Welcome to MOGOBOX.COM, MOGOVOTE.COM, and MOGOBOX.COM/MOGOBLOG!

THIS VERSION WAS LAST UPDATED ON June 14, 2016.

YOU MUST READ AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU MAY BECOME A MEMBER OF, PURCHASE FROM, OR OTHERWISE ACCESS OR VIEW MOGOBOX.COM, MOGOVOTE.COM, AND BLOG.MOGOBOX.COM. PLEASE READ THIS LEGAL DOCUMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THIS AGREEMENT TOGETHER WITH OUR Privacy Policy AND Return Policy SET FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND US. BY YOUR USE OR CONTINUED USE OF THE SITE OR ANY OF ITS RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN AND INCORPORATED INTO THIS AGREEMENT.

MOGOBOX.COM, MOGOBOX.COM/MOGOBLOG, and MOGOVOTE.COM is operated by MOGOBOX LLC. MOGOBOX.COM, MOGOBOX.COM/MOGOBLOG, MOGOVOTE.COM and MOGOBOX LLC may be referred to collectively as “MOGOBOX.COM”, “MOGOBOX”, “MOGOVOTE.COM”, “MOGOVOTE”, “MOGOSOCIAL”, “MOGOBOX.COM/MOGOBLOG”, “BLOG”, “MOGOBLOG”, “MOGONATION”, “Us”, “We”, “Site”, “Website” or “the Company”. By accessing or using our web site at www.MOGOBOX.com, www.MOGOBOX.com/MOGOBLOG, or www.MOGOVOTE.com, You (hereinafter “You” or the “User”) signify that You have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not You are a registered member of MOGOBOX, MOGOBOX/MOGOBLOG, or MOGOVOTE. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. In the event of any change or changes to these Terms of Use, the revised Terms of Use will be posted on this page and the date of the most recent revision will be displayed at the top of this page. Your continued use of the Service or the Site after any such changes will constitute Your acceptance of the new Terms of Use. If, for any reason You do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is Your responsibility to check the Site before each use to determine if there have been changes to these Terms of Use.

Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Use Void Where Prohibited
Although MOGOBOX.com, MOGOBOX.com/MOGOBLOG, and MOGOVOTE.com is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. Company reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product or service made in connection with the Site IS VOID WHERE PROHIBITED BY LAW. You are subject to the laws of the Jurisdiction (state and federal) in which You reside and/or from which You access the Site and the services provided.
Item Availability and Errors
(a) If an item is out of stock, MOGOBOX may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if MOGOBOX, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

(b) MOGOBOX’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. MOGOBOX makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. MOGOBOX reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

(c) MOGOBOX makes every effort to display product colors as accurately as possible. However, We cannot guarantee that Your computer monitor’s display of any color will be accurate.

Exclusive Use by Individual, Non-Commercial Users
(a) MOGOBOX.COM, MOGOBOX.COM/MOGOBLOG, and MOGOVOTE.com is exclusively for the personal use of individual users. The Website may not be used in association with any commercial endeavors, or for any other purpose. Organizations, companies, and/or businesses may not become members of this Website, and shall not use this Website or any of the services associated with the Website to transmit commercial messages, notices, advertisements, or other communications.

(b) Through Your continued use of this Website and its associated services You hereby warrant and affirm that You are not using the Website for any commercial purpose, You will not transmit commercial messages, and You will not assist any third party in transmitting commercial messages, advertising or otherwise using this Website or its associated services for any commercial purpose.

Electronic Communications and Notices
Except as explicitly stated otherwise, any notices you send to MOGOBOX shall be sent by mail to P.O. Box 6173, Diamondhead, MS 39525, USA. In the case of notices MOGOBOX sends to You, You consent to receive notices and other communications by MOGOBOX posting notices on the Site, sending You an email at the email address provided by You in Your account, or mailing a notice to You at Your billing address listed in your profile in Your account. You agree that all agreements, notices, disclosures, and other communications that MOGOBOX provides to You (whether by posting on this Site, email or U.S. mail) shall satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Grant of Limited Use
(a) In consideration of Your use of the Website, together with the representations, warranties, acknowledgments, and other agreements made by You, as set forth in this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to use the content, materials, and services contained in, at, or made available through or in association with, the Website solely for Your personal entertainment, and non-commercial use, during the period in which You maintain an User Account in good standing.

