MoBoo Terms of Use

Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.



PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to MoBoo.com and any other site owned and/or operated by or on behalf of MoBoo, LLC. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "MoBoo.com" and "MoBoo" and/or “we” respectively).



USE OF MATERIALS
This site is owned and operated by MoBoo, LLC. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of MoBoo.com are the property of MoBoo and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from MoBoo.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of MoBoo's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
In the event you download software from the site, the software including any portions of text, files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by MoBoo. MoBoo does not transfer title to the Software to you. As between you and MoBoo, MoBoo retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant MoBoo and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on MoBoo.com, including without limitation via message boards, chat rooms and/or blogs or any other features on MoBoo.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.



USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on MoBoo.com. Users are not permitted to upload to, distribute through, or otherwise publish through MoBoo.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on MoBoo.com. Unauthorized collection and/or use of email addresses via MoBoo.com is also not allowed.
Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of MoBoo.com. Please be sure that any such information is information that you are comfortable sharing with the public. Users are solely responsible for the content of their messages including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on MoBoo.com. MoBoo is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of MoBoo.com including without limitation the content of board postings and/or comments made in chat rooms and/or any other features on MoBoo.com. You acknowledge that MoBoo may or may not pre-screen and/or monitor content posted on MoBoo.com, and that MoBoo shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on MoBoo.com at any time for any reason, in MoBoo’s sole discretion.
You hereby agree to comply with all laws that apply or may apply to your use of or activities on MoBoo.com and any rules for conduct on MoBoo.com or use of specific features and/or services offered thereon that may be posted on MoBoo.com, whether in these terms of use or otherwise, from time to time.



NO PERSONAL ADVICE
Any informational materials provided on MoBoo.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, MoBoo makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through MoBoo.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.



THIRD PARTIES
Your correspondence and dealings with third parties including without limitation other sites, advertisers that you encounter via MoBoo.com are solely between you and such entity. You agree that MoBoo shall not be responsible or liable for any dispute, loss or damage of any sort incurred because of any such dealings. In addition, you acknowledge that MoBoo does not endorse, verify, or make any representations regarding any third-party advertisements, products or services and does not confirm that each user of MoBoo.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on MoBoo.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.



CONTENT AVAILABILITY
MoBoo.com provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the MoBoo.com (including during any subscription period for a Subscription Member).

Mobile Networks
If you access content via MoBoo app through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain MoBoo features may be prohibited or restricted by your network provider and not all MoBoo features may work with your network provider or device.



ONLINE CANCELLATION
If you subscribed to MoBoo via the Apple App Store or iTunes, Google Play, or via the MoBoo.com website, you can cancel your account anytime by logging into your MoBoo account on our website. Select the parent profile, and then access the Subscription panel in the upper right corner. Then click "Account Settings," and on that page will be the "Account status". Click on "Manage" and "Cancel My Subscription". Subscription cancellation will take effect at the end of the current billing cycle.



CHANGES TO SITE
MoBoo may add, change, discontinue, remove or suspend any portion of MoBoo.com at any time, without notice.



USER ACCOUNTS
Certain portions of MoBoo.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of MoBoo.com using your account and/or identity. MoBoo reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of MoBoo.com for any reason, including without limitation for extended periods of inactivity.



TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from MoBoo.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from MoBoo, if in MoBoo's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from MoBoo.com and all copies thereof, whether made under the terms of this Agreement or otherwise.



DISCLAIMER
MOBOO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MOBOO.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." MOBOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO MOBOO.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. MOBOO DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON MOBOO.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT MOBOO.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF MOBOO.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. MOBOO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON MOBOO.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOBOO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOBOO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON MOBOO.COM, EVEN IF MOBOO OR A MOBOO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOBOO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING MOBOO.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING MOBOO.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

(a) THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY: (i) ARE WAIVING (A) THEIR COMMON LAW AND STATUTORY RIGHT TO PROCEED TO SEEK RELIEF IN A COURT OF LAW BY AGREEING TO EXPEDITED ARBITRATION; (B) TRIAL BY JURY; (C) THE RIGHT TO APPEAL THE ARBITRATION AWARD, EXCEPT UNDER VERY LIMITED CIRCUMSTANCES, AND (D) THE RIGHT OF FULL AND ALLOWABLE DISCOVERY TO RESOLVE ANY BREACH, DISPUTES, AND CLAIMS BY ANY PARTY; AND (ii) WILL HAVE TO PAY SUBSTANTIAL UPFRONT AND OTHER COSTS FOR ARBITRATION. THE PARTIES ARE AGREEING THAT EXPEDITED ARBITRATION SHALL BE THE EXCLUSIVE REMEDY TO RESOLVE ANY DISPUTE OR ALLEGED BREACH RELATING TO THE USE OF MOBOO.COM, WHETHER STATUTORY OR SOUNDING IN CONTRACT OR IN TORT, EXCEPTING

(b) EXPEDITED ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR. THE ARBITRATION HEARING SHALL BE HELD IN GLOUCESTER COUNTY, NEW JERSEY UNLESS THE PARTIES UNANIMOUSLY AGREE TO ANOTHER LOCATION. THE ARBITRATION HEARING SHALL BE PURSUANT TO THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). IN THE ABSENCE OF A RULE OF AAA GOVERNING PROCEDURE, THE FEDERAL RULES OF CIVIL PROCEDURE SHALL GOVERN. THE ARBITRATOR SHALL BE CHOSEN BY AAA UNLESS THE PARTIES TO THE DISPUTE AGREE IN WRITING TO APPOINT AN ARBITRATOR IN LIEU OF HAVING THE ARBITRATOR APPOINTED BY AAA. THE AWARD OF THE ARBITRATOR SHALL BE FINAL, BINDING, AND NON-APPEALABLE. JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT OF LAW. ANY PARTY MAY DEMAND ARBITRATION.

