Effective Date: December 1, 2017
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Welcome, and thank you for visiting the moxibella.com website. This Agreement sets forth the legal terms and conditions of your use of the Moxibella website, and various related sites and services. Your use of this website is subject to your compliance with all the terms, conditions, and notices contained or referenced in this Agreement, as well as any other written agreement between us.
Acceptance of Terms.
Through a third-party contractual agreement, Moxibella, (“Moxibella” or “we”, “us”, “our”) provides access to the Moxibella third-party website, located at www.moxibella.com, (the “website”) subject to your acceptance of this Website User Agreement (“Agreement”). BY USING the http://moxibella.com website, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you agree, click on the “I AGREE” button on the registration page. If you click “I AGREE” without actually reading or printing this license agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with the registration process and become a Moxibella Affiliate.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THIS SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND THE APPLICABLE PRODUCTS, SERVICES, CONTENT OR INFORMATION.
When using a particular feature of the website, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. Moxibella may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
IF YOU ARE A MOXIBELLA AFFILIATE (hereafter, AFFILIATE) MARKETING MOXIBELLA PRODUCTS, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE MOXIBELLA AGREEMENT AND THE POLICIES AND PROCEDURES.
You represent and warrant that you are at least 18 years old and are of sufficient legal age to use the website and to enter into the binding legal obligations you may incur as a result of
Access and Passwords.
As part of our registration
If you purchase products or services, you agree to provide Moxibella with accurate, complete, and updated information required when registering online (“Registration Information”), or purchasing online or offline, including your name, address, telephone number(s), and applicable payment information (e.g., credit/debit card number, billing address, and expiration date (“Billing Information”) and provide Moxibella and its payment processor express authorization to charge said fees at the time of purchase. Failure to comply with this provision (including without limitation falsification of any Registration Information or Billing Information) may, at Moxibella’s option, result in immediate suspension or termination of your right to use the services.
Use of the website.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. You understand that Moxibella cannot and does not guarantee or warrant that files available for downloading from the website will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protection and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.
Products sold by Moxibella are for personal use, ONLY! Purchaser/Affiliate/Member/Buyer agrees to use Moxibella products for personal use only and agrees NOT to resell, distribute, or cause the reselling or distribution of Moxibella products through direct person to person, or online websites such as Amazon or eBay, etc.. This in direct violation of our Promotional Sales Terms. Persons purchasing Moxibella during a sale, are limited to a maximum of two (2) individual product purchases (plus discounted or “free” products included in the product sale) for a period of 60 days. Should there be a product pricing error on the website, that pricing error when found shall not be in effect, and though published, anyone who purchased a product that was priced in error shall not receive the product at that price, nor will they be charged. Moxibella reserves the right to change product pricing at any time and without notice; this includes the price of monthly recurring membership prices.
AFFILIATES and users agree that they are solely responsible for the content or information AFFILIATES and users publish, post or display on the website, or transmit to other AFFILIATES and users.
You agree to use the Service in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. You agree that you will not post on the website, or transmit to other AFFILIATES and users or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, comments, suggestions, photos, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us of any material contained on the website that you believe infringes these rules by sending an email to email@example.com.
You will not engage in advertising to or solicitation of, other AFFILIATES and users to buy or sell any products or services through the website. You will not transmit any chain letters, spam or junk email.
You will not harvest or collect personal information about other AFFILIATES and users whether or not for commercial purposes, without their express consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents. You will not “frame” or “mirror” any part of the website, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Moxibella or the website in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software used on or for the website or cause others to do so.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without the prior consent of the owner of such proprietary rights.
We reserve the right to terminate or restrict your access to the website if, in our opinion, your use of the website may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement.
Links to Other Websites.
Moxibella expends great efforts to provide only high-quality web resources that are valuable and appropriate. However, because Moxibella does not have control over the changing nature of content on sites that are listed in its links, Moxibella lists third-party sites for use at the user’s risk and explicitly disclaims any responsibility for the accuracy, content, or availability of information the resources may contain. Subsequently, Moxibella does not warrant or guarantee that information from a listed site will not contain material that is inaccurate, or which some individuals may deem inappropriate or objectionable.
