Most recent revision date: June 14, 2022
Please read these Terms of Use (“Terms”) carefully, they constitute a legally binding contract. By (i) having created a user account with us; (ii) using any of the Moxa Apps; or (iii) accessing moxa.care, you have agreed to be bound by these Terms.
YOU SHOULD BE AWARE THAT MOXA IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY OR FETUS, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to use the Moxa Apps or services, or access moxa.care at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through an in-app notification, alerts on our Website and/or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you use any of the Moxa Apps or access the Website at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement.
If you do not agree to these Terms, do not use any of the Moxa Apps or moxa.care, and if you do not wish to agree to any changes to these Terms, please cease using all Moxa Apps and moxa.care and terminate your account.
The Parties to this Agreement.
These Terms describe a contractual agreement between you, the user of a Moxa App or moxa.care (“you”, “your”), and Press Health, LLC. and its subsidiaries and affiliates (collectively “Moxa”, “us”, “we”, “our”), regarding your use of the applications offered by us through iPhones, Android phones and the internet (the “Moxa Apps”), our website, moxa.care (“Website”), or any other element of our service (together with the Moxa Apps and the Website the “Services”). Moxa has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Moxa has the right to terminate or limit your account in the event that Moxa determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including by activities that adversely affect the experience of other users.
You Must Be Eligible to Use Our Services.
To be eligible to use the Services, (i) you must be at least 18 years old or you must be at least 13 years old and have the permission of your parent or legal guardian, (ii) you (or your parent/guardian) must agree to be bound by these Terms, and (iii) you must be a resident of the United States or another eligible country. To use certain other features, you may have to be a patient of a healthcare provider that offers services to patients using Moxa. If you do not meet any and all of these criteria, please delete all Moxa Apps from your systems and do NOT use the Services.
Any consideration of pregnancy, woman’s health or sexual relationships is very significant. While the Moxa Services are offered to help you down this journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly, but particularly if you are less than 18 years old, we recommend that you consult with responsible adults who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life altering.
Moxa Does Not Offer Medical Advice.
The contents of the Moxa Apps, the Website, and Services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, or business partners or any other information which you may obtain in connection with your use of the Services (“Contents”), are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, your baby and your baby's health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk. In addition, you should be aware that all information included under the heading “Insight” is from the third party source listed with that information. While we believe the source of such information is reliable, we take no responsibility for its accuracy or applicability to your situation and you should review the underlying source (by clicking the hyperlink) before you make any material decisions based on it. Finally, you should be aware that Moxa does not promise any particular results, including conception or delivery, regardless of whether you follow all the recommendations contained in the Services.
What Moxa is Providing.
Subject to your acceptance of these Terms, Moxa grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Moxa Apps, the Services and related software and to display the results of such Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of Moxa or its licensors.
PREMIUM SERVICES
Moxa may also offer you additional services (“Premium Services”), which may include additional information and analysis. You acknowledge that Moxa may charge a fee for the use of any Premium Services, provided that Moxa notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Premium Services includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. In the event that you purchase a subscription for Premium Services which extends beyond the end of the current calendar month and Moxa ceases to provide Premium Services prior to the end of the term of your subscription, you may request a refund through the Apple App store or through Google Play. You acknowledge and agree, however, that you will not have any right to a refund in the event that Premium Services are temporarily unavailable for technical or other reasons, or that Moxa changes the Premium Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE OR GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Moxa), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Premium Services that you have purchased, you have no right or title in or to any such Premium Services or information appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. Your right to use Premium Services is not transferrable by you and, as with all materials available through the Services may not be resold, repackaged, sublicensed or otherwise made available to third parties.
Moxa reserves the right to discontinue the Services (including Premium Services) or to change the content of the Services (including Premium Services) in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Premium Services in its entirety.
TERMS OF PAYMENTS
The terms of any agreement to pay for any Premium Services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.
