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MOXIETUDE TERMS OF USE

LAST UPDATE: March 29, 2012

Welcome to Moxietude.com! Moxietude partners with organizations to provide the technology and the marketing tools necessary to conduct successful and smart online fundraising campaigns. We understand the challenges faced by any group trying to raise funds – limited time, scarce resources and tireless volunteers whose time must be used wisely. I like your Moxietude!™

Before using our website, please read our Terms of Use. By visiting or using Moxietude.com and any of our organization-specific web pages, you accept these Terms of Use.

CHANGES TO TERMS OF USE

If we make changes to our Terms of Use, we will notify you by posting on our main web page and other pertinent places, a notice of the change. We reserve the right to change these Terms of Use at any time, so please review it on a regular basis. All changes made are effective immediately upon notice. After such notice, your continued use of Moxietude.com will be deemed acceptance of the changes. If you do not agree with the changes, you must immediately cease participation in the program.

USE BY CHILDREN

Moxietude was founded specifically with the mission to enhance the lives of children by helping organizations like PTAs and schools raise funds with our hassle-free program. We are strongly committed to the safety and security of children. Therefore, we encourage the use of Moxietude.com by adults. By using Moxietude.com, you represent that you are at least eighteen (18) years old and are legally able to accept these Terms of Use. If you are under 18, Moxietude.com is only to be used with the involvement of a parent or guardian. As a parent or legal guardian, it is your sole responsibility to determine whether any of the services and content on Moxietude.com or any of our participating retailers’ websites is appropriate for your child.

COPYRIGHT

All content on this website including text, graphics, logos, trademarks, icons, images, designs, characters, brand identities and all other intellectual property is the property of Moxietude, LLC or its content suppliers and is protected by United States copyright laws. All software used on Moxietude.com and its web pages are the property of Moxietude, LLC or its software suppliers and are protected by United States and international copyright laws.

TRADEMARKS

Moxietude.com logos, graphics, names, icons, and buttons are trademarks or trade dress of Moxietude, LLC. Moxietude’s trademarks and trade dress may not be used in any manner or connection with any service or product that is not affiliated or owned by Moxietude, LLC. The misuse or modification of Moxietude trademarks or any other content on this website is strictly prohibited. All other trademarks not owned by Moxietude, LLC that appear on Moxietude.com web pages are the property of their respective owners. Trademarks and content available on or through other websites accessed through Moxietude.com may be protected by copyright and United States or international intellectual property laws. Moxietude has no responsibility or control of content on other websites that you may access through Moxietude.com. The terms of use of those websites govern your use of their content.

USE OF WEBSITE

Moxietude grants you a limited license to access and make personal use of the Moxietude.com website. Moxietude grants you a limited, non-exclusive and revocable right to create a hyperlink of the web pages of Moxietude.com as long as the link does not portray Moxietude or its Program in a false, misleading, derogatory or offensive manner. You may not use the Moxietude logo or any other proprietary trademarks as part of the hyperlink without expressed, written permission from Moxietude. Any unauthorized use terminates the limited license or permissions granted by Moxietude.

COPYRIGHT CONCERNS

Moxietude takes intellectual property rights very seriously. If you believe that your material has been copied in a way that constitutes copyright infringement, please contact Moxietude in writing. Please include in your correspondence a description of the copyrighted work that you claim has been infringed upon, a description on where the material is located on the website and your contact information including name, address, telephone number and email address.

AFFILIATED RETAILERS

Moxietude relies on our affiliated retailers to help make our Program a success. We provide the links to these affiliated retailers and are not responsible for the examination or evaluation of, nor do we warrant the products and services of, any of our affiliated retailers or the content of their websites. Moxietude assumes no liability or responsibility for their policies, actions, products or content. We ask that you review the affiliated retailers’ privacy policies and terms of use.

PRIVACY POLICY

Moxietude takes your privacy very seriously. Our Privacy Policy explains our practices relating to the collection and use of information. Please read and understand our Privacy Policy so that you may make an informed choice regarding your privacy.

DISCLAIMER

MOXIETUDE.COM AND ALL CONTENT, MATERIALS, INFORMATION AND SOFTWARE ARE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. MOXIETUDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE CONTENT, MATERIALS, INFORMATION AND PROGRAMS ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

WE DO NOT WARRANT THAT THE WEBSITE, ITS WEB PAGES, CONTENT, MATERIALS, SOFTWARE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR FREE OR UNITERRUPTED. MOXIETUDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE AND HOWEVER CAUSED, INCLUDING USE OF MATERIALS, INFORMATION AND SOFTWARE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY PORTION OF THESE LIMITATIONS ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MOXIETUDE AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

BY VISITING MOXIETUDE.COM, YOU AGREE THAT APPLICABLE FEDERAL LAW AND THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF USE AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND MOXIETUDE.

CONTACT

If you have any questions regarding these Terms of Use, please email us at contact@moxietude.com or by mail:

Moxietude, LLC
5379 Lyons Road #406
Coconut Creek, FL 33073
Attn: Terms of Use