These terms of use ( “Agreement”) apply to any website owned by Mosswall Technologies LLC, including www.baqagenie.com and mosswalltechnologies.com, unless otherwise stated on such website (collectively, the “Website”). By using the Website, you agree to the terms of this Agreement, as may be amended from time to time. If you do not agree to these terms, you should immediately stop using the Website.
The right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes and pursuant to the terms and conditions of this Agreement. The Website is not intended for persons under the age of eighteen (18).
By accessing and using the Website (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which Mosswall Technologies, in its sole discretion, may make in the future.
Any action by you that, as determined by Mosswall Technologies, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the Website shall not be permitted. Any such action, or any other conduct that Mosswall Technologies determines in its sole discretion to be unacceptable may result in your loss of the right to access and use the Website.
Images or videos of people or places displayed on the Website are either the property of, or used with the permission of Mosswall Technologies. The use of these images or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Website. Any unauthorized use of the images or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Website and their respective logos are owned by Mosswall Technologies or a third party. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Mosswall Technologies or such third-party owners of the Trademarks. Any use of third-party Trademarks on the Website is done either by permission of the Trademarks’ owners or is subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting Mosswall Technologies any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Website, or any other content on the Website is strictly prohibited. Mosswall Technologies reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
The data and content contained on or downloaded from the Website (collectively, the “Content”) are copyrighted by Mosswall Technologies or third parties. Mosswall Technologies also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Subject to your compliance with this agreement, you may access, view, download, or print a single copy of the Content for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials on the Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use of the Content is permitted without the express prior written permission of Mosswall Technologies or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of Mosswall Technologies intellectual property or any other harm incurred by Mosswall Technologies as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
If you make any submission to or communications on the Website, you automatically grant, or warrant that you and/or the owner of such content has expressly granted to Mosswall Technologies, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content material in any media or medium, or any form, format or forum now known or hereafter developed. Mosswall Technologies may sublicense its rights through multiple tiers of sublicenses.
MOSSWALL TECHNOLOGIES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
You shall defend, indemnify and hold harmless Mosswall Technologies, its subsidiaries and other affiliates, and each of their respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of the Website.
The Website may contain links to other websites. Mosswall Technologies is not responsible for the availability of these external websites nor does Mosswall Technologies endorse the activities or services provided by these Website. Under no circumstances shall Mosswall Technologies be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external website.
Mosswall Technologies respects your privacy. The collection and use of your information in connection with the Website is governed by our Privacy Statement.
This Agreement is for the benefit of Mosswall Technologies, its subsidiaries, other affiliates, and third-party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf. No other third-party rights are provided under this Agreement.
Mosswall Technologies reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on the Website.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access to and use of the Website following the posting of any such changes shall be deemed your acceptance of the same.
You acknowledge that Mosswall Technologies may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Mosswall Technologies shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of this Agreement.
Any action or proceeding arising out of or relating to this Agreement or your use of the Website shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such courts and waive any objection to the setting of the venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Mosswall Technologies from time to time, shall survive your acceptance of this Agreement.
THE CONTENT IS BEING PROVIDED TO YOU ON AN “AS-IS” BASIS. MOSSWALL TECHNOLOGIES DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
MOSSWALL TECHNOLOGIES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE IS FREE OF DEFECTS OR MALWARE. YOU AGREE THAT ACCESSING THE WEBSITE OR DOWNLOADING CONTENT IS AT YOUR OWN RISK.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON THE WEBSITE.