Terms of Use
Introduction
Please read this agreement carefully. It is a terms of use agreement (“Agreement”) between you (“you”), an individual, company, or any other entity, and Moatkeeper (“MK”), a Delaware Corporation, for the use of the Platform (defined below).
To the fullest extent permitted by law, this Agreement contains a class action waiver provision in Section 9 and an arbitration provision in Section 10.
You may not use the Platform if you are under thirteen (13) years of age. Within the Platform, you may not use the Moatkeeper® App if you are under sixteen (16) years of age.
By accessing the Platform, you agree to be bound by this Agreement. If you do not agree, do not use the Platform.
For the purposes of this Agreement, “Platform” means the MK website and all related applications and services (including the Moatkeeper® App) that MK makes available to you through and in connection with your use of the website.
1. Acceptable Use
Subject to the terms of this Agreement, MK grants to you a nonexclusive, nontransferable, revocable license to use the portions of the Platform as permitted by this Agreement solely for your personal and noncommercial use. The Platform cannot be used for any other purpose.
2. Open Source Disclosure
We use the following open-source components in our Platform:
- Node.js ( https://nodejs.org/en)
- MongoDB ( https://www.mongodb.com/ )
- HTML/CSS/JSS
3. Limitations on Use
3.1. The Platform cannot be used for any purpose other than that which is noted in this Agreement. Specifically, you are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Platform without MK’s prior written consent or unless otherwise expressly permitted by applicable law.
3.2. You also agree to not interfere or disrupt the service or servers or networks connected to the service, including transmission of any code of a destructive or malicious nature to the Platform. You may not inject content or code or otherwise alter or interfere with the way any portion of the Platform is displayed on a user’s browser or device.
3.3. You also agree to not intentionally overburden or misuse the Platform.
4. Ownership and Intellectual Property
4.1. All title, ownership rights and intellectual property rights in and to the Platform (including, without limitation, all text, graphics, music or sounds, all messages or items of information, effects, diagrams, concepts, videos, audio-visual effects, domain names, and any other elements which are part of the Platform, individually or in combination) and any and all copies thereof are owned by MK or its licensors. The Platform is protected by national and international laws, copyright treaties and conventions and other laws. The Platform may contain certain licensed materials and, in that event, MK’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without MK’s prior permission and, if applicable, the prior permission of MK’s licensors and representatives. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by MK.
4.2. This license confers no title or ownership in any or all portions of the Platform and should not be construed as a sale of any rights of the Platform.
5. Termination and Ongoing Effectiveness
5.1. This Agreement is effective from the first date you install any portion of the Platform. You may terminate this Agreement at any time by permanently deleting and destroying the any content of or relating to the Platform and all backup copies and related materials. MK or its licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Platform and delete all any content of the Platform and associated materials already copied and/or installed on your device or computer immediately.
5.2. Sections 8, 9, 10, 11 and 13 shall remain effective after the termination of this Agreement.
6. Disclaimer of Warranties
6.1. You acknowledge that the Platform is provided on an “as-is” basis without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither MK, its licensors or affiliates nor the copyright holders make any representations or warranties, express or implied, including by not limited to the warranties of merchantability, satisfactory qualify, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. There is no warranty by MK or any other party that the functions contained in the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Platform to achieve your intended results and for the use and results obtained from it.
6.2. Information is deemed reliable but not guaranteed accurate, and provided on an as-is basis, without warranty, express or implied. It is the site user’s responsibility to verify that any business listed on Platform is open for business and address information of such business is accurate before driving to a business and/or utilizing their products and services. MK has not vetted businesses and makes no representations in respect to their service levels or products. If you see an error with our information or are a business who wishes to be removed from our database, contact us at contact@moatkeeper.com.
6.3. MK agrees to take reasonable precautions in maintenance and patching of the Platform, but, does not guarantee that its services are virus or malware free.
6.4. The Platform may contain links to external third parties to enhance your browsing experience and the services offered by affiliated partners. MK cannot guarantee the accuracy of information found on any linked site.
7. Limitation of Liability
7.1. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall MK be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, even if MK shall have been informed of the possibility of such damages, or for any claim by any other party.
7.2. Without limiting the foregoing, in no event will MK be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.
7.3. In any event, MK’s entire liability to you under any provision of this agreement or arising from the access or use of the site by you or any other user will be limited to the amount actually paid by you to MK pursuant to this Agreement during the 12 months preceding the event giving rise to such liability, or $50.00, whichever is less.
8. Governing Law
8.1. This Agreement is made under, and shall be governed by and construed in accordance with, the laws of the State of Wisconsin.
8.2. You hereby irrevocably and unconditionally submit to the jurisdiction of any state court sitting in Ozaukee County, Wisconsin, and the Federal District Court sitting in the City of Milwaukee, Wisconsin, over any suit, action, or proceeding arising out of or relating to this Agreement. Each party hereby irrevocably and unconditionally waives any objection to the laying of the venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
9. Class Action Waiver
Where permitted under the applicable law, you and MK agree that each may bring claims only in your/our individual capacity and not as a plaintiff or class member in any purported class or representative action.
10. Arbitration
Any controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including any questions relating to the arbitrability of such controversies or claims, may at the request of either party be resolved by binding arbitration in the State of Wisconsin, in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the preceding sentence, upon the occurrence of any controversy or claim for which a party is seeking equitable relief, such party may seek such equitable relief in any court of law with proper jurisdiction and venue. The conduct of such arbitration shall be subject to the arbitration law of the State of Wisconsin. The fees of the arbitrator(s) shall be borne equally by the parties, unless otherwise determined by the arbitrator(s).
11. Severability
If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, then this Agreement shall be interpreted as if such invalid or unenforceable provision were not contained herein.
12. Notices
Any notice or communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered (including by recognized overnight courier such as Federal Express), sent by confirmed facsimile, or mailed certified or registered mail, return receipt requested, postage prepaid, to the address of the party as set forth below, or at such other address as a party may designate by notice given in accordance with this Section:
Moatkeeper
Attn: Brian Borchert, Founder
8110 W. Bonniwell Rd.
Mequon, WI 53097
13. Related Policies and Agreements
The collection, use, disclosure, and sale of all data related to the use of this Platform shall be governed by the Privacy Policy located at the following link: https://www.moatkeeper.com/legal/privacy-policy.