Terms and Conditions

THESE TERMS AND CONDITIONS (“TERMS”) OF MOXIE COMMUNICATIONS GROUP OF NY LLC CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE SITE OR SUBMITTING AN INQUIRY OR REQUEST FOR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE OR OBTAIN SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the use of the Company’s website and services (“Services”) through https://www.moxiegrouppr.com/ and any other Company-controlled website that links to these Terms (collectively, the “Site”), in addition to any other terms and conditions that may be applicable to any such transaction as provided on the Site or in any other agreement between you and Moxie Communications Group of NY LLC, its affiliates, successors, or assigns (collectively referred to as “Company”, “us”, “we”, or “our” as the context may require). These Terms are subject to change by the Company without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before using or requesting any Services that are available through the Site. Your continued use of the Site or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms apply generally to the use of all Services, including, but not limited to, the Site and the Company’s social media pages. By visiting, browsing, or using the Site or Services in any way, you accept and agree to be bound by these Terms, which form a binding agreement between you and the Company. You should also carefully review our Privacy Policy and any Cookie Policy or similar notice located on the Site before utilizing or requesting Services through the Site (see Section 10). All rights not expressly granted by the Company in these Terms are reserved.

Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only.

Prior to using the Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout these Terms. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your access and use of the Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at info@moxiegrouppr.com.

1. License for Services.

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, the Company grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own internal business or personal, non-commercial informational purposes, a right which may not be assigned or sublicensed to anyone. Any other use is strictly prohibited. You may not use the Services in connection with any unlawful commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services unrelated to the Company; or (ii) scraping, harvesting, or exploiting the Site or Services for competitive or other unauthorized commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Site for any purpose unless expressly authorized by the Company. We may, in our sole discretion, refuse to offer the Services to any person or entity, or change the eligibility criteria at any time. This license will remain in effect unless you violate these Terms, or this license is terminated by you or the Company. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service or any portion of the Site. The Company reserves the right to discontinue any aspect of the Site at any time. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Services.

2.  Your Submissions.

In connection with your use of the Site or Services, including through any “Become a Client” form, contact form, careers submission, or other inquiry mechanism on the Site, you may provide information, materials, or other content to the Company (“User Content” or “Submissions”). You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in the Company’s sole discretion). The Company may, in the Company’s sole discretion, block or remove any content that you submit, for any lawful reason, including if the Company determines that you have violated these Terms or that your conduct or content may damage the Company’s reputation or goodwill.

You are solely responsible for any and all content and information you submit to the Site or the Company. You agree that the Company, in its sole discretion, may terminate or suspend your use of the Site and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Site and Services. Accessing the Site or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Site or the Services.

The Company may block your email address and Internet protocol address to prevent further submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your access to the Site. After your access is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of deletion or removal of any information or content you submitted for any reason, such information or content may no longer be available. The Company shall not be responsible for the loss of such information or content.

3.  General Disclaimer.

THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES WITH RESPECT TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

4.  User Representations and Warranties.

In using the Services, you affirm that (a) any information you provide to the Company through the Site is true and accurate to the best of your knowledge, (b) you own or have the necessary rights to submit any materials, works, content, or information that you provide through the Site, and (c) your use of the Site and Services and any submissions made by you will comply with these Terms and all applicable laws.

5. User Content and Communications.

(a) The Company may offer you the ability to submit or post User Content through certain portions of its Services, including through contact forms, inquiry forms, application forms, social media pages, testimonial submissions, or other communication channels, provided such submission or transmission of User Content is in strict compliance with these Terms. For the purposes of these Terms, “User Content” means images, text, comments, reviews, testimonials, audio recordings, messages, documents, materials, feedback, and other content or information that you upload, post, submit, or otherwise transmit (collectively, “submit”) to the Services, the Site, or any Company social media page. If you notice any User Content that you believe to be in violation of these Terms, or spam, report it to the administrators at info@moxiegrouppr.com.

