Last Revised: 2022
These Terms and Conditions re: Service, Sales and Products (“Terms") (i) govern Your use (the word “use” in these Terms will mean “access or use”) of any or all of the Services, including any Content (therein, for use in conjunction with Products; (ii) govern the purchase and sale of Products through the d.moat Store; and (iii) provide for the limited warranty d.moat offers regarding the Products. The Product Software is governed by the End User License Agreement. The terms of purchase and sale of Products through third party e-commerce retailers (e.g. Amazon) will be governed by such retailer’s terms of purchase and sale. Capitalized terms not defined above are defined under the heading “Select Definitions”, below.
These Terms are between you (i.e. the end-user) (“You” and “Your”) and d.moat Inc. (“d.moat”). Neither Google Inc. (“Google”) or Apple Inc. (“Apple”) are parties to these Terms. d.moat, and not Google or Apple, is solely responsible for the Services, including the Apps and the d.moat Content. You are solely responsible for Your User Content.
You may contact d.moat by e-mail at email@example.com with questions about these Terms.
PLEASE READ THESE ENTIRE TERMS CAREFULLY BEFORE USING, AND DURING USE OF, ANY PART OF THE SERVICES. YOU SHOULD REVIEW THESE TERMS FROM TIME-TO-TIME.
THESE TOSS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING A WAIVER OF CLASS ACTION DISPUTES.
BY USING THE SERVICES OR BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACKNOWLEDGE HAVING READ, UNDERSTOOD AND ACCEPTING THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM. IF YOU ARE AGREEING TO THESE TOSS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO D.MOAT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS.
Apps: means the mobile applications that d.moat makes available for access to, and which serve as the primary User interface to, the d.moat Platform, Products and certain d.moat Content.
Content: means any network traffic, text, logos, marks, designs, information, data, software, hyperlinks, embedded links, URLs, video, graphics, pictures, music, and other types of network traffic or content.
d.moat Content: other than User Content, any Content available on or via the Services or used to create and operate the Services, as well as the selection and arrangement of such Content.
d.moat Platform: means d.moat’s backend server logic that connects to a router and communicates with the Products, Product Software, and Apps.
d.moat Store: means the online store provided by d.moat.
Products: means d.moat Inc.’s hardware products.
Product Software: means the software embedded in the Products (and any updates to the software).
Services: means the Website and the Apps, the d.moat Platform, as well as any other digital services and functionalities, and any User Content and d.moat Content made available via or accessible through the Website and/or Apps.
User Content: means any Content that You, or other end-users of the Apps, upload, submit, post, display or otherwise make available via the Apps.
Website: means d.moat’s website, located at https://www.dmoat.com (and the webpages within that website).
YOUR AGE AND ELIGIBILITY TO USE THE SERVICES & PRODUCTS
- The Services and Products are not intended for children under the age of 13 and no person under the age of 13 may use the Services or Products.
- YOU MAY NOT order products OR USE THE WEBSITE if You are UNDER the age of majority in the jurisDiction in which You reside.
ELIGIBLE MOBILE DEVICES
- The Apps are made available to You by d.moat free of charge through Google Play (owned or operated by Google) and Apple’s App Store (owned and operated by Apple), for use on an eligible mobile device that complies with these Terms and is owned or controlled by You ("Your Mobile Device"). Without limitation, d.moat does not endorse Your Mobile Device and provides no representations, warranties or conditions regarding Your Mobile Device.
- You understand and acknowledge that the Apps, and the Services used through any mobile device by any browser, are intended for use on mobile devices using the Android or iOS operating systems, or such other devices or operating systems as may be approved by Google or Apple, in each case as determined by Google, Apple or the telecommunication provider for Your Mobile Device, in their sole discretion. You will not use the Apps, or any browser to use the Services, on a mobile device or an operating system (including an Android or iOS operating system and whether approved by Google or Apple) that has been, in each case, modified or customized in any way (including “jailbroken”, “rooted”, “bootleg unlocked”) by anyone other than the original equipment manufacturer (or original licensor of the operating system software, as applicable), an authorized distributor or reseller thereof, the applicable telecommunication provider or anyone else acting with the permission or on behalf of any of the foregoing.
