Consumer Terms of Service/Buyer Agreement for mogulyze.com
Welcome to www.mogulyze.com! You are now reading our MOGULYZE Terms of Service (“Terms”), an agreement between you and MOGULYZE (“MOGULYZE,” “we” or “us”) which governs your access to our platform and services which we offer via www.mogulyze.com and our other websites (collectively, the “Site”).
To make these Terms easier to read, our online platform and service, and the Site are collectively called the “Services.” You must read the Terms carefully before you use the Services. If you have any questions feel free to send us a note at email@example.com. We will happily answer any questions you have.
You’ll notice that some words appear in quotes in the Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the Terms are consistent. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
Agreement to our Terms
By accessing or using our Services you agree to be bound by these Terms, whether or not you have registered with the Services, you are an End User (defined below) or a Supplier (defined below). These Terms govern the terms on which all Experiences are made available on the Site.
If you don’t agree, then you shouldn’t, and in fact aren’t permitted to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Certain areas of the Site or features of the Services may have additional terms and you should read those additional terms. For example, if you enter a sweepstakes, you will be bound to the terms specific to that sweepstakes. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use of those areas of the Site or features of the Services.
Changes to these Terms or the Services
We can change these Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Site or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms because if you continue to use the Services after we’ve provided notice of the change, you’re telling us that you agree to be bound by the changed Terms. If you don’t agree to be bound by the changed Terms then you’re not allowed to use the Services anymore. We’re always striving to make the Services better and because they’re evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion.
We are a Platform Service Provider
Through the Services, we offer an online platform to allow individuals (each an “End User”) to view, purchase and bid for Experiences offered by suppliers. This means that we act as an intermediary between the End User and the supplier and our responsibilities under these Terms are limited to facilitating the availability of the Services and collecting payments on behalf of the supplier.
“Experiences” means the (a) items, goods, collectables, rarities, or other products in physical or digital form (collectively, the “Products”) and (b) experiences including in-person experiences and virtual experiences, offered by the supplier via the Services. “Experience Listing” means the description of the Experience including, but not limited to, the price of the Experience and the date and time, as applicable. “Luminary” means a person or entity that has accepted these MOGULYZE Terms and the MOGULYZE supplier Addendum, and offers an Experience via the Services. In the case of Experiences involving the sale of alcoholic beverages, the seller is the alcoholic beverage licensee who is offering alcoholic beverages for sale. “Member” means a person that completes our Account registration process, including End Users and suppliers.
The supplier, not MOGULYZE, is responsible for honoring the purchase of any Experience. The supplier may require you, as an End User, to enter into an agreement with the supplier and you acknowledge that if you fail to do so, you may not be able to participate in the Experience; in such an event, you may not receive a refund or exchange for the purchase of your Experience. Some Experiences include the ability to interact with a supplier. We do not, and cannot control interactions with suppliers; we expressly disclaim any liability arising from such interactions. As an End User, you may be required to sign and return a waiver and liability release before you participate in an Experience.
Using the Services
You can only use the Services if you are 18 years or older and are not barred from using the Services under applicable law. Additionally, in order to offer or purchase some Experiences, you must be 21 years or older at the time you offer, or purchase, the Experience.
If you want to use certain features of the Services you’ll need to create an account with a username and password (an “Account”) and become a Member. You can do this via our Site or through your account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate and complete information and you promise to keep your Account information up to date. If you don’t, we may have to suspend or terminate your Account. You agree not to share your password and you’ll let us know if there is any unauthorized use of your Account. You’re responsible for all activities that occur under your Account and you’ll immediately tell us about any unauthorized use of your Account.
Becoming a SUPPLIER
You can apply to become a supplier by completing the application profile via the Become a Supplier page. MOGULYZE reserves the right to approve or reject any supplier application, for any reason. If you are approved and you agree to the terms and conditions of the “Supplier Addendum” made available to you in connection with the application process, you will be deemed a supplier. The Supplier Addendum contains terms regarding the creation and posting of Experience Listings, how and what suppliers get paid for their Experiences and other terms specific to a supplier's provision of Experiences in connection with the Services.
Payments and Cancellations/Returns
Upon completion of a purchase on the Site (and upon determination by MOGULYZE that you are the successful buyer, if applicable) for the Experience, you will be liable to pay the total purchase price presented at checkout (“Total Purchase Price”), which may include applicable tariffs, customs, duties or taxes (including any value-added taxes).
