PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
You must agree to this ToU in order to use the Site and/or the Service. If you use the Site and/or the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Site and/or the Service, ayou represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Site or the Service. If you are using the Site or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this ToU. If you do not have such authority, then you may not use the Site or the Service on behalf of your employer and you must discontinue all use of the Site and the Service immediately.
1. ToU Updates. mJoose may update this ToU at any time and mJoose will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use the Site or the Service after the updated ToU is posted on the Site. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Site and the Service.
2. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Site and the Service. You acknowledge and agree that mJoose may make changes to the Site and/or the Service at any time without notifying you in advance.
3. Termination of Service. mJoose reserves the right to deny service to any person or entity at mJoose’s sole and absolute discretion. You acknowledge and agree that mJoose may stop providing the Site and/or the Service or restrict your use of the Site and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU and/or if mJoose suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If mJoose disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
4. Accounts and Security.
4.1. Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You are required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to mJoose will be correct, accurate and up to date.
4.2. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. mJoose may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of this ToU or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, mJoose shall have the right to terminate your account without prior notice.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNTS.
4.3. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify mJoose immediately if you become aware of any unauthorized use of your password or of your account.
4.4. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else.
4.5. Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by notifying mJoose by email at firstname.lastname@example.org.
4.6. Termination by mJoose. mJoose may at any time terminate your account if:
b. mJoose determines it is required by law to terminate your account; or
c. mJoose decides to stop providing the Service or critical portions of the Service in the country where you reside, access the Site or use the Service or mJoose determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
4.7. Effect of Account Termination or Cancellation. If you voluntarily terminate your account or allow your account to lapse, you will be able to reactivate that account at any time through the account interface on the Site. Accounts terminated by mJoose for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
5. Restrictions and Conditions of Use.
5.1. Use of the Site. mJoose permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Site or through the Service.
5.2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or the Service.
5.3. No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.4. Use Restrictions. You may not connect to or use the Site or the Service in any way that is not expressly permitted by this ToU.
a. You may not: (a) remove any proprietary notices from the Service; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of mJoose; or (d) make any false, misleading or deceptive statement or representation regarding mJoose and/or the Site or the Service.
b. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service (or any servers, systems or networks connected to the Site or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Site and/or the Service or any other person’s or entity’s use of the Site and/or the Service (or any servers, systems or networks connected to the Site or the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Site and/or the Service; (iii) use the Site or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Site or the Service, unless you are specifically authorized to do so in a separate written agreement with mJoose; (iv) use the Site or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
5.5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
5.6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and mJoose has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. mJoose may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 5 or any other terms of this ToU.
6.1. Links from the Site. The Site may contain links to websites operated by other parties. mJoose provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of mJoose and mJoose is not responsible for the content available on the other websites. Such links do not imply mJoose’s endorsement of information or material on any other website and mJoose disclaims all liability with regard to your access to and use of such linked websites.
6.2. Links to the Site. Unless otherwise set forth in a written agreement between you and mJoose, you must adhere to mJoose’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with mJoose’s and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with mJoose; and (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site. mJoose reserves the right to revoke its consent to the link at any time and in its sole discretion.
7. Intellectual Property.
7.1. Trademarks. The mJoose name and logo are trademarks and service marks of mJoose. Unless permitted in a separate written agreement with mJoose, you do not have the right to use any of mJoose’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
7.2. Ownership. You acknowledge and agree that mJoose, or its licensors, owns all right, title and interest in and to the Site and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site and the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that mJoose has designated as confidential and you agree not to disclose such information without mJoose’s prior written consent.
8. Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Instagram, LinkedIn and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for mJoose to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages.
YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT MJOOSE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
9. Submitted Content.
9.1. Content of Communications. mJoose is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be seen by all users of the Site. The content of communications is entirely the responsibility of the person from whom such content originated . You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. mJoose may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this ToU. Further, mJoose may in its sole discretion remove such content and/or terminate this ToU and your account if you use any content that is in breach of this ToU.
9.2. mJoose does not claim ownership of any communications or materials you submit or make available through the Site (“Submitted Content”) via Forums, Blogs, email functions, chat functions, video hosting, sharing and/or publishing or any other function on the Site that allows you to post, upload, edit, host, share and/or publish content. With respect to such Submitted Content, you grant mJoose a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicenseable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of such Submitted Content in connection with the Service and mJoose’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 9.2.
9.3. You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and mJoose has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on the Service; (iii) mJoose does not guarantee any confidentiality with respect to Submitted Content, whether or not they are published (iv) mJoose is not responsible for any Submitted Content that you may have access to through your use of the Service and all Submitted Content are the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that mJoose has no control over and is not responsible for the use of Submitted Content by a user. mJoose does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
9.4. You acknowledge that mJoose has the right to pre-screen any Submitted Content, but no obligation to do so. At mJoose’s sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, mJoose and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates this TOU or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
9.5. You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstance, will mJoose be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
9.6. You acknowledge and agree that you are solely responsible for your interaction with other users of the Service, whether online, including through blogs or otherwise, or offline. You agree that mJoose is not responsible or liable for the conduct of any users, mJoose reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgement when interacting with others, including when you submit, post content or any personal or other information.
