terms of use

PLEASE READ THIS END USER AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MOXIE GIRL. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE BEEN UPDATED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY VISITING MOXIE-GIRL.COM, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN PLEASE DO NOT USE THIS WEB SITE OR THE PRODUCTS AND SERVICES WITHIN. THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME BY MOXIE GIRL LLC.

Warranty

No warranty is made by Moxie Girl regarding any information, services or products provided through or in connection with the service. Moxie Girl hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy or content of information, products or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Use Restriction

The material on Moxie Girl is meant to be shared for informational, non-commercial use only. Site visitors are allowed to download and distribute banner graphics and promotional materials for the express purpose of promoting Moxie Girl. Videos appearing on Moxie Girl YouTube channel may be inserted into private blogs and websites, but must link directly to the official Moxie Girl LLC video on YouTube.

Your Email Address

Moxie Girl agrees to never sell or distribute your email address to third parties. Unsubscribing from any email list does not necessarily unsubscribe you from other email lists within Moxie Girl Users agree to provide Moxie Girl with an up-to-date email address.

Agreement

This agreement contains the entire agreement between the visitor and Moxie Girl regarding the use of the website service, and supersedes all prior written and oral understandings and writings.

The agreement shall be governed pursuant to the laws of the state of Arizona.
The member hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.

1. Services are provided subject to this Agreement and may be updated by Moxie Girl at any time. Moxie Girl may update any guidelines, rules or operating policies and post them to this site at any time. By posting updated versions of the Agreement Moxie Girl may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service. 

2. Unless specifically stated on your contract, accounts may require 30 days notice for cancellation. Accounts signed up online and auto-billed may be canceled at any time. Moxie Girl reserves the right to cancel any account at any time for any reason. No refunds will be issued. If you plan on canceling your account please download all account information prior to cancellation. Any data left in the account may be deleted and unable to be recovered. If you decide to reactivate a canceled account, a $25 Reactivation Fee may apply.

3. Customer assures Moxie Girl that (a) copying, displaying, modifying and distributing materials on the Internet does not violate the patent, copyright, trade secret, trademark or other intellectual or proprietary rights of any third party, and that (b) the materials and other services or products available through the product does not violate any applicable laws, including export control law, obscenity laws or laws regarding consumer privacy (c) the prohibited content policy is abided.

4. Customer shall indemnify and hold harmless Moxie Girl and its officers, agents, employees, and directors and member from and against any and all losses, liabilities, damages, claims, payments, liens, judgments, demands, costs and expenses (including reasonable attorney's fees) that result from any claim, liability, damage or cause of action (including claims of third parties) arising out of or relating to, in whole or in part(a), any act, omission or representation of Customer or its agents in performance of this Agreement; (b) any breach of Customer's representations or warranties under this Agreement. Customer agrees that the foregoing indemnification obligations survive the termination or expiration of this Agreement and the amount thereof shall be payable upon demand.

5. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, Moxie Girl HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY MOXIE GIRL'S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY Moxie Girl FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF Moxie Girl WHATSOEVER. 

6. NOT WITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, MOXIE GIRL’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT, DURING THE PRECEDING 3 MONTHS. IN NO EVENT WILL MOXIE GIRL BE LIABLE FOR ANY LOSS OR DAMAGE, LOSS OF REVENUES, LOSS OF PROFITS, OR ANY OTHER ECONOMIC LOSS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM ITS PERFORMANCE, ERRORS AND/OR OMISSIONS, TERMINATION, OR ANY OTHER FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS AGREEMENT, REGARDLESS OF THE THEORY UNDER WHICH ANY SUCH CLAIMS MAY BE BROUGHT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY, EVEN IF Moxie Girl HAS BEEN ADVISED, KNOWS, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions

Consent to Service of Process
The Parties agree that any process served for any suit or proceeding, as authorized hereunder, shall be valid if mailed by overnight mail via a nationally recognized carrier or by certified mail, return receipt requested, to the respective parties at the addresses designated on this Agreement or an alternate address if a party has notified the other party in writing of a change of address. 

Force Majeure

Neither party to this Agreement shall be liable for delays caused by an event of natural disaster, casualty, acts of God, riots, governmental acts or such other event of similar nature that is beyond the delaying party's control; provided however that such party shall not have contributed in any way to such event. 

Severability

If any provision of this Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision which approximates the intent and economic effect of the affected provision. 

Accord & Satisfaction

Whenever a debt hereunder shall be unliquidated and/or under a legitimate good faith dispute or disagreement as to its amount, the Parties agree that they may not discharge the debt by tendering a check marked "payment in full", even though the check is negotiated by either party. 

Assignment & Successors

This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and/or assigns of the Parties. Customer may not assign its rights or obligations hereunder without the prior written consent of Moxie Girl.

Waiver

No forbearance by either party to enforce any provision under this Agreement or any right existing under this Agreement shall constitute a waiver of such provisions or rights or be deemed to amend or modify this Agreement.

Publicity & Intellectual Property

This Agreement grants Moxie Girl the right to use Customer's and its affiliate's trademarks, service marks, logos, trade names and/or pictures and to otherwise refer to CUSTOMER and its affiliates in any marketing, promotional or advertising materials or activities. CUSTOMER may not issue any publication or press release relating to or disclosing the existence of, or the terms and conditions of any contractual relationship between Moxie Girl and the CUSTOMER, except as may be authorized in writing by Moxie Girl. "Work Product," as used hereinafter means models, designs, codes/coding, devices, reports, computer programs, tooling, schematics and other diagrams, instructional materials, and anything else Moxie Girl, its agents, employees, and Subcontractors produce in connection with this Agreement. All Work Product will belong to Moxie Girl. CUSTOMER hereby assigns to Moxie Girl all copyrights, patents and/or trademarks in such Work Product. To the extent permitted by law, and as it pertains to the Work Product, CUSTOMER waives any moral rights, such as the right to be named as author, the right to modify, the right to prevent mutilation and the right to prevent commercial exploitation, whether arising under the Berne Convention or otherwise. Furthermore, the parties agree that any Work Product created by Moxie Girl shall belong to and be the exclusive property of Moxie Girl, as such Work Product shall not be deemed "MADE FOR HIRE." CUSTOMER will sign any necessary documents and will otherwise assist Moxie Girl, at Moxie Girl's expense, in registering Moxie Girl's copyrights, patents and/or trademarks and otherwise protecting Moxie Girl's rights in such Work Product in any country. Moxie Girl will own all patents, copyrights or trade secrets covering such materials and Work Product and will have full rights to use the materials and/or Work Product without claim on the part of CUSTOMER for additional compensation. 

Governing Law

The validity, performance and construction of the terms and conditions of this Agreement shall be construed in accordance with and governed by the laws of the State of Arizona, and any suit to enforce or construe any provision of this Agreement shall be submitted to binding arbitration under the auspices of the American Arbitration Association within the State of Arizona. The prevailing party shall be entitled to recover its attorney's fees and expenses in any successful action to enforce this Agreement.