(b) You may not submit any User Content that: (a) infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (b) contains sexually explicit content or pornography; (c) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (d) advocates harassment or intimidation of another person; (e) exploits minors; (f) depicts unlawful acts or extreme violence; (g) contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); (h) depicts animal cruelty or extreme violence towards animals; or (i) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices. We do not, and cannot, pre-screen or monitor all User Content. However, the Company has the right (but not the obligation) to monitor your conduct and User Content submission on our Services and Site and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will the Company be liable for any of your User Content.

(c) You shall be solely responsible for any User Content submitted by you. We may access, preserve or disclose any of your information or User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, or engineering support; (iv) protect the rights, property or safety of the Company, its users, or members of the public or (v) to report a crime or other offensive behavior. The Company may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at the Company’s sole discretion. “Objectionable Content” includes, but is not limited to: (1) User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, (2) User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, (3) User Content that may harm minors in any way; (4) User Content that has the goal or effect of “stalking” or otherwise harassing another; (5) private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy; (6) User Content that is vulgar, offensive, obscene or pornographic, (7) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (8) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(d) As between you and the Company, you own all User Content that you submit to the Services, whether directly via the Services or indirectly (for example, via LinkedIn or other social platforms). However, it is important that you understand that by posting User Content to the Services or the Site or to Company social media pages, or by providing a review, testimonial, comment, or other submission intended for publication or promotion, you are granting the Company and its affiliates a worldwide, perpetual, irrevocable, nonexclusive, sub-licensable (through multiple tiers), royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from such User Content (including without limitation, your name and likeness, photographs, testimonials and reviews) for business, promotional, and other lawful purposes without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in such User Content to the fullest extent permitted by law.

For clarity, if you submit an inquiry, request for information, or other communication in connection with potential or actual Services, you grant the Company the right to use and process that submission as reasonably necessary to review, respond to, administer, and provide the Services, but not to publish your non-public inquiry content for promotional purposes unless you separately consent or the content is otherwise clearly intended for publication.

If you prefer that we do not use your reviews or testimonials for promotional purposes, please contact infor@moxiegrouppr.com. If you make suggestions concerning improving or adding new features to the Services, the Company shall have the right to use your suggestions without any compensation to you. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content and grant the licenses set forth above; (ii) the Company will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with these Terms and all applicable laws.

6. Third Party Content and Services.

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by the Company, including third-party social media platforms. The Company has no control over, and assumes no responsibility for, the content, terms, privacy policies, or practices of any third-party websites, platforms, or services, including their privacy and data gathering practices. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve and release the Company from any and all liability arising from your use of any third-party website, platform, or service.

7. Sale of Services; Order Acceptance.

You agree that any inquiry, request, proposal acceptance, or other communication regarding Services constitutes a request to engage the Company for Services, subject to these Terms and any separate written proposal, statement of work, invoice, engagement letter, or other agreement that may apply. Availability of Services cannot be guaranteed. The Services and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to correct any errors or omissions.

No contract for Services will be formed unless and until the Company has accepted your request in writing, whether by written confirmation, proposal, statement of work, engagement letter, invoice, email confirmation, or other written communication, or the parties have entered into a separate written agreement for Services. The Company may choose not to accept any request for Services in its sole discretion.

8.  Prices and Payment Terms.

(a) Any prices, rates, fees, or service descriptions posted on the Site are subject to change without notice unless otherwise expressly stated in a separate written proposal, statement of work, invoice, engagement letter, or other written agreement. The fees charged for Services will be the fees set out in the applicable written confirmation, proposal, statement of work, invoice, or other written agreement between you and the Company. We are not responsible for typographical, pricing, or other errors in any offer by us and reserve the right to correct such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be made in accordance with the applicable invoice, proposal, statement of work, engagement letter, or other written agreement. To the extent you provide payment information to us in connection with any Services, you represent and warrant that (i) such information is true, correct, and complete, (ii) you are duly authorized to use the applicable payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the agreed rates, including all applicable taxes, if any.