(c) THE ARBITRATOR SHALL DETERMINE IN THE ARBITRATOR’S SOLE DISCRETION WHETHER TO ALLOCATE TO THE NON-PREVAILING PARTY ALL OR PART OF THE FEES OF THE ARBITRATOR AND JAMS AND/OR THE REASONABLE ATTORNEY FEES AND COSTS OF THE PREVAILING PARTY.

(d) THE PARTIES ACKNOWLEDGE THAT (i) THE ARBITRATION PROVISION HEREIN IS NOT UNREASONABLY FAVORABLE TO ANY PARTY, (ii) NO PARTY HAS SUPERIOR BARGAINING POWER OVER ANY OTHER PARTY, AND (iii) THE EXPENSES FOR ARBITRATION ARE NOT PROHIBITIVELY EXPENSIVE TO ANY PARTY BASED UPON SUCH PARTY’S FINANCIAL RESOURCES OR BARGAINING POSITION.

(e) IF THERE IS A DISPUTE OVER THE SCOPE OF THIS ARBITRATION CLAUSE AND/OR THE ISSUES THAT ARE TO BE ARBITRATED, SUCH DISPUTES REGARDING ARBITRABILITY ARE TO BE RESOLVED BY THE ARBITRATOR.

(f) NOTWITHSTANDING ANY NEW JERSEY STATUTE TO THE CONTRARY, ANY APPEAL OR LITIGATION FILED IN A COURT OF LAW BY A PARTY TO THE ARBITRATION PROCEEDING AFTER THE ARBITRATOR HAS ISSUED A FINAL AWARD MUST BE FILED WITH THE SUPERIOR COURT OF ATLANTIC COUNTY, NEW JERSEY AND MUST BE FILED WITHIN THIRTY DAYS AFTER THE DATE OF THE FINAL AWARD.



INDEMNIFICATION
By using MoBoo.com, you agree to indemnify, defend and hold harmless MoBoo from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on MoBoo.com; or (3) any material uploaded by you or through your computer to MoBoo.com or otherwise sent by you to MoBoo. You will cooperate as fully and reasonably as required by MoBoo in the defense of any claim. MoBoo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of MoBoo.



INDEMNIFICATION
By using MoBoo.com, you agree to indemnify, defend and hold harmless MoBoo from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on MoBoo.com; or (3) any material uploaded by you or through your computer to MoBoo.com or otherwise sent by you to MoBoo. You will cooperate as fully and reasonably as required by MoBoo in the defense of any claim. MoBoo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of MoBoo.



JURISDICTIONAL ISSUES
MoBoo.com is controlled and operated by MoBoo from its offices in New York, United States of America. MoBoo makes no representation that materials on MoBoo.com are appropriate or available for use in other locations. Those who choose to access MoBoo.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from MoBoo.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.



OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any principles of conflicts of law. You and MoBoo each agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey and the federal courts of New Jersey. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.



PERMISSION FOR REPRINTS
All material on MoBoo.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on MoBoo.com (outside of personal, non-commercial use), please write to:
MoBoo - Permissions Department
322 Shore Road
Somers Point, NJ 08244



PERMISSION FOR WEB LINKING
If you link to MoBoo.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by MoBoo. Any such link must not damage, dilute or tarnish the goodwill associated with MoBoo and/or any MoBoo intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with MoBoo, and you may not “frame” MoBoo.com. You may not link to MoBoo.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in MoBoo’s sole discretion. MoBoo reserves the right, in its sole discretion, to terminate any link from any web site.
To request permission to place a link from your web site to MoBoo.com, please send your name, address, web site URL, and nature of the web site to: info@MoBoo.com.



SUBSCRIPTION TERMS
Access to MoBoo.com or MoBoo App is sold on a subscription model (“Subscriptions”). Subscriptions can be purchased by paying a monthly or annual subscription fee. When you register for a Subscription, you consent to get access to the Service immediately. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND MOBOO WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

a.Automatic Renewal. Subscriptions to the Service renew automatically. If you purchase a Subscription, you acknowledge and agree that we are authorized to use the payment information on file for the recurring renewal fee. You may cancel your account at any time from within your Manage Subscription settings. This will stop future subscription charges from accruing to your account. Until you cancel, your Subscription will renew monthly on the same day of the month as the date you made your initial purchase, and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your Subscription confirmation receipt that will be emailed to you at the email you provide.

b.Cancellations. You can cancel your Subscription at any time by logging into your account through MoBoo.com and following the instructions on the Subscription tab. The cancellation will take effect the day after the last day of the current subscription period. You must cancel your Subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your Subscription, you will continue to have access to the Service through the end of your current billing period. Cancelling your Subscription will not completely delete your account from our website. You may choose to delete your account, but you will not be able to recover data from your former account at a later date if you do so.

c. No refunds. While you may cancel your Subscription at any time, there are no partial or pro-rata refunds for cancellation. MoBoo may, however, offer partial, pro rata refunds for MoBoo’s early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific MoBoo program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or MoBoo suspends or terminates your account under this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused time on a Subscription, any license or Subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

d.Pricing. MoBoo may change the price for the Subscriptions, from time to time, by posting the new price on the Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional terms may apply.

MoBoo reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at http://www.MoBoo.com/terms.htm along with the date of most recent update.
For other questions about MoBoo.com, please consult help@moboo.com

Most recently updated October, 2020.


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