TERMS OF SERVICE
2. Changes to Terms of Service. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. Required Age. This Site is offered and available to users who are 21 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
4. Geographic Restrictions. The owner of the Site is based in the state of Washington in the United States, and the products listed on the Site are available for sale and use only in the state of Washington, and then only in accordance with applicable laws of the state of Washington. We provide this Site for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain states or countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
5. Accessing the Site and Account Security.
(a) Company reserves the right to withdraw or amend this Site, and any service or material provided on the Site, in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
(b) The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Intellectual Property Rights. The Site and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), design, trademarks, service marks, and logos (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions regarding copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company reserves all rights not expressly granted in and to the Site and the Marks.
(a) During the term of these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
(i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(ii) You may store files that are automatically cached by your web browser for display enhancement purposes;
(iii) You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution;
(iv) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
(v) If we provide social media features with certain content, you may take such actions as are enabled by such features.
(c) You must not:
(i) Modify copies of any materials from this site;
(ii) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
(iii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site;
(iv) Cause the Site or portions of it to be displayed, or appear to be displayed elsewhere by, for example, framing, deep linking or in-line linking, on any other site; or
(v) Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
(d) If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
7. User Conduct. You may not engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
(b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site;
(c) transmitting spam, chain letters, or other unsolicited email;
(d) using the Site to harass others, including by use of obscene or abusive language;
(e) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site;
(f) taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure;
(g) uploading invalid data, viruses, worms, or other software agents through the Site;
(h) collecting or harvesting any personally identifiable information, including account names, from the Site;
(i) using the Site for any commercial solicitation purposes;
(j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(k) interfering with the proper working of the Site;
(l) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or
(m) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the content.
8. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, or that it will be kept up-to-date. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
(a) The information on this Site is provided as a resource only, and is not to be used or relied on for any diagnostic or treatment purposes. The information, including but not limited to, text, graphics, images and other material contained on this Site are for informational purposes only. The information provided in this Site, or through linkages to other Sites, is not a substitute for medical or professional care, and you should not use the information in place of the advice of your physician or other healthcare provider. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Reliance on any information appearing on this Site is solely at your own risk.
(b) The information available on this Site is for general informational purposes only and not for the purpose of providing legal advice, information on this Site is not legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. This Site should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction.
9. Third Party Content. Through the Site, you may have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third-party content. The Site may contain links to third-party websites or resources, including links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that Mo Beta Green is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mo Beta Green of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
(b) identification of the copyrighted work claimed to have been infringed,
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
(d) your contact information, including your address, telephone number, and an email address,
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Disclaimer of Warranties.
(a) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(b) YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) TO THE FULLEST EXTENT ALLOWABLE UNDER LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability.
(a) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Indemnification. You agree to and shall indemnify, defend and hold harmless the Company and its collaborators, contractors, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with your use of the Site; your breach of these Terms of Service; violation of law; your submission, posting, or transmission of user content to the Site; or violation of the rights of a third party.
16. Arbitration and Class Action Waiver.
(a) Arbitration. The parties shall cooperate to attempt to informally resolve any dispute arising out of these Terms of Service before submitting the dispute to arbitration. If the parties cannot resolve the dispute informally, the parties shall resolve any dispute arising out of these Terms of Service, except for disputes involving claims for injunctive or other equitable relief, by binding arbitration held before the arbitrator agreed upon and selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the arbitrators designated by the parties. Each arbitrator will be an attorney knowledgeable in the area of business law. The resolution of any dispute as determined by the arbitrator will be binding on the parties, and judgment on the award of the arbitrator may be entered by any party in any court having jurisdiction. Each party may each seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any dispute. Any arbitration shall be conducted in Olympia, Washington in accordance the then-current rules of the Arbitration Service of Portland. The parties agree that the arbitrator shall have no jurisdiction to consider evidence with respect to or render and award or judgment for punitive damages or any other amount awarded for the purpose of penalty. The arbitration award will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. In any action, suit or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable.
(b) Class Actions. You and the Company shall bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and the Company also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Feedback. We welcome any comment, question, and communication at: firstname.lastname@example.org
17. Termination. You are free to stop using the Site at any time. Company reserves the right to suspend or end your use of the Site at any time at our discretion and without notice. For example, Company may suspend or terminate your use of the Site if you are not complying with these Terms of Service or use the Site in a manner that would cause us legal liability, disrupt the Site or disrupt others’ use of the Site.
18. General Provisions.
(a) Governing Law. These Terms of Service will be governed, construed, and enforced in accordance with the laws of the state of Washington, without regard to its conflict of laws rules. If you use the Site from other locations, you are solely responsible for compliance with any and all applicable local laws. The Company makes no representations that the materials contained within this site are appropriate for locations outside Washington.
(b) Waiver. Neither party’s failure or neglect to enforce any rights under these Terms of Service will be deemed to be a waiver of that party’s rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. A party’s failure or neglect to enforce any of its rights under these Terms of Service will not be deemed to be a waiver of that or any other of its rights. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
(c) Severability. If any part of these Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.