Terms and Conditions
Last Updated: January 22, 2015
Allmoxy reserves the right, at any time and in its sole discretion, to update and change any or all of these Terms of Service. When Allmoxy changes these Terms of Service, Allmoxy will modify the "Last Updated" date above. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: Your continued use of the Services after any such changes have been made shall constitute your consent to be bound by such changes. If you object to any changes to these Terms of Service your sole and exclusive remedy shall be to terminate the Services according to the terms herein.
1. ACCEPTANCE OF TERM OF SERVICE
1.01. This Terms of Service (hereinafter referred to as “Agreement”) constitute a valid, legally binding, and enforceable agreement between you and Allmoxy, LLC, a Utah limited liability company (hereinafter referred to as “ALLMOXY”). This Agreement shall be deemed accepted by you upon: (a) your use of Allmoxy.com and/or any subsidiary and/or related Website(s), domain name(s) (including, without limitation, the domain name(s) issued by ALLMOXY to you as a User), and/or IP addresses (hereinafter collectively referred to as “Website”); or (b) your use of ALLMOXY’s Services, web applications, programs, products, Website, and/or Software (hereinafter collectively referred to as the “Services”); or (c) upon your clicking to accept or agree to this Agreement where this option is made available to you by ALLMOXY in the user interface for any Website or Service. ALLMOXY reserves the right, in its sole and absolute discretion, to refuse to allow you to use the Website and/or Services for any reason or for no reason.
2. YOUR REPRESENTATIONS AND WARRANTIES
2.01. You hereby represent and warrant to ALLMOXY that: (a) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; (b) you have the full power and authority to enter into and perform under this Agreement; (c) your use of the Website and/or the Services will not infringe the copyright, trademark, right of publicity, or any other legal right of any person or entity whatsoever; and (d) you will comply with all applicable laws, rules, and regulations in using the Website and/or the Services and in engaging in all other activities arising from, relating to, or connected with your User Account, this Agreement, the Website, and/or the Services.
3. SERVICE LEVEL COMMITMENT
3.01. The Website provides authorized Users with access to a variety of resources and Services. You understand and agree that the Services may include certain communications from ALLMOXY, such as service announcements, administrative messages, and the like, and that any and all such communications are considered part of your User Account, and that you are not permitted to, and will not be able to, opt out of receiving any such communications. Unless specifically stated otherwise, any new features that augment, enhance, or supplement the current Services shall be subject to this Agreement. You are solely responsible for obtaining access to the Services, which access may involve or necessitate third-party fees including, but not limited to, Internet service providers and/or airtime charges. You further understand and agree that you are solely responsible for any and all costs and fees associated with such access including, but not limited to, third-party fees and airtime charges, and you must provide and are solely responsible for all equipment necessary to access and/or use the Services.
3.02 ALLMOXY intends to provide the following security and protection:
(a) dual biometric authentication server entrance
(b) entrances monitored by staff via surveillance cameras
(c) redundant power connections and disks
(d) backups stored offsite every night to further prevent data loss
(e) site hosted on dedicated installations with no other domains running
(f) a firewall residing on the installation using active detection to block any unauthorized attempt to access the system
(h) each Allmoxy instance uses its own unique database, directories, and authentication credentials
(i) no other Allmoxy installation can gain access to your unpublished data
(j) SSL on all pages to secure data moving in and out
(k) unique username and password requirement
3.03 ALLMOXY intends to provide the following features :
(a) Online ordering and catalog customizable catalog, product categories, ability to add images, product attributes, export classes, item and group attributes, ability to sort items, drag and drop management, product level manipulation, product pricing, parts list creation and output, customizable exports, integrated formula builder, product validations, HTML editor for each product)
(b) Supplies and inventory management (Quick access toolbar, searchable supplies catalog, exportable supplies list, supplies tagging system, ability to add images, per product tracking, vendor price comparison, preferred vendor selection, supplies quick view, email ordering, supplies check in feature)
(c) Financial management (default credit limits, default build limits, finance charge interest, multiple payment acceptance, payroll information, customer product discounts system, overhead management)
(d) Site customization (Logo uploads, Preloaded themes, multiple time zones, quick links tab, editable terms and conditions for your clients, job costing settings, multiple forms of fractions and decimals, labor processes, data imports, tag manager, multiple shipping methods)
(e) Employee management (Time clock with visual graphing, time clock editing, payroll reporting, process time tracking)
(f) Bidding (Ability to allocate labor supplies and overhead, adjustment of overhead allocation per job, adjust job markup)
(g) Tasks (task management system, ability to receive texts and emails, sortable tasks management, past due tasks identification, tasks assigned management, announcement notifications, connect tasks to people, repeating tasks ability)
(h) Customer management (quick search engine, multi user type status, email generation for email campaigns, tags system, online payment methods, orders management, notes system, attachment to customer ability)
(i) Customer tools (order lookup, bill pay option, bid creator, search product catalog, links tab)
(j) Collections (custom triggers to automate reminding clients of their balances, delivery collection amount due report, aging report).
