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Terms and Conditions

Last Revised November 26, 2023

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR

RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS

THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO

RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS

OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND

CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A)

DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE

OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOOXLI LLC, OR (C) ARE

PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S

CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.mooxli.com (the "Site") pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites), and MOOXLI App. Please read both these Terms, my Terms of Use, the liability waiver, and, my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

 Order Acceptance and Cancellation.

 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between MOOXLI and you will not take place unless and until you have received your order confirmation e-mail. 

 

We may choose to cancel any orders at our sole discretion. If we choose to cancel your order, you will be notified of this via the email you provided. MOOXLI LLC’s liability for orders canceled by MOOXLI LLC shall be limited to a full refund of the order cost.

 Prices and Payment Terms.

 

(a) All prices posted on this Site are subject to change without notice. The price charged for the

product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

 

(b) Terms of payment are within our sole discretion and payment must be received by us before our

acceptance of an order. We accept Visa, and Mastercard for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

(c) For orders that are deposit based with a final future payment due to complete the order: At the time of placing the deposit you will provide MOOXLI LLC with information for valid credit card information to keep on file. The credit card information you provide will be used by MOOXLI LLC to initiate payment for final payment. An invoice will be sent to you by MOOXLI LLC at the time of this final payment. In the event of reversal and/or denial of legitimate charges by yourself, you will be responsible for payment of a fee of $100 plus any legal fees incurred by MOOXLI.

Subscription Fees and Payment.

 

Access to and use of some Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize MOOXLI to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. MOOXLI reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. MOOXLI will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes. 

Free trial eligibility is determined by MOOXLI at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent MOOXLI  membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent MOOXLI membership to determine eligibility. For combinations with other offers, restrictions may apply.

If MOOXLI is for any reason unable to effect automatic payment via your credit card, MOOXLI will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying MOOXLI of any changes to your credit card information and to update your information if your credit card has expired. MOOXLI may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify MOOXLI.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on MOOXLI’s net income. You are responsible for obtaining and providing to MOOXLI any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that MOOXLI may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to MOOXLI . You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to info@mooxli.com . If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 Risk of Loss.

 

(a) Travel at your own risk. MOOXLI, and its affiliates offer no guarantee or warranty, implied or

otherwise, in regard to travel, hotel accommodations, or any activities you may participate in while

traveling to or during any MOOXLI events. All travel arrangements are contracted between the attendee and their transportation provider of choice.

(b) At no time and under no conditions is MOOXLI responsible for the cost of any airline tickets you purchase for travel to a MOOXLI event.

(c) Certain risks are involved in travel. While Mooxli has taken reasonable and prudent steps to reduce foreseeable risks, significant risk may exist for personal injury, death, or property damaged related to your participation on a MOOXLI event .You understand that travel risks include, but are not limited to: accidents that may happen while traveling, including provided transportation, carpools, bicycles, and walking; risks associated with riots, civil commotion or disobedience, hijacking, kidnapping for ransom, risks associated with criminal, political or terrorist activity, unrest or danger; risks associated with the preparation and consumption of food and water; risks associated with infections, tropical, parasitic and other diseases, viruses or bacteria, and bites; perils of extreme weather and acts of God including but not limited to earthquake, fire, flood, tornado, hurricane, tsunami, and avalanche; the dangers of falling from high places, possible failed rescue attempts; the dangers of being lost; the possibility of being exposed to extreme temperatures for long periods; the possibility of serious physical, pain, mental trauma, or death, with medical attention several hours to several days away. You understand that any type of travel may involve risk of loss, delays, changes in the means of transportation or in the performance of other services due to sickness, vehicle accidents, strikes, wars, natural disasters, pickpockets, official corruption, or other unforeseen causes or unfortunate outcomes; perils of extreme weather and acts of God, including but not limited to earthquake, fire, flood, tornado, hurricane, tsunami, and avalanche; and intentional or unwitting travel into areas with hazard of criminal, political or terrorist activity, unrest or danger.

