EFFECTIVE AS OF: September 12, 2016
Welcome to moolah!
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
Introduction and Overview
You (“You”) have arrived at moolah and/or are otherwise interacting with Our Service (defined below), which is owned and operated by moolah Co. (“moolah,” “We,” “Us,” or “Our”). By interacting or using any site or app that posts a link to these Terms of Service (“Terms“), or any feature, widget, plug-in, application, content, download or other service controlled by moolah and made available through such online service locations (collectively, the “Service”), You signify Your assent and agreement to these Terms. You may also be required to agree to certain other additional terms in connection with Your use of some or all of the Service (collectively, “Additional Terms”). If You do not agree to these Terms and the Additional Terms (if any), You must not use the Service.
Complete provisions (and not the headings or summaries) shall govern.
1. Service Content, Ownership, Limited License, and Rights of Others
We only grant You a limited revocable license to use the Service for Your own non-commercial use subject to the terms and conditions in these Terms and any Additional Terms.
2. Content You Submit
You grant Us broad authority, which We may delegate, to use the content You submit or otherwise make available to Us directly or indirectly (collectively, “Submissions”) to act on Your behalf to effectuate the Service and improve Your online experience. You represent to Us that You have the right to allow Us to use the foregoing content. As between You and moolah, you retain ownership of, and responsibility for, Your Submissions. We have the right to manage Our Service to keep its content appropriate.
3. Service and Content Use Restrictions
Your use of Our Service is subject to various restrictions designed to protect the Service and Our users. We may change or discontinue Our Service in whole or in part. moolah may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in moolah’ sole discretion, and without advance notice or liability.
4. Registration, Purchases, and Claims Settings and Features
By registering for the Service, You authorize moolah to act as Your agent for the purpose of effectuating the Service (e.g. tracking Your purchases and submitting claims on Your behalf and through Your linked third party accounts). We may offer You options regarding Your purchases, claims, and linked third-party accounts, which may change as Our Service evolves.
5. Notices, Questions and Customer Service
Contact Us for customer service or questions. You agree We may provide You notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the email You provided.
We may charge You for each successful Refund Claim (“Charges”) and You agree to pay immediately. Charges may vary from claim to claim.
7. Links By You to the Service
You may link to Our Service, subject to some basic requirements.
8. Third-Party Sites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, plug-ins or sites.
9. Wireless Use
Wireless carrier charges may apply to use of the Service via wireless networks for which You will be responsible.
10.Governing Law and Forum for Disputes
This Agreement, and your relationship with moolah under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with moolah, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small claims court of the Superior Court of California within the county of Los Angeles, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case moolah may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, moolah is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with moolah, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
11. Additional Remedies
You acknowledge that Your conduct that is inconsistent with the provisions of these Terms may cause moolah irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, You agree that moolah may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
12. Disclaimer of Representations and Warranties
We disclaim all warranties and provide the Service on an “as-is,” “as available,” and “with all faults” basis.
13. Limitations of Our Liability
Our liability is greatly limited as more fully explained in this section.
14. Waiver of Injunctive or Other Equitable Relief
You waive equitable or injunctive relief.
15. Copyright Complaints
We own, protect and enforce copyright and other rights in Our own intellectual property, and respect the intellectual property rights of others. Materials may be made available on or through the Service by third parties not within Our control. It is Our policy not to permit materials known by Us to be infringing to remain on or available through the Service. Please notify Us promptly if You believe that any materials on or available through the Service infringe on Your intellectual property rights or the intellectual property rights of anyone else. Once We receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), We will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
16. Updates to Terms
These Terms and applicable Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as Our Service evolves. Posting of new Terms on the Service is notice to You thereof.
17. General Provisions
You agree to various other terms and conditions, which You should read here, including regarding (i) Our control and discretion; (ii) the law that governs these Terms; (iii) Your indemnity of Us; (iv) accessing the Service from outside of the United States; (v) restriction on the Service for those countries subject to U.S. export controls; (vi) enforcement and interpretation of these Terms; (vii) communications with Us; (viii) investigations, cooperation with law enforcement, termination and survival; (ix) limit on assignment and delegation of rights and obligations; (x) how waivers may be made; (xi) special terms for U.S. government users; (xii) Your responsibility for Your connectivity and access; and (xiii) California consumers rights and notices. More
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MOOLAH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
MOOLAH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
MOOLAH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.