When you initiate a purchase transaction or request to schedule an Experience via the Services, you will be asked to provide us with customary billing information such as your name, billing address and credit card information. As an End User, you agree to pay MOGULYZE (on behalf of the supplier and Charity, if applicable) for any transactions made in connection with your Account by one of the payment methods described on the Site.
Wire transfers are permitted for orders above $10,000. MOGULYZE will confirm payment receipt before we will ship or fulfill the item or experience. Contact a MOGULYZE Concierge for more details on wire transfers.
You hereby authorize the collection of such amounts by MOGULYZE by charging your selected payment method. In addition, you agree that MOGULYZE may charge your payment method for verification and pre-authorization purposes, and you agree to bear any additional charges that your bank or other financial service provider may levy on you.
As an End User, the type of Experience you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Experience. It is your responsibility to review the confirmation email(s) to verify the accuracy of the information relating to the Experience.
- Payment: Upon the completion of your purchase, we will immediately validate your credit card. Upon shipment, your card will be charged. In some cases, you may request to delay the shipment of the Product purchased. If you agree to delay shipping, you also permit MOGULYZE or the supplier to charge you for the order on the date that you submit your shipment delay request. In the case of custom or personalized items, your card will be charged when the supplier initiates the customization or personalization of your item.
- Cancellations/Returns: Due to the nature of our Products, the majority of items on our site are not returnable. Unfortunately, we cannot be responsible for an item once it has shipped. However, if a product arrives in a condition otherwise stated during the purchase, we would be happy to assist you in addressing the matter. Please reach out to our Concierge teams at firstname.lastname@example.org.
Items that are returnable will be designated as so on their product page on mogulyze.com. Returned physical items must be unused, unworn, unwashed, and undamaged. We are unable to accept returns of goods that are not in their original packaging. Products must be in the condition you received them and in the original box and/or packaging. If a return and/or refund is approved, it will be credited to your credit card account or via wire to your bank within three business days of the date we either receive the returned merchandise or resolve your complaint. To find out if your item is returnable, please contact our Concierge teams via phone or email and be sure to include your order number and explain the problem so that we can most efficiently help you.
Payment: Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount.
- Cancellations/Returns: Due to the nature of our digital products, these products are not returnable or refundable.
Virtual & In-person Experiences
Any related fees for telephony or connectivity, travel, food or lodging are the sole responsibility of the buyer (or consumer) unless otherwise specified on the relevant product page, MOGULYZE Terms of Service, and/or receipt.
For “Events”, experiences with a set time and location:
Payment: Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount.
Cancellations/Returns: Event tickets purchased from our site are neither returnable nor refundable, unless the Event is cancelled.
For “Experiences”, where scheduling (time and/or location), must be agreed upon:
Payment: Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount. For Experiences that require the End User and supplier to agree on particulars like the time and location for the Experience, both the End User and supplier are sent confirmation emails when those details are confirmed by those parties via the Services (“Booking Confirmed”). In the event that the End User and supplier cannot come to an agreement regarding the particulars, and MOGULYZE is unsuccessful in finding a suitable alternative, a refund will be made to the End User for the purchase amount.
Experiences as Gifts
If the Buyer chooses to give an experience as a gift, upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount. In the event that the gift recipient and supplier are unable to agree upon particulars, the gift recipient will be awarded Site credit equal to the purchase amount for use on the Site.
Cancellations/Returns: Once your booking is confirmed, Experiences purchased from our Sites are final sale (neither returnable nor refundable), unless:
You experience technical problems (for virtual experiences) due to an error on our part or unless the relevant supplier fails to fulfill the connection or experience AND the experience cannot be rescheduled within 30 days, you will receive a refund to your credit card or bank via wire OR
Canceled by the supplier AND the experience cannot be rescheduled within 30 days, you will receive a refund to your credit card or bank via wire.
Talent’s right to terminate experiences at will: Note that a virtual or in-person experience can be disrupted and/or discontinued without warning at any time—and with no refund to you—should the supplier become uncomfortable with the conversation or interaction for any reason.
We do not permit reporters or other members of the media to purchase experiences with our supplier partners for the purpose of conducting an interview for broadcast or publication. If the supplier determines that you are in fact attempting to conduct an interview for broadcast or publication, she or he is fully within their rights to terminate the experience with no refund to you.