9. DISCLAIMERS AND LIMITED WARRANTY.

We provide the Services without warranty on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE SITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR ITS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE COMPANY SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.

We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, the Company makes no representations or warranties: that the Services are suitable for you; regarding the adequacy or safety of the Services for any particular user; that the Services will meet your personal needs; that the Services will be permitted in your jurisdiction; that the Services will be uninterrupted or error-free; concerning any content submitted by any user; concerning any third party’s use of content that you submit; that the Company will continue to support any particular feature of any Services; or concerning sites and resources outside of the Services, even if linked to/from the Services.

The Company reserves the right to modify the Services. The Company shall not be responsible for providing access (e.g., computer, mobile device, Internet connection, etc.) to the Services. The Company has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with these Terms or is suitable for all users. The Company shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view the Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in these Terms. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

What can you do in case of a dispute with us?

The arbitration procedure detailed in Section 17 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

10. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy, [INSERT PRIVACY POLICY URL], and any Cookie Policy or similar notice posted on the Site govern the processing of personal information collected from you in connection with your use of the Site and your request for or use of Services.

When you submit an inquiry or otherwise communicate with us using email, Site forms, or other communication channels, you agree that we may send you communications relating to your inquiry, our Services, and related administrative or service matters. You may also receive marketing or promotional communications from us only where you have separately requested, consented to, or otherwise may lawfully receive such communications.

The Site may also use cookies and similar technologies, including log files, cookies, web beacons, pixels, and analytics tools, to the extent described in our Privacy Policy, Cookie Policy, or similar notice posted on the Site.

11.  Limitation of Liability.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED GIVING RISE TO THE CLAIM, OR, IF NO AMOUNT WAS PAID, ONE HUNDRED U.S. DOLLARS ($100), NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and/or access to the Site and the Services, (ii) your User Content or Submissions, and (iii) your violation of these Terms or any other terms, instructions, directions or agreements concerning or relating to the Site or Services, by you or by anyone under your control. This defense and indemnification obligation will survive these Terms and your use of the Site and Services.

13.  Intellectual Property Use and Ownership. You acknowledge and agree that:

(a) The Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Site.

(b) Any references on the Site or in the Services to “sell,” “sale,” “purchase,” “price,” or similar terms refer, as applicable, to the provision of services, invoicing, or a limited license or right to access or use the Site and Services, subject to the terms, conditions, and restrictions contained herein and in any separate written agreement governing the applicable Services.

(c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Service made available on the Site and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Services made available through the Site, or of any intellectual property rights relating to those Services.

(d) The Moxie name, logos and affiliated branding, materials, and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Site and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

14. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.

15. Governing Law, Venue and Jurisdiction.

To the extent the parties are permitted under these Terms to initiate litigation in court, these Terms shall be governed by and construed in accordance with the internal laws of the State of New York, United States of America, excluding New York’s conflicts of laws principles. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. You and the Company hereby consent to submit to the jurisdiction of the federal and state courts sitting in New York County, New York for any actions, suits or proceedings arising out of or relating to the Company’s Services, including these Terms, that are not subject to the Arbitration Agreement.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

16. [Reserved.]
17. Arbitration Agreement; Class Waiver; Jury Waiver.

(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF SERVICES, THE SITE, OR THESE TERMS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR OTHER PERSONS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

18. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

19. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 the Company.

20.  No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

21. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Moxie Communications Group of NY LLC, 389 Ridgewood Ave, Glen Ridge, NJ 07028. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

22. Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

23. Entire Agreement.

These Terms and our Privacy Policy, Cookie Policy, and any other policy or notice expressly incorporated by reference will be deemed the final and integrated agreement between you and us on the matters contained in these Terms with respect to the Site. Any separate written agreement between you and the Company governing Services will control in the event of any conflict as to those Services. The Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

24.  Written Document.

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.