Effective as of June 23, 2017.
IMPORTANT NOTE: YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
I. GETTING STARTED
1. Creating an Account. You must have an account with MoeGo in order to use the Services. You must also have signed and agreed to this Agreement, a copy is available by contacting http://www.moego.pet/. By creating an account with MoeGo (an "Account"), and paying any applicable fees, you are granted a right to use the Services provided by MoeGo subject to the restrictions set forth in these Terms and any other restrictions stipulated to you writing. Before you can access your account, you will be asked to provide certain basic information to use the Services. This information may include your name, address, company, telephone number, email address, and credit card details (which can include information regarding any licensing and registration if applicable). In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by MoeGo (such information, "Registration Data"). All credit card information is held by MoeGo’s payment gateway provider employing industry standard protections.
You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We reserve the right to remove or reclaim any unique user identification (“Account ID”) or Account if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).
By accessing or using the Services (or any part thereof), or third party services or products offered in or linked to via our Services, you represent and warrant that (a) you are at least eighteen (18) years of age; (b) if registering for a business entity, that you possess the legal authority to enter into these Terms and form a binding agreement under applicable law; and (c) all information provided by you as part of the registration process or continued use of the Services is accurate, current and complete and remains up-to-date. If you are unable to fulfill all of these requirements, you must immediately stop all use and terminate your access to the Services.
2. Your Account. By creating an Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). The above paragraph is applicable to U.S.-based users only, and international users are required to comply with applicable international law.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs, any passwords associated with your Account ID, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
3. Services Overview. The Services include access to MoeGo’s tools and software platform to upload, manage and store customer data on the MoeGo system. The MoeGo system allows businesses to manage staff, schedule client appointments, track billings, generate reports and analytics. Businesses are provided a personalized dashboard where they can log-in, see content and manage the Services.
II. SUBSCRIPTION TERMS
1. Service Period and Renewals. Services purchased will be provided to you for the period set forth in your Order Schedule, and will automatically renew until your subscription is terminated pursuant to the terms and conditions in the Customer Agreement.
2. Service Suspension or Termination. Without limiting any of our remedies, MoeGo may limit, suspend, or terminate this license and your use of the Services, prohibit access to the Site and delete your user account and/or user ID, with immediate effect, if any outstanding invoices are more than 10 days past due, if you are in breach of this Agreement, if your pre-authorization payment fails, if you are creating legal liabilities (actual or potential), or acting inconsistently with respect to our policies. MoeGo shall initiate such termination by providing notice to you (see further Notices).
3. Effect of Termination. Upon termination of the Customer Agreement or these Terms, your access to and receipt of the Services will terminate. MoeGo will not be liable in respect of any damage caused by the termination of this Agreement.
III. LICENSES AND PROPRIETARY RIGHTS
1. License Grant. Subject to the terms of these Terms, the Customer Agreement, and payment of the applicable fees, MoeGo grants you a limited, personal, and non-assignable license and right to use the Services (including the underlying software and technology contained therein) (“Licensed Materials”) for the purpose of the activities defined in the Customer Agreement. This license also includes the right to use any other applications that may be explicitly provided by MoeGo. Any software provided to you is licensed; not sold.
2. Third Party Components. The Licensed Materials may incorporate and embed software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the Licensed Materials falls under the scope of this Agreement. Such third-party software is licensed; not sold and will be provided to you on the license terms of this Agreement unless additional or separate license terms apply as indicated at the time of download.
3. License Restrictions. You shall use the Services solely as contemplated in this Agreement and shall not license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or otherwise make the Licensed Materials available to any third party. You shall not: (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Licensed Materials except to the extent expressly agreed upon in writing by you or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other use restrictions that are built into the Services; (c) access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services.
4. Restrictions on Use of the Services. You shall not (a) use, or permit the use of, the Services for an illegal purpose, criminal offence, intellectual property infringement, harassment (including annoying or offensive transmissions), or in a manner that would cause interference with network operations, attempt to bypass MoeGo’s network, or re-arrange, disconnect, remove, repair or otherwise interfere with any Services or facilities; or (c) remove any proprietary notices, labels, or marks from the Licensed Materials or modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the foregoing except for the specific purpose for which such intellectual property is made available to you.
