Updated January 3rd, 2023
BY ACCESSING, USING, UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, BY USING OUR SITES OR APPS, OR BY BOOKING GROOMING SERVICES VIA OUR SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
PLEASE READ THESE TERMS CAREFULLY--IT AFFECTS YOUR RIGHTS.
- ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.
- CONTINUED USE CONSTITUTES ACCEPTANCE OF THE TERMS. Your continued use of our Service, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.
I. SERVICES PROVIDED
MoeGo is a platform that enables pet owners ("Clients") seeking pet grooming services ("Grooming Services") to book appointments with pet grooming professionals and other authorized individuals associated with the pet grooming business that provides Grooming Services ("Professionals"). The Professionals and Clients are both users of the Services provided by MoeGo and are hereinafter referred to collectively as "Users" or "you".
MoeGo solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Grooming Services. MoeGo does not provide or contract for Grooming Services, and Professionals and Clients contract independently for the provision of Grooming Services. Each Client is solely responsible for selecting the Professional, the Grooming Services to be provided and the location at which Grooming Services will be performed. Any decision by a Client to receive Grooming Services or by a Professional to provide Grooming Services is a decision made in such person's sole discretion.
MoeGo does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Grooming Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. MoeGo makes no representations or warranties whatsoever with respect to Grooming Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions. You understand that MoeGo does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. MoeGo does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Grooming Services or Professionals' identity. MoeGo does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through MoeGo Services. Although the Services are intended to provide each Professional's availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule a reservation. Booking an appointment using the Services is not a guarantee that the Professional will honor the appointment as scheduled. Please carefully read the Professional's service terms and conditions before booking an appointment.
II. MOEGO ACCOUNTS
You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We reserve the right to remove or reclaim any unique user identification ("Account ID") or Account if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).
By accessing or using the Services (or any part thereof), or third party services or products offered in or linked to via our Services, you represent and warrant that (a) you are at least eighteen (18) years of age; (b) if registering as an individual or for a business entity, that you possess the legal authority to enter into these Terms and form a binding agreement under applicable law; and (c) all information provided by you as part of the registration process or continued use of the Services is accurate, current and complete and remains up-to-date. If you are unable to fulfill all of these requirements, you must immediately stop all use and terminate your access to the Services.
2. Your Account. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs, any passwords associated with your Account IDs, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
3. Services for Professionals. The Services include access to MoeGo's tools and software platform to upload, manage and store customer data on the MoeGo system. The MoeGo system allows businesses to manage staff, schedule client appointments, track billings, generate reports and analytics. Businesses are provided a personalized dashboard where they can log-in, see content and manage the Services.
III. SUBSCRIPTION TERMS
1. Service Period and Renewals. If you purchase our Services for Professionals, such Services will be provided to you for the period set forth in your purchase order or any other form of agreement between MoeGo and you (collectively, "Order", and together with the Terms, the "Agreement"), and will automatically renew on a monthly basis until you give advance written notice of termination or your subscription is otherwise terminated pursuant to the terms and conditions in the Agreement. If you elect to terminate the Services by notice, the termination will take effect at the end of your current billing cycle and you may continue to use the Services and will pay until the end of such current billing cycle.
2. Service Suspension or Termination. Notwithstanding anything to the contrary, without limiting any of our remedies, in our sole discretion, MoeGo may limit, suspend, or terminate this license and your use of the Services, prohibit access to our Platform and delete your user account and/or user ID, with immediate effect, if any outstanding invoices are more than 10 days past due, if you are in breach of the Agreement, if your pre-authorization payment fails, if in MoeGo's reasonable determination, your actions are harmful or may present a risk of harm to MoeGo or its users, or if you have violated, are violating, or threaten to violate any of our policies, MoeGo shall initiate such termination by providing notice to you (see further Notices ).
3. Effect of Termination. If your Services or Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the Services, (c) that the license provided under these Terms shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that MoeGo shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
IV. LICENSES AND PROPRIETARY RIGHTS
1. License Grant. Subject to the terms of these Terms, the Order, and payment of the applicable fees, MoeGo grants you a limited, personal, and non-assignable license and right to use the Services (including the underlying software and technology contained therein) ("Licensed Materials") for the purpose of the activities defined in the Order. This license also includes the right to use any other applications that may be explicitly provided by MoeGo. Any software provided to you is licensed; not sold.
