MooFwd Inc Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACTIVATING YOUR ACCOUNT.
1. ACCEPTANCE OF TERMS
MooFwd, Inc. (MooFwd) provides its offerings subject to the following Terms of Service ("TOS"), which may be updated from time to time. Please bookmark this page to review the most current version of the TOS at any time. Your use of the offerings and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the "Agreement"). This Agreement is a legal document that governs the terms and conditions of your subscription to MooFwd. You are also agreeing to accept a non-exclusive, non-assignable right and license to use MooFwd and its resources. Offerings are sold on a license basis; however, certain areas are available to visitors without cost on a trial or demonstration basis.
2. DESCRIPTION OF SERVICE
MooFwd provides users with access to a collection of mobile solutions (“the Services"): CommuniK8, TownSquare, Mooestro, eXplore, eXperience and eXtend. Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new resources, shall be subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that MooFwd assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. LICENSE USAGE
A license grants access to the purchased MooFwd service as well as permission to use its copyrighted resources. Each user using the resources must have a license in order to obtain the necessary permission. Licenses must be maintained for continued permission to use downloaded, copyrighted materials. Each license must be registered in the name of the end user, institution or entity using the Services.
As part of the registration process where applicable, each user will select, or be provided with, a username and password ("Username"). You agree to provide us with accurate, complete, unique and updated contact information for each user using downloaded resources or the Services. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the Services. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
In order to access the Services, or use its downloaded resources, you need to obtain a username and password (“Username”). Usernames are either selected by, or issued to general public users, educators within a learning institution or employees of a government entity (collectively, "Users") as part of the registration process. Users agree to provide us with accurate, complete, unique and updated contact information for downloaded resources or accessing the Services. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written
authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
You also agree that Usernames may not be shared within anyone outside of your institution or entity. They may only be used by the User they are assigned. Users remain at all times solely and fully responsible for the proper use of Usernames issued hereunder.
All Users are entirely liable for all activities conducted through their license, and are responsible for ensuring that any other person within the registered license who uses the Account are aware of, and complies with, the terms of this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement.
You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Username. You must also promptly change your Username to prevent unauthorized access to your Account. We will have no liability for any circumstances arising from the unauthorized use of a Username or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
4. MODIFICATIONS TO SERVICE
MooFwd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MooFwd shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
MooFwd may change, add, or remove any part of this Agreement, or any other terms associated with the use of the Services at any time, by posting a notice of such changes to the Terms of Service page. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
5. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Services (if applicable), including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that MooFwd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
MooFwd may provide, or third parties may provide, links to other websites or Internet resources. Because MooFwd has no control over such websites and resources, you acknowledge and agree that MooFwd is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that MooFwd shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on, or through any such website or resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOOFWD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MOOFWD MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THE SERVICES, ITS CONTENT, AND THE SERVERS ON WHICH THE SERVICES AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOOFWD OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH THE SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MOOFWD AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOOFWD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOOFWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MOOFWD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
10. TRADEMARK INFORMATION
All materials including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Services are protected by copyrights and other intellectual property rights owned and controlled by MooFwd or by other parties that have licensed their material to MooFwd. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any MooFwd content. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited.
The Services logos and product and service names are trademarks of MooFwd, Inc. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. MooFwd will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that the content or trademarks of a MooFwd website product are being misused please contact us at email@example.com as soon as possible.
The failure of MooFwd to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org immediately to report any violations.
You agree to indemnify, defend, and hold MooFwd harmless from any claims and expenses, including reasonable attorney fees, arising from or related to any breach by you of any terms of this Agreement.
15. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to MooFwd, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. MooFwd shall have no obligation of any kind with respect to such Received Materials and MooFwd will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, MooFwd is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to MooFwd for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
17. RESTRICTIONS ON USE
You may not use MooFwd or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use MooFwd solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
You have our permission to print a reasonable number of copies of MooFwd content displayed on the Website for your use, provided that any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the material you reproduce and do not exceed the license set forth in Section 3.
Except as expressly permitted by copyright law and except as permitted in the preceding paragraph, you must obtain written permission from MooFwd, or the third-party owner of material appearing on the Website, for any other copying, redistributing or publishing of any MooFwd or "Third Party Content." The downloading of any code from the Website is strictly prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the MooFwd or Third Party Content, in whole or in part, for commercial purposes without the express permission of MooFwd.
You may create and publish links to any Moofwd.com homepage. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.
You may not: (a) access the Services by any means other than by means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify the Services;(c) sublicense, rent, lease, or permit any third party, to access any of the Services through the use of User's Username, except as permitted hereunder; (d) publish the results of benchmark tests of the Services, or use the Services in any manner which is competitive with the Services provided by MooFwd; and (e) knowingly use or permit any others to use any facilities or the Services of MooFwd or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.
Users understand that except for MooFwd Content, MooFwd does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the MooFwd Content. Internet content made accessible on the Internet by independent third parties is not part of, and is not controlled by, MooFwd. MooFwd neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods or services.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. In the event you download Content from MooFwd, the software, including any files, images incorporated in or generated by the software and data that may accompany the Content are licensed to you by MooFwd. MooFwd, or our contract partners, does not transfer title to the Content to you. MooFwd, or our contract partners, retains full and complete title to the Content and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Content.
In the event any provision of this Agreement conflicts with the law or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
19. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on a MooFwd website constitute the entire agreement between you and MooFwd and govern your use of the Services.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
In the event that MooFwd determines, in its sole discretion, that a User has breached any portion of these terms and conditions, or has otherwise demonstrated inappropriate conduct, it reserves the right to (i) warn the User via e-mail that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User's account); (iii) discontinue the User's account and/or any other MooFwd service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) retroactively charge for the unauthorized use; and/or (vi) take any other action that MooFwd deems appropriate.
21. CHOICE OF LAW AND FORUM
The laws of the State of New Jersey will govern this Agreement. The laws of the State of New Jersey will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in New Jersey. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms and Conditions and agree to submit to binding arbitration. MooFwd makes no representation that materials on MooFwd are appropriate or available for use in all locations. Those who choose to access MooFwd do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Materials from MooFwd are further subject to United States export controls. No materials from MooFwd may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.