Terms of Use
AGREEMENT BETWEEN USER AND MORIAH CORPORATION
Moriah Corporation's web sites are composed of web pages designed, owned, and operated by Moriah Corporation, 1218 Sarno Road, Melbourne, Florida 32935. This Terms of Use and Notice applies only to web sites owned and operated by Moriah Corporation and does not apply to the web sites, links, and/or content of any third parties.
Use of Moriah Corporation's web sites are conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Moriah Corporation's web sites constitutes your agreement to all such terms, conditions, and notices. Your use of particular web pages included within Moriah Corporation's web sites may also be subject to additional terms outlined elsewhere in this agreement.
Moriah Corporation's web sites may contain additional terms, codes of ethics, conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.
In the event that any of the terms, conditions, and notices contained herein conflict with any additional terms or other terms and guidelines contained within any particular Moriah Corporation's web sites, then these terms shall govern.
MODIFICATION OF THESE TERMS OF USE
Moriah Corporation reserves the right to change the terms, conditions, and notices under which Moriah Corporation's Sites, Products, and Services are offered, including but not limited to any charges associated with the use of Moriah Corporation's Sites and Services. You are responsible for regularly reviewing these terms and conditions and any relevant additional terms. Your use of Moriah Corporation's Sites and Services and/or purchase of Products or Services from Moriah Corporation constitutes your agreement to all such terms, conditions, and notices.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See Moriah Corporation's Privacy Statement for disclosures relating to collection and use of your personal information.
ACCOUNTS, PASSWORDS, AND SECURITY
When Moriah Corporation's web sites, or any Product or Service offered on Moriah Corporation's web sites require you to create an account as a condition of purchase or use of the site's Products or Services, you are required to complete the registration process by providing current, complete, and accurate information as prompted by the registration forms. You then will choose a user name and a password. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all purchases, transactions, and activities that occur under your account. You agree to notify Moriah Corporation immediately of any unauthorized use of your account or any other breach of security. Moriah Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Moriah Corporation due to someone else using your account or password. You may not use anyone else’s account at any time.
RESIDENTIAL AND COMMERCIAL USE
Unless otherwise specified, Moriah Corporation's Sites, Products and Services are for both Residential and Commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Moriah Corporation's web sites.
ON-SITE SERVICE AREAS
Moriah Corporation presently provides on-site services throughout the Continental United States. Moriah Corporation may at any time at its discretion, expand its scope and/or areas of on-site service or make exception to the present on-site service regions at any time so deemed in the best interest of Moriah Corporation.
Moriah Corporation will honor orders and provide advertised products only within the continental United States and Canada. Moriah Corporation may at any time at its discretion, expand its scope and/or areas of service or make exception to the present product sales region or expand the product sales region internationally at any time so deemed in the best interest of Moriah Corporation.
NO UNLAWFUL OR PROHIBITED USE
You will not use Moriah Corporation's Sites and Services for any purpose that is criminal, unlawful, immoral, unethical or prohibited by these terms, conditions, and notices. You may not use Moriah Corporation's Sites and Services in any manner that could damage, disable, or impair any of Moriah Corporation's Sites, Products, Services (or the networks, hardware, or software connected to any of Moriah Corporation's Sites, Products or Services) or interfere with any other party's use and enjoyment of any Moriah Corporation's Sites, Products and Services. Violation of this condition may result in Moriah Corporation's actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
NO ATTEMPTS TO GAIN UNAUTHORIZED ACCESS
You may not attempt to gain unauthorized access to any Moriah Corporation's Sites, Products, Services, programming code, user accounts, user information or financial data of Moriah Corporation or its lawful customers, other accounts, computer systems or networks connected to any Moriah Corporation Sites, Products and Services, through hacking, cracking, phishing or any other unlawful or unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Moriah Corporation through Moriah Corporation's Sites Products and Services. Violation of this condition may result in Moriah Corporation's actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
SECURITY AND ACTIVE MONITORING
You are hereby notified that for the safety, privacy, and security of itself and its customers, Moriah Corporation reserves the right to actively monitor all connections to Moriah Corporation's Sites, Products, Services, and to employ any and all lawful electronic means deemed necessary to ensure the safety, privacy and security of itself and its customers. As a condition of your use of Moriah Corporation Sites, Products and Services, you agree to such monitoring of your connection and transactions, inclusive of, but not limited to your I.P. addresses, MAC addresses and contact information. Any attempted breech of security may result in Moriah Corporation actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
USE OF SERVICES
Moriah Corporation Sites may offer and/or discontinue "Communication Services" (i.e. e-mail, blogs, social networks, bulletin boards, forums, groups, calendars, file cabinets and/or other messages or communication facilities designed to enable you to communicate with others) at its discretion. You agree to use these Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree that when using a Moriah Corporation Communication Service, you will not:
Moriah Corporation does not control or endorse the content, messages or information found in its Communication Services and specifically disclaims any liability with regard to its Communication Services and any actions resulting from your participation in any of its Communication Services.