2. Third Party Components. The Licensed Materials may incorporate and embed software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the Licensed Materials falls under the scope of these Terms. Such third-party software is licensed; not sold and will be provided to you on the license terms of these Terms unless additional or separate license terms apply as indicated at the time of download.
3. License Restrictions. You shall use the Services solely as contemplated in these Terms and shall not license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or otherwise make the Licensed Materials available to any third party. You shall not: (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Licensed Materials except to the extent expressly agreed upon in writing by MoeGo or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other use restrictions that are built into the Services; (c) access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services.
4. Restrictions on Use of the Services. You shall not (a) use, or permit the use of, the Services for an illegal purpose, criminal offence, intellectual property infringement, harassment (including annoying or offensive transmissions), or in a manner that would cause interference with network operations, attempt to bypass MoeGo's network, or re-arrange, disconnect, remove, repair or otherwise interfere with any Services or facilities; or (b) remove any proprietary notices, labels, or marks from the Licensed Materials or modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the foregoing except for the specific purpose for which such intellectual property is made available to you.
5. Lawful Purposes. You will at any and all times comply with any and all laws, regulations and policies that may apply to the use of the Services in your country, including applicable rules that govern the export or import of software. You will use the Services solely for lawful purposes. In this respect You may not, without limitation: (i) use the Services to manage any illegal operations; (ii) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs that are designed to distort, delete, damage or disassemble the technology underlying the Services (including our proprietary software which may be available for download on our Platform); (iii) send any unsolicited commercial communication not permitted by applicable law; (iv) endanger any part of any system or Internet connection of MoeGo or any third party; (v) use the Services to store any personal information from individuals who have not consented to your processing of their personal information; (vi) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (vi) above, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of any Website, MoeGo grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials; (vii) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (viii) systematically download and store Services content; (ix) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (x) interfere with or disrupt the integrity or performance of the Services or the data contained therein. MoeGo reserves the right to revoke these permissions at any time and without notice.
6. Exclusive Ownership. Except for the rights and licenses granted in these Terms, You acknowledge and agree that any and all intellectual property ("IP") rights to or arising from the software are and shall remain the exclusive property of MoeGo and its licensors. Nothing in these Terms intends to transfer any such IP rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you in these Terms. You will not take any action to jeopardize, limit or interfere with MoeGo's IP rights. Any unauthorized use of MoeGo's intellectual property rights is a violation of these Terms as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
7. User Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services ("User Content"), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the "Contact Us" section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.
Your Entire Responsibility for Your User Content. You understand that you, and not MoeGo, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. MoeGo does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. MoeGo may, in its sole discretion, screen, monitor, refuse or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will MoeGo be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that MoeGo is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and MoeGo, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.
Permission to Use Your Profile Name, Likeness. You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the MoeGo service without compensation to you. For example, we may show your MoeGo followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on MoeGo. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.
9. Feedback. If you provide MoeGo with any suggestions, comments or other feedback relating to any aspect of the Services ("Feedback"), MoeGo may use such Feedback in our Platform, the Services or in any other MoeGo products or services (collectively, "MoeGo Offerings"). Accordingly, you agree that: (a) MoeGo is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to MoeGo, (c) MoeGo (including all of its successors and assigns and any successors and assigns of any of the MoeGo Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MoeGo Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from MoeGo or any of the other users of the Services in respect of the Feedback.
10. Content and Links of Third-Party Websites. MoeGo, in its sole discretion, may provide links to other locations or websites on the Internet. The content of such third-party websites has not been reviewed by MoeGo and are maintained by third parties over which MoeGo has no control. You acknowledge and agree that you use or follow these links entirely at your own risk. MoeGo is not responsible for the damage or loss suffered by you arising out of, or in connection with your access to or use of these third-party websites, including, but not limited to, damage or loss to your computer system or loss of data arising from your use of documents or information found on these third-party websites. Any links to such third-party websites are for your convenience and the inclusion of such links on our website does not imply any endorsement, guarantee, warranty or representation by MoeGo of the quality or accuracy of the content, information, products or services or other materials provided to you on those third-party websites.