You will pay for premium services through the Apple or Google system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for on a Moxa App or otherwise through the Services using this system.
Automatic Renewal/Free Trial Periods. Unless specifically noted at the time you purchase a subscription for Premium Services, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your AppleID/Google settings. The Moxa App settings will show the status of your subscription (e.g., free trial, premium or free user) and will link to the appropriate AppleID/Google subscription settings – but you must go to those settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will use commercially reasonable efforts to remind you of the expiration of any free trial period (following which you would become a paid subscriber), but it is your responsibility to track when subscriptions commence and renew.
By subscribing, you authorize the Apple or Google system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that Moxa may either terminate or suspend your subscription and ask Apple or Google, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Premium Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.
Medical Emergencies.
If you think you may have a medical emergency, call 911 or your healthcare provider immediately.
Your Privacy and the Use of Your Data.
We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.
You should be aware that Moxa may collect and collate a variety of information regarding the use of the Services by you, and may cause the Service to communicate to Moxa information about its operations even if you are not connected to the internet or a mobile service. Moxa is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy which are hereby made part of this agreement. As of January 1, 2020, the CCPA grants California residents some additional rights as well. Please see the Privacy Policy section for California residents for further information. Moxa uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by Moxa in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon.
You should also be aware that we may from time to time disclose or transfer some of the information that you provide through your use of the Services as more fully described in our Privacy Policy. Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services.
The Privacy of Others.
You may learn private information about other users through one of the Moxa Apps, whether in one of our forums or otherwise. In addition, you may meet other users and choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services. Notwithstanding the foregoing, as described above, we may make some or all of the content of our blogs, message boards, online/mobile forums available to users and non-users on the internet or through our mobile App.
Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Moxa or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.
Comments, Feedback, Suggestions, Ideas, Forum Posts, And Other Submissions.
The Services may invite you to chat or participate in blogs, message boards, online/mobile forums and other functionality that will be viewed by other users and/or the general public. Any material you transmit to Moxa or otherwise through the Services will be treated as non-confidential and non-proprietary. You hereby agree that Moxa shall own all copyrights to any comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to Moxa in connection with the use of the Services or otherwise and any chat, blog, message board, online/mobile forum, text, email or other communication with Moxa. You agree that unless otherwise prohibited by law, Moxa may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. More specifically, you should be aware that in the interest of promoting Moxa and/or the advancement of knowledge about fertility and related concepts, we will make all content on our forums searchable on the internet and available both to other users and to the public at large. You should be very careful, therefore, what, if any, personal details you disclose through the Service.
Usage Rules.
You agree that your use of and conduct on the Services (including any forum, message board, chat or other communication feature), shall be lawful and will not:
1. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
2. include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
3. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
4. promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
5. violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
6. be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
7. reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
8. attempt to impersonate any other party;
9. create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
10. trick, defraud or mislead Moxa or other users, especially in any attempt to learn sensitive account information such as passwords;
11. make improper use of Moxa's support services or submit false reports of abuse or misconduct;
12. engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior written consent of Moxa;
13. create or transmit unwanted electronic communications such as "spam," to other users or members of Services or otherwise interfere with other users' or members' enjoyment of the Services;
14. disparage, tarnish, or otherwise harm, in Moxa’s opinion, Moxa and/or the Service;
15. disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or 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"), 1x1 pixels, web bugs, cookies or other similar devices;
16. copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code;
17. reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
18. except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
19. cover or obscure any notice, banner, advertisement or other branding on the Services;
20. interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services; or
21. otherwise violate any rule or policy of one of the Forums on which you may participate.
Contests, Sweepstakes, and Promotions.