(b) You further acknowledge that the Company specifically prohibits You from doing any of the following acts, and You agree and warrant that You will not do any of these prohibited acts:

i. Permit others to directly or indirectly to access or use Your User Account;
ii. Modify, translate, reverse engineer, decompile, disassemble, any part of the Website, any Content or other Materials, or any feature or function available in, at, through or in association with, the Website (except to the extent applicable laws specifically prohibit such restriction);
iii. Harvest or collect any website data, email addresses or other contact information of other users for any reason;
iv. Send by electronic or other means any unsolicited emails or other unsolicited communications;
v. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
vi. Use automated scripts to collect information from or otherwise interact with the Service or the Site;
vii. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
viii. Register for more than one User account, register for a User account on behalf of an individual other than Yourself, or register for a User account on behalf of any group or entity;
ix. Impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
x. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
xi. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
xii. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, programs or other devices designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiii. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xiv. Use or attempt to use another’s User Account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
xv. Access or attempt to access administrative subdomains on the Site.

Trademarks
MOGOBOX, MOGOBOOKS, MOGOPOINTS, MOGOVOTE, MOGOBLOG, MOGOHUB, MOGOCART, MOGOBOT, MOGOSOCIAL, MOGONATION, MOGOXPERIENCE, MOGOEXPERIENCE, and other Company graphics, logos, designs, unique terms and definitions, page headers, button icons, scripts and service names are trademarks, or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the MOGOBOX website or service any materials that violate another party’s intellectual property rights. If You believe there is any material published, transmitted, stored, cached or linked on the Website that infringes upon any copyright that You own or control, please complete this form: DCMA notification.
Repeat Infringer Policy
Pursuant to the Digital Millennium Copyright Act (DMCA) and in accordance with the Online Copyright Infringement Liability Limitation Act (“OCILLA” or “17 U.S.C §512”) (and other applicable law), Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
MogoVote
MOGOVOTE Website is governed by all the Terms and Conditions as set forth for MogoBox. MogoBox LLC owns and operates MOGOVOTE.com and will be viewable to the general public at MOGOBOX’s discretion.

(a) MogoBox LLC will decide any discrepancies between MOGOBOX.com, MOGOVOTE.com, or MOGOBOX.com/MOGOBLOG.

(b) You understand that we have little control if any over the content, quality, safety, morality, legality, truth or accuracy of users content provided by users. Additionally, we have no control if users infringe on trademarks, patents, or other intellectual property rights. Please refer to other sections of these Terms and Conditions for more information governing the use of MOGOVOTE.

(c) MogoVote is a Website that lets users submit product(s) they want to purchase and/or ideas for feedback from the Mogo community of Users. MOGOVOTE is designed to facilitate and provide general market research data and information to individuals or entities that submit product ideas or information. However, selected User Submissions will further be developed by the Community and may ultimately be commercialized, produced, and sold by MOGOBOX.

(d) Mogovote uses the power of group purchasing to save you money. We go out and find suppliers, vendors, manufactures, and leverage quantities to get discounts that we pass along to our customers. The idea behind this type of purchasing is to combine the buying power of all our like-minded members and use volume purchasing. Mogovote is a five-step process for telling us the products you would like to purchase, but at discounted prices.

Step 1. Mention The Product
Submit info on the product you would like to purchase. In other words, tell us what you want to buy. The person who originally recommends the product, receives it FREE when tier 3 quantities are met. You only pay shipping!

Step 2. Open For Votes
Cast your votes on products that you have an interest in potentially purchasing (this does not commit you to buying any items, however, the more you help others get the products they want, the more people are likely to help you get the products you want).

Step 3. Comment (When Open For Votes)
Do you prefer that vibration speaker in a certain color? What about a certain brand? Offer suggestions on features, colors, brands, etc. for products that have been submitted into our online community. Communicate with others who are interested in the product you like to help us refine the products so you get what you want.

Step 4. MogoBox Team Vote
Our internal Mogobox committee selects from the products with the highest number of votes and will do the heavy lifting to go out and find quality products, negotiate deals, and then presale these products.

Step 5. Gauging Pre-sale
Pre-sale items are the items people like you have submitted into MogoVote and are currently awaiting a predetermined number of people to commit to purchase, before they are actually sold to you. These items have a time limit where they must either reach the predefined amount of purchases or they expire. Each presale item has 3-tiered pricing levels that are predefined and varies upon the quantity of people who commit to purchasing it. The more who commit to purchasing an item, usually the cheaper the item will become. You are not charged for these items until the product(s) meet the determined quantities and are ready to be shipped to you.

(e) MogoVote relies on people committing to the presale of items. To do so, we must have Your valid credit card information so that we can eliminate people who won’t purchase the item, thus driving up the costs for that item. You will NEVER be billed for any product unless it is ready to be shipped to you. This way if the time limit on a presale item expires before reaching the required minimum of people, you will not be billed. Presale items are never billed for an amount higher that what is currently stated at the time you agree to commitment of the item. The amount billed to you can only become less, never more.