Intellectual Property Notice and Infringement Claim Procedure.
The contents of the website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Moxibella and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the material from the different areas of the website solely for your personal non-commercial use or your non-commercial use or as otherwise permitted in writing. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Moxibella unless otherwise noted. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third-parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Moxibella.
Moxibella, the logo, and all product and service names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Moxibella. The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Moxibella or any third-party.
ANY UNAUTHORISED USE OF ANY MATERIALS CONTAINED ON THIS WEBSITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the Copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows: Email: firstname.lastname@example.org
Limitation of Liability.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOXIBELLA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, MOXIBEALL DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MOXIBELLA, THEIR SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF MOXIBELLA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN MOXIBELLA’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Account and Password.
You are solely responsible for all activities within your account under your password and Moxibella identification number. Your password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else’s password for any unauthorized purpose. You indemnify Moxibella and its staff from all claims and liabilities made by a third-party resulting from all activities incurred within your account.
In consideration of your use of the website you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the website (the “registration information”); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the website and future access to the website.
You agree to indemnify, defend and hold Moxibella and its Affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the website, (ii) your use or purchase of services or goods provided through the website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Moxibella’s defense of any claim. Moxibella reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Moxibella.
For AFFILIATES, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogy information, i.e., information compiled by Moxibella that discloses or relates to all or part of the downline or upline within the AFFILIATES sales organization, including, without limitation, AFFILIATE lists, and all AFFILIATE contact and business performance information. You acknowledge that Moxibella is the exclusive owner of all such confidential information and agree to maintain all confidential information in strictest confidence and to use it only as authorized by Moxibella. You agree not to compile, organize, access, create lists of, or otherwise use
Linking and Framing Policy.
Unless you have a written agreement in effect with Moxibella that states otherwise, you may only provide an approved hyperlink text, image, and/or video from www.moxibella.com, to the website and clearly marked “Moxibella” or “www.moxibella.com” or “http://moxibella.com,” and the link is directed to the URL www.moxibella.com. In addition, the link, when activated by a user, must display the website full-screen and not within a “frame” on the linking website. Further, the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Moxibella name and trademarks or create the false appearance that Moxibella is associated with, approves of, nor is a sponsor of the linking website. Moxibella reserves the right to revoke its consent to any link at any time in its sole discretion.
Acceptable and Lawful Use of the website.
Any information provided to Moxibella in connection with the use of the website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system.; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Moxibella or cause us to lose the services of our Internet service providers or other suppliers.
You agree not to interfere or take action that results in interference with or disruption of the website or servers or networks connected to this website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to this website.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
Moxibella strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior consent has been obtained from the email recipient or unless there is a preexisting business or personal relationship with the email recipient. Moxibella also prohibits using false headers in e-mails or falsifying, forging or altering the origin of any email in connection with Moxibella, and/or its products and services. Moxibella prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is “spammed” by someone who is selling or describing Moxibella’s products and services, please contact us promptly so that we make take appropriate action.
Governing Law, Jurisdiction, and Venue.
This Agreement and access to the website shall be governed by and construed in accordance with the law of the state of Nevada, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Nevada and of the United States of America located in Nevada for any litigation arising out of or relating to the use of the website or purchases of services made through the website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Nevada and agree not to plead or claim in any court in the state of Nevada that such litigation brought therein has been brought in an inconvenient forum. You also agree not to participate in a ‘class-action’ lawsuit against Moxibella.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Moxibella. Moxibella may, at any time, sell, assign its rights or delegate its obligations hereunder without notice to you.
Third-Party Beneficiary Rights.
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our website and are effective immediately. The date of the newest version is posted above. Please check back frequently, especially before you use our website, to see if these Terms have changed. Continued use of the website after any changes to the Terms constitutes your consent to such changes.
If you have any concerns about the website or these Terms, please send an e-mail to email@example.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.