Replacement / Repair Policy
Warranty Policy
Delivery Policy
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of moxiware. The collective work
includes works that are licensed to moxiware. Copyright 2003, moxiware ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with moxiware
or purchasing moxiware products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with moxiware or to purchase moxiware
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by moxiware. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of moxiware used in the site are
trademarks or registered trademarks of moxiware
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, moxiware disclaims all
warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and non-infringement. moxiware
does not represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components. moxiware does not make any warrantees or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
moxiware shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if moxiware has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a moxiware product is mistakenly listed at an incorrect
price, moxiware reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. moxiware reserves the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, moxiware shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by moxiware without notice
at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
moxiware may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to moxiware.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of moxiware products) shall be in the state or
federal courts located in Los Angeles County, California. Any cause of action
or claim you may have with respect to the site (including but not limited to
the purchase of moxiware products) must be commenced within one (1) year after
the claim or cause of action arises. moxiware's failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. moxiware may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a moxiware or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
moxiware does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, moxiware is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, moxiware reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to moxiware in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless moxiware, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing the
site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, moxiware may link to
sites operated by third parties. However, even if the third party is affiliated
with moxiware, moxiware has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of moxiware.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, moxiware seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work).