(f) MOGOBOX LLC, solely at our discretion, will decide any discrepancies or disputes regarding User Submissions such as the maximum votes a submitted product receives or received. Users may withdraw a Product idea from evaluation at anytime prior to selection of that Product Idea by the Company. User must notify Company by email at CustomerService@Mogobox.com and Company must confirm receipt for the product idea to be considered withdrawn. Notice must be given in writing to Company. Company will make every reasonable effort to respond to email within 72 hours confirming receipt. If confirmation is not received, please call the Company and instructions will be given for sending notice to us in writing. Users may edit submissions by contacting Company.

(g) Company will decide, if any, product(s) that will be offered for sale. The Company may, at its sole discretion, take into account a variety of factors, including the User Submissions from the Mogo community to help us decide the product(s) to offer for retail or for development and/or commercialization, production, and sale.

(h) MOGOBOX, at our sole discretion, reserves the right to manufacture product(s) derived from User Submissions. Users understand that MOGOVOTE is an easy way of conducting market research. You understand that whether or not such User Submissions are published, You retain all of Your ownership rights in Your User Content. However, by submitting User Content to Company, You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MOGOVOTE Website and Company’s (and its successors’ and affiliates’) business, including without limitation, for promoting, developing, engineering, manufacturing, reproducing, distribution, development and/or commercialization, sale, and marketing the Website and/or product derived from the User Submission.

(i) An User who wants to conduct market research on a product idea (not an existing product), but wants to receive a royalty must in writing contact company at CustomerService@Mogobox.com to make arrangements for a waiver, should at the Company’s sole discretion, elect to commercialize the product idea. To qualify, the product idea must be an original work of art. Any known prior art must be divulged to Company. Any waiver and royalty (not to exceed 15%) Company agrees to provide will be given to User in writing. Company reserves the right at our sole discretion to nullify any such waiver with You, the User, in writing should Company change or elect not to commercialize the product idea at any time with any such ownership converting back to You, the User. Notice shall be deemed given by Company to You, the User, by email sent to the email address on file with the Company. If email address is invalid and/or returned to sender, Company has no responsibility to You, the User to pursue commercialization, production, sale, or any other commitment. You, the User, is responsible for maintaining accurate contact information in your account at MOGOBOX. In such an event, Company and User will hold each other in good faith and neither party shall be liable to the other party nor shall either party seek damages of any kind.

(j) Refer to Company Terms and Conditions for more information.

(k) MogoBox reserves the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use governing the Mogovote Website at any time. In the event of any changes to the MOGOVOTE Terms and Conditions, the changes will be immediately effective upon posting. The date of use will be posted on this page and or Terms and Conditions page and shall become immediately effective upon posting. Mogobox reserves the right, in its sole discretion, to suspend or cancel Mogovote at any time.

(l) By Your use or continued use of MOGOVOTE.com or any of its related services, You will be expressly signifying that You agree and are in compliance with any applicable federal, state, and local laws where you reside and the MOGOBOX’s Terms and Conditions of use and any other terms, conditions, or policies published on the MOGOBOX.com, MOGOVOTE.com and/or BLOG.MOGOBOX.com Websites. This PROGRAM is void where prohibited by law. You acknowledge and agree to abide by the Terms and Conditions as set forth in this document.

MogoPoints
(a) MogoPoints are a form of site currency redeemable only on MOGOBOX website purchases. MogoPoints are non-redeemable on MOGOVOTE. MogoBox LLC reserves the right to discontinue MogoPoints promotion at any time. We reserve the right to modify these terms at any time and without notice. To accumulate and redeem MogoPoints, You must create, and maintain in good standing, a MogoBox customer account registered with a valid credit card and/or PayPal account. MogoPoints received as a refund do not expire, unless advanced notice of not less than 24 hours is given. MogoPoints are non-transferrable and are not redeemable for cash.

(b) You may earn MogoPoints by participating in various activities and responding to certain offers provided by MogoBox, if any, at our sole discretion. To earn MogoPoints You must comply with the terms of the applicable qualifying activity. MogoBox may credit MogoPoints to Your account for returns or refunded purchases or other reasons within our discretion. MogoPoints may be purchased in various increments on MogoBox for use as gift cards/certificates and or promotional codes as MogoBox may offer and make available from time to time, solely at our discretion.

(c) You are responsible for ensuring that MogoPoints You earn or are awarded as credits are added to Your MogoBox account. MogoPoints may not appear in Your account for up to fourteen days or more if a qualifying activity must be validated. MogoPoints in Your account may at our sole discretion be allowed to accumulate or may automatically be the first form of credit to be applied towards future Mogobox purchases.