V. PAYMENT TERMS
1. Booking Fees, Payment & Charges. By using our Services to book and pay for Grooming Services, Clients acknowledge and agree to pay the fees associated with booking the Grooming Services ("Charges") as described at the time of booking. Charges include applicable fees for Grooming Services, plus any tips to the Professional that you elect to pay, plus applicable booking fees to MoeGo, applicable taxes and other applicable fees. Grooming Services fees are set by Professionals and are set forth on the applicable Professionals' booking page powered by MoeGo. Clients who are unable to uphold an appointment is responsible for timely cancellation to avoid unnecessary charges. Clients are responsible for knowing the applicable Professional's cancellation policy. Depending on specific Professional's cancellation policy, Clients may be assessed a cancellation fee upon cancellation of a confirmed appointment. In the event of a cancellation, the associated booking fee to MoeGo will not be refunded unless the applicable Professional declines the booking appointment or refunds the full amount of the Professional's Charges, in which case the booking fee will also be refunded.
In order to use MoeGo Services to receive Grooming Services, Clients are required to enter credit card or other payment information. By entering your payment information when requested, you authorize MoeGo and its payment processors to charge and process assessed Charges, or cancellation fees. MoeGo facilitates the payment transaction per these Terms between Clients and Professionals, but is not responsible for mediating any resulting disputes.
2. Platform Fees, Payment & Charges. Your access to and use of the Services provided for Professionals is subject to your payment of the applicable fees due for the Services selected by you ("Fees") as set out on your Order and all other applicable amounts, charges and taxes indicated when you purchase Services (or otherwise notified to you by MoeGo from time to time) when you use the MoeGo payment gateway on the Services or noted on your invoice. Unless we state in writing otherwise, payments are due monthly in advance and are non-refundable. Receipts for purchased Services will be delivered to you electronically. You shall: (i) keep the billing, credit card and payment information you provide to MoeGo or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise MoeGo if your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for your failure to pay any Fees billed to you by MoeGo caused by your failure to provide MoeGo with up to date billing information. To offset its additional processing costs, MoeGo may bill you for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over your credit limit; returned or rejected payments; or changes in personal identifier information. All administrative charges charged to you will be indicated to you on your invoice or receipt and you shall pay all such charges.
2. Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at 1.5% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by MoeGo within thirty (30) days after the applicable due date will be deemed a material default under these Terms, and MoeGo will be entitled to either suspend the Services or terminate the Agreement in accordance with the above.
3. Payment Errors. If you believe a payment has been processed in error, you must provide written notice to MoeGo within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by MoeGo within such thirty (30) day period, the payment will be deemed final.
4. Taxes and Third-Party Fees. You are responsible for paying all governmental sales, use, value-added, commodity, harmonized and other taxes imposed on your purchase or use of the Services. You are also responsible for and must pay any applicable third-party fee (such as telephone charges, mobile carrier fees, ISP charges, data plan charges, SMS and third-party payment processing fees) that may result from your use of the Services. To the extent MoeGo is required to collect such taxes, the applicable tax will be added to your billing account.
5. Pre-authorized Payment. By providing a credit card to MoeGo as part of your account set-up for your monthly or annual pre-authorized payments, you authorize MoeGo to charge your credit card for all outstanding Fees, taxes and charges and outstanding account balances due under the Agreement, and this constitutes MoeGo's good and sufficient authority for so doing. If your pre-authorized payment fails, MoeGo may immediately deactivate your account without notice to you and collect Fees owing using other collection mechanisms. You are solely responsible for all charges incurred under your account by you or third parties.