3.04 ALLMOXY intends to provide the following customer support:
(a) Access to our Customer support forum;
(b) In-app set up guides;
(c) Tutorials on how to use ALLMOXY Services;
3.05 All payments you collect through the use of the ALLMOXY service are completed through the use of a third party processor called Stripe. Any and all transactions related to the collection of payment shall be governed by the terms and agreement you enter into with Stripe at the time you establish an account with them. ALLMOXY is not a member of the Stripe agreement and shall not provide any services related to the processing of payments beyond the integration of with our system.
Allmoxy respects the privacy of its Users and those who visit its websites. To demonstrate Allmoxy’s commitment to fair information practices, Allmoxy has prepared this statement disclosing its general privacy practices. In addition, the federal government and technology industry have developed practical tips to help you secure your computer, protect your personal information, and guard against internet fraud.
Information Collection and Use: Allmoxy collects, or may collect, certain information from and about its Users (as defined in the Allmoxy.com Agreement), and those who visit Allmoxy Websites, in the following ways:
Web Server Logs: With regard to any Allmoxy Website, Allmoxy may track information to administer the site and analyze its usage. Examples of information that Allmoxy may track include, without limitation, the following:
Your Internet protocol address;
The type of browser or computer you use;
The number of links that you click within the site;
The state or country from which you accessed the site;
The date and time of your visit;
The name of your Internet service provider;
The Web page from which you linked to the site; and/or
The pages you viewed on the site.
Information Sharing and Disclosure
Links to Other Websites
Your information is stored on servers located in the United States. Allmoxy treats data as an asset that must be protected, and Allmoxy uses numerous tools to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your information that they collect. Therefore, although Allmoxy works very hard to protect your privacy, Allmoxy does not promise or guarantee, nor should you expect, that your information or private communications will always remain private.
Allmoxy does not operate any website or online service that is directed to children under the age of 13, nor does Allmoxy knowingly collect personal information from children.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
5.01. In order to become an authorized user of the Services (a “User”), you must accept this Agreement, create a user account (“User Account”) through ALLMOXY’s online registration process (the “Registration Process”). In creating a User Account through the online Registration Process, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Website (the “Registration Data”); and (b) maintain and promptly update the Registration Data such that it remains true, accurate, current, and complete. In the event that you provide any Registration Data or other information that is untrue, inaccurate, not current, or incomplete, or in the event that ALLMOXY has reasonable grounds to suspect that any such Registration Data or other information is untrue, inaccurate, not current, or incomplete, you have (1) one day to cure information that is untrue, inaccurate, not current, or incomplete, upon failure to cure ALLMOXY has the right, in its sole and absolute discretion, to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof).
