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Terms of Use
The following
describes the terms on which moseonline.com offers you access to our services.
Introduction
Welcome
to moseonline.com. By using the services on the moseonline.com websites (moseonline.com.com
and other related websites where this agreement appears) (the “Sites”), you are
agreeing to the following terms, including those available by hyperlink, (the "Agreement"
or "User Agreement") with moseonline.com
and the general principles for the websites of our subsidiaries and international
affiliates. Before you may become a member of moseonline.com, you must read and
accept all of the terms and conditions in, and linked to, this User Agreement and
the Privacy Policy. We strongly recommend that, as you read this User Agreement,
you also access and read the linked information. By accepting this User Agreement,
you also agree that your use of some moseonline.com-branded websites or websites
we operate may be governed by separate user agreements and privacy policies. The
agreement that applies on any of our domains and subdomains is always the agreement
that appears in the footer of each website.
This Agreement
is effective on July 1, 2007.
Using moseonline.com
While using
the Sites, you will not:
·
post content or items in an inappropriate category or areas on the Sites;
·
violate any laws, third party rights, or our policies such as the Prohibited and
Restricted Items policies;
·
use the Sites if you are not able to form legally binding contracts, are under the
age of 18, or are temporarily or indefinitely suspended from our Sites;
·
terms, or you cannot authenticate the buyer's identity;
·
circumvent or manipulate our fee structure, the billing process, or fees owed to
moseonline.com;
·
post false, inaccurate, misleading, defamatory, or libelous content (including personal
information);
·
take any action that may undermine the feedback or ratings systems (such as displaying,
importing or exporting feedback information off of the Sites or for using it for
purposes unrelated to moseonline.com);
·
transfer your moseonline.com account (including feedback) and User ID to another
party without our consent;
·
distribute or post spam, chain letters, or pyramid schemes;
·
distribute viruses or any other technologies that may harm moseonline.com, or the
interests or property of moseonline.com users;
·
copy, modify, or distribute content from the Sites and moseonline.com's copyrights
and trademarks; or
·
harvest or otherwise collect information about users, including email addresses,
without their consent.
Abusing moseonline.com
moseonline.com
and the Community work together to keep the Sites working properly and the Community
safe. Please report problems, offensive content, and policy violations to us.
Fees and Services
Joining
moseonline.com has a subscription charge according to the package chosen. Unless
otherwise stated, all fees are quoted in Canadain. You are responsible for paying
all fees and applicable taxes associated with the Sites in a timely manner with
a valid payment method. If your payment method fails or your account is past due,
we may collect fees owed using other collection mechanisms. (This includes charging
other payment methods on file with us, retaining collection agencies and legal counsel.
Content License
When you
give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in the content, in
any media known now or in the future.
Liability
You will
not hold moseonline.com responsible for other users' actions or inactions,
You understand and agree that the owners of this site shall not be liable for any
direct, indirect, incidental, consequential or exemplary damages, including but
not limited to, damages for loss of profits, data or other intangible losses (even
if the owners of this site have been advised of the possibility of such damages),
resulting from the use or the inability to use the product(s) and or service(s)
or any misuse of the product(s) and or service(s) in a manner not in accordance
with their intended use.
Regardless
of the previous paragraph, if we are found to be liable, our liability to you or
to any third party is limited to the greater of (a) the total fees you paid to us
in the 12 months prior to the action giving rise to the liability, and (b) $100.
In the
event of outages ‘site is not operational’ moseonline.com will provide additional
links form which you will be able to access your account., whose terms of usage
and will be the same as moseonline.com
Release
If you
have a dispute with one or more users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
Access and Interference
The Sites
contains robot exclusion headers. Much of the information on the Sites is updated
on a real-time basis and is proprietary or is licensed to moseonline.com by our
users or third parties. You agree that you will not use any robot, spider, scraper
or other automated means to access the Sites for any purpose without our express
written permission.
Additionally,
you agree that you will not:
·
take any action that imposes or may impose (in our sole discretion) an unreasonable
or disproportionately large load on our infrastructure;
·
copy, reproduce, modify, create derivative works from, distribute, or publicly display
any content (except for Your Information) from the Sites without the prior expressed
written permission of moseonline.com and the appropriate third party, as applicable;
·
interfere or attempt to interfere with the proper working of the Sites or any activities
conducted on the Sites; or
·
bypass our robot exclusion headers or other measures we may use to prevent or restrict
access to the Sites.
Privacy
We do not
sell or rent your personal information to third parties for their marketing purposes
without your explicit consent. We use your information only as described in the
moseonline.com Privacy Policy. We view protection of users' privacy as a very important
community principle. We store and process your information on computers located
in Canada/United States that are protected by physical as well as technological
security devices. You can access and modify the information you provide us and choose
not to receive certain communications by signing-in to your account. We use third
parties to verify and certify our privacy principles. For a complete description
of how we use and protect your personal information, see the moseonline.com Privacy
Policy. If you object to your Information being transferred or used in this way
please do not use our services.
Indemnity
You will
indemnify and hold us (and our officers, directors, agents, subsidiaries, joint
ventures and employees), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach of
this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
Notices
Except
as explicitly stated otherwise, legal notices shall be served on moseonline.com's
national registered agent (in the case of moseonline.com) or to the email address
you provide to moseonline.com during the registration process (in your case). Notice
shall be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively, we may give you legal
notice by mail to the address provided during the registration process. In such
case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute
arises between you and moseonline.com, our goal is to provide you with a neutral
and cost effective means of resolving the dispute quickly. Accordingly, you and
moseonline.com agree that we will resolve any claim or controversy at law or equity
that arises out of this Agreement or our services (a "Claim") in accordance with
one of the subsections below or as we and you otherwise agree in writing. Before
resorting to these alternatives, we strongly encourage you to first contact us directly
to seek a resolution by going to the About Customer Support help page. We will consider
reasonable requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation.
·
Law and Forum for Disputes - This Agreement shall be governed in all respects
by the laws province of British Columbia as they apply to agreements entered into
and to be performed entirely within British Columbia between British Columbia residents,
without regard to conflict of law provisions. You agree that any claim or dispute
you may have against moseonline.com must be resolved by a court located in
Surrey
/ Abbotsford
·
Arbitration Option
- For any claim (excluding claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, the party requesting
relief may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration, they
shall initiate such arbitration through an established alternative dispute resolution
("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties
must comply with the following rules: a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific manner shall
be chosen by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise mutually
agreed by the parties; and c) any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction.
·
Improperly Filed Claims - All claims you bring against moseonline.com must
be resolved in accordance with this Resolution of Disputes Section. All claims filed
or brought contrary to the Resolution of Disputes Section shall be considered improperly
filed. Should you file a claim contrary to the Resolution of Disputes Section, moseonline.com
may recover attorneys' fees and costs up to $1000, provided that moseonline.com
has notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
General
moseonline.com is located at
32623 Hollywood Ave., Abbotsford, BC
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