6. Promotional and Trial Offers. If you have purchased or received a promotional offer or other offer provided or sold by or on behalf of MoeGo for access to additional or specific features, separate terms and conditions presented to you along with the promotion may also apply to your access to the Services and you agree to comply with any such terms and conditions. From time to time, we may offer the opportunity to experience additional features for a specified period without payment ( "Trial" ). MoeGo reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
7. Third-Party Payment Processors. Part of the functionality of the Services allows Clients to pay and Professionals to accept payments for Grooming Services. MoeGo is not a bank and does not offer banking services as defined by the United States Department of Treasury. MoeGo engages third-party payment processors, such as Stripe and Square, to facilitate secure and successful payment, which may require you to provide your phone number and payment card details and may send advertising and marketing emails to you. Please be aware that you may be subject to the third-party processors' terms, and your information may be subject to their privacy practices. You agree to accept these terms to the extent applicable to you by using our Services with such third-party services being a component. You agree that any purchase and use of Stripe Terminal Products (as defined below) and Stripe Terminal Services (as defined below) through MoeGo is also subject to the Stripe Terminal Purchase Terms (https://stripe.com/legal/terminal-purchase) and Stripe Terminal Services Terms (Stripe Services Agreement - United States). A "Stripe Terminal Product" is any hardware product, instrument or piece of equipment that is purchased under the Stripe Terminal Purchase Terms. "Stripe Terminal Services" are Stripe services provided under the Stripe Terminal Services Terms. We are an authorized reseller of Stripe Terminal Products and Stripe Terminal Services but the Stripe Terminal Purchase Terms and Stripe Terminal Services Terms are solely between Stripe, Inc. and you and we are not a party thereto.
While MoeGo takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, MoeGo is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
VI. TEXTING SERVICES TERMS
Certain MoeGo Services facilitate the transmission and/or receipt of Short Message Services ("SMS") and Multimedia Messaging Services ("MMS") (collectively, "Texting Services"). You acknowledge and agree that Texting Services are provided by way of interfaces with services provided by Twilio Inc. or any of its affiliates ("Twilio"). You acknowledge and agree that your use of Texting Services is, in addition to being subject to these Terms, subject to certain terms and conditions imposed by Twilio relating to its provision of SMS and MMS functionality and voice data services, including, without limitation, those set forth at:
any restrictions on use described in Twilio's documentation at https://support.twilio.com/hc/en-us (e.g., Forbidden message categories for SMS and MMS);
in each case as same may be updated from time to time (collectively, "Twilio Terms").
If you use the Texting Services provided to Professionals, you agree to (i) comply with the Twilio Terms and any applicable law or regulation relating to the transmission of SMS and MMS including but not limited to laws and regulations related to telemarketing, robocalling, call spoofing, and spam, such as the Telephone Consumer Protection Act, Do Not Call Implementation Act, the Telemarketing Sales Rule, and CAN-SPAM Act and associated regulations, (ii) attain any necessary prior consent from any individuals or businesses with whom you communicate via the Texting Services, and (iii) indemnify, defend, and hold MoeGo and its affiliates harmless from and against any costs related to third-party claims or regulatory actions arising from any of the foregoing.
VII. CHANGES TO SOFTWARE, SERVICES AND AGREEMENT
1. Updates to Agreement. MoeGo reserves the right to modify these Terms at any time by publishing the revised Terms on our Platform. Please check these Terms periodically for changes. Your continued use of the Services shall be deemed your acceptance to be bound by the revised Terms. You can find the latest version of these Terms at https://www.moego.pet/. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Services.
2. Changes to the Licensed Materials. MoeGo may alter, update or upgrade the Licensed Materials from time to time. Services will be provided for current versions of the technology made available by MoeGo.
3. Changes to Fees and Services. MoeGo may change the Services, any Fees, amounts, charges (including one-time charges), and/or other aspect of any of the Services at any time upon reasonable notice to you by sending notice via an email to the email address you provide on your account, a message on your invoice, in writing, or any other notice method likely to come to your attention. If you do not accept the change, your sole recourse is to terminate the Services. Your continued access to and use of the Services after the change has come into effect constitutes your acceptance of the change and you acknowledge and agree that (i) you will be deemed to have accepted the change, with no additional written agreement or express acknowledgement required; and (ii) you will continue to be responsible to pay for the Services unless you terminate and immediately stop using the Services .
VIII. CUSTOMER SUPPORT
1. Customer support. MoeGo will provide support for the Services and will (i) use commercially reasonable efforts to make the Services available during the hours specified in https://www.moego.pet/ except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond MoeGo reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving MoeGo employees), or Internet service provider failures or delays, and (ii) provide the Services only in accordance with applicable laws and government regulations.
2. Maintenance Services. MoeGo provides upgrades to the Licensed Materials (including software) from time to time to provide new features and improvements, bug fixes and error corrections which will be available with subsequent releases. Hosting is provided by a third-party provider on behalf of MoeGo.