(d) Your MogoPoints cannot be resold. Your MogoPoints cannot be combined or merged with MogoPoints in any other account registered to You or another END USER. Access to MogoPoints or related account information may not be sold or distributed to others. You may not use any other END USER’s password or account to accrue MogoPoints for that account. Unauthorized or fraudulent use, resale, or distribution of MogoPoints is prohibited. Mogobox reserves the right to cancel, revoke, or otherwise prevent the issuance of Mogopoints in cases of mistake and in any suspected case of unauthorized or fraudulent use. MogoBox reserves the right to cancel MogoPoints or let points expire. MogoPoints cannot be applied toward shipping.

(e) MogoBox reserves the right to issue MogoPoints as store credit when an item is returned in lieu of a refund.

Shipping Fees and Delivery of Purchases
(a) All shipping fees published on the Site are for delivery within the forty-eight (48) contiguous United States, excluding Alaska and Hawaii. Delivery to locations outside of this specific area may incur higher shipping costs.

(b) Delivery times vary; therefore any time provided should be used as a guide and not as a guarantee. Company reserves all rights to engage third parties to satisfy its contractual obligations without notification to purchaser.

(c) Any damage to a purchase or its packaging as a result of transport is to be recorded at the time of delivery if possible, and reported to Company immediately, and in no event more than twenty-four (24) hours after delivery.

(d) All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed.

(e) Free shipping applies to only online orders of $75.00 or more at checkout. Any applicable taxes or value of gift cards/certificates do not apply to merchandise total. Once your order reaches $75, during checkout you will have the option of selecting free shipping. Free shipping is via standard ground service; upgrades do not apply. If you choose another shipping option, additional charges will apply. Shipping charges on previous orders will not be reimbursed. Cannot be combined with any other offers or promotions; MogoPoints are non-redeemable on qualifying purchases unless you choose another shipping option where shipping charges apply. Free shipping is valid on only one shipping address per order. This promotion is not valid on international shipments, MogoVote.com, and not valid on express shipping. Free shipping excludes heavy or bulk items. MogoBox reserves the right to cancel or modify this promotion at any time without advanced notice and in our sole discretion.

(f) Merchandise may be shipped separately, at our sole discretion. In these circumstances, multiple tracking numbers may be provided.

Returns and Cancellations
Users must contact customer service or complete our Orders and Returns forum to initiate a return. All returns are subject to our Return Policy, which is incorporated in its entirety into these Terms and Conditions.
Offers and Promotions
MOGOBOX may run special promotions and offers from time to time. Any special promotion run by Company shall only be valid if it is announced by Company on the Site or in an email newsletter. Certain promotions may only be valid for a limited time; such details will be announced at the time of the promotion or offer. Once the advertised time limit of any such promotion has been reached the promotion is also finished. Company reserves the right to cancel or terminate any special promotion or offer.
Third Party Websites and Content
The Site contains (or You may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site, Software or Content does not imply approval or endorsement thereof by us. If You decide to leave the Site and access the Third Party Sites, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Site.
Privacy
We care about the privacy of our users. Please review our Privacy Policy , which is incorporated in its entirety into these Terms and Conditions.
Disclaimers
(a) The Company is not responsible or liable in any manner for any User Content, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.

(b) The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any Disruption, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

(c) THE SITE, ITS ASSOCIATED SERVICES, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE FULLY ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVICES, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

(d) The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ONLINE SERVICE PROVIDERS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) INCURRED BY YOU OR ANY THIRD PARTY. IN ANY CASE, THE ENTIRE LIABILITY IMPOSED UPON THE COMPANY, THE SITE OR ITS SERVICES UNDER ANY PROVISION OF THlS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO THE COMPANY, OR U.S. $5.00.
Termination
The Company may terminate Your membership, delete Your profile and any content or information that You have posted on the Site, prohibit You from using or accessing the Service or the Site, and/or cancel any pending purchases for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that You have violated any of the terms set forth herein.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, You agree that the laws of Miami-Dade County, 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 the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with Your use of this Site or its Services other than in the state or federal courts of Miami-Dade, Florida, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida. The Company has the right, without notice and at it’s sole discretion to change the venue and jurisdiction to a state and federal courts of its choosing.
Indemnity
You agree to be personally liable, to indemnify and hold the Company, its affiliates, and their directors and agents, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, Software or Content You post or share on or through the Site, Your use of the Service or the Site, Your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Definition and Constructions
Unless otherwise specified, the terms “include”, “including”, “e.g.,” “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Entire Agreement
These Terms and Conditions of Use as well as the Privacy Policy and Return Policy constitute the entire Agreement between You and Company regarding the use of the Site and/or its Services, superseding any prior agreements between You and Company relating to Your use of the Site or its Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.