCITY PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES, RIGHTS, CONTROVERSIES, CLAIMS, OR ACTIONS OF ANY KIND OR NATURE, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, PUNITIVE, OR EXEMPLARY, INCLUDING ATTORNEYS FEES AND COSTS (COLLECTIVELY, “LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO YOUR OR ANY OTHER PARTY’S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE RELOCITY PLATFORM OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE RELOCITY PLATFORM (INCLUDING THIRD PARTY SERVICES) OR INFORMATION AVAILABLE THROUGH THE RELOCITY PLATFORM (INCLUDING USER CONTENT). TO EFFECTUATE A FULL AND COMPLETE GENERAL RELEASE OF THE RELEASED CLAIMS, YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AND ANY SIMILAR APPLICABLE LAWS PERTAINING TO THE RELEASE OF ALL CLAIMS, INCLUDING UNKNOWN OR UNSUSPECTED CLAIMS.

9. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless the Relocity and its affiliates and licensors, and its and their respective directors, officers, employees, contractors, agents, representatives, and their respective successors and assigns from and against all claims, suits, actions, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your breach or violation of this Agreement, (ii) your use of and access to the Relocity Platform, by you or any person using your Account, (iii) your violation, infringement, or misappropriation of the rights of any third party, (iv) your violation of any Applicable Laws, (v) your User Content uploaded, posted, or otherwise transmitted on or through the Relocity Platform, or (vi) the selection, purchase, use, or receipt of any Third Party Services from any Third Party Service Provider. Relocity reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Relocity in asserting any available defenses. You will not, in any event, settle any claim or matter subject to indemnification by you without the prior written consent of Relocity.

10. TERMINATION.

Your access to and use of the Relocity Platform via your Account will terminate at the earliest of the following: (i) expiration of the term of your or your Sponsor’s applicable subscription period for your use of the Relocity Platform, (ii) you or your Sponsor deactivate your Account, or (iii) your Account is otherwise terminated by Relocity in accordance with this Agreement. You may terminate this Agreement at any time by stopping all use of the Relocity Platform and deactivating or deleting your Account. Relocity may suspend your use of the Relocity Platform or terminate this Agreement for any reason at any time, in our sole discretion. Without limiting the generality and discretion of the foregoing, Relocity may suspend your use of the Relocity Platform or terminate this Agreement if you do not comply with this Agreement, if you engage in any fraud or abuse, if you or anyone using your Account makes any misrepresentation to the Relocity Parties, or, if in Relocity’s sole discretion, such action is deemed necessary to prevent, investigate, or otherwise address a threatened or actual disruption to or misuse of the Relocity Platform or other harm to persons or property. Where reasonable under the circumstances, Relocity will provide you with at least twenty-four (24) hours’ prior notice of suspension or termination, provided that if Relocity reasonably believes that you have materially breached this Agreement, Relocity may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and Relocity may, without liability to you or any third party, immediately deactivate or delete your Account and all associated materials, including User Content, without obligation to provide further access to such materials. Your obligations under this Agreement shall survive any expiration or termination of this Agreement.

11. EXPORT COMPLIANCE.

The Relocity Platform is controlled and operated by Relocity in the United States. The Relocity Platform may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not access or use the Relocity Platform in any U.S.-embargoed country or region or in violation of any U.S. export law or regulation. You will not use the Relocity Platform to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction you reside or are located.

12. COPYRIGHT POLICY AND PROCEDURE.

12.1. DMCA Compliance. Relocity respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), as amended (“DMCA”), Relocity has adopted the following policy and procedure for copyright infringement claims. Relocity will respond promptly to claims of copyright infringement reported to its designated Copyright Agent in accordance with the DMCA.

12.2. Reporting of Alleged Copyright Infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Relocity Platform, you may provide written notice (“DMCA Notice”) to Relocity’s Copyright Agent. Pursuant to the DMCA, the DMCA Notice must include the following:
(a) Your physical or electronic signature;
(b) Identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works, a representative list of such works;
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow Relocity to locate the material;
(d) Adequate information by which Relocity can contact you (including your name, postal address, telephone number, and email address);
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate; and
(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

All DMCA Notices should be sent to Relocity’s designated Copyright Agent, as follows:

Relocity, Inc.
Attn: –Relocity Copyright Agent
10250 Constellation Blvd., #2300
Los Angeles, CA 90067
United States
legal@relocity.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity in the Relocity Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

12.3. Counter-Notification. If you believe that your material has been removed or access to it has been disabled by mistake or misidentification, you may provide a written counter-notification (“Counter Notice”) to Relocity’s Copyright Agent. Pursuant to the DMCA, the Counter Notice must include the following:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) Adequate information by which Relocity can contact you (including your name, postal address, telephone number, and email address);
(d) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Relocity may be found, and that you will accept service of process from the person (or an agent of that person) who provided notification of the alleged infringement.

