This web page represents a legal document that serves as the Terms of Service and it governs the use of our website, http://www.digitalmofa.com/, sub-domains, associated web-based and mobile applications, or other offerings (collectively, “Website”), as owned and operated by MOFA.
We may amend our Legal Terms at any time without specific notice to the End User. The latest copies of our Legal Terms will be posted on our Website, and the End User should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, the End User agrees to be bound to any such changes. It is important for the End User to periodically review our Legal Terms to ensure that acceptance remains informed.
By accessing this website, the End User is agreeing to be bound by these website Terms and Conditions. End-User is responsible for compliance with applicable laws and regulations. This service does not establish an attorney-client relationship. MOFA is not responsible or liable for actions taken by the Subscriber arising from having read this information or using our services. End Users are solely responsible for any civil and/or criminal liabilities.
The recipient of the service is advised to contact an attorney (or attorneys) for a formal consultation before executing. End-User are prohibited from using or accessing this site without agreeing to these terms of service.
The terms “us” or “we” opage layout, insert, or type) of MOFA without express composed consent.r “our” refer to MOFA, the owner of the Website.
A “Visitor” is someone who merely browses our Website but has not registered as a Subscriber.
An “End User” or “Subscriber” is an individual that has registered with us to use our Service.
Our “Service” represents the collective product/service functionality and features as offered through our Website to our Subscribers.
A “User” is a collective identifier that refers to either a Visitor or an End User/Subscriber.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Our Legal Terms shall be treated as though it were executed and performed in the State of California (United States) and shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles. In addition, the End User agrees to submit to the personal jurisdiction and venue of such courts. Any cause of action by the End User with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of MOFA under our Legal Terms shall survive the termination of our Legal Terms.
To use MOFA’s products and services users must be either 18 years or older, have achieved the legal age of majority in the jurisdiction in which they reside, or be 16 or older and have parent/guardian consent
By using the MOFA products and services users represent and warrant that they have the legal right to do so
Using the MOFA products and services requires end users to agree to the dispute resolution method and process stated in this agreement
End-User Authorization and Acceptable Use Policy (AUP)
Permission is granted to temporarily download one copy of the materials (information or software) on MOFA’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this, license End User may not:
Modify or copy the materials;
Submit fraudulent information or invalid ID;
Misrepresent or forge documents and/or identity;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on MOFA’s website;
Remove any copyright, violate any applicable intellectual property right, or other proprietary notations from the materials;
Transfer the materials to another person or “mirror” the materials on any other server;
Engage in behavior deemed to be illegal, harmful, and/or offensive;
Abuse the service offerings, including but not limited to, email, messaging, and network; or
Engage in reporting violations.
This license shall automatically terminate if the End User violates any of these restrictions and may be terminated by MOFA at any time. Upon terminating End User viewing of these materials or upon the termination of this license, End User must destroy any downloaded materials in End User possession whether in electronic or printed format.
In addition to the conditions listed above, a listing of offered products on the Website could be used only for lawful purposes by Users of the Website. End-User shall not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, insert, or type) of MOFA without express composed consent.
End-User may not use any meta tags or any various other “unseen text” utilizing MOFA’s name or trademarks without the express written consent of MOFA. End-User agrees not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of MOFA, in another way that is likely to trigger confusion among consumers, that disparages or challenges MOFA or its licensors, that dilutes the strength of MOFA’s or its licensor’s residential property, or that otherwise infringes MOFA’s or its licensor’s copyright rights.
End-User shall not abuse the Material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that MOFA develops to generate or show any Material of the pages making up the Site is likewise secured by MOFA’s copyright and End User may not copy or adjust such code.
MOFA has no duty to keep track of any products published, transferred, or connected to or with the Site. If the End User believes that something on the Website breaches these Terms, please contact MOFA at: [email protected]
If alerted by a User of any products which allegedly do not conform to these Terms, MOFA. may explore the allegation and take any action it deems appropriate – in compliance with the agreement and applicable law. The action may include the removal of the content. MOFA’s duties are defined by the scope of this agreement only. There are no other duties for efficiency or nonperformance.
Additional / Optional Features
Should MOFA introduce additional/optional features, they are incorporated into this Agreement by reference. End users should contact MOFA if any confusion or perceived conflict arises between features and this agreement
END-USER ACCOUNT MANAGEMENT DUTY (USE OF MOFA SOFTWARE, SERVICES, WEB PRESENCE, OTHER)
To access the MOFA products and services end users must create an account. End users have the duty of protecting any personally identifiable information, including but not limited to first and last names, credentials, or various other details of a personal nature (“Personal Data”) gotten from the Site. End-User disclosure of any Personal Data got from the Website might result in the immediate termination of the End User account. MOFA additional reserves the right to refuse service, terminate accounts and remove or edit Content at its sole discernment.
MOFA does not guarantee the truthfulness or representation, precision, or dependability of Content on the site, consisting of Personal Data. Each end-user is accountable for updating and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
MOFA works to provide optimal availability of its products and services. Availability may be limited or suspended for maintenance and/or to address attacks or other threats. MOFA operates in compliance with applicable law and standards for product and service delivery. If there is question(s), please contact [email protected]
MOFA SITE CONTENT
End users are solely responsible for any content entered – via the end-user account – into MOFA web presences, products, or services. MOFA retains the right to remove content that does not comply with the Authorized Use Policy.
Links to Other Websites
Our Website may contain links to third-party websites. These links are provided solely as a convenience to the End User. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. MOFA has no control over the legal documents and privacy practices of third-party websites; as such, the End User accepts any risks when accessing any such third-party websites.
