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End User License Agreement |
Mofactor
Terms of Service for Your Personal Use Welcome! By using Mofactor's
services ("Mofactor Services"), you agree to be bound by the following terms
and conditions (the "Terms of Service").
Content Linked to by
Mofactor The sites linked to by Mofactor Services are developed by
people over whom Mofactor exercises no control. Content from Mofactor Services
may produce links to sites that some people find objectionable, inappropriate,
or offensive. We cannot guarantee that a Mofactor link will not result in
unintended or objectionable content and assume no responsibility for the
content of any site linked to by the Mofactor Services.
Personal Use
Only The Mofactor Services are made available for your personal,
non-commercial use only. You may not use the Mofactor Services to sell a
product or service, or to increase traffic to your Web site for commercial
reasons, such as advertising sales. If you want to make commercial use of the
Mofactor Services, you must enter into an agreement with Mofactor to do so in
advance. Please contact us for more information.
Privacy Policy
(Click here to review our privacy
policy)
Changes In Terms and Conditions and Service We may
modify or terminate our services from time to time, for any reason, and without
notice, including the right to terminate with or without notice, without
liability to you, any other user or any third party. We reserve the right to
modify these Terms of Service from time to time without notice. Please review
these Terms of Service from time to time so that you will be apprised of any
changes.
Disclaimer of Warranties Mofactor disclaims any and
all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or
material displayed in the Mofactor Services content. Mofactor disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. Mofactor disclaims any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet or on your phone through the Mofactor
Services.
THE Mofactor SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE Mofactor SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. Mofactor AND ITS LICENSORS EXPRESSLY DISCLAIM TO
THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Mofactor AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Mofactor SERVICES. Mofactor AND
ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE Mofactor SERVICES. Mofactor AND ITS LICENSORS DISCLAIM ANY
WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Mofactor
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Mofactor SERVICES, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN
THE Mofactor SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Mofactor SERVICES AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR PHONE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
Limitation of Liability UNDER NO
CIRCUMSTANCES SHALL Mofactor OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Mofactor SERVICES. ARISING
FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF Mofactor OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Mofactor SERVICES,
FROM INABILITY TO USE THE Mofactor SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE Mofactor SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE Mofactor SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE Mofactor SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE Mofactor SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE Mofactor SERVICES. THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Mofactor SERVICES OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE Mofactor SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without
limiting the foregoing, under no circumstances shall Mofactor or its licensors
be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Miscellaneous
Provisions These Terms of Service will be governed by and construed in
accordance with the laws of the State of California, without giving effect to
its conflict of laws provisions or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Service to be unenforceable, the remainder of the Terms
of Service will continue in full force and effect.
These Terms of
Service constitute the entire agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by Mofactor. |
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