The DMCA permits Relocity to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Relocity Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

12.4. Repeat Infringers. In accordance with the DMCA and other Applicable Laws, Relocity may, in appropriate circumstances and at its sole discretion, suspend or terminate your Account if you are deemed to be a repeat infringer. Relocity may also, at its sole discretion, limit access to the Relocity Platform or terminate the Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. APP STORE ADDITIONAL TERMS AND CONDITIONS.

The following additional terms and conditions apply to you if you are using an App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.

13.1. Acknowledgement. You and Relocity acknowledge that this Agreement is made between you and Relocity only, and not with the App Store, and Relocity, not the App Store, is solely responsible for the Apps and the content thereof. With respect to any Apps accessed through or downloaded from the App Store, you agree to comply with all applicable third party terms of the relevant App Store (e.g., the App Store’s “Usage Rules” or “Terms of Service”) (the “App Policies”). To the extent this Agreement provides terms for the Apps that are less restrictive than the App Policies, or otherwise conflicts with, the App Policies, the more restrictive or conflicting App Store term applies, as applicable.

13.2. Scope of License. The license granted to you for the Apps is limited to a non-transferable license to use the App on either an iOS, Android, or similar device that you own or control and as permitted by the App Policies, except that the App may be accessed and used by other accounts associated with you via family sharing or similar features.

13.3. Maintenance and Support. Relocity is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in this Agreement, if any, or as required under Applicable Laws. You and Relocity acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

13.4. Warranty. Relocity is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apps to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by Applicable Laws, the App Store will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Relocity’s sole responsibility.

13.5. Product Claims. You and Relocity you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to the Apps or your possession or use of the Apps, including: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation. This Agreement does not limit Relocity’s liability to you beyond what is permitted by Applicable Laws.

13.6. Intellectual Property Rights. You and Relocity acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights, Relocity, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13.8. Developer Name and Address. Relocity’s contact information for any end-user questions, complaints or claims with respect to the Apps is support@relocity.com.

13.9. Third Party Terms of Agreement. You must comply with all applicable third party terms of agreement when using the Apps.13.10. Third Party Beneficiary. Notwithstanding any other provision in this Agreement, you agree that the App Store (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement with respect to your use of the Apps.

14. GENERAL PROVISIONS.

14.1. Headings. The headings in this Agreement are for reference only and shall not affect the construction or interpretation of this Agreement.

14.2. Force Majeure. Relocity will not be liable for any delayed or inadequate performance under this Agreement to the extent caused by a condition that is beyond Relocity’s reasonable control, including natural disaster, fire, flood, and other acts of God, war, armed conflict, terrorism, contagion, epidemic, pandemic, strikes, labor disputes, civil disturbances, government actions, power outages, interruption or failure of the Internet or any utility service, failure of third party service providers or hosting services, denial of service attacks, or other similar occurrences (each, a “Force Majeure Event”).

14.3. Governing Law; Venue; Waiver of Jury Trial. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. If for any reason an action proceeds in court rather than in arbitration, it must be brought exclusively in a state or federal court of competent jurisdiction located in Los Angeles County, California, and each party irrevocably consents to the exclusive personal jurisdiction and venue therein. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT.

14.4. Mandatory Arbitration; Class Action Waiver. The parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiating legal action. Except for actions (a) to protect a party’s intellectual property, or (b) to enforce an arbitrator’s decision hereunder, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY CONFIDENTIAL, FINAL, AND BINDING ARBITRATION administered by the American Arbitration Association (“AAA”) pursuant to (a) if you are based in the United States, then the AAA’s then-prevailing Commercial Arbitration Rules and Mediation Procedures, or (b) if you are based outside of the United States, then the AAA’s then-prevailing International Dispute Resolution Procedures (the “AAA Rules,” as applicable). The most recent version of the applicable AAA Rules is available at https://www.adr.org/rules, and are hereby incorporated into and made a part of this Agreement. The arbitration shall be before a single, neutral arbitrator who is a licensed attorney with experience in California law or a former or retired state or federal court judge. If the parties cannot agree upon selection of an arbitrator, then the parties agree that AAA will appoint an arbitrator experienced in the enterprise software industry. Arbitration will be conducted in English. The location of arbitration will be Los Angeles County, California, unless another location is mutually agreed by the parties. EACH PARTY AGREES THAT THE ARBITRATION WILL BE CONDUCTED IN ITS INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS, CONSOLIDATED, OR OTHER REPRESENTATIVE ACTION. Each party expressly waives its right to file a class action or seek relief on a class basis, and no arbitrator may consolidate more than one person or entity’s claims or otherwise preside over any form of a representative or class proceeding, unless otherwise mutually agreed by the parties. Arbitration may be initiated by any party by giving to the other party written notice requesting arbitration, which notice shall also include a statement of the claims asserted and the facts upon which the claims are based. The arbitrator does not have any power to alter, amend, modify or change any of the terms or provisions of this Agreement. Except as prohibited in this Agreement, the arbitrator will have the authority to award any remedy or relief otherwise available in a court of law. The arbitrator must provide a reasoned written opinion including detailed findings of fact and conclusions of law in support of any award. Any arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement or to enforce an arbitration award. Except as may be required by law or to enforce an arbitration award, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding the foregoing, either party may, without waiving any remedy under this Agreement, seek equitable or injunctive relief as permitted by this Agreement or under Applicable Laws from any court of competent jurisdiction. The parties further agree that the prevailing party in any action or proceeding to enforce any right or provisions under this Agreement, including any arbitration or court proceedings, will be entitled to recover its reasonable costs and attorneys’ fees.