End-User – Electronic Communication
End-User is connecting with MOFA electronically when accessing the Site or sending emails to us. End-User consents to get interactions online. MOFA may connect with the End User by email or by uploading notifications on the Site. End-User concurs that contacts, notifications, disclosure, and various other communications that MOFA provides to End User digitally are acceptable to meet legal requirements for written communications (consistent with applicable electronic signature law).
Compliance and Preservation
MOFA may retain or preserve certain information about end-user accounts, where indicated by law, regulation, policy, or standards applicable to compliance
MOFA owns all rights, titles, and interest in its products, services, and their delivery to end-users. End-users receive the limited license stated in this agreement (only)
MOFA owns all data regarding installation, registration, and use of its products, services, and their delivery to end-users. End users own the data entered for their account, subject to the compliance exceptions stated herein
Intellectual Property and Marks (Service, Trade, etc.)
MOFA retains all rights, title and interest in the intellectual property associated with its products, services and their delivery – unless stated otherwise. This includes trademarks, services marks logos, name, branding and any other application.
MOFA’s Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. End-user use of our Website does not constitute any right or license for End User to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
MOFA Website is also protected under the Copyright Laws in many jurisdictions. End users are prohibited from copying, redistribution, use or publication. End-User use of our Website does not grant End User ownership rights of any kind in our Website.
MOFA welcomes feedback and ideas that it may, at its discretion, consider for use in enhancing its offerings and service. Please contact MOFA at: [email protected]
At its discretion, MOFA may elect to offer certain content, products and services from third parties. If the end-user elects to use those offerings the end-user is responsible for complying with the terms and conditions. End-user understands that the third party is responsible for those offerings and for the performance of those offerings (not MOFA).
End-user is solely responsible for the full and timely payment of all fees associated with the use of MOFA offerings.
Both end-user and MOFA agree that any confidential information will be kept confidential and returned to the disclosing party, should such information be exchanged – either accidentally or intentionally. Confidential information shall be defined as non-public or proprietary information in any form disclosed by or on behalf of either party that is either marked “confidential” or that a reasonable party would deem to be confidential by the circumstances under which it is disclosed
The materials and products and services offered via the MOFA’s web presence(s) are provided “as is”.
MOFA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MOFA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
The website and all details, content, materials, products (including software application) and services consisted of on or otherwise made available to End User through this site are provided by MOFA on an “as is” and “as available” basis, unless otherwise specified in writing. Additionally, MOFA makes no representations or warranties of any kind, express or implied, about the operation of this site or the info, material, materials, products (including software) or services consisted of on or otherwise made available to the End User through this site, unless otherwise pointed out in writing. End-User expressly agrees that the use of this website is taken with the risks described.
To the extent permissible by applicable laws, MOFA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and physical fitness for a particular purpose. MOFA does not warrant that this website; details, content, materials, products (including software application) or services consisted of on or otherwise made available to End User through the site; its servers; or email sent from MOFA are without viruses or other harmful elements. MOFA will not be liable for any damages of any kind arising from the use of the site or from any details, content, materials, products (including software application) or services consisted of on or otherwise made available to the End User with this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing.
Revisions and Errors
The materials appearing on the MOFA website could include technical, typographical, or photographic errors. MOFA does not warrant that any of the materials on its website are accurate, complete, or current. MOFA may make changes to the materials contained on its website at any time without notice. MOFA does not, however, make any commitment to update the materials.
Limitation of Liability
Except where required by applicable law, MOFA’s maximum liability shall be the refund of the cost of the offering purchased by end-user
End-User will defend, indemnify, and hold safe MOFA, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content, (ii) End User use of any Content, or (iii) End User breach of the terms of these Terms. MOFA will provide notice to the End User promptly of any such claim, match, or case.
Any claim relating to MOFA’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions, and End User consent to exclusive jurisdiction and venue in such courts. Where appropriate, other laws and regulations essential to the performance of this transaction shall be applicable.
Any dispute that may not be brought in small claims court will be resolved through binding and confidential arbitration, at a place mutually convenient in the State of California. The arbitrator shall be a commercial arbitrator from the American Arbitration Association with experience in resolving commercial contract disputes – governed by the Commercial Arbitration Rules. If the parties cannot agree on a mutually convenient place, then the arbitrator shall select the place.
End-user understands that this arbitration clause means that the parties are agreeing to either go to small claims court or to arbitrate. Both parties are foregoing the option of going to a court and to having a trial before a judge and/or jury. This clause applies to the fullest extent allowed by applicable law.
If this dispute resolution clause is found to be unenforceable, either in part or in full, by a court of competent jurisdiction then parties agree that all legal proceedings will occur in the State of California.
End-users may not assign this agreement without MOFA’s written consent. MOFA may assign the agreement where allowed by law
End users represent that they are not named on any U.S. government denied party list, and that they will not permit access to MOFA products, services or delivery – should it be determined that Export Regulations apply
United States Government Restrictions
MOFA products, services, content and delivery are offered in full compliance with applicable Governing law and regulations.
The terms and conditions of this agreement are severable. Should any provision(s) be found unenforceable, the parties agree that all other terms and conditions survive and remain enforceable in full.
The waiver of a breach of any term does not bind a party to continue the waiver. Also, the waiver of any term will not be construed as a waiver of any other term or breach
Taken together this constitutes the entire agreement between the parties, superseding any other
AGREEMENT (after reading this legally binding document, to continue to use MOFA’s offerings please click “Agreement”)