YOU MAY USE LIMITED PORTIONS OF THE WEBSITE AND APPS, BUT IN ORDER TO FULLY USE THE SERVICES, INCLUDING THE D.MOAT PLATFORM, YOU MUST SET-UP AN ACCOUNT
- You may use limited portions of the Website and Apps without setting-up an account.
- moat reserves the right to reject any registration form in d.moat’s sole discretion.
- If You choose to set-up an account, then You agree to:
- provide true, accurate, current and complete information;
- maintain and promptly update the information You provide to moat; and
- not enter any irrelevant data into any form or data entry field other than the data requested by d.moat for such field.
- In the event that You provide, or d.moat reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then d.moat has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services.
ACCOUNT HOLDERS AND AUTHORIZED USERS
- When You create Your Account, You become and remain the owner of the account and your Products associated with the account.
- Individuals who are authorized to access Your owned Products and the related Services are considered “Authorized Users.” Authorized Users may be able to use the Services and your Products (e.g. to view information regarding use of Your Products).
- You agree that You are fully responsible for the acts and omissions of all Authorized Users relating to their use of Your Products, Your Account, and the Services.
- Upon account set-up pursuant to Section 3, then You will be asked to establish certain log-in methods (e.g. username and password) in order to sign-in to Your Account (“Access Methods”).
- You are solely responsible for the confidentiality and security of Your Access Methods. You are responsible for all activities that occur under Your Access Methods and/or account. You may not share Your Access Method details with others. moat is not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Access Methods and/or account. You must immediately notify d.moat of any actual or suspected loss, theft or unauthorized use of Your Access Methods, or any other security breaches of which You become aware.
- moat will not be responsible for any loss to You that arises from any use of Your Account or Your Access Methods or from Your failure to comply with these provisions.
LIMITED USE RIGHTS; RESERVATION OF RIGHTS
Limited Use Rights and Conditions
- Subject to the limitations and restrictions below, d.moat grants to You, for Your personal use (or, with respect to an entity, its internal business use) only, a limited revocable, non-exclusive, non-transferable, non-sublicenseable, personal, non-commercial, right to:
- use the Services available to non-registered end-users;
- if You have set-up an account with d.moat in accordance with Section 3, use the Services available to registered users; and
- download, install and use the Apps on Your Mobile Device in order to use Services, including the d.moat Platform (in each case, to the extent made available to You depending on whether You have set-up Your Account and the status of Your Account (if any)).
- moat may terminate the above grant of rights at any time, without notice and for any or no reason.
- YOU MUST, in order to exercise any of the use rights granted above:
- comply with these Terms;
- comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Services; and
- comply with any additional requirements, restrictions or limitations provided by d.moat or any applicable third party (including Google, Apple, Your Mobile Device provider and the telecommunication provider for Your Mobile Device).
PRODUCTS NOT FOR SALE OR EXPORT
You represent and warrant that You are buying Products or Services for Your personal use only, and not for sale or export. You agree to comply with all applicable laws and regulations, including any applicable export laws and regulations.
AVAILABILITY OF PRODUCTS ON D.MOAT STORE
Products listed on the d.moat Store may not be available at the time You make Your order. Your order is subject to availability of Products.
ACCEPTANCE OF ORDERS VIA D.MOAT STORE
- The descriptions of Products on the d.moat Store are invitations for You to make an offer to purchase Products. All orders must be accepted by d.moat or d.moat will not be obligated to sell the Products to You. Once You place an order, d.moat will e-mail You a confirmation number to the e-mail address that You provide during the order process. The confirmation number does not constitute an acceptance of Your order. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. moat reserves the right to accept or reject the order once You have completed and placed Your order. d.moat also reserves the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, d.moat will refund the payment to the credit card You provided for payment.
- You may cancel Your order made through the d.moat Store by contacting Us at [INSERT CONTACT METHOD] within [INSERT TIMELINE] after Your order has been confirmed by d.moat (per the above paragraph).
PRICES & PRODUCT DESCRIPTIONS ON D.MOAT STORE
- All prices posted on the d.moat Store for Products are subject to change without notice. The price charged for Products will be the price in effect on the d.moat Store at the time the order is placed. Posted prices do not include additional charges (such as shipping and handling) or taxes.
- Should d.moat discover a Products’ price, specification or description has been misstated, d.moat reserves the right to correct, refuse or cancel any order regardless of whether the order has been confirmed and credit card charged. You will be contacted and have the right to confirm any increase in price or shipping charges. If your credit card has already been charged for the purchase amount, d.moat will issue a credit to your account in the amount of the incorrect price.