In either of these cases, please email our Concierge team with your order number immediately so that we can assist you in rescheduling the experience or—if that is not possible—processing your refund.
Shipping and Fulfillment
With some exceptions, physical items (“Product(s)”) sold through MOGULYZE are shipped via major U.S. shipping companies like UPS and Fedex. Suppliers may ship to all 50 U.S. states and may, depending on the item, ship internationally. Neither MOGULYZE nor any supplier has any obligation to ship any Product to a location where delivery is restricted or prohibited by applicable law. Should you have a question regarding shipping, please contact our Concierge team.
If you are the successful buyer of a Product, shipping, handling, and insurance (“Shipping”) of items is incremental to the list price (unless otherwise stated on the product page). If Shipping is not included in the price of an item, the estimated cost for Shipping will be included at checkout in the order process. Neither MOGULYZE nor the supplier are responsible for the acts or omissions of carriers or packers of purchases.
You must supply a street address for delivery of Products purchased on the Site. Neither MOGULYZE nor the supplier will ship Products to a post office box.
You (the buyer) are responsible for any and all customs, duties, or refusals to allow the shipment to the location specified of such goods. When the Supplier delivers the Product to the carrier for shipment to you, title to the Product and risk of loss will pass from the supplier to you. If the Product is damaged in transit, you should contact the carrier. MOGULYZE and the supplier are not obligated to take a Product back if it was damaged in transit.
Digital Products, Virtual and In-person Experiences
Digital Products, virtual experiences and in-person experiences purchased via our Site are coordinated via our platform, email, and/or telephone.
Digital Products are delivered via email, through your accounts page on our platform, and/or via a social network.
Experiences are delivered via Internet (video conferencing platforms and/or social networks such as Facebook and Twitter) or in-person.
Transactions Involving Alcoholic Beverages
Experiences that include alcoholic beverages may only be purchased by individuals, including without limitation End Users, who are at least twenty-one (21) years old (“Legal Age”). At the time of delivery of any Products containing alcoholic beverages ordered by you using the Site, the shipper will require the signature of an adult possessing identification proving he or she is of Legal Age. You expressly represent and warrant that: (a) you are of Legal Age; and (b) you will provide bona fide identification showing your Legal Age to the shipper or Alcohol Seller of any lots that include alcoholic beverages.
The price of alcoholic beverages is determined by the licensed entity selling such products, and we do not receive profits from the sale of specific alcoholic beverage products. When you place an order for a Product containing alcoholic beverages using the Site (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the licensed entity to whom the Alcoholic Beverage Order was placed (“Alcohol Seller”). Neither MOGULYZE nor any supplier has any authority to accept your Alcoholic Beverage Order, and no sale pursuant to your Alcoholic Beverage Order will become final unless and until Alcohol Seller accepts your Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Alcohol Seller (such accepted sale an “Alcoholic Beverage Purchase”), your credit card will be charged, and the funds from your credit card payment that relates to the Alcoholic Beverage Purchase will be deposited into an account for the benefit of Alcohol Seller in compliance with applicable alcoholic beverage laws. Note that we do charge a platform fee in connection with the use of our service unrelated to the price of alcohol.
We don’t plan, host, operate, or provide the Experiences. We also don’t endorse, verify, vouch for, investigate or vet any Members or Experiences. Notwithstanding the foregoing, MOGULYZE reserves the right to conduct by itself, or by third party service providers, background checks on End Users. We’re not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the supplier and we do not verify the accuracy of this information. We’re also not responsible for any personal injury, damage or harm resulting from your provision or purchase of, or participation in, any Experience or your interaction with any Member. By using the Services you agree that any legal remedy or liability that you seek to obtain arising from or related to an Experience, (including, without limitation, your Experience Listing or provision of any Experience) will be limited to a claim against the particular Member or other third parties who caused you harm and you agree not to attempt to impose liability on MOGULYZE, or seek any legal remedy from MOGULYZE with respect to Experiences.
The percentage of proceeds directed to each Charity varies per Experience. We do not place a cap on the total amount of contributions provided to any one Charity; nor do we guarantee to provide a minimum dollar amount of contributions to any one Charity. Because the Total Purchase Price represents the full value of the product or service, no portion of the sale price is tax-deductible to you as a charitable contribution. The full name and other information on each Charity is available at the bottom of each supplier page.
