Legal

Website Terms of Use

Moxie Software welcomes you to our website (the “Site”). Your access and use of the Site is governed by these Terms of Use and the terms and conditions of Moxie’s Privacy Policy. A copy of the Privacy Policy is posted on the Site. By accessing and using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

Permitted Use

You may access, display, download and print text, images, information and other materials (collectively, “materials”) on the Site solely for personal, noncommercial use, provided you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. Moxie and its licensors and content providers retain full and complete ownership and title to all materials provided on the Site, including all associated copyright and other intellectual property rights. Except as stated above, none of the materials provided on the Site may be copied, licensed, reproduced, distributed, republished, downloaded, displayed, posted or transmitted or distributed in whole or in party in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Moxie or the copyright owner.

User Provided Information

You are responsible for any information and material you submit via the Site. You agree not to engage in conduct on, or in connection with, the Site that is illegal, misleading, infringing, defamatory, obscene, offensive or otherwise objectionable. You may not upload to, distribute or otherwise publish through, the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, mass mailings or any form of “spam.”

Registration and Passwords

Moxie may at times require you to have a password and provide registration details to access portions of the Site. If Moxie does require a password and registration details, it shall be a condition of your use of the Site that all the details you provide are correct, current and complete. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You are responsible for maintaining the confidentiality of any password and registration details you provide to access the Site, and you are fully responsible for all activities that occur under your password and/or registration details. You agree to notify Moxie immediately of any unauthorized use of your password and/or registration details.

Links

The Site may contain links to other web sites. Some of these websites are operated by Moxie or its affiliates and others are operated by third parties over which Moxie has no control. These links are provided as a convenience to you. Moxie has not necessarily reviewed all the materials and information on the other sites and is not responsible for their content or any products or services that may be offered through the sites. Moxie’s inclusion of links to other sites should not be viewed as Moxie’s endorsement of the content of the linked sites. Different terms and conditions may apply to your use of any linked sites. Moxie is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Termination of Use

You agree that Moxie may, in its sole discretion, at any time terminate your access to the Site and any accounts you may have in connection with the Site. Moxie may monitor your access to the Site. Additional terms of this monitoring may be found in Moxie’s Privacy Policy.

Disclaimer

MOXIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS ON THE SITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MOXIE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THE SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, MOXIE MAKES NO WARRANTY THAT: (1) THE SITE AND THE MATERIALS PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE AND THE MATERIALS PROVIDED ON THE SITE ARE ACCURATE, COMPLETE OR RELIABLE; (3) THE SITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; OR (4) THE SITE IS SECURE FROM THIRD PARTIES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MOXIE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. MOXIE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT WILL MOXIE OR ITS AFFILIATES AND LICENSORS (OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, IN CONNECTION WITH USE OF THE INTERNET, THE SITE, ITS CONTENT AND MATERIALS, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOXIE WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THE SITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MOXIE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF MOXIE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SITE RECEIVED BY MOXIE FROM YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, SOME OF THE LIMITATIONS OR EXCLUSIONS CONTAINED ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Moxie and its affiliates and their respective officers, directors, employees and agents and any of their licensors, partners or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising out of or in any way connected with your access and/or use of the Site, including, but not limited to, breach of these Terms of Use, your online conduct or dealings or transactions with other persons resulting from use of the Site. Moxie reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Moxie in the defense of such matter.

Separate Terms And Conditions

In connection with your use of and/or access to materials, documents, applications and software contained in certain areas of the Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read these additional policies and terms carefully before making any use of such materials, documents, applications or software or areas of the Site. Any such additional terms and policies will not vary or replace these Terms of Use regarding use of the Site, unless otherwise expressly stated.

Jurisdiction And Applicable Law

The laws of the State of California govern these Terms of Use and your use of the Site. You irrevocably consent to the jurisdiction of the courts located in Santa Clara County, California for any action arising out of or relating to these Terms of Use. The Site is controlled and operated by Moxie from its offices within the United States. Moxie acknowledges that it is possible for you to obtain access to the Site from any jurisdiction in the world. Moxie makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and the materials from territories where their contents are illegal is prohibited. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you should not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

Terms Of Use Revisions

Moxie reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

Contact Information

If you have any questions regarding these Terms of Use or the Site, please contact Moxie at webmaster@gomoxie.com.

COPYRIGHT NOTICE

Copyright © 2001-2016, Moxie Software, Inc. All rights reserved.