LINKS TO THIRD PARTY SITES
Moriah Corporation Sites and Services may contain images of and links to third party Web sites. The Linked Sites are not under the control of Moriah Corporation and Moriah Corporation is not responsible for the contents of any Linked Site nor is Moriah Corporation responsible if the Linked Site is not functioning appropriately. Moriah Corporation provides Linked Sites only as a convenience, and the inclusion of any Linked Sites does not imply endorsement by Moriah Corporation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties included within Moriah Corporation Sites and Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Moriah Corporation shall not be responsible or liable for any part of any such dealings or promotions.
ADDITIONAL RESTRICTIONS
Moriah Corporation specifically prohibits any person, company, or other entity or the webmasters, owners, operators, advertisers and or agents manufacturing and/or distributing the following products and/or services from providing links to Moriah Corporation Sites, Products and Services, advertising or displaying the name, trademark, or logo of Moriah Corporation or its officers, employees or agents on any of their company literature, advertising or promotional material, web sites, newsgroups, services, products, distributions or any other materials for any reason whatsoever :
SUBMISSIONS
Moriah Corporation retains ownership of any material (submission) you provide to Moriah Corporation, including feedback, suggestions or postings, or uploads, you submit to any Moriah Corporation Site or Service for review by the general public, or by the members of any public or private group. By posting, uploading, inputting, providing or submitting your material you are granting Moriah Corporation permission to use your material in connection with the operation of its business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your material; to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Moriah Corporation is under no obligation to post or use any submission you may provide and Moriah Corporation may remove any submission at any time in its sole discretion.
By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
SOFTWARE AND CONTENT
All content and software (if any) that is made available to purchase, view and/or download in connection with Moriah Corporation Sites, Products and Services, is owned by and is the copyrighted work of Moriah Corporation or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MORIAH CORPORATION SITES AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO MORIAH CORPORATION SITES AND SERVICES AND TO THE INFORMATION THEREIN. MORIAH CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MORIAH CORPORATION SITES AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA MORIAH CORPORATION SITES AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC SITUATION.
MORIAH CORPORATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN MORIAH CORPORATION SITES AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MORIAH CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH MORIAH CORPORATION SITES AND SERVICES. YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN MORIAH CORPORATION SITES AND SERVICES BY ANY THIRD PARTY.
IN NO EVENT SHALL MORIAH CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, WITH THE DELAY OR INABILITY TO USE MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MORIAH CORPORATION SITES AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MORIAH CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY OTHER THAN PRODUCT REFUNDS UNDER THE CONDITIONS SPECIFIED IN Return and Exchange Policy IS TO DISCONTINUE USING MORIAH CORPORATION SITES, PRODUCTS AND SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Moriah Corporation may establish limits concerning use of any service offered including without limitation the maximum number of days that Communication Service messages will be retained, the maximum number of Communication Service messages that may be sent from or received by an account, the maximum size of a Communication Service message that may be sent from or received by an account, the maximum disk space that will be allotted on Moriah Corporation's servers on your behalf either cumulatively or for any particular service and the maximum number of times and duration you may access any Moriah Corporation Service in a given period of time.