PAYMENT FOR PRODUCTS VIA D.MOAT STORE; TAXES
- During the check-out process on the d.moat Store, You will be provided with a list of the Products You are purchasing, their price, list of all additional charges (such as shipping and handling), taxes, and any applicable discounts. You will be asked to confirm Your order at the end of the check-out process. By clicking “confirm”, You agree to pay d.moat the amount set out in box labelled “Order Total” . The Order Total is set out in United States dollars. The Order Total will be charged to the credit card You entered when the Product is shipped. You may pay using the credit cards permitted during check-out. If Your payment is declined or reversed for any reason, Your order will be cancelled and Your order will not be shipped.
- Depending on the order, d.moat calculates and charges sales tax in accordance with applicable laws.
- All payments are processed by Our payment processor [INSERT NAME OF PAYMENT PROCESSOR]. Such processing is governed solely by our payment processor’s terms of service and not these Terms. moat have no liability arising from your use of such payment processor, or for any arrears by the payment processor.
- You represent and warrant that (i) the credit card information you supply during the order process is true, correct and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes.
SHIPMENT OF PRODUCTS FOR ORDERS FROM D.MOAT STORE
- moat will e-mail You to confirm that Your order via the d.moat Store has been shipped. You are deemed to have received the Products within [number] days after it has been shipped by d.moat.
- Estimated Shipping Rates are set-out below, in Appendix B.
- The cost of shipping will be provided at the time of check-out on the d.moat Store and included in the Order Total. The actual cost of shipping will depend on the size and weight of the total order shipped and the number of items shipped in one package. d.moat will confirm the cost of shipping in the e-mail d.moat send to You at the time Your order is shipped. You agree to pay any additional shipping charges, which will be charged to the same credit card that You used to purchase the Product.
- moat may use third-party carriers to ship Products to You. d.moat will advise You of the carrier delivering Your order in the shipping confirmation e-mail You will receive once Your order has shipped.
- Title and risk of loss pass to You upon d.moat’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. d.moat is not liable for any delays in shipment.
- moat is not responsible for the loss of any Products once the order has been shipped to the delivery address You provided.
RETURNS AND REFUNDS RE: ORDER FROM D.MOAT STORE
- d.moat will accept a return of Products ordered via the d.moat Store for a refund of Your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such Products are returned in their original condition. To return Products, You must e-mail d.moat at [E-MAIL ADDRESS] to obtain a Return Merchandise Authorization ("RMA") number before shipping your Products. No returns of any type will be accepted without an RMA number.
- You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
- Refunds are processed within approximately [three/NUMBER] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the of the Products.
LIMITED WARRANTY RE: PRODUCTS
- MOAT OFFERS A LIMITED WARRANTY WITH RESPECT TO THE PRODUCTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. D.MOAT WARRANTS THAT DURING THE PERIOD LASTING 30 DAYS AFTER [DELIVERY/SHIPMENT] OF THE PRODUCTS FROLLOWING ORIGINAL RETAIL PURCHASE (“WARRANTY PERIOD”), THE PRODUCTS, INCLUDING ANY PRODUCT SOFTWARE THEREIN, WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP.
- MOAT LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME JURSIDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- MOAT’S RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY D.MOAT OR ANY OF ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- This limited warranty extends only to the original purchaser of Products. It does not extend to any subsequent or other owner or transferee of the Product or any transferee or other beneficiary of the Services or Products.
- This limited warranty does not cover any damages due to: (i) transportation; (ii) storage; (iii) improper use; (iv) failure to follow the Product instructions or to perform any preventive maintenance; (v) modifications; (vi) combination or use with any Products, materials, processes, systems or other matter not provided or authorized in writing by d.moat; (vii) unauthorized repair; (viii) normal wear and tear; or (ix) external causes such as accidents, abuse, or other actions or events beyond d.moat’s reasonable control.
- We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- With respect to any defective Products during the Warranty Period, d.moat will, in its sole discretion refund the purchase price of such Products.
- To obtain warranty service, you must e-mail d.moat at [E-MAIL ADDRESS] during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
- THE LIMITED REMEDIES CONTAINED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND D.MOAT’S ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF THIS LIMITED WARRANTY.
