Terms of Use

By visiting the site, you are accepting and consenting to the practices described in the terms of use. We may modify the terms of use from time to time and your continued use of this site following such change shall signify your agreement to be bound by the modified terms of use.


Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. If you are under 18, you must let your parent or guardian know about moxie’s privacy policy before you register to use this site or any of this site’s services.

Please read the terms of use and check back often. If you do not agree to any change to the terms of use, then you must immediately stop using the site.

Please contact us with any questions regarding these terms of use.

REGISTRATION

In order to access certain features of moxie you may be required to become a Registered User.  For purposes of these Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).

Registration Data.  In registering an account on the Website, you agree (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with moxie; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the moxie Service permits such updates; and (d) use limited-access portions of the moxie Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use.

By providing moxie your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

moxie reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. 

Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to moxie, including but not limited to, a mobile device that is suitable to connect with and use moxie, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing moxie. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. 

RESPONSIBILITY FOR CONTENT

Types of Content.  You acknowledge that all files, materials, data, text, audio, video, images or other content (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not moxie, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through moxie (“Your Content”), and that you and other users of moxie, and not moxie, are similarly responsible for all Content they Make Available through moxie (“User Content”).

No Obligation to Pre-Screen Content. You acknowledge that moxie has no obligation to pre-screen Content (including, but not limited to, User Content), although moxie reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that moxie pre-screens, refuses or removes any Content, you acknowledge that moxie will do so for moxie’s benefit, not yours. Without limiting the foregoing, moxie shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

OWNERSHIP

Except with respect to any Content you may post and any content a user may post, you agree that moxie owns all rights, title and interest in the moxie website and related services (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website or services.

You grant moxie a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing the moxie website and related services to you and to our other users. 

THIRD-PARTY LINKS AND MATERIALS

Within the moxie website you may have access to materials that are hosted by another party. You agree that it is impossible for moxie to monitor such materials and that you access these materials at your own risk.

Periodically, you may be provided with links to other sites, resources, and features through the Site. As moxie has no control over such sites, resources, and features, you acknowledge and agree that moxie is not responsible for, nor does moxie endorse, the accuracy, content, products, advertising, or any other materials available from such sites, resources, or features. You also acknowledge that moxie shall not be liable or responsible, directly or indirectly, for any loss, injury, or damage caused or alleged to be caused by or through the use of or reliance upon any such site, resource, or feature.

PROFESSIONAL ADVICE DISCLAIMER 

THE CONTENT AND INFORMATION PROVIDED VIA THE WEBSITE – WHICH INCLUDES THE FORUM – ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. 

YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE WEBSITE (SUCH AS MOXIE E-MAILS) FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A  HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MOXIE, ITS AFFILIATES OR ANY THIRD PARTY.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH MOXIE IS SOLELY AT YOUR OWN RISK.

THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES. MOXIE RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR PRODUCTS DISCUSSED ON THE WEBSITE OR FORUM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. 

FORUM

All content, information and opinions (collectively, the “material”) presented on the moxie forum / discussion board are those of the authors of posts and messages (collectively, the “participants”) and not moxie’s. moxie disclaims all liability for and does not guarantee the reliability, completeness, accuracy, timeliness or currency of the material presented on the discussion board. The material is published “as is”, and does not represent the official views and opinions of moxie.  

COMPLIANCE WITH LAWS

You acknowledge and agree that you will only use the moxie website in a manner consistent with these Terms of Service, as well as any and all applicable local, state, national, and international laws and regulations. Use of this website is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the website, and the website may not be used anywhere where prohibited by law.

INDEMNITY AND RELEASE

You agree to defend, indemnify, and hold harmless moxie and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against moxie by any third party due to or arising out of or in connection with (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.