Terms of Service - New - MOCA Financial

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBISTE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF USE PLEASE DO NOT ACCESS THE WEBSITE.

Welcome to mocapay.com (Website). These Terms of Use (Agreement) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by MOCA Financial Inc. (MOCA).

By using this Website, including purchasing products from this Website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website.

You agree that by using this Website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms of Use periodically. We reserve the right to revise these Terms of Use at any time without notice to you. If you do not agree to these Terms of Use, please do not use this Website.

MOCA, mocapay.com and associated companies grant you a limited license to access and use this Website for your personal use, and to copy, distribute, and transmit the content of this Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the Website for your personal use.

This license or access and use does not include any resale or commercial use of this Website or its contents, any derivative use of this Website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.

Except as permitted above, this Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of mocapay.com. You may not use any meta tags or any other “hidden text” utilizing MOCA’s name or trademarks without the express written consent of MOCA. Any unauthorized use terminates the permission or license granted by MOCA and associated companies.

MOCA and mocapay.com reserve the right to change the information, features and functions of this Website without prior notice. We may refuse service, terminate accounts, and/or deny access to any or all parts of this Website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, or the rights of any third party for any reason. Use of the Website for any illegal or unauthorized purpose is strictly prohibited.

As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.

You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.

Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
Overload of system capacities
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
Interruption (whether partial or total) of power supplies or other utility service
Strike or other stoppage (whether partial or total) of labor
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of MOCA

Copyright and Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of MOCA, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by MOCA under the copyright laws of the United States and other countries. MOCA may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. MOCA reserves all rights not expressly granted in and to the Website and the Content.

Unless otherwise noted, MOCA and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of MOCA. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of MOCA and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.

Products and Services
The products and services made available on this Website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining MOCA’s prior written consent. MOCA may cancel or modify purchases on the Website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.

Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this Website.

Accounts
Some services on the Website permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at support@mocapay.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

We may suspend or terminate your account and your ability to use the Website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Forums/Blog/Social Media/Comments
“Forum” means an area, site or feature offered as part of this Website that offers the opportunity for users to post content for viewing by one or more Website users, including the comment section of any blog post. Additionally, “Forum” includes any other Website page or content area created by MOCA on one or more social media pages, including, but not limited to Facebook, Twitter, Google+, YouTube, Instagram, and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant MOCA the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this Website or associated social media.

You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying a Forum.
Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
You are and will remain solely and completely responsible for the content you post on or through the Website under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion.

We reserve the right to terminate your access to this Website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this Website.

Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

Disclaimers
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOCA and MOCAPAY.COM AND ALL ASSOCIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MOCA AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOCA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL MOCA BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER MOCA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Copyright
The entire contents of the Website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MOCA and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to MOCA. Copyright © 2019, 2020. All rights reserved.

Indemnification
If you use MOCA’s Website or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in MOCA’s systems, you shall indemnify, defend, and hold harmless MOCA and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting MOCA’s rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing credit monitoring, customer service, or other remediation services, and any related cost. MOCA’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by MOCA of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through MOCA’s Website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared MOCA customer account data.

MOCA Trademark Guidelines
MOCA counts among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the MOCA trademarks and logos is a priority for MOCA and associated companies.

These Trademark Guidelines contain detailed information about how to refer to MOCA trademarks. These Trademark Guidelines are designed to ensure proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage.

Permissible Uses
Proper use of the MOCA name and trademarks is important. You may use the MOCA trademark to accurately describe or refer to MOCA’s Website, goods and services, provided you follow these Guidelines. For example, you may use the registered mark MOCA to discuss and review this Website or other works created by MOCA.

The font size of the phrases using the MOCA registered marks should not be larger than the surrounding font and should not appear more prominently than the name/logo of your own product or business.

You may use the MOCA registered marks and trademarks to direct your visitors to the mocapay.com homepage or other pages on mocapay.com.

Prohibited Uses
Do not use the MOCA, mocapay.com, the MOCA logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with MOCA, or mocapay.com.

Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the MOCA registered marks trademarks.

Logos: You may not use the MOCA logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from MOCA.

Domain Names, Meta tags, Hidden Text: You may not incorporate the MOCA registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from MOCA and associated companies.

Internet Advertising Keywords: You may not use or incorporate the MOCA registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from mocapay.com and associated companies.

Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the MOCA registered marks or trademarks without first obtaining a written license from mocapay.com.

Required Notices
For federally registered trademarks owned by MOCA, the ® symbol must accompany these trademarks and MOCA should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “MOCA is a registered trademark owned by MOCA Financial Inc.”.

Social Media Guidelines
You may not use MOCA registered trademarks as any part of your social media account name, username, page name, or as a community name.

Reservation of Rights
Unless otherwise agreed to in writing, MOCA reserves the right to terminate permission to copy, reproduce, or display the MOCA registered trademarks and to demand that the MOCA trademarks cease to be used at any time, in its sole discretion.

For any questions regarding the proper usage of the MOCA registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@mocapay.com.

CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), MOCA follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@mocapay.com and your account will be permanently removed from our system.

DMCA Notice
mocapay.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on mocapay.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to: support@mocapay.com.

MOCA will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.

Enforceability and Governing Law
In the event any of the terms or provision of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with MOCA. The user’s access to and use of the mocapay.com Website and the terms of this disclaimer are governed by the laws of the State of Texas.