For the safety of our suppliers, MOGULYZE reserves the right to conduct by itself, or by third party service providers, background checks on you as an End User, including criminal background checks. In such cases, the Experience Listing will state this requirement. Should you decide to purchase an experience with this requirement, you agree to provide any required or applicable signed consents, within two business days from the time we contact you or the Gift Recipient, to enable us or our third party service providers to conduct such background checks. This information may include your Social Security Number.
Auctions and Sweepstakes
If you wish to enter an auction or a sweepstakes, contest or similar promotion (each a “Promotion”) in hopes of winning an Experience, you will be bound to the terms specific to that auction or Promotion in addition to these Terms. The additional terms will be posted via the Services. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use of those areas of the Site or features of the Services.
Content Ownership and Responsibility
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; “Member Content” means any Content that you provide to be made available through the Services, including Experience Listings. Content includes, without limitation, Member Content.
MOGULYZE does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Member Content. Subject to the foregoing, as between us and you, MOGULYZE and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Services or otherwise use such Feedback. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, MOGULYZE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. By making your Member Content available on or through Services you hereby grant to MOGULYZE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit your Member Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services. These rights that you grant to MOGULYZE include permitting MOGULYZE to syndicate your Member Content, including any suggestions for Experiences you provide MOGULYZE or the content of your Experience Listings, on, through or by means of websites operated or owned by third parties.
You are solely responsible for all your Member Content. You represent and warrant that you own all your Member Content or you have all rights that are necessary to grant us the license rights in your Member Content under these Terms. You also represent and warrant that neither your Member Content, nor your use and provision of your Member Content, nor any use of your Member Content by MOGULYZE on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome your input for improvements to the Services! If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal or in any other format) in connection with the Services or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You agree that all Feedback will be the sole and exclusive property of MOGULYZE. You hereby agree to irrevocably transfer and assign to MOGULYZE all of your rights, title, and interest in and to all Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that MOGULYZE may currently, or in the future, be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Experience Listings. Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Experience Listings.
Member Conduct Terms
You agree that you’ll only use the Services in a manner that is consistent with the Member Conduct Terms, set forth below. If you don’t we might have to suspend or terminate your Account. In connection with your use of the Services you agree that you won’t:
- use the Services for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by MOGULYZE or that would violate any laws;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
- register for more than one Account or register for an Account on behalf of an individual other than yourself;
- recruit or otherwise solicit any supplier or other Member to join third-party services or websites that are competitive to MOGULYZE, without MOGULYZE prior written approval.
- register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site;
- “stalk” or harass any other user of the Services; mistreat any MOGULYZE employees including, but not limited to, using abusive language in writing or by telephone;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MOGULYZE EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOGULYZE MAKES NO WARRANTY THAT: (I) THE SERVICES, CONTENT OR EXPERIENCES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM USE OF THE SERVICES OR POSTING AN EXPERIENCE LISTING.
MOGULYZE MAKES NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE OR HISTORICAL RELEVANCE OR RARITY OF ANY EXPERIENCE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
MOGULYZE ASSUMES NO RESPONSIBILITY FOR ANY MEMBER’S OR CHARITY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. MOGULYZE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER, CHARITY OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY MEMBER; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. MOGULYZE'S RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE SERVICES AND COLLECTING PAYMENTS ON BEHALF OF THE SUPPLIER. THE SUPPLIER, NOT MOGULYZE, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE EXPERIENCE LISTING, EXPERIENCES OR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND MOGULYZE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, AND EXPERIENCES, INCLUDING YOUR PURCHASE AND PARTICIPATION IN AN EXPERIENCE. MOGULYZE IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR PARTICIPATION IN OR PURCHASE OF ANY EXPERIENCE OR YOUR FUFILLMENT OF AN EXPERIENCE.
MOGULYZE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR EXPERIENCES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGULYZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOGULYZE AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between MOGULYZE and you regarding the Site, Services, Experiences, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MOGULYZE and you regarding the Site, Services, Experiences, and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MOGULYZE's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MOGULYZE may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by MOGULYZE under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
MOGULYZE’s failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MOGULYZE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We’re here to help resolve any issues you may experience. Please email at email@example.com if you have any issues or need assistance with our Services.