You may access, display, download and print text, images, information and other materials (collectively, “materials”) on the Site solely for personal, noncommercial use, provided you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. Moxie Software and its licensors and content providers retain full and complete ownership and title to all materials provided on the Site, including all associated copyright and other intellectual property rights. Except as stated above, none of the materials provided on the Site may be copied, licensed, reproduced, distributed, republished, downloaded, displayed, posted or transmitted or distributed in whole or in party in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Moxie Software or the copyright owner.
User Provided Information
You are responsible for any information and material you submit via the Site. You agree not to engage in conduct on, or in connection with, the Site that is illegal, misleading, infringing, defamatory, obscene, offensive or otherwise objectionable. You may not upload to, distribute or otherwise publish through, the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, mass mailings or any form of "spam."
Registration and Passwords
Moxie Software may at times require you to have a password and provide registration details to access portions of the Site. If Moxie Software does require a password and registration details, it shall be a condition of your use of the Site that all the details you provide are correct, current and complete. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
You are responsible for maintaining the confidentiality of any password and registration details you provide to access the Site, and you are fully responsible for all activities that occur under your password and/or registration details. You agree to notify Moxie Software immediately of any unauthorized use of your password and/or registration details.
The Site may contain links to other web sites. Some of these websites are operated by Moxie Software or its affiliates and others are operated by third parties over which Moxie Software has no control. These links are provided as a convenience to you. Moxie Software has not necessarily reviewed all the materials and information on the other sites and is not responsible for their content or any products or services that may be offered through the sites. Moxie Software’s inclusion of links to other sites should not be viewed as Moxie Software’s endorsement of the content of the linked sites. Different terms and conditions may apply to your use of any linked sites. Moxie Software is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Termination of Use
MOXIE SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION OR OTHER MATERIALS ON THE SITE FOR ANY PURPOSE AND ALL INFORMATION OR OTHER MATERIALS PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MOXIE SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT OF THE SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, MOXIE SOFTWARE MAKES NO WARRANTY THAT: (1) THE SITE AND THE MATERIALS PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE AND THE MATERIALS PROVIDED ON THE SITE ARE ACCURATE, COMPLETE OR RELIABLE; (3) THE SITE WILL NOT EXPERIENCE UNINTERRUPTED SERVICE; OR (4) THE SITE IS SECURE FROM THIRD PARTIES.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MOXIE SOFTWARE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. MOXIE SOFTWARE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL MOXIE SOFTWARE BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, IN CONNECTION WITH USE OF THE INTERNET, THE SITE, ITS CONTENT AND MATERIALS, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOXIE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOXIE SOFTWARE WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THE SITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MOXIE SOFTWARE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF MOXIE SOFTWARE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SITE RECEIVED BY MOXIE SOFTWARE FROM YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, SOME OF THE LIMITATIONS OR EXCLUSIONS CONTAINED ABOVE MAY NOT APPLY TO YOU.
Separate Terms and Conditions
Jurisdiction and Applicable Law
The Site is controlled and operated by Moxie Software from its offices within the United States. Moxie Software acknowledges that it is possible for you to obtain access to the Site from any jurisdiction in the world. Moxie Software makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and the materials from territories where their contents are illegal is prohibited. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you should not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Moxie Software, the Moxie logo, Spaces, Customer Spaces, Employee Spaces, Knowledge Spaces, Spaces Platform, Spaces Connect, all titles, characters, names, graphics and icons are trademarks, service marks and/or trade dress of Moxie Software, Inc. and its affiliated companies. All other trademarks, product names and company names or logos herein are the property of their respective owners.
Copyright © 2001-2012, Moxie Software, Inc. All rights reserved.