Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"
), as well as the trademarks, service
marks, and logos contained therein (the "Marks"
).
Our
Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The
Content and Marks are provided in or through the Services "AS IS"
for your personal, non-commercial use or
internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED
ACTIVITIES
"
section below, we grant you a
non-exclusive, non-transferable, revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access,
solely
for your personal, non-commercial use or
internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: Sales@mojave.us. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless canceled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly
.
Cancellation
You can cancel your subscription at any time by
contacting us using the contact information provided below.
Your cancellation will take effect at the end of the current paid term. If
you have any questions or are unsatisfied with our Services, please email us at Sales@mojave.us.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to you in accordance
with applicable law.
You
may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection
with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us
and/or the Services.
- Use
any information obtained from the Services in
order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit
false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or regulations.
- Engage
in
unauthorized
framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions,
operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as
using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools.
- Delete
the copyright or other proprietary rights notice
from any Content.
- Attempt
to impersonate another user or person or use the
username of another user.
- Upload
or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"
), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the
Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Services to you.
- Attempt
to bypass any measures of the Services designed
to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but
not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any
of the software comprising or in any way making
up a part of the Services.
- Except
as may be the result of standard search engine
or Internet browser usage, use, launch, develop,
or distribute any automated system, including
without limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make
purchases on the Services.
- Make
any
unauthorized
use of the Services, including collecting
usernames and/or email addresses of users by
electronic or other means for the purpose of
sending unsolicited email, or creating user
accounts by automated means or under false pretenses
.
- Use
the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor
or commercial enterprise.
-
Use the Services to advertise or offer
to sell goods and services.
6.
USER GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or
post content.
We may provide you with the
opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or on the Services,
including but not limited to text, writings,
video, audio, photographs, graphics,
comments, suggestions, or personal
information or other material (collectively,
"Contributions"
). Contributions may be viewable by
other users of the Services and through
third-party websites. When
you create or make available any
Contributions, you thereby represent and
warrant that:
- The creation, distribution,
transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and
owner of or have the necessary
licenses
, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and
these Legal Terms.
- You have the written
consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and
these Legal Terms.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by
us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not
used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or
rule.
- Your Contributions do not
violate the privacy or publicity rights of any third
party.
- Your Contributions do not
violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not
include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
You
and Services agree that we may access, store, process, and use any
information and personal data that you provide
and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
8.
SERVICES MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are
in any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of
the Services.
9.
TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
10.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time
or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access
or use the Services during any downtime or discontinuance of the Services. Nothing
in these Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection
therewith.
11.
GOVERNING LAW
These
Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of
the State of
Nevada
applicable to agreements made and to be entirely performed within
the State of Nevada
, without
regard to its conflict of law principles.
12.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded below)
will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the
American Arbitration
Association (AAA) website.
Your arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the arbitrator to be
excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of reasons unless
requested
by either Party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable
AAA
rules or applicable law, the arbitration will take
place in
US,
Nevada
. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter
judgment
on the award entered by the
arbitrator.
If for
any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the
state and federal courts
located in
US,
Nevada
, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either
Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize
class action procedures; and (c) 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.
Exceptions to Arbitration
The Parties agree that the following Disputes are
not subject to the above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found
to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
13.
CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
14.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE
APPROPRIATE.
15.
LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
.
CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1)
use of the Services; (2) breach of
these Legal Terms; (3) any breach
of your representations and warranties set forth
in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive
defense
and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our
defense
of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
17.
USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
18.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
19.
CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
20.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
21.
CONTACT US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Mojave payment Technologies LLC
1500 East Tropicana Avenue
Suites 230-234
Las Vegas
, NV
89119
United States
Phone:
7026641250
sales@mojave.us
