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Moxie Made Terms and Conditions of Use

Last Updated as of March 13, 2019

We are pleased to welcome you to Moxie Made (“Moxie Made”) and the www.wearemoxiemade.com website (the Website” or the “Site”).  These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website.  Moxie Made operates a website as well as an online retail store from which website users can view and purchase products from Moxie Made under its Convalore brand (“Convalore”) and from third party vendors whose products are offered for sale on the Site (“third party vendors”; collectively, Convalore and third party vendors are referred to as “Vendors”).  In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Moxie Made, its subsidiaries, successors in interest and assigns, and www.wearemoxiemade.com.  

Please read these terms of use carefully before using this Website and make sure you understand them.  These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Moxie Made and you regarding your use of this Website and supersede any prior statements or representations.  This Website’s Privacy Policy (https://wearemoxiemade.com/pages/privacy-policy) is incorporated into these Term of Use by reference and is made a part hereofYou are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.

Consent to Terms and Conditions

By using the Website and/or registering for an account, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.  

Use of the Site

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations.  To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the Website and/or register for any interactive functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy.  If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.

By having accepted these Terms of Use, and/or entering and participating in the activities offered on the Site, you affirm, represent and warrant that:  (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change.  Moxie Made reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on the Site and changes will become effective once posted.   Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Ownership of the Website

Moxie Made owns, licenses and/or has the right to use this Website and all intellectual property rights to the same, including but not limited to the intellectual property owned by third party Vendors who have granted Moxie Made the right to use their intellectual property on the Website (collectively, “Materials”). This Website and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Moxie Made. Moxie Made hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Moxie Made’s intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials.  You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Moxie Made and/or the Vendors (collectively, “Vendors’ intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Moxie Made’s consent.

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Moxie Made, is prohibited.  Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Provision of the Services by Moxie Made

Moxie Made seeks to provide the best possible experience for its users.  You acknowledge and agree that the form and nature of the services which Moxie Made provides may change from time to time without prior notice to you.  As part of this continuing innovation, you acknowledge and agree that Moxie Made may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally, at Moxie Made’s sole discretion.  If you have opened an account, Moxie Made, may disable your account, with no notice to you if, in Moxie Made’s sole and subjective discretion, you are in violation of any of the Terms of Use. 

Setting Up Your Account

For ease of making purchases from our online store, you may decide to register with us and set up an account with a username and a password (your “Account”).  All information you provide must be truthful. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords.  You must be at least 18 years old to set up an Account.  When you register, you will be asked to provide your name, a username and an email address. The information you provide to Moxie Made is subject to our Privacy Policy.  Please see our Privacy Policy here (https://wearemoxiemade.com/pages/privacy-policy) for information concerning the collection and use of Personal Information from this Website.

 Purchasing From the Site

All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Shopify (www.shopify.com).  Please review carefully the terms and conditions of use on the Shopify website.  Moxie Made is not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Shopify terms.

Shipping/Cancellation/Returns

Each Vendor has its own shipping, cancellation and return policies. Please consult the individual Vendor’s product page for details on shipping, returns, cancellations and exchanges for that Vendor (collectively, “Vendor policies”). When you purchase items from different Vendors, differing Vendor policies may apply. You will be able to review the Vendors’ policies that apply to each of your purchases prior to placing your order, and you will be asked to consent to such policies prior to submitting your payment information.

Resolving Disputes

If you have a dispute with a Vendor, you should first contact Moxie Made’s Customer Service representative at customerservice@wearemoxiemade.com. If appropriate, as determined by Moxie Made, in its sole and absolute discretion, we may refer you to the Vendor from which you have purchased product for final resolution and disposition of the dispute.

Whether or not you request assistance from Moxie Made in resolving a dispute you have with a Vendor other than Moxie Made, Moxie Made has no liability to you for and you release Moxie Made from any claims, demands and damages arising out of disputes with other Vendors.

If you have a dispute with Moxie Made relating to the Website or the services please contact us at customerservice@wearemoxiemade.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the website and/or our services. Click here to jump to this section.

Use in the United States

This Website is intended for use within the United States, and we control and operate the Website from the United States.  We make no representation that materials on the Site are appropriate or available for use outside the United States.  If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links

The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Moxie Made.  Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites.  By providing such links, Moxie Made shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Moxie Made is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom.  Copyrights in the materials or information on the linked websites are owned by other organizations.  Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website.  Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

User Submitted Content

On certain sections of this Site, you may be permitted to post reviews, comments, or other information or materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Moxie Made has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions.