5.02. Upon your acceptance of this Agreement and your completion of the online Registration Process, collectively, you will become an authorized User and you will be issued a User Account, along with a domain name, one or more user names (as the case may be), and one or more passwords (as the case may be) for purposes of accessing and using your User Account. Any and all domain names, user names, and passwords are issued by ALLMOXY based upon availability, and are and shall remain the property of ALLMOXY. Upon termination of your use of the Services, or upon termination of your User Account and/or your status as a User, you shall surrender any and all domain names, user names, and passwords which have been issued to you, and ALLMOXY shall have the right to re-issue any such domain names, user names, and/or passwords to any person or entity in ALLMOXY’s sole and absolute discretion. Only one domain name and one User Account shall be issued to each User, and you hereby covenant and agree: (a) that you will not allow any unauthorized person or entity to use the domain name or the User Account that has been issued to you; and (b) that you will not allow any unauthorized person or entity to access the Website or use the Services through your domain name, user name(s), password(s), User Account, or any other means at any time or for any purpose whatsoever. ALLMOXY shall maintain ownership and control of all user names, domain names, and passwords that may be issued to you by ALLMOXY, and ALLMOXY expressly reserves, in its sole and absolute discretion, the right to in good faith change or remove any and all such user names, domain names, and passwords at any time.
5.03. You are solely responsible for maintaining the confidentiality of your domain name, user name(s), password(s), Registration Data, and all other information which is transmitted between you and ALLMOXY or between you and the Website, or which is in any way related to your use of your User Account, the Website, and/or the Services (“User Information”), and you are fully responsible for any and all activities that occur under or in association with the same. You agree to immediately notify ALLMOXY of any unauthorized use of your domain name, user name(s), password(s), User Account, Registration Data, or User Information, or unauthorized use of the Website or the Services, or any other breach of security or potential breach of security, and you agree to ensure that you log out from your User Account at the end of each session or period of use. ALLMOXY cannot and shall not under any circumstances be liable for any loss or damage of any kind arising from your failure to comply with any of the foregoing, and you agree to indemnify and hold ALLMOXY harmless from the same.
5.04. You acknowledge, consent, and agree that ALLMOXY may access, preserve, and disclose your User Information, Registration Data, domain name, user name(s), and/or password(s), or any of the foregoing, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with any law or legal process; (b) enforce this Agreement; (c) respond to claims that any content or other information (including User Information) violates the rights of third parties; (d) respond to your requests for customer service or other assistance; or (e) protect the rights, property, or safety of ALLMOXY, its Users, and/or the public.
5.05. You understand and agree that the Website and/or the Services, as well as any software embodied within or used in connection with the Website and/or the Services (“Software”), may include security components that permit digital materials to be protected, and that use of any such materials is or may be subject to usage rules established by ALLMOXY. You agree that you shall not override or circumvent, or attempt to override or circumvent, any of the usage rules or security components embedded into the Website, the Services, and/or the Software. Any unauthorized reproduction, publication, distribution, or public exhibition of the Software or the materials or information provided on the Website or through the Services, in whole or in part, is strictly prohibited.
6. MEMBER CONDUCT
6.01. ALLMOXY, through the Website, the Services, and User Accounts, allows Users to upload, download, and/or transmit certain data and information (including User Information). You understand and agree that any and all information transmitted between any person or entity and ALLMOXY, the Website, and/or the Services is the sole responsibility of the person or entity from whom such information originated. This means that you, and not ALLMOXY, are entirely responsible for all information that you submit, upload, e-mail, transmit, post, store, or otherwise make available through your User Account, the Website, and/or the Services. You agree not to submit, upload, post, e-mail, transmit, download, store, or otherwise make available any information that: (a) infringes the rights of another person or entity including, but not limited to, copyrights, trademarks, patents, trade secrets, rights of privacy, and rights of publicity; (b) is libelous, defamatory, or slanderous; (c) condones, promotes, contains, or links to warez, cracks, hacks, or similar utilities or programs; (d) is pornographic or sexually explicit; (e) does or may denigrate or offend any ethnic, racial, gender, religious, or other protected group through use of language, images, stereotypical depiction, or otherwise; (f) is designed to or does harass, threaten, defame, or abuse others; (g) exploits minors in a sexual or violent manner; (h) promotes, condones, or encourages illegal activity; or (i) is generally offensive or in bad taste.
