Terms And Conditions
Please read these terms and conditions carefully before using Our Service.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Braq LLC, a California registered limited liability company.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Mozaiq, accessible from https://mozaiq.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of
this Service and the agreement that operates between You
and the Company. These Terms and Conditions set out the
rights and obligations of all users regarding the use of
the Service.
Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service You agree to be bound by
these Terms and Conditions. If You disagree with any part
of these Terms and Conditions then You may not access the
Service.
You represent that you are over the age of 18. The Company
does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned
on Your acceptance of and compliance with the Privacy Policy
of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your
personal information when You use the Application or the
Website and tells You about Your privacy rights and how the
law protects You. Please read Our Privacy Policy carefully
before using Our Service.
Intellectual Property Rights
We are the owner or the licensee of all intellectual
property rights in our Services, including all source
code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content", as well as
the trademarks, service marks, and logos contained
therein (the "Marks").
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and
unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services
"AS IS" for your personal, non-commercial use or internal
business purpose only.
Links to Other Websites
Our Service may contain links to third-party web sites
or services that are not owned or controlled by the
Company.
The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third
party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of
or reliance on any such content, goods or services available
on or through any such web sites or services.
We strongly advise You to read the terms and conditions and
privacy policies of any third-party web sites or services
that You visit.
Termination
We may terminate or suspend Your access immediately,
without prior notice or liability, for any reason
whatsoever, including without limitation if You breach
these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the
entire liability of the Company and any of its suppliers
under any provision of this Terms and Your exclusive
remedy for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the
Service.
To the maximum extent permitted by applicable law, in no
event shall the Company or its suppliers be liable for any
special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with
the Service, or otherwise in connection with any provision
of this Terms), even if the Company or any supplier has been
advised of the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties
or limitation of liability for incidental or consequential
damages, which means that some of the above limitations may
not apply. In these states, each party's liability will be
limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS
AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and
on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all
implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no
warranty or undertaking, and makes no representation of
any kind that the Service will meet Your requirements,
achieve any intended results, be compatible or work with
any other software, applications, systems or services,
operate without interruption, meet any performance or
reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any
of the company's provider makes any representation or warranty
of any kind, express or implied: (i) as to the operation
or availability of the Service, or the information, content,
and materials or products included thereon; (ii) that the
Service will be uninterrupted or error-free; (iii) as to
the accuracy, reliability, or currency of any information
or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or
on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain
types of warranties or limitations on applicable statutory
rights of a consumer, so some or all of the above exclusions
and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under
applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Las Vegas, Nevada. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Nevada, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable
or invalid, such provision will be changed and interpreted
to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions
will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right
or to require performance of an obligation under these Terms
shall not affect a party's ability to exercise such right
or require such performance at any time thereafter nor shall
the waiver of a breach constitute a waiver of any subsequent
breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify
or replace these Terms at any time. If a revision is
material We will make reasonable efforts to provide at
least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be
determined at Our sole discretion.
By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms.
If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and
Conditions,
You can contact us:
- By email: [email protected]
- By visiting this page on our website: https://www.mozaiq.com/contact