5. Lawful Purposes. You will at any and all times comply with any and all laws, regulations and policies that may apply to the use of the Services in your country, including applicable rules that govern the export or import of software. You will use the Services solely for lawful purposes. In this respect You may not, without limitation (i) use the Services to manage any illegal operations, (ii) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs that are designed to distort, delete, damage or disassemble the technology underlying the Services (including our proprietary software which may be available for download on the Site), (iii) send any unsolicited commercial communication not permitted by applicable law; (iv) endanger any part of any system or Internet connection of MoeGo or any third party; (v) use the Services to store any personal information from individuals who have not consented to your processing of their personal information; (vi) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (vi) above, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of any Website, MoeGo grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials; (vii) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (viii) systematically download and store Services content; (ix) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (x) interfere with or disrupt the integrity or performance of the Services or the data contained therein. MoeGo reserves the right to revoke these permissions at any time and without notice.
6. Exclusive Ownership. Except for the rights and licenses granted in this Agreement, You acknowledge and agree that any and all intellectual property (“IP“) rights to or arising from the software are and shall remain the exclusive property of MoeGo and its licensors. Nothing in this Agreement intends to transfer any such IP rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with MoeGo’s IP rights. Any unauthorized use of MoeGo’s intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
7. Content. As between you and MoeGo, you own the content you provide, create, store and process through the Services. You hereby grant MoeGo, its subcontractors and agents the right and license to access and use the Content to the extent necessary to perform the Services as contemplated by this Agreement. You acknowledge and agree that MoeGo may obtain and use interaction data from the Services to improve its business and services. For the avoidance of doubt, MoeGo will only use your Content in an aggregated and anonymized manner and will not reveal its origins.
9. Feedback. If you provide MoeGo with any suggestions, comments or other feedback relating to any aspect of the Site and/or the Services (“Feedback“), MoeGo may use such Feedback in the Site, the Services or in any other MoeGo products or services (collectively, “MoeGo Offerings“). Accordingly, you agree that: (a) MoeGo is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to MoeGo, (c) MoeGo (including all of its successors and assigns and any successors and assigns of any of the MoeGo Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MoeGo Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from MoeGo or any of the other users of the Site in respect of the Feedback.
10. Content and Links of Third Party Websites. MoeGo, in its sole discretion, may provide links to other locations or websites on the Internet. The content of such third party websites have not been reviewed by MoeGo and are maintained by third parties over which MoeGo has no control. You acknowledge and agree that you use or follow these links entirely at your own risk. MoeGo is not responsible for the damage or loss suffered by you arising out of, or in connection with your access to or use of these third party websites, including, but not limited to, damage or loss to your computer system or loss of data arising from your use of documents or information found on these third party websites. Any links to such third-party websites are for your convenience and the inclusion of such links on our website does not imply any endorsement, guarantee, warranty or representation by MoeGo of the quality or accuracy of the content, information, products or services or other materials provided to you on those third party websites.
IV. PAYMENT TERMS
1. Fees, Payment & Charges. Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by you (“Fees“) as set out on your Order Schedule and all other applicable amounts, charges and taxes indicated when you purchase Services (or otherwise notified to you by MoeGo from time to time) when you use the MoeGo payment gateway on the Site or noted on your invoice. Unless we state in writing otherwise, payments are due monthly in advance and are non-refundable. Receipts for purchased Services will be delivered to you electronically. You shall: (i) keep the billing, credit card and payment information you provide to MoeGo or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise MoeGo if your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for your failure to pay any Fees billed to you by MoeGo caused by your failure to provide MoeGo with up to date billing information. To offset its additional processing costs, MoeGo may bill you for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over your credit limit; returned or rejected payments; or changes in personal identifier information. All administrative charges charged to you will be indicated to you on your invoice or receipt and you shall pay all such charges.
2. Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at 1.5% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by MoeGo within thirty (30) days after the applicable due date will be deemed a material default under this Agreement, and MoeGo will be entitled to either suspend the Services or terminate the Agreement in accordance with the above.
3. Payment Errors. If you believe a payment has been processed in error, you must provide written notice to MoeGo within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by MoeGo within such thirty (30) day period, the payment will be deemed final.
