Last updated on February 17, 2012.
The lawyers require us to use language that is legally responsible, but we want you to be able to actually read and understand our terms. To that end, you’ll find the official legal explanation, followed by a simple English translation. Please note, however, you’re legally bound by the official legalese version, NOT the translation. If there’s something you don’t understand, please contact us or your own attorney for clarification.
The website located at www.mojolive.com (the “Site”) is a copyrighted work belonging to Mojo Unlimited (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Translation: We built this awesome site for you, but we own it and at the end of the day, we make the rules. So, play by the rules below so we don’t have to bounce you.
Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by sending us an e-mail request to do so at email@example.com. Company may suspend or terminate your Account in accordance with Section 8.
Translation: You can’t use mojolive.com unless you sign up and provide at least some basic info. If you do sign up, we expect you to give real information, and to play by the rules. You can delete your account at any time, for any reason, by sending us an e-mail request to do so at firstname.lastname@example.org (we thought that sentence was actually pretty self-evident). Mojolive.com can also delete your account or otherwise prevent you from participating, if (as detailed in section 8), you don’t play the rules. Please don’t make us do that.
1.1. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Translation: Your login information is your business. If you give your password out to other people, or write it down and leave it on a napkin at Starbuck’s, you’re responsible for the consequences. As soon as you realize your password’s been compromised (e.g., you’ve been hacked or your ex snuck in and changed all your info), you need to let us know by emailing email@example.com, otherwise you’re responsible for whatever’s done under your name.
2.1. License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
Translation: As long as you agree to play by the rules, have at it. But we’ve permitted you and only you to have and access this account for your own personal use. If you try to sell it, give it to someone else, or otherwise do something with it that isn’t permitted by this agreement, we can and probably will take it away.
2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
Translation: What happens in mojolive.com, stays in mojolive.com - and belongs to mojolive.com. You can’t use it outside the mojolive.com system – period. Not on your personal website, not on youTube…nowhere else but mojolive.com. Sure, you can use your own personal information (e.g., resume info, achievements, nicknames, etc.) any way you want, but if it’s part of the mojolive.com system, design, operation, etc., keep yer mitts off.
Although we know it’s tempting to prove you’re a rockstar hacker, or that you can figure out what the special sauce is that makes up the mojo score, you’re not allowed to do it. While we highly encourage free enterprise, we respectfully ask that you not come into our site just to get insight to try to make a competing product. Use it because you like it! And just because we add something after these terms are written and agreed to, doesn’t mean it’s not covered here. If it’s on the mojolive.com site, it falls under these terms. This includes the current version and all future versions, updates, add-ons, and new features unless there’s a notice explicitly saying otherwise.
2.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Translation: Technically, we have the right to pack up our toys and leave the sandbox. Although we certainly don’t plan to go anywhere, sometimes things just happen, and sometimes we just feel it’s best to change something about the site, which might include shutting down some area or functionality. We understand it could be inconvenient and we’ll try to be nice about it, but technically, we don’t have to tell you ahead of time, and we aren’t on the hook for any issues you may have as a result.
2.4. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
Translation: Honestly, we’re nice people and we’re going to try to help you as much as we can. But technically, we don’t have to. Just sayin’.
2.5. Ownership. 5. Excluding any User Content that you may provide (defined in Section 3.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Translation: Except for your own personal information that you’ve entered into the Site, we own everything else about mojolive.com. Just ‘cause you’re using the site doesn’t mean the stuff in it is yours to do anything with other than what’s expressly permitted in the course of using the Site.
3.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You herebyrepresent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
Translation: If you put it out there on mojolive.com, it’s user content, and it’s your responsibility if anything happens with or because of that content. With the exception of a username, password, and e-mail address for signup purposes, everything else you can enter in the site is entirely optional, and you enter it at your own risk. If you don’t want people to know your gender, birthplace, age, or favorite weekend activities, don’t put that information on the site. If you DO include those things, that is your decision and any consequences are yours to bear alone. Mojolive.com doesn’t claim any of your information, nor do we give any kind of “mojolive.com stamp of approval” certifying it in any way, so don’t go claiming you’re mojo-approved. Also, although we don’t foresee intentionally losing or deleting your data without telling you ahead of time, technically, we can, so if you want to find a way to keep a backup copy of your data, go ahead.
3.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform and otherwise use your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Translation: If you’ve put it in the site, we can use it in the site. Anything you’ve entered becomes User Content; any User Content is free game for use within mojolive.com by mojolive.com for mojolive.com purposes. No, we can’t just wave it around all over the internet to use any way we want anywhere else, but within the mojolive.com domain and the supporting systems, we can use it for any aspect of the system, even as we make changes, additions, and updates.