(d) In the unlikely event that MOOXLI would need to cancel an event, full registration will

be reimbursed in the original form of payment to the attendees. MOOXLI is not responsible for other

liabilities you may have incurred associated with the event, such as airfare, hotels, and rental cars. Travel insurance is recommended. MOOXLI’s liability shall be limited to a full refund of the event registration fee.

 

(e) MOOXLI reserves the right to substitute speakers, instructors, and

themes, topics, or workshops.

 

(f) For your protection, do not leave personal items unattended in meeting rooms or public areas.

Neither MOOXLI nor the event hotel or Resort will be liable for any lost or stolen items. By registering for one of our events or arranging accomodations through us, you acknowledge that you understand and agree to this risk of loss statement.

Returns and Refunds.

 

(a) Except for any products or services designated on the Site as non-returnable or nonrefundable, we will accept a cancellation of retreat registration for a full refund of your purchase price (minus $600), provided such return is made within 90 days prior to the event start date. All notices of cancellation must be received in writing. Refunds are processed within approximately 7 business days of our receipt of your written notice of cancellation. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY CANCELLATIONS RECEIVED LESS THAN 90 DAYS PRIOR TO THE EVENT START DATE OR DURING THE EVENT AT ANY TIME. 

(b) Except for any products or services designated on the Site as non-returnable or nonrefundable, we will accept a cancellation of lodging accommodations for a full refund of your purchase price (minus a $50 administration fee), provided such return is made within 90 days prior to the event start date. All notices of lodging accommodation cancellation must be received in writing. Refunds are processed within approximately 7 business days of our receipt of your written notice of cancellation. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY CANCELLATIONS RECEIVED LESS THAN 90 DAYS PRIOR TO THE EVENT START DATE OR DURING THE EVENT AT ANY TIME. 

Intellectual Property Use and Ownership. You acknowledge and agree that:

 

(a) Each product and service marketed on this Site is made available solely for license, not sale, to

you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

 

(b) You will comply with all terms and conditions of the specific license agreement for any product

or service you obtain through this Site, including, but not limited to, all confidentiality obligations and

restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others'

noncompliance with the terms and conditions of any of these product and service license agreements.

 

(c) MOOXLI is and will remain the sole and exclusive owner of all intellectual property rights in and to

each product and service made available on this Site and any related specifications, instructions,

documentation or other materials, including, but not limited to, all related copyrights, patents, and

trademarks and other intellectual property rights, subject only to the limited license granted under the

product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

 Privacy:

 

(a)  We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

(b) When sharing your email address with Mooxli LLC, You agree that MOOXLI LLC may, from time to time, send you new product and feature announcements, marketing materials and promotional offers via email. You may opt-out of such communication by using the “unsubscribe” option at the bottom of the email or email hello@mooxli.com and ask to be removed from the MOOXLI LLC email list.

 

(c)  When sharing your email address with MOOXLI LLC, You agree that MOOXLI LLC may share your email address with a third party for the purpose of paid targeted ads and advertising 

ADDITIONAL TERMS AND CONDITIONS

 

 A. GOVERNING LAW. The Parties have entered into this Agreement in the State of Michigan and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Michigan, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of MICHIGAN, and that venue of any action will be located in the District Court of the United States Newaygo County, MICHIGAN.

 

B. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.

 

C. INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.

 

 D. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO

THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF

MICHIGAN, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY

ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

 E. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

 

F. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of MOOXLI LLC’s intellectual property rights and confidential and proprietary information by you, MOOXLI LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. MOOXLI LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in NEWAYGO County, MICHIGAN, United States of America for purposes of any such action by Mooxli LLC.

 

 G. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this

agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

 

 H. NO WAIVER.  If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

 

I. FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

J. COVID-19: MOOXLI is not liable for anyone infected with coronavirus associated with attendance at a MOOXLI event. By choosing to attend a MOOXLI event attendees voluntarily assume all risks related to exposure to COVID-19. 

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