GENERAL DISCLAIMERS; USE IS AT YOUR SOLE RISK
- The Products and Services are intended to be used for non-time-critical information. moat aims for the Services to be highly available and reliable, but they are not intended to be available or reliable 100% of the time. The Products and Services are subject to interruptions and failures for a variety of reasons beyond d.moat control. You acknowledge these limitations and agree that d.moat are not responsible for any damages allegedly caused by the failure or delay of the Products or Services.
- USE OF THE PRODUCTS OR SERVICES, OR ANY D.MOAT CONTENT OR USER CONTENT (INCLUDING YOUR CONTENT), IS SOLELY AT YOUR OWN
- WHEN YOU INSTALL, SETUP OR USE THE PRODUCTS AND SERVICES, YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED NETWORKS, COMPUTERS, ROUTERS, OR MOBILE DEVICES. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES, AND ANY MOAT CONTENT AND USER CONTENT (INCLUDING YOUR CONTENT), ARE PROVIDED AND MADE AVAILABLE "AS IS" WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D.MOAT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE PRODUCTS AND SERVICES, AND ANY D.MOAT CONTENT AND USER CONTENT (INCLUDING YOUR CONTENT), WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY WARRANTY OR CONDITION OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, CURRENCY, ACCESSIBILITY, RELIABILITY, AVAILABILITY, SECURITY, UNINTERRUPTED USE, OR THAT THE PRODUCTS OR SERVICES, OR ANY D.MOAT CONTENT OR USER CONTENT (INCLUDING YOUR CONTENT), ARE OR WILL BE ERROR-FREE OR VIRUS-FREE, OR COMPATIBLE WITH YOUR HOME NETWORKS, COMPUTERS, ROUTERS, OR MOBILE DEVICES.
- YOU ACKNOWLEDGE THAT THE PRODUCTS OR SERVICE MAY NOT DETECT ANY OR ALL NETWORK THREATS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY D.MOAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION.
USER CONTENT; FEEDBACK
- In connection with Your use of the Services, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available User Content (“Your User Content”).
- If You submit ideas, suggestions, commentary or feedback to d.moat regarding the Services or any Content thereon or therein, including any d.moat Content or User Content (or any other product or service offered by d.moat) (collectively, "Feedback"), through any means whatsoever, then You agree that d.moat may use the Feedback freely and for any purpose.
- You grant d.moat a worldwide, perpetual, irrevocable, transferrable, royalty-free, non-exclusive license, with the right to sublicense, to use, on or in any or all of the Services, Your User Content and Feedback in the manner in and for the purposes for which the Services from time to time use User Content and Feedback, or for developing and marketing products, services or content, without any obligation to You or third parties, including without any requirement for d.moat to provide You with any credit, notice, approval or compensation for any such use. You waive any and all of Your moral rights in the Feedback and Your User Content.
- You represent and warrant that: (i) You either are the sole and exclusive owner of all of Your User Content and Feedback or You have all rights, licenses, consents and releases necessary to use Your User Content and/or Feedback in connection the Services and to grant d.moat the license to the foregoing; (ii) neither Your User Content or Feedback, or d.moat’s use thereof, will infringe any third party’s intellectual property or other proprietary rights, or result in the violation of any applicable law, rule or regulation; and (iii) Your User Content will comply with all applicable laws.
- moat may review, monitor, or remove any Feedback and/or User Content at d.moat’s sole discretion and at any time and for any reason, without notice to You.
- moat does not endorse any Feedback or User Content
ACCEPTABLE USE AND RESTRICTIONS
- You agree to abide by and not violate the Acceptable Use Policy, which can be found at Appendix A below.
INTELLECTUAL PROPERTY OWNERSHIP
- Except for the rights granted to You expressly herein, as between d.moat and You, d.moat reserves all right, title and interest (including all intellectual property rights) in and to the Services and d.moat Content. The Apps are licensed, not sold, to You.
- The Services and d.moat Content are:
- NOT Your property, but the property of their respective owners, whether d.moat or otherwise; and
- protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws.
- Your User Content is, as between You and d.moat, Your property.
- You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Services or d.moat Content.
- All trademarks and other indicia of origin appearing on or in the Services and d.moat Content are the property of d.moat or d.moat’s service providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on on or in the Services and d.moat Content.