3.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
3.3.a. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
Translation: You agree to play nice, and not do anything illegal on mojolive.com. Whether or not you like them or agree with them, copyright, trademark, patent, intellectual property, etc. laws exist, and you cannot violate them here on mojolive.com without risk of penalty, which will include, at a minimum, termination of your mojolive.com account and reporting you to the appropriate authorities. Plus, all other laws apply, including and especially those that exist to protect people from being bullied, stalked, or otherwise harmed physically or psychologically. If you can’t play nice with other people on the site, you can’t play on mojolive.com. We take this stuff very seriously, particularly when it comes to protecting children, so please know that we won’t hesitate to yank you off the site immediately if we have any reason to believe these laws are being violated.
3.3.b. b. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Translation: You also need to play nice with mojolive.com itself, as well as the other people who use the site. No hacking, no viruses, no denial-of-service attacks…no ruining the experience for everyone else. This is a site for you to showcase your professional self, not to sell stuff, spam people, mine their data, pester them, or otherwise be a pain in the neck. Doing so will get you terminated from the site, and then we’ll come after you with stinky gym socks and make you rue the day you messed with us. Okay, maybe not, but we WILL take you out of the system and prosecute to the fullest extent of the law, where applicable.
3.4. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
Translation: Basically, while we don’t plan to sit around poking into people’s information looking for bad stuff, we technically can, and if we think there’s reason to suspect foul play, we absolutely will. If we find you haven’t played nice, have put mojolive.com or any of its employees or users at risk, or violated any laws of any kind, we can and will shut down your account and report you to the appropriate authorities.
3.5. Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Translation: We welcome and encourage your feedback, but once you give it to us, it’s ours to do with it what we please. If you share a really great idea with us, we can implement it and we don’t have to give you any kind of credit. If you have a really great idea you’re going to want credit for—or a really bad idea you don’t want associated with your name—don’t share it via the site’s Feedback feature(s).
4. Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Translation: We are not responsible for anything that happens as a result of you having entered information on the site or anything you do on the site, or anything anybody else does on the site or with your information. It’s also not our fault if you’ve violated these Terms or any laws, so any consequences resulting from you having broken the rules are yours to bear alone. If we get sued by someone else as a result of something you’ve entered or done on mojolive.com you agree to defend us and reimburse us for all costs related to that lawsuit. But, we may choose to defend ourselves at your expense. If you defend us, you can’t just go ahead and settle without consulting us and getting our written agreement. By the same token, we will make a reasonable attempt to let you know if we become aware of some kind of legal action regarding mojolive.com that you will need to defend and reimburse us for.
5.1. Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Translation: Sometimes, stuff from other companies may show up on mojoLive, like ads and links to other websites not under mojoLive’s control. We allow it because they’re things that we think are of benefit to you, but that doesn’t mean we have any control over their content or legitimacy. Just because you see another company’s ad or link on our site doesn’t mean we endorse them or guarantee their product in any way. If you choose to click on any of those links or ads, you do so at your own risk. Once you leave mojoLive.com, you’re at the mercy of the company whose link you followed, and their terms and policies take over. Just because a link is available to you doesn’t mean you should click it – if you’re not sure about a company or a link, don’t click on it, or at least do some homework about them first, because we’re not liable for whatever happens once you click that link or ad.
5.2. Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Translation: Not only are you responsible for whatever content you put on the site under your name, but every other user on the site is held to the same standards. So, mojolive.com is not responsible for anything anybody else says or enters on the site any more than we are for what you say or enter. We don’t claim that anybody’s information is accurate or good, and any actions taken by, between, or among users are their business and not our problem. While we might pursue violations of our Terms and of applicable laws as we become aware of them, we are not obligated to intervene in disputes between users, including (but not limited to) your conversations, ratings of each other’s profile items, or arguments about whose alma mater has the better football team. And we’re not paying your wager if you lose the bet (or any other damages incurred as a result of your activity on mojolive.com).
5.3. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Translation: This pretty much says you can’t sue us, ever, for anything that happens as a result of your use of mojolive.com. Even if you live in California.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Translation: While we want mojolive.com to be awesome and available to everyone, technically, it doesn’t have to be. We don’t promise that it will be awesome or available, and we certainly can’t guarantee anything about what’s here, whether you’ll be able to access it on any given day, that it’ll be bug and virus-free, or that it will do all the wonderful things you dream it might do.
IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
Translation: We’ve said it before but we’ll say it again: you use mojolive.com at your own risk. We aren’t responsible for anything you enter here, or anything that happens as a result of you participating in the site. We’re not going to pay you for anything that goes wrong, whether it was because of data you entered or because our site was down on an important day or what. If you catch a computer virus from using our site, that totally sucks, but we said up front that we couldn’t guarantee that you wouldn’t, so don’t try to hold us responsible for it. Sometimes, stuff just happens when you do business on the internet.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Translation: In the unlikely event that you do manage to convince us or a court that we were in some way responsible for something bad that happened to you as a result of your participating in mojolive.com, our liability is limited to (we won’t pay you more than) $50.00 US, even if you have more than one successful claim. And don’t think you can go after other companies that work with us; they’re not liable even if we are.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Translation: In the event that you’re lucky enough to live in a place that’s enacted a law prohibiting this particular kind of disclaimer, bully for you! But you’re responsible for figuring that out with your attorney.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2-2.5, 3 –10.
