Moxie Moms Website Agreement
This website is provided
by Moxie Moms LLC ("we" or "us") for
the use of its members. Others may look at the site as
long as they also abide by the terms of its use. Please
take a moment to read this Website Agreement. By using
this website, you accept this Website Agreement. Our site
is always evolving; please be aware that we may change
this Website Agreement from time to time. By continuing
to use this site after we post any such changes, you accept
this Website Agreement, as modified.
We respect your privacy.
Please take a moment to read our Privacy Policy.
1. Using Good Judgment
Our Website Agreement
is intended to make our site safe and fun for everybody.
We invite you to bring to our attention any content on
our site you believe to be inaccurate, inappropriate or
in violation of these rules. Please write to us at info@moxie-moms.com.
Use common sense when
you use our and anybody else's websites. The content that
appears on our sites is for informational purposes only.
Despite our efforts to provide useful and accurate information,
errors may appear from time to time. Some of the content
you find on our sites was not created or edited by us
(for example, event postings and articles). The materials
provided by third parties on our sites represent the views
of such third parties and are not endorsed by us, nor
do we guarantee the accuracy of any posting. Though we
hope the advertisers, merchants and users you meet through
our sites treat you honorably and fairly, we can't vouch
for the information, goods, or services they offer. Before
you act on information you've found on or through our
site, confirm any facts that are important to your decision.
We encourage you to exercise a healthy skepticism and
good judgment.
2. Rules
for Submissions and Messages
Submissions and Messages.
Responsibility
for the accuracy of event information posted on Moxie-Moms.com
lies with the member submitting the event. You agree not
to submit to our site information:
a. that is false, inaccurate
or misleading;
b. that infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights or
rights of publicity or privacy;
c. that violates any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
and false advertising);
d. that is libelous, threatening or harassing;
e. that is obscene or contains any kind of pornography;
f. that contains any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data
or personal information;
g. that might create liability for us or might cause us
to lose (in whole or in part) the services of our Internet
service providers or other suppliers or partners;
h. that interferes with the ability of others to enjoy
our site;
i. that impersonates any other person or entity, whether
actual or fictitious, including impersonating an employee
or consultant of Moxie Moms;
j. that links to or includes descriptions of goods or
services that: (i) are prohibited under this Agreement;
or (ii) you do not have a right to link to or include;
k. that contain any content that you do not have the right
to make available under any law or any contractual or
fiduciary relationship (such as inside information and
confidential information learned under a non-disclosure
agreement); or
l. that instigates or encourages others to commit illegal
activities or cause injury or property damage to any person.
We are often a passive
conduit for the information users submit. We cannot and
do not confirm every submission a user may make. We neither
endorse nor guarantee the accuracy or propriety of any
submission. We do, however, reserve the right, but do
not assume the obligation, to restrict or prohibit your
use of our site if we believe you are violating any of
the terms of this Website Agreement and to remove, edit,
or relocate any submission as we see fit, whether for
legal or other reasons.
We want users to feel
free to share their email addresses in public posting
areas. Accordingly, you may not use any other user's information,
personal or otherwise, for any commercial purpose, to
send chain letters, junk mail, "spam," or other
bulk communications or for developing lists. Any such
use by you will be a violation of this Website Agreement.
Your use of this site is limited to personal, non-commercial
purposes. Your commercial exploitation of the sites is
strictly prohibited, unless we grant prior written permission.
3. Rights
You acknowledge that:
1. We permit access to
content that is protected by copyrights, trademarks and
other intellectual and proprietary rights ("Rights")
and;
2. This Website Agreement and applicable copyright, trademark
and other laws govern your use of such content.
Our Limited License
to You. You
are free to display and print for your personal, non-commercial
use information you receive through our sites. You may
not reproduce, distribute, or otherwise use any of the
materials without the prior written consent of the Rights
holder. Requests for permission to reproduce, distribute
or otherwise use materials found on our sites should be
made to reprints@moxie-moms.com. The burden
of determining whether any content on our sites is or
is not protected by Rights rests with you.
Links. You are free to encourage others to access the information
on our sites. We welcome links to our sites. You are free
to establish a hypertext link to our site so long as the
link does not state or imply any sponsorship or endorsement
of your site by us or make use of a logo without written
consent of the logo owner.
No Framing. Without
our prior written consent, you may not frame, or in-line
link to, any of the content of our sites, or incorporate
into any other website or service any of our intellectual
property.
Marks. We do not want anyone to be confused about which
materials and services are provided by us and which are
not. You may not use any mark appearing on our sites without
the prior written consent of the owner of the mark.
Your License to Us.
By submitting
material to or through our sites, you grant us and our
partners, agents, affiliates and service providers (collectively,
"Affiliates"), the non-exclusive right to reproduce,
modify and distribute such material as we see fit for
any purpose in any form, media, or technology now known
or later developed. You agree that we may identify you
as the author of any of your postings by name or email
address. You also permit any other user to access, display,
and print such content for personal use. By submitting
material to us, you are representing that such material
does not violate or infringe any rights of any third party,
including, but not limited to, copyright, trademark and
other proprietary rights. If any third-party content is
included in any materials that you submit, you must obtain
permission from the content owner and attribute such content
to the owner.