4. Taxes and Third-Party Fees. You are responsible for paying all governmental sales, use, value-added, commodity, harmonized and other taxes imposed on your purchase or use of the Services. You are also responsible for and must pay any applicable third-party fee (such as telephone charges, mobile carrier fees, ISP charges, data plan charges, SMS and third-party payment processing fees) that may result from your use of the Services. To the extent MoeGo is required to collect such taxes, the applicable tax will be added to your billing account.
5. Pre-authorized Payment. By providing a credit card to MoeGo as part of your account set-up for your monthly or annual pre-authorized payments, you authorize MoeGo to charge your credit card for all outstanding Fees, taxes and charges and outstanding account balances due under the Agreement, and this constitutes MoeGo’s good and sufficient authority for so doing. If your pre-authorized payment fails, MoeGo may immediately deactivate your account without notice to you and collect Fees owing using other collection mechanisms. You are solely responsible for all charges incurred under your account by you or third-parties.
6. Promotional and Trial Offers. If you have purchased or received a promotional offer or other offer provided or sold by or on behalf of MoeGo for access to additional or specific features, separate terms and conditions presented to you along with the promotion may also apply to your access to the Services and you agree to comply with any such terms and conditions. From time to time, we may offer the opportunity to experience additional features for a specified period without payment ("Trial"). MoeGo reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
V. CHANGES TO SOFTWARE, SERVICES AND AGREEMENT
1. Updates to Agreement. MoeGo reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Site. Please check this Agreement periodically for changes. The revised Agreement shall become effective within ten (10) days of such publication or provision to you, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the Services after expiry of the notice period of ten (10) days shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.moego.pet/. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services.
2. Changes to the Licensed Materials. MoeGo may alter, update or upgrade the Licensed Materials from time to time. Services will be provided for current versions of the technology made available by MoeGo.
3. Changes to Fees and Services. f If you do not accept the change, your sole recourse is to terminate the Services. Your continued access to and use of the Services after the change has come into effect constitutes your acceptance of the change and you acknowledge and agree that (i) you will be deemed to have accepted the change, with no additional written agreement or express acknowledgement required; and (ii) you will continue to be responsible to pay for the Services unless you terminate in accordance with Section II.1 at http://www.moego.pet/.
VI. CUSTOMER SUPPORT
1. Customer support. MoeGo will provide support for the Services and will (i) use commercially reasonable efforts to make the Services available during the hours specified in http://www.moego.pet/ except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond MoeGo reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving MoeGo employees), or Internet service provider failures or delays, and (iii) provide the Services only in accordance with applicable laws and government regulations.
2. Maintenance Services. MoeGo provides upgrades to the Licensed Materials (including software) from time to time to provide new features and improvements, bug fixes and error corrections which will be available with subsequent releases. Hosting is provided by a third-party provider on behalf of MoeGo.
3. Methods of Contact. You may contact MoeGo via the means set out on the support page http://www.moego.pet/.
4. Named Contacts. When ordering certain Services such as support, you must provide MoeGo with the name and contact information for a named contact(s) who will be the sole user(s) authorized to use the purchased service. The named contact(s) within the company or organization may be changed if necessary but must be entitled to make decisions on behalf of your enterprise.
5. MoeGo Service Warranties. MoeGo represents and warrants that during the term of the applicable Services it will provide the Services in a manner consistent with the related service levels.
VII. LIABILITY PROVISIONS
1. Indemnification. You agree on demand to indemnify, defend and hold MoeGo, its affiliates and their directors, officers and employees harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, or any third party in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Services.
To the extent permitted under applicable laws, you hereby release MoeGo from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
2. NO WARRANTIES. THE LICENSED MATERIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER AND MOEGO DOES NOT MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR GIVES ANY CONDITIONS, OR MAKES ANY CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE, THE SERVICES OR THE LICENSED MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, INTEGRITY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. MOEGO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR LICENSED MATERIALS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES MOEGO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, MOEGO AND OUR MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY "ASSOCIATED PARTIES" ) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE MOEGO SERVICES WILL BE FREE FROM INTERCEPTION, CORRUPTION, ERROR, DELAY OR LOSS OF DATA OR TIMELY; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE MOEGO SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. MOEGO AND ASSOCIATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE MOEGO SERVICES IS ACCURATE, FREE OF ERRORS COMPLETE, OR USEFUL (INCLUDING, WITHOUT LIMITATION, PRICING, AVAILABILITY, GENERAL PRODUCT AND SERVICE DESCRIPTIONS ETC.), AND THE POSSIBILITY THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO MOEGO SERVICES BY THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MOEGO OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE MOEGO SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN.