6.02. You understand and agree that any and all information which you submit, upload, post, e-mail, transmit, store, or otherwise make available through your User Account, the Website, or the Services is your sole responsibility, and that such information does not reflect the views or opinions of ALLMOXY, its affiliates, subsidiaries, partners, licensors, officers, directors, employees, agents, or other representatives. ALLMOXY shall not be liable to you or to any other person or entity in any way for any such information or for any loss or damage of any kind incurred as a result of the use of any such information which is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through your User Account, the Website, or the Services.
6.03. ALLMOXY generally does not pre-screen, pre-edit, or otherwise control all information that is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through User Accounts, the Website, or the Services; however, ALLMOXY reserves the right, but has no obligation, to engage in any such activities and to monitor interactions between you and other Users, or take any other action(s) in good faith to restrict access to or the availability of any information or material that ALLMOXY or another User may consider to be a violation of this Agreement, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
6.04. In addition to the foregoing, you agree to not use your User Account, the Website, or the Services to:
(a) Upload, post, e-mail, transmit, or otherwise make available any content or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity including, but not limited to, an ALLMOXY officer, employee, or other representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or information transmitted through your User Account, the Website, or the Services;
(e) Upload, post, e-mail, transmit, or otherwise make available any content or information that you do not have a right to upload, post, e-mail, transmit, or otherwise make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(g) Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Upload, post, e-mail, transmit, or otherwise make available any content or information that infringes any patent, trademark, trade secret, copyright, or other proprietary right(s) of any person or entity;
(i) Interfere with or disrupt the Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(j) Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, or regulations; and/or
(k) Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in Paragraphs (a) through (j) above.
6.05. In addition to any remedies that ALLMOXY may have at law or in equity, if ALLMOXY determines, in ALLMOXY’s sole and absolute discretion, that you have violated or are likely to violate any of the foregoing prohibitions, then ALLMOXY may take any action in good faith which ALLMOXY deems necessary to cure or prevent the violation including, but not limited to, the immediate removal of the related content, information, or materials from your User Account, the Website, and/or the Services, and/or the immediate suspension or termination of your User Account. ALLMOXY will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing ALLMOXY to disclose the identity of any person or entity posting such content, information, or materials.
7. PROPRIETARY INFORMATION
7.01. You acknowledge and agree that the Website, the Services, and any Software contains, or may contain, proprietary and confidential information that is protected by applicable intellectual property and other laws, and may not be used except as permitted in this Agreement or with prior written permission of the owner of such information. You further acknowledge and agree that information presented to you through your User Account, the Website, or the Services is protected by copyrights, trademarks, trade names, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by ALLMOXY, you agree not to modify, reproduce, rent, lease, loan, sell, license, display, perform, distribute, create derivative works based on, or otherwise use or exploit any such information, the Website, or the Services, in whole or in part.
7.02. Certain trademarks, trade names, service marks, and logos used or displayed on the Website or through the Services are registered and unregistered trademarks, trade names, and service marks of ALLMOXY, its affiliates, customers, and partners. Other trademarks, trade names, and service marks used or displayed on the Website or through the Services are the registered and unregistered trademarks, trade names, and service marks of their respective owners, including ALLMOXY and its affiliates. Nothing contained on the Website, and nothing related to the Services or the issuance to you of a User Account, grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website or through the Services without the prior written permission of ALLMOXY or such other owner.
7.03. ALLMOXY grants you, as a User in good standing, a limited, personal, non-transferable, and non-exclusive right and license to use the Services in accordance with this Agreement; provided, however, that you do not (and do not allow any other person or entity to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or other portion of the Services, or sell, lease, assign, sublicense, grant a security interest in, or otherwise transfer or encumber any right in the Services. You covenant and agree not to modify the Services (or any portion thereof) in any manner or form, nor to use modified versions of the Services (or any portion thereof) including, without limitation, for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by ALLMOXY for use in accessing the Services.