From time to time you may be able to participate in contests, giveaways, sweepstakes or other similar promotions we sponsor. Participation may require sharing your personal information with us or third parties sponsoring the contest, giveaway, sweepstakes or promotion, and you should check the rules to determine how your information will be used and shared with others. Moxa may announce rules in connection with any such opportunity, but regardless of whether specific rules are announced, all such opportunities will be controlled by Moxa’s "Contest Policies". Any rules announced at the time of a contest will be in addition to the Contest Policies. In addition, as a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials. If a third party administers the contest, your participation may be subject to additional terms and conditions and that third party's privacy policy. We are not responsible for such third parties. You should carefully review the Contest Policies and these third parties' terms and conditions before deciding whether to participate in a contest publicized through the Service.
We do NOT Make Warranties Regarding the Services.
Other than as expressly set out in this agreement, neither Moxa nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is”. Moxa makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
THE SERVICES AND THE WEBSITE (INCLUDING ANY MOBILE APPLICATION) IS PROVIDED BY MOXA ON AN “AS IS” BASIS. MOXA AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MOXA APPS, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OF THE MOXA APPS OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOXA AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOXA AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY MOXA APP OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
POTENTIAL UNAVAILABILITY. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. MOXA SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY MOXA APP, THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND MOXA’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT MOXA SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES. Moxa is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any Moxa App, usage of the Website and/or in connection with the Services. Under no circumstances will Moxa be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of any Moxa App, the Website, the Services, any content or third party applications, software or content posted on or through any Moxa App, the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
Moxa does not control or endorse the content, messages or information provided by users of the Services, including in any chat or forum features, or external sites that may be linked to or from a Moxa product or its forum and, therefore, Moxa specifically disclaims any responsibility with regard thereto.
The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Limitation of Our Liability.
Your use of the Services and the content of the Services is at your own risk. Moxa and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Moxa App or the Website. In particular, but without limitation, you are agreeing that Moxa is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or in any Moxa App, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Moxa is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Moxa, with respect to the Moxa App in question, use of the Website and/or the Services, or One Hundred dollars, if greater. In addition, you specifically agree and acknowledge that Moxa is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.
Third Party Rights.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Moxa only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Protection of Your Account Information.
Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.
Complete Agreement Between You and Us.
Except as expressly provided, these Terms constitute the entire agreement between you and Moxa with respect to the use of Moxa Apps, the Website and/or the Services. Your use of the Services is also subject to our Privacy Policy.
How We Handle Disputes.
If a dispute arises between you and Moxa, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.
Arbitration Provision.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SERVICE, WEBSITE, OR ANY MOXA APP.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of any Moxa App, the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Moxa shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Moxa will pay all arbitration fees and expenses. You and Moxa each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Moxa or our partners pending the completion of the arbitration.
Jurisdiction and Complete Agreement
These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
How You Can Contact Us.
If you have questions or concerns, you should contact us at general@moxa.care
Indemnification.
You agree to indemnify and hold Moxa (and any employee, officer, director or affiliate of Moxa, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Moxa or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Term and Termination.
Unless terminated by Moxa, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting all Moxa Apps from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Moxa may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by Moxa. Moxa shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Moxa terminate the agreement reflected in these Terms, or if Moxa suspends your access to the Services, you agree that Moxa shall have no liability or responsibility to you and Moxa will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
Miscellaneous.
Moxa operates and controls the Services from its offices in the United States. Moxa makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Moxa to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Moxa Apps may be subject to United States export controls. Thus, none of the Moxa Apps may be downloaded, exported or re-exported outside the United States, but in particular (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Moxa App and Service-related materials obtained from the Services, Moxa or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Moxa if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not assign these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Moxa's request, you will furnish Moxa any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Moxa by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Complaints or Notices.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Apps, the website or through the Services in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s Copyright Policy. If You believe that any material on or in the Apps, the website or through the Services violates these Terms, please notify the Company as soon as possible by sending an email to general@moxa.care
Statute of Limitations. You and Moxa both 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 Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. These Terms are between you and Moxa. No user has any rights to force Moxa to enforce any rights it may have against any you or any other user.
Government Use. If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
