Terms of Service

This Mojowiz User Agreement, (the "Agreement") is entered into by and between the company or individual specified during this online registration process ("User") and Teknatus Solutions LLC, a Delaware limited liability corporation with its registered address at 3500 South Dupont Highway, Dover, DE 19901, U.S.A. ("TSL") for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Capitalized terms are defined throughout the Agreement.

The policies, terms and conditions below limit Mojowiz's liability and obligations to you and allow Mojowiz to change, suspend or terminate your access to and use of Mojowiz. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere within Mojowiz. The policies and rules located at Mojowiz Rules & Policies or made available elsewhere on the Site (collectively, the "Policies") are incorporated into this Agreement by reference and provide additional terms and conditions governing your use of Mojowiz. The Policies include but are not limited to the following: the Billing and Payments Policy; Community Forums Policy; Community Forums Usage Policy; Dispute Resolution Policy; General User Obligations; Guidelines on Enforcement of Policies; Mojowiz Community Values; Job Openings and Applications Policy; Policy on Managing and Working on Assignments; Privacy Policy; and Ratings and Feedback Policy. To the extent that there are any conflicts between the terms or conditions in such Policies and this Agreement, the terms and conditions of this Agreement will govern.

YOU UNDERSTAND THAT BY Checking the box and clicking the "Submit" button, BY USING MOJOWIZ (INCLUDING ANY CONTENT PROVIDED THEREIN) OR YOUR MOJOWIZ ACCOUNT, HAVING ANY FORM OF COMMUNICATION WITH A BUYER OR PROVIDER OR BY POSTING ANY ASSIGNMENTS VIA MOJOWIZ, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT (INCLUDING THE INCORPORATED POLICIES). IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE MOJOWIZ. IF YOU AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

READ THE TERMS OF THIS AGREEMENT CAREFULLY. YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY AND INDICATING YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.

LICENSE TO USE. Teknatus Solutions LLC ("TSL") grants you a non-exclusive and non-transferable license for your use of the accompanying TSL software (collectively, the "Software").
HOSTED SERVICE: TSL will provide the Software in conjunction with a Hosted Service. TSL will use commercially reasonable efforts to provide the Hosted Service to you during the term of this Agreement. You agree that TSL may serve advertisements ("Ads") in connection with the Hosted Service and in-stream with associated Social Networks.
DATA STORAGE AND USE: TSL will only retain information received as part of providing the Hosted Service for use in improving its analytics, parsing and scoring engine. No personally identifiable information such as name, title, e-mail address or complete phone will be retained in aggregated statistics. For providing personalized statistics, TSL will be required to retain informations such as name, username, e-mail address.
REGISTRATION. Registration for the use of the Software is required to use the full features of Mojowiz. Any information submitted through our registration form is saved in a customer database used to provide you with technical support and services related to Mojowiz.
By registering this software, you are opting into TSL's email list. Each email you receive will give you the option to opt out of the list at any time.
TSL will not share this information with a 3rd party. The list is maintained solely to notify you about special deals and/or offers regarding our products and services. If this policy changes, you will receive notification via email and you will have the option to opt out.
LIMITED WARRANTY. Software is provided "AS IS".
DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TEKNATUS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF TEKNATUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TEKNATUS' LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR SOFTWARE UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
RESTRICTIONS. The Software is confidential and copyrighted. Title to the Software and all associated intellectual property rights are retained by TSL and/or its licensors. No right, title or interest in or to any trademark, service mark, logo or trade name of TSL or its licensors is granted under this Agreement.
NO SPAM POLICY; USAGE. a. You shall not use the Software: (i) to send mailings that advertise "adult related" products. This includes but is not limited to: (a) pornographic messages; or (b) messages including the word "sex", any synonym thereof or any message implying any type of sexual contact, (ii) to send unsolicited mailings or (iii) to promote, solicit or recommend material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. b. You will only use the Software in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). This includes, without limitation, the CAN-SPAM Act of 2004. In the event that TSL receives one (1) or more SPAM complaint(s), we reserve the right to immediately suspend your account. c. You agree that the Software and the information captured by the Software will not be used to create an information service by you or a third party. d. You agree to defend and indemnify Teknatus and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from your use of the Software. e. You agree not to hold TSL or any of it's licensor's liable for problems or downtime on third-party services used by TSL and/or Mojowiz that may result in data NOT being shared on said third party services.
DATA RESALE. Resale, uploading to any service (with the exception of the services directly supported by TSL and/or Mojowiz), or giving away of data extracted by TSL's software for commercial purposes is strictly prohibited. Any violation of this policy will immediately terminate your software license and subject you to additional fees and charges based on the type and amount of data.
Term. The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with Section 9.2 below.
TERMINATION. Any Software provided by TSL free of charge can be terminated by TSL at any time.
Limited Privacy. User acknowledges and understands that any Work Product, Time Logs, workstation images and any other information (including the terms of this Agreement) that User provides or makes available on Mojowiz as a Provider may be made available to Buyers and others in accordance with Mojowiz's Privacy Policy. User has no expectation of privacy related to Services or any other activities performed as a Provider in connection with this Agreement.
Modifications. (a) Mojowiz reserves the right in its sole discretion to amend this Agreement without advance notice. Modifications to this Agreement or any Policies will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. Subject to Section 9, if any modification is not acceptable to you, your only recourse is to cease using Mojowiz. By continuing to use Mojowiz after Mojowiz has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
(b) Except only as permitted by Section 14(a), no modification or amendment to this Agreement shall be binding upon either party unless in a written instrument signed by a duly authorized representative of each party (and, for the purposes of this Section 14(b), a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles).
Press Releases. TSL can reference your name and/or company as a user of the software if you have provided registration information and are an active user.
EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
Choice of Law. This Agreement and any dispute arising out of or relating to this Agreement ("Dispute") shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

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