7.04 You acknowledge and consent that ALLMOXY may use your name and logo solely for the purpose of providing Services hereunder and promoting purchase of your products through ALLMOXY, which may include use of your logo in our customers section at , placing your logo in our wood marketplace which is designed to increase traffic and sales for our customers, adding links, and other online advertising. You waive all claims related to copyright infringement and trademark infringement associated with ALLMOXY use of your mark. At any time, upon your written request, ALLMOXY will in good faith discontinue use of your logo or name in any manner that may reasonably cause harm to your name or logo.
8. USER CONTENT SUBMITTED
8.01. Except as otherwise provided herein, ALLMOXY does not claim ownership of content that you submit or use in connection with your User Account; however, with respect to any such content that you submit or make available for inclusion on publicly accessible areas of the Website, if any, you grant ALLMOXY the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the Website or through the Services solely for the purposes of providing and promoting the Website and/or the Services. This license exists only for as long as you elect to continue to include such content on publicly accessible areas of the Website, and will terminate at the time you remove or ALLMOXY removes such content from the publicly accessible areas of the Website.
8.02. For purposes of this Section, the term “publicly accessible areas of the Website” means those areas of the Website that are intended by ALLMOXY to be available to the general public, if any. Publicly accessible areas of the Website would not include portions of the Website that are limited to Users only.
9.01. ALLMOXY (including its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors) shall not be liable to you, your affiliates, directors, officers, agents, employees, partners, or other representatives, or to other Users, or to any other person or entity for any claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of your User Account or your use of the Website or the Services. You agree to indemnify and hold ALLMOXY and its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors harmless from any and all claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of content (including User Information) you submit, upload, post, transmit, or otherwise make available through the Website or the Services, your User Account, your connection to or use of the Website or the Services, your violation of this Agreement, your violation of any rights of another, or your violation of any law, rule, or regulation.
10. MODIFICATIONS TO THE SERVICES
10.01. You understand that from time to time the service, software, or website may be added to, modified, or deleted from by ALLMOXY and/or that portions of the service, software, or website may migrate to other formats. ALLMOXY shall post said changes on ALLMOXY.com as they are made.
11. TERMINATION OF USER ACCOUNT BY ALLMOXY
11.01. In addition to other grounds for termination as set forth in this Agreement, you understand and agree that ALLMOXY may, in its sole and absolute discretion, terminate your User Account (including any associated user names, domain names, and passwords) and discard any content, User Information, and Registration Data for any reason or for no reason upon 15 days advance notice to you through the email associated with your user account. After any termination ALLMOXY will offer to provide a backup of your content and information contained in ALLMOXY's system/servers before discarding any content. The offer to backup your content will include a good faith quote of the cost (including cost of hardware and time) which you will be responsible for paying before ALLMOXY will provide you with the backup. In addition to the foregoing, ALLMOXY may immediately terminate your User Account without any advance notice to you for any or all of the following reasons: (a) breaches or violations of this Agreement or other incorporated agreements and/or guidelines; (b) requests by law enforcement or other government agencies; (c) good faith discontinuance or material modification to the Website and/or the Services (or any portion thereof); (d) unexpected technical or security issues caused by your negligence or recklessness; (e) extended periods of inactivity of at least 6 months; (f) engagement by you in fraudulent or illegal activities; and/or (g) creation of multiple user accounts for the same purpose. You understand and agree that all terminations (other than a cancellation of your User Account in accordance with Paragraph 12.01 below) shall be made in ALLMOXY’s sole and absolute discretion and that ALLMOXY shall not be liable to you or any other person or entity for any termination of your User Account.
12. CANCELLATION OF USER ACCOUNT BY YOU
12.01. You may cancel your User Account by delivering an emailed written notice of cancellation to ALLMOXY not less than 5 days in advance of the desired date of cancellation. The effective date of cancellation shall be 5 days from the date on which ALLMOXY receives your email written notice of cancellation.