4. Named Contacts. When ordering certain Services such as support, you must provide MoeGo with the name and contact information for a named contact(s) who will be the sole user(s) authorized to use the purchased service. The named contact(s) within the company or organization may be changed if necessary but must be entitled to make decisions on behalf of your company or organization.
5. MoeGo Service Warranties. MoeGo represents and warrants that during the term of the applicable Services it will provide the Services in a manner consistent with the related service levels.
IX. THIRD PARTY TECHNOLOGY
MoeGo may utilize certain software or other technology of third parties (collectively, "Third Party Technology") in connection with its provision of the Services. The Services may be used to enable Users to interact with and/or utilize certain Third Party Technology, such as payment processing, online chat services, site translation services, accessibility overlay solutions, and any web service, website, social media platform or online library that enables functionality within a webpage displayed by the Services. MoeGo shall be responsible for enabling interoperability between the SaaS Services and the Third Party Technology applicable to our Services provided to you. Except for the foregoing, Users are solely responsible and liable for Users' access to or use of any Third Party Technology. Please also see Section 7 of Article V and Article VI regarding compliance with the terms of Third Party Technology.
X. LIABILITY PROVISIONS
1. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD MOEGO AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE SEEK TO MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF OUR SERVICES INCLUDING ANY THIRD PARTY SERVICES BEING A COMPONENT OF OUR SERVICES, YOUR ACTIVITIES WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF ANY DATA PROTECTION OR PRIVACY LAWS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY. YOUR RIGHTS WITH RESPECT TO MOEGO ARE NOT MODIFIED BY THE FOREGOING INDEMNIFICATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
2. NO WARRANTIES. THE LICENSED MATERIALS AND ANY THIRD PARTY SERVICES INCORPORATED IN OUR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES OR CONDITIONS WHATSOEVER AND MOEGO DOES NOT MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR GIVES ANY CONDITIONS, OR MAKES ANY CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE PLATFORM, THE SERVICES OR THE LICENSED MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, INTEGRITY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. MOEGO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR LICENSED MATERIALS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES MOEGO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, MOEGO AND OUR MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY "ASSOCIATED PARTIES" ) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE MOEGO SERVICES INCLUDING ANY THIRD PARTY SERVICES BEING A COMPONENT OF OUR SERVICES WILL BE FREE FROM INTERCEPTION, CORRUPTION, ERROR, DELAY OR LOSS OF DATA OR TIMELY; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE MOEGO SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. MOEGO AND ASSOCIATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE MOEGO SERVICES IS ACCURATE, FREE OF ERRORS COMPLETE, OR USEFUL (INCLUDING, WITHOUT LIMITATION, PRICING, AVAILABILITY, GENERAL PRODUCT AND SERVICE DESCRIPTIONS ETC.), AND THE POSSIBILITY THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO MOEGO SERVICES BY THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MOEGO OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE MOEGO SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN.
3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MOEGO NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER ARISING FROM THESE TERMS, RELATED TO THE SOFTWARE, OR TO ANY SERVICES PROVIDED TO YOU BY MOEGO (INCLUDING ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS )) FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF MOEGO (INCLUDING ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.**
IN NO EVENT SHALL MOEGO'S (INCLUDING ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER MOEGO NOR ANY OF ITS LICENSORS WOULD GRANT THE RIGHTS GRANTED IN THESE TERMS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF SUCH SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
4. Interruption of Service. We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. Features or services available through the Services may be discontinued at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Services. Transactions conducted through the Internet may be subject to interruption, blackout, delay or error. MoeGo shall not be responsible in any way for loss of accuracy or timeliness of any message sent or transaction conducted through this website arising from or in relation to any malfunctions in communication facilities that are out of the control of MoeGo.
XI. DISPUTE, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1. Initial Dispute Resolution. We are available by email at firstname.lastname@example.org by mail at 12130 Millennium Dr., Unit 02-184, Los Angeles, CA 90094, to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. "Disputes" means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to the immediately preceding section, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section (4) of this Article XI, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in the Los Angeles, California, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Los Angeles County, California. You or MoeGo may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures . If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
3. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section (2) of this Article XI shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
4. Exceptions. Notwithstanding the parties' agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court's jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.
