Terms of Service (effective February 1, 2018)

By using this website (“Site”), you agree to follow and be bound by these Terms of Service (“Terms of Service”), and the Privacy Policy, which is incorporated into these Terms of Service by this reference. In these Terms of Service, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to MoxieWorks, LLC (“MW”), an Illinois limited liability company, “Services” refers to all services provided by MW and “Products,” to all digital or tangible goods sold by MW.

We may revise these Terms of Service at any time without notice to you. It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use this Site. If you have any questions about these Terms of Service, please contact us.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. MINORS MAY NOT CREATE ACCOUNTS.

  1. User Accounts

1.1           Creating Accounts. In order to create a user account that allows you to receive newsletters, whitepapers and schedule coaching and training services (an “Account”), you will be required to enter some personal information into the Site including, name, address, email address, and will need to create a password with at least 6 characters. You are entirely responsible for the maintaining the confidentiality of your password. By creating an Account, you represent to MW that all of the personal information you provide and information about the business that you represent is true and correct. You acknowledge and agree that we are entitled at all times to verify the information provided. MW reserves the right to refuse or cancel your Account or your use of the Site and/or Services at any time for any reason at all.

1.2           Privacy. MW respects your privacy and permits you to control the treatment of your personal information. A complete statement of MW’s current Privacy Policy can be found by clicking here. The Privacy Policy is expressly incorporated into this Terms of Service.

1.3           Password Security. You may not use a third party’s account, user name or password at any time. You agree to notify MW immediately of any unauthorized use of your Account, user name or password. MW shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by MW, our affiliates, managers, employees, consultants, agents and representatives due to someone else’s use of your account or password.

1.4           Use of Information. In connection with the obtaining Products or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document. This information will be protected pursuant to our Privacy Policy. In addition, you grant MW a worldwide, royalty-free, nonexclusive license to use, reproduce, publish and translate this personal information solely for the purpose of providing the Services that you request and the Products that you purchase on the Site.

  1. Terms and Conditions for Purchases

2.1           Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever Services you select. We reserve the right to accept or reject any order. Should we elect to accept your offer, we will send a confirming email to the email address that you provided. However, we reserve the right to cancel any order after it is accepted by us at any time. Additionally, you have the option of cancelling your order (in its entirety only) at any time before we send the confirming email.

2.2           Payment Terms. All applicable prices are set forth alongside the Services offered on the Site. The prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular Service, the terms of such offer shall be set out in the Site and those terms shall govern the promotion in the event of a conflict with other provisions in the Site. You will be responsible to pay the price stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges of related course Content. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

2.3           Your Representations. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Products and Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying Products or Services from the Site for solely your own use, and not for resale or export.

2.4           LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL MW’S OBLIGATION OR LIABILITY FOR SERVICES PURCHASED ON THIS SITE EXCEED THE PURCHASE PRICE YOU PAID FOR THOSE SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. 

  1. Site Content

3.1           Ownership. This Site is owned and operated by MW. All right, title and interest in and to the content provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Content”) are owned or licensed either by MW or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Service, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of MW’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted here are reserved.

3.2           Limited Permission to Download. MW grants you permission to download, view, copy and print the Content found on the Site solely for your personal, informational, and internal business use, provided that: (a) the copyright and trademark notice appearing below appears in such Content, (b) the Content is not posted to social media or any other website, and (c) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Content. Any unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

3.3           Links to Third Party Sites. This Site may contain links to websites controlled by parties other than MW (each a “Third Party Site”). MW may work with a number of partners and affiliates whose sites are linked with MW but MW is not responsible for and does not endorse or accept any responsibility for the availability, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. MW makes no guarantees about the content or quality of the products or services provided by such sites. MW is not responsible for webcasting or any other form of transmission received from any Third Party Site. MW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MW of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that MW is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding links or content located on any such Third Party Site.

  1. Disclaimer / Limitation of Liability

4.1           Disclaimer. THE SITE AND ALL CONTENT, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MW MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE SERVICES, PRODUCTS PURCHASED OR CONTENT OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

4.2           Limitation of Liability. IN NO EVENT SHALL MW, ITS MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), UNDER ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, PRODUCTS OR THE USE OR INABILITY TO USE THIS SITE, EVEN IF MW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF MW TO YOU IS $10 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

  1. Indemnification

You agree to defend, indemnify and hold harmless MW, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Content. This section shall survive the termination of your Account or cessation of use of this Site. MW reserves the right to control the defense of any claim for which we are entitled to indemnification. If that happens, you agree to cooperate with us as we reasonably request.

  1. Intellectual Property Law Compliance

6.1           Compliance. When accessing the Site, you agree to obey the law respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your MW user account.

6.2           DMCA Notice. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Digital Millennium Copyright Act to the following agent: Cathy Dees – MoxieWorks, LLC, 4740 Linscott Avenue, Downers Grove, Illinois 60515. Phone: 630.921.1244. Email: cathy@moxieworksllc.com.

6.3           Inappropriate Content. When accessing the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. MW reserves the right to terminate or delete such material from its servers. MW will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

  1. Miscellaneous Provisions

7.1           Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, Content, Services, or Products shall be instituted in the Circuit Court for the 18th Judicial Circuit in Wheaton, Illinois or the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. You and MW agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

7.2           Acknowledgement. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

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