13. LIMITED WARRANTY
13.01. ALLMOXY WARRANTS THAT ITS SOFTWARE APPLICATIONS SHALL BE REASONABLY FREE FROM BUGS UNDER NORMAL USE. ALLMOXY SHALL, AT ITS OWN EXPENSE, REPAIR ITS SOFTWARE APPLICATIONS, WHICH HAVE BEEN DEMONSTRATED DEFECTIVE TO THE SATISFACTION OF ALLMOXY. ALLMOXY DOES NOT GUARANTEE SERVICE RESULTS HOWEVER ALLMOXY WILL IN GOOD FAITH ATTEMPT TO REPAIR AND CORRECT ALL ERRORS. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR THE DEFECTS DESCRIBED IN THIS PARAGRAPH SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT.
13.02. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(a) YOUR USE OF YOUR USER ACCOUNT, THE Website, AND THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ALLMOXY AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, HAVE NOT MADE OUT, DO NOT MAKE, AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, AND/OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, BESIDES THOSE WARRANTIES MADE IN SECTION 13.01.
(b) YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DISCLOSURE BY ALLMOXY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) DOES NOT IMPLY THAT ALL INFORMATION HAS BEEN DISCLOSED REGARDING THE Website OR THE SERVICES, NOR DOES ANY DISCLOSURE CREATE AN OBLIGATION UPON ALLMOXY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) TO DISCLOSE ALL INFORMATION CONCERNING THE Website OR THE SERVICES. ALLMOXY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) MAKES NO REPRESENTATION OR WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY THAT USE OF YOUR USER ACCOUNT, THE Website, OR THE SERVICES WILL RESULT IN A SUCCESSFUL BUSINESS OR OTHER ENDEAVOR.
(c) ANY MATERIAL, INFORMATION, OR PRODUCTS (WHETHER TANGIBLE OR INTANGIBLE) PURCHASED, ACQUIRED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USER ACCOUNT OR YOUR USE OF THE Website OR THE SERVICES IS PURCHASED, ACQUIRED, DOWNLOADED, AND OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE PURCHASE, ACQUISITION, DOWNLOAD, OR OBTAINMENT OF ANY SUCH MATERIAL, INFORMATION, OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGE TO YOUR TELECOMMUNICATIONS EQUIPMENT, OR LOSS OF DATA. ALLMOXY DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, ADVERTISED, OR OBTAINED THROUGH THE Website OR THE SERVICES, OR THROUGH LINKS PROVIDED THROUGH THE Website OR THE SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLMOXY OR THROUGH OR FROM YOUR USER ACCOUNT, THE Website, OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(e) SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
14.01. NEITHER ALLMOXY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS, ASSUMES ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY OR DO INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE Website OR THE SERVICES, OR YOUR DOWNLOADING OR TRANSMITTING ANY INFORMATION OR MATERIALS TO OR FROM THE Website OR THE SERVICES.
14.02. IN NO EVENT WILL ALLMOXY OR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE Website OR THE SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR BUSINESS INTERRUPTION, EVEN IF ALLMOXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (a) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF YOUR USER ACCOUNT, THE Website, ANY WebsiteS LINKED TO THE Website, THE SERVICES, OR THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES CONTAINED IN OR ON OR OBTAINED FROM OR THROUGH ANY OR ALL OF THE SAME; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES, DATA, INFORMATION, OR OTHER MATERIAL RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM YOUR USER ACCOUNT, THE Website, OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, INFORMATION (INCLUDING USER INFORMATION), OR DATA (INCLUDING REGISTRATION DATA); (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (e) ANY OTHER MATTER RELATING TO YOUR USER ACCOUNT, THE Website, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY OR PRINCIPLE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH YOUR USER ACCOUNT OR THE Website OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING YOUR USER ACCOUNT, THE Website, AND THE SERVICES.