3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MOEGO NOR ANY OF ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER ARISING FROM THIS AGREEMENT, RELATED TO THE SOFTWARE, OR TO ANY SERVICES PROVIDED TO YOU BY MOEGO (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS)) FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF MOEGO (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
IN NO EVENT SHALL MOEGO’S (INCLUDING ITS LICENSORS AND SUBCONTRACTORS) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER MOEGO NOR ANY OF ITS LICENSORS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF SUCH SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
4. Interruption of Service. We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. Features or services available through the Services may be discontinued at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Services. Transactions conducted through the Internet may be subject to interruption, blackout, delay or error. MoeGo shall not be responsible in any way for loss of accuracy or timeliness of any message sent or transaction conducted through this website arising from or in relation to any malfunctions in communication facilities that are out of the control of MoeGo.
5. Mandatory Informal Dispute Resolution. If you have any dispute with MoeGo arising out of or relating to this Agreement, you agree to notify MoeGo in writing with a brief, written description of the dispute and your contact information, and MoeGo will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.
6. Arbitration Agreement. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MOEGO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 5 ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND MOEGO AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTG_004130) as amended by this Agreement. Any arbitration hearing will be held in the District of Columbia. The applicable governing law will be as set forth below (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
VIII. GENERAL TERMS
1. Notices. Any notices, demands or consents required or permitted under this Agreement shall be in writing and delivered to MoeGo at 12855 Runway Rd, #3230 Playa Vista, California. Any notices to be sent to you will be sent by MoeGo via email and/or post to the address provided in your account. Notice shall be considered delivered and effective on the earlier of actual receipt or when: (a) personally delivered; (b) the day following transmission if sent by telex, telegram, electronic mail or facsimile when followed by written confirmation by registered overnight carrier or certified mail; or (c) one (1) day after posting when sent by registered private overnight carrier (e.g., DHL, Federal Express, etc.); or (d) five (5) days after posting when sent by certified mail.
2. Minors. In compliance with the Children's Online Privacy Protection Act, MoeGo does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.
3. Customer Service. For assistance regarding this Agreement or the Services or if you have other enquiries, please refer to the help section of the Site. If you require further assistance regarding use of the Services provided by us, please contact us using the contact details located here http://www.moego.pet/.
4. Independent Contractors. This Agreement does not create a partnership, franchise, joint venture or employment relationship between the parties.
5. Logos. MoeGo may refer to you in MoeGo’s customer list and may use your corporate name and logo for this purpose. For the avoidance of doubt, MoeGo will not use your name, logo, any other trademark or trade-name of yours for any other purposes without your prior consent.
6. Severability. Should any term or provision hereof be deemed invalid, void or un-enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and the invalid, void or unenforceable portion will be severed from the Agreement.
7. No waiver. If MoeGo does not take action against any breach of this Agreement, it does not mean that MoeGo waives its right at a later time to enforce the same.
8. Assignment. This Agreement shall not be assigned by either party, whether voluntarily or involuntarily or by operation of law, in whole or in part, to any other entity without the prior written consent of the other party, which consent shall not unreasonably be withheld, conditioned or delayed. Notwithstanding the foregoing, either party may assign this Agreement to a successor in interest upon a merger, acquisition, reorganization, change of control, or sale of all or virtually all of its assets, and any such assignment shall not require the consent of the other party.
9. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
10. Conflict of Terms. If there is a conflict or contradiction between the provisions of these Terms and any relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices that relate specifically to a particular section or features of the Services shall take precedence solely as regards your use of the relevant section or feature of the Services. These terms shall control in all other respects.
11. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of California, United States without giving effect to any conflict of laws or provisions whether contained in Delaware law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the province of Delaware. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
12. Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
13. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and MoeGo with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.