5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections (2) and (3) of this Article XI by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
6. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section (2) of this Article XI do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
8. Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, United States exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
9. Exception. This agreement to arbitrate in these Terms will not apply to you if you are a resident outside the United States and this agreement to arbitrate is not permitted by law in your jurisdiction. Residents of the European Union and United Kingdom are subject to the Alternative Dispute Resolution Directive (2013/11/EU), the Online Dispute Resolution Regulation (EU 524/2013), any implement regulations in each member state of the EU, or any successor to these enacted by the UK post Brexit.
10. Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties' agreement to resolve all Disputes through arbitration, either party may seek relief in a court of law for a claim arising under California's Private Attorneys General Act.
XII. GENERAL TERMS
1. Notices. Any notices, demands or consents required or permitted under these Terms shall be in writing and delivered to MoeGo at 12130 Millennium Dr., Unit 02-184, Los Angeles, CA 90094. Any notices to be sent to you will be sent by MoeGo via email and/or post to the address provided in your account. Notice shall be considered delivered and effective on the earlier of actual receipt or when: (a) personally delivered; (b) on the same day, if sent by electronic mail or facsimile during normal business hours and on the next business day, if sent by electronic mail or facsimile after normal business hours; or (c) one (1) day after posting when sent by registered private overnight carrier (e.g., DHL, Federal Express, etc.); or (d) five (5) days after posting when sent by certified mail.
2. Minors. In compliance with the Children's Online Privacy Protection Act, MoeGo does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.
3. Customer Service. For assistance regarding these Terms or the Services or if you have other enquiries, please refer to the help section of our Platform. If you require further assistance regarding use of the Services provided by us, please contact us using the contact details located here https://www.moego.pet/.
4. Independent Contractors. These Terms does not create a partnership, franchise, joint venture or employment relationship between the parties.
5. Logos. MoeGo may refer to you in MoeGo's customer list and may use your corporate name and logo for this purpose. For the avoidance of doubt, MoeGo will not use your name, logo, any other trademark or trade-name of yours for any other purposes without your prior consent.
6. Severability. Should any term or provision hereof be deemed invalid, void or un-enforceable either in its entirety or in a particular application, the remainder of These Terms shall nonetheless remain in full force and effect and the invalid, void or unenforceable portion will be severed from the Agreement.
7. No waiver. If MoeGo does not take action against any breach of These Terms, it does not mean that MoeGo waives its right at a later time to enforce the same.
8. Assignment. These Terms shall not be assigned by either party, whether voluntarily or involuntarily or by operation of law, in whole or in part, to any other entity without the prior written consent of the other party, which consent shall not unreasonably be withheld, conditioned or delayed. Notwithstanding the foregoing, either party may assign these Terms to a successor in interest upon a merger, acquisition, reorganization, change of control, or sale of all or virtually all of its assets, and any such assignment shall not require the consent of the other party.
9. Headings. Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.
10. Conflict of Terms. If there is a conflict or contradiction between the provisions of these Terms and any relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices that relate specifically to a particular section or features of the Services shall take precedence solely as regards your use of the relevant section or feature of the Services. These terms shall control in all other respects.
11. Applicable Law and Venue. These Terms shall be governed by and construed in accordance with the laws of California, United States without giving effect to any conflict of laws or provisions whether contained in Delaware law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to these Terms will be subject to the jurisdiction of the courts of the province of Delaware. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms.
12.** Electronic Communications and Signatures**. You agree to the use of electronic communication in order to enter into agreements and place orders. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
13. Entire Agreement. These Terms, together with each fully executed Order ("Order"), forms the contract between MoeGo and you. In the event of any conflict between the terms and conditions of these Terms and the terms and conditions of any Order, the terms and conditions of the Order shall control with respect to such Order. These Terms, including any and all Orders, exhibits, schedules, attachments and material incorporated by reference, contains the entire agreement of the parties relating to the rights granted and obligations assumed in the Agreement. The Agreement represents the complete and final agreement of the parties and supersedes and replaces all prior or contemporaneous oral or written agreements, understandings or commitments between the parties.
13. Contact Us. If you have questions about These Terms, or if you have technical questions about the operation of our Services, please contact us:
By email: firstname.lastname@example.org
Via our website: https://www.moego.pet/
By mail: 12130 Millennium Dr., Unit 02-184, Los Angeles, CA 90094