14.03. YOU UNDERSTAND AND AGREE THAT THE SERVICES MAY PROVIDE YOU WITH A VENUE TO PURCHASE OR SELL CERTAIN PRODUCTS OR SERVICES, AND THAT ALLMOXY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN ANY USERS OR BUYERS OR SELLERS. ALLMOXY HAS NO CONTROL OVER, AND DOES NOT WARRANTY OR GUARANTEE, THE QUALITY, SAFETY, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITEMS ADVERTISED, SOLD, PURCHASED, OR OTHERWISE ACQUIRED, THE TRUTH OR ACCURACY OF ANY INFORMATION, THE ABILITY OF SELLERS TO SELL OR DELIVER ITEMS, THE ABILITY OF BUYERS TO BUY OR PAY FOR ITEMS, OR THAT ANY USER, BUYER, OR SELLER WILL ACTUALLY COMPLETE ANY TRANSACTION. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY OTHER USER(S) OF THE Website OR THE SERVICES, YOU HEREBY FOREVER RELEASE ALLMOXY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, ACTUAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, AS AMENDED, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14.04. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
15. INTERSTATE COMMUNICATIONS
15.01. You acknowledge that by using the Services, you will be causing communications to be sent through various computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Accordingly, you acknowledge that use of the Services results in interstate data transmissions and may result in the transborder transfer of content and personal information including, but not limited to, User Information and Registration Data. You hereby consent to the collection, processing, and transborder transfer of such content and personal information as you may provide or make available through your User Account, the Website, and/or the Service.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
16.01. You acknowledge that ALLMOXY may establish general practices and limitations concerning use of your User Account, the Website, and/or the Services, including, but not limited to, the maximum number of dates that information or content will be retained, the maximum space that will be allotted to any server on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that ALLMOXY reserves the right to modify this general practice and limits at any time and from time to time. You further agree that ALLMOXY has no responsibility or liability for backing up any information which is in any way related to your User Account, or the deletion or failure to store any messages, communications, content, or other information maintained or transmitted by the Services. It is your sole responsibility to seek appropriate backup solutions.
17. ACCOUNT TRANSFER
17.01. Requests for transferring your User Account from you to another person or entity must be completed by the delivery to ALLMOXY of a written request which includes Registration Data from the proposed transferee, documentation of the proposed transfer (e.g., a purchase agreement, etc…), acceptance of this Agreement by the proposed transferee, and any other documentation or information deemed necessary or appropriate by ALLMOXY. Any such transfer shall not be valid unless and until ALLMOXY approves of such transfer in writing, and ALLMOXY shall be under no obligation to approve any such transfer, and ALLMOXY may deny any such transfer in its sole and absolute discretion.
18. CALL MONITORING AND RECORDING
18.01. As part of ALLMOXY’s commitment to providing the best possible service, ALLMOXY may monitor and record telephone calls answered by ALLMOXY and/or made by ALLMOXY. ALLMOXY may also archive recorded voicemail messages. ALLMOXY records telephone calls for training purposes, to improve customer service, and to ensure an accurate record of incoming and outgoing telephone calls, which may be needed to support transactions that take place over the telephone, if any. By accepting this Agreement, you understand and consent to the recording of any such telephone calls and/or voice messages in which you are a participant or a party.
19. REVISIONS TO THIS AGREEMENT
19.01. This Agreement may be revised at any time and from time to time by ALLMOXY updating this posting. You should regularly, and from time to time, review the then current Agreement because they are binding upon you. You should also print or save a local copy of this Agreement for your records. No modification of this Agreement shall be affected by the acknowledgement or acceptance of any form(s) or document(s) containing Agreement at variance with or in addition to those set forth herein.
20. FORCE MAJEURE
20.01. ALLMOXY shall not be in default or breach of this Agreement, or of any other agreement, for any delay or failure to perform due to causes beyond ALLMOXY’s control including, but not limited to, acts of God, fire, earthquake, flood, explosion, strike, labor disturbance, civil commotion, acts of government, government agencies, and/or government officials, or any shortage or failure or delays in the delivery of materials, supplies, labor, equipment, information, data, goods, products, and/or other items.