Translation: As long as you use mojolive.com, you’re bound by this agreement and all its terms. As previously mentioned, we can close down your account and your ability to use mojolive.com at any time, especially if you don’t play by the rules. If we do close your account, anything you’ve entered into the site can and probably will be deleted, and we’re not responsible for any inconvenience or trouble that causes you.
9.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Translation: We can change this stuff up from time to time, but we’ll make reasonable efforts to notify you if we change anything important, and if you’re already a user, you’ll have about 30 days before the changes go into effect from the time we first post a notice that they’re happening (new users will find the new practices in place immediately). If you want to be sure you don’t miss anything, check the site frequently and make sure we have current contact information for you, because it doesn’t help you if we’re sending notices to your college e-mail that hasn’t been active in three years because you haven’t given us an updated address. Legally speaking, if we made an effort to contact you with the last information you provided us, it counts, so you can’t claim we didn’t try. So let’s just skip the whole mess; keep your contact info up-to-date in mojolive.com and check our site for notices.
9.2.a. Governing Law and Venue. This Terms shall be governed by the laws of the State of Maryland without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site (a “claim”) must be brought in a federal or state court located in Montgomery County, Maryland and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
Translation: In the land of Internet Law, we—and all who use the mojolive.com site and its services—are bound by the Maryland. Any lawsuits need to be heard by a court in our home county- Montgomery County, Maryland. That said, if we need to protect our mojo (which in this case is our proprietary company information, including but not limited to intellectual property), we can go to any applicable court in the land to get an injunction to stop you from messing with our mojo.
9.2.b. Contact Company First. If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Company regarding our Site by emailing firstname.lastname@example.org.
Translation: In spite of how harsh and unfriendly this whole legal spiel sounds, the reality is that we like you and we want to help you if at all possible. In fact, most of these rules are as much for your own good as they are for ours, and as long as you play nice and follow the rules, we shouldn’t have any trouble. But if we do, we’d like an opportunity to resolve it with you first, before involving the lawyers, the courts, the media, and the Kardashian sisters. If you’ve got a problem with mojolive.com, any of the content there in, or the service we’re providing you, please tell us and give us a chance to fix it. We will do what we can to resolve your issue or point you to a way to resolve it yourself. Please contact us at email@example.com, or at [12 South Summit Ave., Ste. 319. Gaithersburg, MD, 20877 USA] and let us give it a shot.
9.2.c. Alternative Dispute Resolution. For any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Translation: If we can’t manage to work it out with you and you’re suing us for less than $10,000, we can try resolving the problem through arbitration. As long as the arbitration provider is a reliable, nationally-recognized arbitrator (and not your Uncle Vinnie) and we don’t have to make any personal appearances to resolve the case (we’re all busy, so let’s not waste time staring across an ugly conference room table at each other), then we should be able to work out a legally-binding arbitration.
9.2.d. Improperly Filed Claims. All claims between you and Company must be resolved in accordance with this Section 10.2. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Company may recover attorneys’ fees and costs up to $1,000, provided that Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Company file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified Company in writing of the improperly filed claim, and Company fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
Translation: If you are going to sue us, best do it according to the terms laid out here in 10.2, otherwise you could end up paying additional money to re-file your claim properly. On the other hand, we’re bound by the same rules and if we don’t file properly, it could cost us extra money. But basically, if either of us screws up this section, we just need to fix it quickly and start over, the right way.
9.3. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
Translation: This set of Terms and Conditions, in its entirety, is the Law of the Land at mojolive.com, and at the end of the day, it’s what reigns, even if we haven’t been sticklers about enforcing it at every turn. The section headings are just window dressing; you’re legally bound by the words within the sections; likewise, you understand that “including” means “including but not limited to,” even when we didn’t explicitly say it. If a portion of this agreement is found unenforceable, it doesn’t negate the whole enchilada, just that section. And by agreeing to these terms, you’re not agreeing to becoming any part or agent of mojolive.com (or vice versa); you’re still you, independently operating, but agreeing to play by our rules while on our site. You can’t hand the agreement off to someone else to use in your stead; it’s for you and only you, for as long as you maintain an account with mojolive.com.
9.4. Copyright/Trademark Information. Copyright © 2013, Mojo Unlimited. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Translation: Our mojo is our mojo, and you can’t have it. Please don’t use “mojolive.com” or any of its trademarks, logos, etc., without asking us first and getting our express, written agreement. Thank you.
9.5. Contact Information:
Address: Mojo Unlimited, Inc., 12 South Summit Avenue, Suite 319, Gaithersburg, MD 20877
Telephone: (240) 257-6656
Last revised on: February 17, 2012