- d.moat, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
RESPONSIBILITY FOR CONTENT
- You are solely responsible for all of Your User Content that you upload, transmit, post or distribute to, on or through the Services.
- Under no circumstances will d.moat be liable in any way for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services.
REPORTING COPYRIGHT INFRINGEMENT CLAIMS; REPEAT INFRINGERS
moat take claims of copyright infringement seriously. d.moat will respond to notices of alleged copyright infringement that comply with applicable laws, including the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If You believe any Content accessible on or from the Services infringe Your copyright, You may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). The written notice (the "Infringement Notice") must include substantially the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that materi.
- Adequate information by which d.moat can contact You (including Your name, postal address, telephone number, and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
- Our designated Copyright Agent to receive Infringement Notices is:
- [FIRST AND LAST NAME OF AGENT]
- [NAME OF AGENT'S ORGANIZATION]
- [PHYSICAL MAIL ADDRESS OF AGENT]
- [TELEPHONE NUMBER OF AGENT]
- [EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
- If You fail to comply with all of these requirements, Your Infringement Notice may not be effective.
- Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers' fees) under applicable laws, rules and regulations, including the DMCA.
- It is d.moat’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- moat take claims of copyright infringement seriously. d.moat will respond to notices of alleged copyright infringement that comply with applicable laws, including the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If You believe any Content accessible on or from the Services infringe Your copyright, You may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). The written notice (the "Infringement Notice") must include substantially the following information:
- Certain open source software, i.e. items of third party code subject to open source licenses (“OSS”), may be included in the Services. The OSS is licensed under the terms of the license that accompanies such OSS. Nothing in these Terms limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such (“OSS”). In particular, nothing in these OSS restricts your right to copy, modify, and distribute such OSS that is subject to the terms of [INSERT OSS LICENSES]
EXTERNAL SOURCES AND SERVICES
- moat is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Services or any Content therein. If You access any third party website or service through the Services any Content therein, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, d.moat.
Linking to the Website
- moat welcomes links to the homepage of the Website. You may only establish a hyperlink to the homepage of the Website if
- the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of Your site by moat or anyone having rights to any Content or create the false appearance that an entity is associated with or sponsored by d.moat; and
- the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with moat, its trademarks or any other trademarks appearing on or in the Services. d.moat do not permit framing or inline linking to another website or application or any portion of it.
- moat welcomes links to the homepage of the Website. You may only establish a hyperlink to the homepage of the Website if
UPDATES AND MODIFICATIONS
- moat may, in d.moat’s sole discretion, release fixes, patches or updated versions of the Services or Product Software, or otherwise add or remove services, Content or features (including modifications to the features, availability or functionality of the Services, Product Software and/or Content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release into production, each Update will be subject to the terms and conditions of these Terms.
- moat may amend these Terms, or any provision thereof, with immediate effect at any time and without notice. Your use of the Services, Products or Product Software following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these Terms in effect at the time of such use.
TERMINATION; SUSPENSION AND AFTER TERMINATION
- moat reserves the right to reject, suspend or terminate the Services, Your Account, or Your use of all or any portion of the Services or any Content therein at any time and for any reason, in d.moat’s sole discretion.
- The terms and conditions in these Terms will continue to apply to Your past use of the Services and Content therein, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to d.moat.
- Upon termination of these Terms, any provision hereof that by its nature is intended to survive the termination of these Terms will survive such termination.
EXCLUSIONS OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE REMEDIES PROVIDED UNDER THE SECTION ENTITLED “LIMITED WARRANTY RE: PRODUCTS”, D.MOAT AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES) OR LOSSES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS,SERVICES, ANY D.MOAT CONTENT,OR USER CONTENT (INCLUDING YOUR CONTENT), INCLUDING, WITHOUT LIMITATION, LOSS OF SAVINGS, PROFITS, REVENUES, DATA, CONTENT, BUSINESS OR GOODWILL, OR FOR SERVICE INTERRUPTION, COMPUTER DAMAGE, NETWORK INTERRUPTION, NETWORK DAMAGE, OR IMPACT ON DEVICES, SYSTEMS OR NETWORKS.
- THIS SECTION “EXCLUSIONS OF LIABILITY” WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND INJURY), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF D.MOAT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, AND WILL APPLY WHETHER OR NOT ANY DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
- You agree to indemnify, defend and hold harmless d.moat and its affiliates, and their directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers' fees) that arise from or relate to Your or Your Authorized Users’ breach of these Terms.