21.01. A waiver by ALLMOXY of any provision of this Agreement, whether in writing or by course of conduct or otherwise, shall be valid only in the instance for which it is given, and shall not be deemed a continuing waiver of said provision, nor shall it be construed as a waiver of any other provision hereof.
22. TITLES AND HEADINGS
22.01. Titles and headings of paragraphs or sections of this Agreement are for convenience of reference only, and shall in no way define, limit, or otherwise affect the construction of any provision hereof.
23. GOVERNING LAW
23.01. This Agreement, and all matters related thereto including, but not limited to, any matter or dispute arising out of this Agreement, your User Account, your use of the Website, and/or your use of the Services, shall be interpreted, governed, and enforced according to the laws of the State of Utah, and you hereby consent to the jurisdiction and venue of the First Judicial District Court, Box Elder County, State of Utah, and you hereby waive any objection based on forum non conveniens or otherwise.
24. ATTORNEY(S) FEES
24.01. In the event that you or ALLMOXY brings suit to enforce or interpret this Agreement, or brings suit for damages on account of the breach hereof, or in the event that you or ALLMOXY brings suit with regard to any matter concerning or related to your User Account, the Website, or the Services, the prevailing party shall be entitled to recover from the other party or parties the prevailing party’s reasonable attorney(s) fees and costs incurred in any such action in addition to any other relief to which the prevailing party is or may be entitled.
25.01. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law; however, if any provision of this Agreement is invalid or prohibited under said applicable law, then such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions hereof.
26. INDEPENDENT RELATIONSHIP
26.01. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this Agreement, or by your User Account or your use of the Website or the Services. You have no right to execute any contract or incur any obligation for which ALLMOXY is or may be liable, or to otherwise bind ALLMOXY, and ALLMOXY shall not be liable for any representation, act, or omission made by you.
27.01. All pronouns, and any variations thereof, shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context may require.
28. NO PROPRIETARY INTEREST
28.01. Your status as a User, the issuance to you of a User Account (including any domain name, user name, and password), your use of the Website, and/or your use of the Services does not and shall not confer upon you a proprietary interest of any kind in the Services or in ALLMOXY, its subsidiaries, affiliates, successors, or assigns.
29. STATUTE OF LIMITATIONS
29.01. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, your User Account, or your use of the Website or the Services, must be filed within one year after such claim or cause of action arose or be forever barred.
30. “YOU” AND “YOUR”
30.01. For purposes of this Agreement, the terms “you” and “your” shall mean an individual person or an entity, as the context may require.
31.01. Notices to You. You understand that ALLMOXY is providing web-related services, and that ALLMOXY often communicates with its Users by electronic means. Accordingly, your acceptance of this Agreement means that you consent to receive electronically from ALLMOXY any notices, agreements, disclosures, or other communications. You agree that ALLMOXY may send electronic notices and communications to you by sending such notices and communications to the e-mail address provided by you to ALLMOXY, and you agree to check such e-mail address regularly for such notices and communications. Any such notices and communications are effective when sent by ALLMOXY, regardless of whether such notices and communications are received or read by you.
31.02. Notices to ALLMOXY. Unless otherwise specifically provided herein, all notices to ALLMOXY required or permitted by this Agreement shall be in writing and in the English language and may be delivered by personal service, facsimile, electronic mail, or certified mail, return receipt requested, to the address set forth below. If you choose to send any notice by electronic mail or facsimile, a copy of such notice must also be sent to the address set forth below by certified mail, return receipt requested, in order to be valid. All notices sent to ALLMOXY by personal service or certified mail shall be deemed effective upon ALLMOXY’s receipt of the same. All notices sent to ALLMOXY by electronic mail or facsimile shall be effective upon ALLMOXY’s receipt of the same by certified mail, return receipt requested, as set forth above.
2411 Kiesel Avenue
Ogden, Utah 84401
32. ADDITIONAL INFORMATION
32.01. If you do not understand any of the foregoing Agreement, or if you have any questions or comments, please contact ALLMOXY for additional information.