With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, Moxie Made and all other users of this Site a world-wide, nonexclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotion of Moxie Made. Without limiting the foregoing, such license permits Moxie Made to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any Moxie Made authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant Moxie Made the right to use your User Content, likeness, biographical information, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting Moxie, its products and/or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated herein; (iv) you will be responsible for all User Content submitted through your email access, and for all purposes under these Terms and Conditions, all submissions from your account shall be deemed to have been submitted by you; and (v) you are 18 or older.

Moxie Made has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, Moxie Made reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; (ii) revoke any user’s right to use this Site. Moxie Made is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, Moxie Made may edit, alter, post, decline to post, remove, discard or delete your User Content at any time with no further notice. Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of Moxie Made, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk email, unsolicited mass emailings, “spamming, “ “spimming” or “phishing; “ (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.

Promotions, Sweepstakes and Contests

On occasion, Moxie Made and/or certain of its advertisers, partners or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site.  Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.  By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide by and be bound by them.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your device to avoid disclosure of such.  You further agree that you will be responsible for all activity taken under your password and/or account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services.  

User Conduct

In connection with your use of the Website, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site;
  • use the Site, Material and content on the Site or on Vendors’ product pages (collectively, “Content”) for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Moxie Made endorsement, partnership or otherwise misleads others as to your affiliation with Moxie Made;
  • dilute, tarnish or otherwise harm the Moxie Made brand in any way, including through unauthorized use of the Material, and/or any of the Vendor’s intellectual property, registering and/or using Moxie Made or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Moxie Made domains, trademarks, taglines, promotional campaigns or Website content;
  • copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;
  • infringe the rights of Moxie Made, the Vendors or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • register for more than one Moxie Made account or register for a Moxie Made account on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site.

Limitation of Liability and Warranty and Use Disclaimer

Moxie Made endeavors to make sure that all information and data it originates on the Website is accurate.  However, Moxie Made is not responsible for any damages or loss related to the use of this Website. 

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  MOXIE MADE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER MOXIE MADE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES MOXIE MADE MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF MOXIE MADE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Moxie Made is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Indemnity

Unless prohibited by law, you agree to indemnify Moxie Made, and each of its parent, subsidiary and affiliated entities (collectively, “Moxie Made Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use.  You agree that your representations and warranties, and your obligation to indemnify Moxie Made, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Moxie Made electronically, via email or otherwise, you consent to receive electronic communications from Moxie Made.  You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Moxie Made satisfy any legal requirement that such communication be in writing.  Moxie Made encourages you to retain your own copies of relevant information; however, upon your written request, Moxie Made will provide you with a copy of the information you provided to Moxie Made when creating your Account. Please see our Privacy Policy concerning providing information to Moxie Made, your consent to receiving information from Moxie Made, your ability to withdraw such consent, and Moxie Made’s obligations with respect to maintaining and/or returning any information you have provided to Moxie Made.  To request a copy of information you provided to Moxie Made, please contact us at customerservice@wearemoxiemade.com. 

With respect to all communications you make to Moxie Made directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Moxie Made shall have no obligation to protect your communications from disclosure; (ii) Moxie Made shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii)Moxie Made shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.

Acquisition of Business

In the event that Moxie Made, or an affiliate or Moxie Made is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Moxie Made goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Moxie Made may continue to use the Personal Information as set forth in this Privacy Policy.  If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. 

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at customerservice@wearemoxiemade.com.

Copyright Infringement - Notice and Take-Down Policy

Moxie Made values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Moxie Made in writing as follows:

Address: Moxie Made Copyright, 900 Broadway, Suite 1001, New York, NY 11101

Electronic Mail Address: copyright@wearemoxiemade.com

In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;
  • identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Moxie Made to locate such materials;
  1. contact information (e., name, address, email address) sufficient to enable Moxie Made to contact you;
  2. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
  3. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable.  Downloading or using the Software is at your sole risk

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.  No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Moxie Made of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Moxie Made’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction.  Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration. 

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury. 

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content and/or the Materials.

By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 

Notwithstanding anything to the contrary set forth in these Terms of Use, Moxie Made may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Moxie Made, in the event that Moxie Made believes that there is a violation, or a threatened violation, that has jurisdiction of any of Moxie Made’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court. 

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