- moat has the right but not the obligation to participate in any defense or settlement. If d.moat chooses to participate, each party must pay for its own lawyers' fees. This obligation survives the termination of these Terms.
Although portions of the Services may be accessible worldwide, the Products and Services provided or accessed through or on the Website and Apps are not available to persons outside of the continental United States or Canada. If You choose to access the Services from outside such territories, You do so on Your own initiative and You are solely responsible for complying with applicable local laws in Your country. d.moat do not accept any responsibility or liability for any damage or loss caused by Your accessing or use of the Services or Products the continental United States or Canada. You will be bound by these Terms wherever You access or use the Services.
APPLICABLE LAW; VENUE
All matters relating to these Terms will be governed by the statutes and laws of the state of Delaware or the federal laws of the United States of America, as applicable, without regard to the conflicts of laws principles thereof. You and d.moat also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of Delaware, as applicable, located within Delaware, with respect to any and all matters arising in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
WAIVER OF CLASS ACTIONS
IN ANY DISPUTE AGAINST D.MOAT, YOU ARE NOT ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
INVALIDITY; ENTIRE AGREEMENT; WAIVER
If any provision of these Terms are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire understanding, and supersedes all other understandings, between You and d.moat concerning the subject matter hereof. No waiver of a right of a party under these Terms will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these Terms) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
d.moat may assign these Terms in whole or in part at any time without Your consent. You may not assign these Terms or assign, transfer or delegate any of Your rights or obligations under these Terms (including Your Account). Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
d.moat will not be liable under these Terms because of a failure or delay in performing d.moat’s obligations hereunder on account of any cause beyond d.moat’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these Terms are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
APPENDIX A – ACCEPTABLE USE POLICY
- YOU MAY NOT do, or attempt to do, any of the followingd.moat:
- use the Services, User Content (including Your User Content), d.moat Content, or Products, for anything other than Your own personal purposes;
- use the Services, User Content (including Your User Content), d.moat Content, or Products, , for any purpose that is illegal or fraudulent or infringes on any third party rights;
- violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in the Services, User Content (including Your User Content), d.moat Content, or Products ;
- exploit, use, make available, rent, lend, sell, frame, mirror, perform, display, broadcast, publish, exhibit, transmit, distribute, license, modify, delete, copy, download, post, create adaptations or derivative works of any or all of the Services, User Content (including Your User Content), d.moat Content, or Products ;
- operate a server in connection with the Services or any Content;
- forge headers or otherwise manipulate identifiers in order to send alters, deceptive or false source-identifying information;
- replicate the “look and feel” of the Services, User Content (including Your User Content), d.moat Content, or Products;
- access all or any part of the Services, User Content (including Your User Content), d.moat Content, or Products, in order to build a product or service which competes the Services or any Content;
- decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of the Services, User Content (including Your User Content), or d.moat Content, ;
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Products, any Content, or any other system, device or property;
- violate, or attempt to violate, the security of the Services, User Content (including Your User Content), d.moat Content, or Products, or another end-user’s account, in any way through any means or device (e.g. spamming, hacking, crashing, uploading viruses or time bombs);
- take any action that imposes, or may impose (in d.moat’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes d.moat’s or the Services’ infrastructure;
- interfere or attempt to interfere with the proper working of, or any activities conducted on or in the Services, User Content (including Your User Content), or d.moat Content;
- use any robot, spider, scraper or other automated means to access the Services, User Content (including Your User Content), d.moat Content, or Products, for any purpose;
- access or ascertain, or disclose, any other end-user’s password, account, User Content, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly; or
- use the Services, User Content (including Your User Content), d.moat Content, or Products to "stalk", harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other end-user of the
NONE OF Your User Content or Feedback WILL:
- infringe any third party’s rights;
- contain any of the following
- content that infringes on, violates or misappropriates any other intellectual property or proprietary rights, or violates the privacy or publicity or other rights of others;
- URLs or links to web sites (to advertise Your company or web site); or
- anything that is illegal, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, violent, hateful or otherwise offensive; or
- be used by You to:
- impersonate another person, living or dead;
- post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; or
- post advertisements, or solicitations of business.