11. Location. The Site and the Service are operated by mJoose in the United States. If you choose to access the Site and/or the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
12. Children. The Site and the Service are not directed toward individuals under 13 years of age nor does mJoose knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to mJoose.
13. DISCLAIMER OF WARRANTIES.
13.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MJOOSE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
13.3. MJOOSE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.
13.4. MJOOSE DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE CORRECTED; OR (e) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MJOOSE, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF MJOOSE AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICE.
14.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MJOOSE OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of mJoose and the Related Parties shall be limited to the fullest extent permitted by law.
15. Indemnification. You agree to indemnify, defend and hold mJoose and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Site and/or the Service or (ii) your breach of this ToU or any other policies that mJoose may issue for the Site and/or the Service from time to time.
16. Governing Law; Jurisdiction. This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and mJoose agree that, except as otherwise provided in Section 17 below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Site or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, mJoose shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
17. Binding Arbitration.
17.1. Arbitration Procedures. You and mJoose agree that, except as provided in Section 17.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 17 and the JAMS Rules, the terms in this Section 17 will control and prevail.
Except as otherwise set forth in Section 17.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and mJoose will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and mJoose may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MJOOSE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17.2. Location. The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
17.3. Limitations. You and mJoose agree that any arbitration shall be limited to the Claim between mJoose and you individually. YOU AND MJOOSE AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
17.4. Exceptions to Arbitration. You and mJoose agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or mJoose’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
17.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
17.6. Severability. You and mJoose agree that if any portion this Section 17 is found illegal or unenforceable (except any portion of Section 17.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17.4 is found to be illegal or unenforceable then neither you nor mJoose will elect to arbitrate any Claim falling within that portion of Section 17.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and mJoose agree to submit to the personal jurisdiction of that court.
18.1. ToU Revisions. This ToU may only be revised in a writing signed by mJoose, or published by mJoose on the Site.
18.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mJoose as a result of this ToU or your use of the Site or the Service.
18.3. Assignment. mJoose may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without mJoose’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
18.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
18.5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
18.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by mJoose of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
18.7. Notices. All notices given by you or required under this ToU shall be sent by email to email@example.com.
18.8. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Site or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
18.9. Equitable Remedies. You acknowledge and agree that mJoose would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
18.10. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and mJoose with respect to the Site and the Service and supersedes any and all prior agreements between you and mJoose relating to the Site and/or the Service.
19. Products Policy.
19.1. Risk Of Loss Or Damage. All items purchased from the Company are made in accordance to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. A claim must be made with the carrier prior to the product being replaced.
19.2. Product Description. The Company attempts to be as accurate as possible with pictures and descriptions of products. If for any reason, you feel your order did not meet the description listed, please contact us via email at firstname.lastname@example.org. If for any reason, you feel your order did not meet the description listed, please contact us via email at email@example.com or by phone at (949) 416-5267.
19.3. 100% Satisfaction Guaranteed. We stand behind everything we sell. If you are not satisfied with your mJoose purchase, you can return it for a replacement or refund within 30 days of purchase upon the terms and conditions herein. mJoose’s guarantee doesn’t cover ordinary wear and tear or damage caused by improper use or accidents. If your item has a manufacturing defect in its materials or workmanship, you can return it within 90 days of purchase (see our limited warranty below).
19.4. Limited Warranty. If your item has a manufacturing defect in its materials or workmanship, you can return it within 1 year of purchase subject to Section 19.5, below. This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state. For the avoidance of doubt, this limited warranty does not (i) cover any defect in any product resulting from misuse, wear and tear, willful damage, accidents, abnormal storage or working conditions, negligence, the failure to follow operating instructions, or use with improper or faulty equipment or (ii) cover the replacement or cost of any smartphone or other device or personal property inside or outside of the mJoose product.
19.5. Returning or Exchanging Items. You can return or exchange purchases from mJoose by mail. You must have a proof of purchase (online receipt (via email), shipping invoice, or account purchase history) for all returns and exchanges. However, if there are no manufacturer defects (as described above), we can only accept returns within 30 days of purchase.
For valid returns made pursuant to our limited warranty, we will replace the defective product. If your product is no longer being manufactured or is out of stock, we may, at our sole discretion, replace your product with a similar or better product or refund the purchase price.
19.6. Returns and Exchanges by Mail. If you return or exchange a product by mail, we recommend that you ship your package with a carrier that can provide tracking and insurance. mJoose is not responsible for packages lost in transit without proof of tracking. Packages must be postmarked within 30 days of purchase (or within 90 days of purchase for a defective product). If a customer returns merchandise that does not meet the requirements as set forth above, it will be sent back to the customer at their expense. To return or exchange an order by mail please email us at firstname.lastname@example.org.