This agreement (known as “Terms”) governs your use of the Moovweb website (the “Site”). “Moovweb” means Moov Corporation, a California corporation, located at 201 Spear Street, Third Floor, San Francisco, CA 94105. By visiting the Site, you accept the Terms. In addition, when you use any current or future Moovweb services, content or other materials, you may also be subject to other agreements which govern your use of those services content or other material.
You may not use the site and you may not agree to the Terms if:
- You are not of legal age to form a binding contract with Moovweb, or
- You are a person barred from using the Site under the laws of the United States or other countries including the country in which You are resident or from which You use the Site;
We retain the right, at our sole discretion, to deny access to anyone to this Site and the content, products or services that we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
You consent to receive communications from us electronically. We will communicate with you by e-mail, if you have provided us with your email address, or by posting notices on the Moovweb website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The content and information on this Site, and the infrastructure used to provide such content and information, are proprietary to Moovweb and its providers and protected by United States and international copyright and trademark laws. The compilation of all content on the Moovweb website is the exclusive property of Moovweb and protected by U.S. and international copyright laws. All software used on the Moovweb website is the property of Moovweb or its software suppliers and protected by United States and international copyright laws and may be protected by other intellectual property rights laws (the preceding, each and collectively “Proprietary Material”). You acknowledge that nothing in these Terms transfers title or ownership of any Moovweb Proprietary Materials to you. Unless you have agreed otherwise in a separate agreement you may not use any of Moovweb’s or other company’s brand features such as trademarks and logos.
How you May Use the Site
Moovweb gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site as set forth in this Section and the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by Moovweb, in the manner permitted by the Terms.
While you may make limited copies of the content of this Site for your personal, non commercial use, you are not permitted to modify, copy, distribute, upload, post, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site in any form whatsoever. Such additional use is subject to a specific license agreement with Moovweb.
Additionally, you agree that you will comply with the Acceptable Use Policy(AUP) .
Linking to this Site:
- You may link to this Site or any portions of this Site. However, you may not: (1) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (2) create frames that may represent that the pages activated by the links are other than Moovweb pages; (3) misrepresent your relationship with Moovweb; (4) imply that Moovweb approves or endorses you, your Web site, or your service or product offerings; and (5) present false or misleading impressions about Moovweb or otherwise damage the goodwill associated with the Moovweb name.
- As a further condition to being permitted to link to this site, you agree that Moovweb may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Moovweb trademark
Moovweb may make changes to the Terms from time to time. When these changes are made, Moovweb will make a new copy of the Terms available to You from within, or through, the affected Site.
You understand and agree that if you use the Site after the date on which the Site Terms have changed, Moovweb will treat your use as acceptance of the updated Terms.
Content and Postings Provided by Law
You and other visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” and so long as it is in compliance with Moovweb’s Acceptable Use Policy (AUP). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Moovweb reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
With respect to any suggested improvements to the Moovweb Site, the Moovweb Service or to Moovweb technology that you provide to Moovweb (“Feedback”), even if you have designated the Feedback as confidential. You agree that Moovweb may use such information without restriction and that you hereby irrevocably assign to Moovweb all right, title, and interest in and to the Feedback and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Feedback.
If you do post content or submit material, and unless we indicate otherwise, you grant Moovweb a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Moovweb and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Moovweb for all claims resulting from content you supply. Moovweb has the right but not the obligation to monitor and edit or remove any activity or content. Moovweb takes no responsibility and assumes no liability for any content posted by you or any third party.
Third Party Content on the Moovweb Site
Certain information and content available on the Site may be provided by third parties to Moovweb (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor.
You agree to display the Third Party Content on your personal computer solely for your personal use if you are an individual and solely for your internal business use if you are an entity. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.
Third Party Sites
For your convenience, this Site may contain hyperlinks to websites that are operated by parties other than Moovweb. When you click on one of these links, you are leaving our Site, and entering another website. Our inclusion of hyperlinks to these websites does not imply any endorsement of, or any association with their operators. We do not control such third party websites and are not responsible for their contents or their practices.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of viruses, worms, Trojan horses, defects and other items of a destructive nature.
You acknowledge and agree that Moovweb is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Disclaimer of Warranties
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 DISCLAIMER OF WARRANTIES AND 13 LIMITATION OF LIABILITY SHALL EXCLUDE OR LIMIT MOOVWEB’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MOOVWEB SITE IS AT YOUR SOLE RISK AND THAT THE MOOVWEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
MOOVWEB DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED ON THIS WEBSITE WHETHER PROVIDED BY MOOVWEB OR BY THIRD PARTIES. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ACCURACY, COMPLETENESS AND CURRENCY OF THE CONTENT AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU TAKE ALL RESPONSIBILITY FOR SUCH.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOOVWEB, IT SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR LOST REVENUES OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
You agree to hold harmless and indemnify Moovweb, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Moovweb and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, or (b) your use of the Moovweb Site including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- Notice from us to you. We may provide any notice to you under this Agreement by posting a notice on the Moovweb website. Notices will be effective as and when posted.
- Notice from you to us. To give us notice under this Agreement, you must contact Moovweb as follows: (i) by email to email@example.com or (ii) by personal delivery, overnight courier or registered or certified mail to Legal Dept, Moovweb, 201 Spear St, Third Floor, San Francisco, CA 94105. We may update either address for notices to us by posting a notice on the Moovweb website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
Provisions. If any provision of these Terms is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. You agree that Moovweb’s failure to enforce any provision of these Terms or any benefit available under law will not constitute a waiver of later enforcing those rights. If any provision of these Terms is found unenforceable, the balance of the Agreement will remain in full force and effect.
Equitable Relief. Nothing in these Terms will limit either party’s ability to seek equitable relief.
Governing Law. The Terms and your relationship with Moovweb will be governed by the laws of the State of California without regard to its conflicts of law provisions. With the exception of an action seeking injunctive relief for breach of confidentiality or intellectual property rights hereof, the parties consent and agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco County, California, and you waives any objection to jurisdiction and venue in such courts.
Entire Agreement. These Terms and all documents referenced herein are the entire and exclusive agreement between you and Moovweb regarding the Moovweb Service, and these Terms ( except for a corporate agreement specifically meant to govern the Moovweb Service if mutually executed and expressly identified as replacing these Terms) supersede and replace any prior agreements between you and Moovweb regarding the Moovweb Service. All terms located at a URL and referenced in these Terms are hereby incorporated by this reference and shall be interpreted as if present in these Terms. This Agreement is effective when signed by both parties.
Last update: July 31, 2012