Notice of Copyright
Infringement. If
you are an owner of intellectual property who believes
your intellectual property has been improperly posted
or distributed via this site, please notify us by sending
an email to Joe@moxie-moms.com
or by sending a notice by U.S. Mail to: Joe Lavelle at
Moxie Moms LLC, 1850 22nd street #12, Boulder, Colorado 80302. Please note that we may access and disclose your personally identifiable
information in order to address any infringement claim.
Indemnity. You
agree to hold us and our affiliates, agents and licensors
harmless from any claim that may arise from your use of
our site.
4. Third Party Services
As a convenience to you,
we may provide links to third-party websites. Those websites
and the parties that control them are beyond our control.
We make no representations as to the content, quality,
suitability, functionality or legality of any sites to
which we may provide links, and you hereby waive any claim
you might have against us with respect to such sites and
their operators. You may order services or merchandise
through links on our sites from persons not affiliated
with us. All matters concerning such merchandise or services,
including, but not limited to, purchase terms, payment
terms, warranties, guarantees, maintenance and delivery,
are solely between you and the merchants with whom you
chose to do business. We make no warranties or representations
whatsoever with regard to any goods or services provided
by those merchants. You will not consider us - nor will
we be deemed - a party to such transactions, whether or
not we may have received some form of remuneration in
connection with the transaction. We will not be liable
for any costs or damages arising out of any transaction
(whether directly or indirectly) between you and any other
person or entity.
5. Disclaimer of Warranties
YOU AGREE THAT USE OF
THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
MOXIE MOMS LLC, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT
AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE
THROUGH OUR SITE. WE DO NOT GUARANTEE OUR SITE TO BE ERROR-FREE,
SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU ALSO AGREE THAT IF
YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR
SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY
MATERIAL AND/OR DATA.
OUR SITE IS PROVIDED
WITH THE UNDERSTANDING THAT NEITHER MOXIE MOMS LLC NOR
ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE,
ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR
OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITE IS NO
SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
MOXIE MOMS LLC, ITS AFFILIATES,
AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH
OUR SITE, OTHER THAN THOSE EXPRESS WARRANTIES MOXIE MOMS
LLC ITSELF SPECIFICALLY MAKES ON ANY MOXIE MOMS LLC ORDER
FORM.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES
WILL MOXIE MOMS LLC OR ITS AFFILIATES, AGENTS OR LICENSORS
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING
OUT OF YOUR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE
LIABILITY OF MOXIE MOMS LLC, ITS AFFILIATES, AGENTS AND
LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
IN ANY WAY CONNECTED TO OUR SITE WILL NOT EXCEED THE AMOUNT
YOU PAID TO US TO USE THE SITES. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF MOXIE MOMS LLC, ITS AFFILIATES,
AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.
7. Discontinuance,
Modification & Restrictions
We may discontinue, change,
suspend, or restrict access to our site or any portion
of our site at any time without liability to you or any
third party.
8. Applicable Law
& Exclusive Jurisdiction
This site is controlled
and operated by Moxie Moms LLC from the state of Colorado in the United States of America. Those who choose to access our site from other
locations do so on their own initiative and are responsible
for compliance with applicable local laws. This Website
Agreement constitutes an agreement made in, and to be
construed in accordance with the laws of, the State of
Colorado without regard to its conflict of law provisions.
By using this site, you consent to the exclusive jurisdiction
of the state and federal courts in Boulder County, Colorado, in all disputes arising out of or relating to this agreement or any
of our sites.
9. Dispute Resolution
You agree not take any
legal action against us that relates to or arises out
of any use of our website without first (a) sending us,
via registered mail or national overnight courier service,
a detailed written description of the facts and law out
of which your claim arises; and (b) negotiating with us,
in good faith, for not less 30 days, toward resolution
of the dispute. All correspondence concerning such dispute
must be sent to privacy@moxie-moms.com
or such other designee as Moxie Moms may identify from
time to time.
10. Miscellaneous
In the event that any provision of this Website Agreement conflicts
with the law under which this Website Agreement is to
be construed or if any provision is held invalid by a
court with jurisdiction over the parties to the Website
Agreement, such provision will be restated to reflect
as nearly as possible the original intentions of the parties
in accordance with applicable law, and the remainder of
this Website Agreement will remain in full force and effect.
If either party fails to insist upon or enforce strict
performance by the other party of any provision of the
Website Agreement, or to exercise any right under the
Website Agreement, such a failure will not be construed
as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right
in that or any other instance.
This Website Agreement constitutes the entire understanding between
the parties as to the use of the Moxie Moms LLC website,
and supersedes all prior agreements and understandings
relating to such subject matter.
Copyright
Contents on this site are copyright 2003 by Moxie Moms LLC. Unauthorized
distribution or reproduction is forbidden. If you have
questions or wish to obtain more information from or about
Moxie Moms LLC, please visit www.moxie-moms.com. |