14.5. Notices. Relocity may provide general notices related to the Relocity Platform that are applicable to all customers via email or in-app notifications and such notices shall be deemed to satisfy any legal requirement that notice be made in writing. Any other notices (including all notices from you) must be sent via email, registered or certified mail with return receipt requested and postage prepaid, or overnight courier to the addresses of the parties and are deemed given when received. Notices to you will be sent via email to the primary email address for your Account or to the address associated with your Account. Notices to Relocity must be sent via email to legal@relocity.com and to the following address: Relocity, Inc., Attn: Legal Department, 10250 Constellation Blvd., #2300, Los Angeles, CA 90067. General questions or requests for support in connection with the Relocity Platform should be directed to support@relocity.com.

14.6. Consumer Complaints. If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14.7. Relationship of the Parties. The parties are and shall be independent contractors with respect to all products and services provided under this Agreement. This Agreement is not intended, does not create, and will not be construed to create any partnership, joint venture, franchise, fiduciary, agency, employment, or any other relationship between the parties.

14.8. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

14.9. No Election of Remedies. Except as expressly set forth in this Agreement, the exercise of any remedies under this Agreement will not be deemed an election of remedies and will be without prejudice to any other remedies under this Agreement or other rights and remedies available at law or in equity.

14.10. Equitable Remedies. You hereby agree that if this Agreement is not specifically enforced, Relocity will be irreparably damaged, and therefore you agree that Relocity shall be entitled to appropriate equitable remedies with respect to enforcement of this Agreement, without posting a bond, other security, or proof of damages, in addition to any other available remedies at law or in equity.

14.11. No Waivers. Relocity’s failure or delay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that or any other right or provision of this Agreement. Any waivers granted hereunder are effective only if in a writing signed by Relocity expressly granting such waiver. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.

14.12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, under present or future law, such provision will be modified to the minimum extent necessary to remedy such invalidity, illegality, or unenforceability and interpreted so as best to accomplish the objectives of the original provision and original intent of this Agreement to the fullest extent permitted by law, and the remaining provisions of this Agreement will continue in full force and effect.

14.13. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Relocity.

14.14. Binding Effect. This Agreement will be binding upon and inure to the benefit of your heirs, executors, administrators, successors, legal representatives, and permitted assigns.

14.15. Construction. The headings in this Agreement are for reference only and shall not affect the construction or interpretation of this Agreement. The provisions of this Agreement shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either Party. Unless the context requires otherwise: (a) any pronoun used in this Agreement shall include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns, pronouns, and verbs shall include the plural and vice versa; (b) any references to Sections refer to those parts of this Agreement; (c) “and” and “or” are each used both conjunctively and disjunctively; (d) the terms “include,” “includes,” “including” or words of like import shall be deemed to be followed by the words “without limitation”; (e) the terms “hereof,” “herein” or “hereunder” refer to this Agreement as a whole and not to any particular provision of this Agreement; and (f) any reference to any specific Applicable Laws shall be deemed to include all rules and regulations promulgated thereunder.

14.16. Entire Agreement. This Agreement constitutes the entire agreement between you and Relocity relating to the subject matter herein, including your access to and use of the Relocity Platform, and supersedes and replaces any prior or contemporaneous discussions, representations, proposals, negotiations, understandings, and agreements between the parties, whether written or oral, with respect to this subject matter.

14.17. Changes to this Agreement. Relocity reserves the right, in its sole and absolute discretion, to change, modify, update, add to or delete any of the terms and conditions of this Agreement, at any time, by notifying you of such changes by any reasonable means. Notice may be given to you via email or in-app notification on the Relocity Platform and the most current version will be available at https://relocity.com/terms. Relocity will also update the “Last Updated” date at the top of this Agreement and will become effective upon that date, except as otherwise specified by Relocity in writing, and when effective will supersede all prior versions. Your continued access to or use of the Relocity Platform after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. If you do not agree to any changes, you must immediately stop using the Relocity Platform and promptly notify Relocity in writing.