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Terms of Use

Moki Mobility, Inc.

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MOKI MOBILITY, INC. (“MOKI”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE MOKI WEBSITE LOCATED AT THE URL: WWW.MOKI.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.  YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MOKI MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. MOKI MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY POSTING NOTICE OF THE CHANGE SO IT IS VISIBLE WHEN USERS LOG-ON FOR THE FIRST TIME AFTER THE CHANGE IS POSTED AND/OR SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE.  IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

Moki provides content and services through this Site.  Certain information, documents, products and services provided on and through this Site, including, but not limited to, content, logos, graphics, designs, sounds and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Moki and are the copyrighted and/or trademarked work of Moki or Moki’s contributors.  Moki reserves the right without providing prior notice to discontinue product or service offerings or to change specifications of such without liability to any third party.

Moki grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services on this Site solely for your personal use.  Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, sell, rent, loan, distribute, alter, enhance or in any way exploit any of the Materials in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site

You may need a password to login to certain pages of this Site and to use certain functions and areas within this Site.  You are responsible for maintaining the confidentiality of your password and account, and agree to notify Moki if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.  You are responsible for all activities that occur with respect to your account.  You agree to immediately notify Moki of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Purchases

If applicable, you agree to pay all fees or charges to your account based on Moki’s fees, charges, and billing terms in effect when making a purchase. You are responsible for paying any taxes that may apply.  If you do not pay on time or if Moki cannot charge your credit card, PayPal or other payment method for any reason, Moki reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.  You are expressly agreeing that Moki is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated upon your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that Moki may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Electronic Communications

By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from Moki.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site.  These electronic communications are part of your relationship with Moki.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Your use of this Site is governed by the Moki Privacy Policy, which is available at the URL /privacy/ (the “Privacy Policy”).

Third Party Content

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to Moki (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  You agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  MOKI DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not Moki sites. Moki is providing these links to you only as a convenience, and Moki is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.  Such links do not constitute an endorsement by Moki of those third party sites.  You acknowledge that your use of any third party site is subject to the terms of use and privacy policies located on the linked third party sites.

Submissions

You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material, if any, that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the services available in connection with this Site, and that you, and not Moki, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.  Unless otherwise explicitly stated herein or in the Moki Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You hereby assign, transfer and convey to Moki all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.  However, Moki agrees to use all of your Submissions in accordance with Moki’s Privacy Policy with respect to personally identifiable information.

You further agree that you will not frame the Site and will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Moki set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Post serial numbers, activation keys, cracks, or any other information intended for software piracy or unlicensed use of software.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive.  Moki reserves the right to (i) terminate your access to your account, your ability to post to this Site (or the services) and (ii) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Moki determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.  Moki may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Moki’s discretion, Moki will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require Moki to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold Moki and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Moki or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

Moki™ and Moki Mobility™ are trademarks of Moki in the United States.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Moki Mobility, Inc., Copyright © 2013.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements

Notification:

Moki respects the intellectual property rights of others, and we ask you to do the same.  Moki may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Moki’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Moki to locate the material.
  • Information reasonably sufficient to permit Moki to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Moki’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

Moki Mobility, Inc.
2600 Executive Pkwy, Ste. 300
Lehi, UT 84043

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk.  Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Moki, and they may include inaccuracies or typographical or other errors.  Moki does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site.  Moki has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Moki or our licencors.

MOKI, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  MOKI DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

MOKI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE.  IN NO EVENT SHALL MOKI BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MOKI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Moki controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, Moki may terminate and/or suspend your access to this Site without notice.  Moki prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by Moki, may result in immediate termination of Utah state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Any disputes relating to these Terms or this Site will be heard in the courts located in Utah State.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Moki’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Moki and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Moki about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Last Updated: October 1, 2013