You agree that Moriah Corporation has no responsibility or liability for the deletion, corruption or failure to store any Communication Service messages or other content maintained or transmitted by any Moriah Corporation Service. You acknowledge that the features, parameters or existence of any Moriah Corporation Service may change at any time. You acknowledge that Moriah Corporation reserves the right to sign out, terminate or delete your accounts for any particular Site or Service offered by Moriah Corporation that is "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular Service for an extended period of time, as determined by Moriah Corporation, at its sole discretion.
MORIAH CORPORATION MAKES NO WARRANTY THAT ANY SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION / ACCESS RESTRICTION
Moriah Corporation reserves the right, in its sole discretion, to terminate your access to any or all Moriah Corporation Sites, Products and Services at any time, without notice. Moriah Corporation may also terminate or suspend your access to Moriah Corporation Sites, Products and Services for inactivity, as set forth, above, in "Storage Space and Other Limitations." Moriah Corporation shall have no obligation to maintain any content or to forward any unread or unsent Communication Service messages to you or any third party.
SPAM / DAMAGES
Moriah Corporation may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Moriah Corporation liquidated damages of five dollars ($5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Moriah Corporation's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Moriah Corporation may charge such damages to your selected Payment Method, as set forth in the Moriah Corporation Billing section, below.
GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws shall be adjudicated under the laws of the state of Florida. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Brevard County, Florida, United States of America in all disputes arising out of or relating to the use of Moriah Corporation Sites, Products and Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moriah Corporation as a result of this agreement or use of Moriah Corporation Sites, Products and Services. You agree to indemnify and hold Moriah Corporation, its parents, subsidiaries, affiliates, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Moriah Corporation Sites and Services. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Moriah Corporation with respect to Moriah Corporation Sites, Products and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Moriah Corporation with respect to Moriah Corporation Sites, Products and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISCLOSURE
Moriah Corporation reserves the right to disclose any personal information about you or your use of the Moriah Corporation Sites, Products and Services, including contents of any communication, without your prior permission if Moriah Corporation has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) preserve the national security of the United States of America (3) protect and defend the rights or property of Moriah Corporation, its employees, contractors, franchises, partners, agents, and affiliated companies; (4) enforce the terms or use; (5) act under exigent circumstances to protect the personal safety of users of Moriah Corporation, its web sites, or the public or (6) act to protect the interests of its members or of others. Moriah Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Moriah Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Moriah Corporation Sites, Products and Services or information provided to or gathered by Moriah Corporation with respect to such use.
COPYRIGHT AND TRADEMARK NOTICES:
COPYRIGHT. All content of Moriah Corporation Web Sites are: Copyright © 2011 Moriah Corporation and/or its suppliers. All rights reserved.
TRADEMARKS. Moriah Corporation, MoriahCorp.com, MoriahCorp.Net Moriah Corporation Logos, Moriah Corporation Emblems, Moriah Corporation Mission Statement, Moriah Corporation Advertising Slogans and/or other Moriah Corporation products and services referenced herein are trademarks or registered trademarks of Moriah Corporation in the United States and/or other countries.
Any rights not expressly granted herein are reserved.
ADDITIONAL TERMS:
E-COMMERCE, PRICING AND REFUNDS
See Return and Exchange Policy for additional disclosures relating to manufacturers warranties, discounts, rebates and refund policies.
Subscription-Based Content
Some content, products and/or services on Moriah Corporation Sites may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content, products or services and transmit to Moriah Corporation a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content, products and/or services by contacting Customer Service. You will not be charged the monthly subscription fee thereafter, but there will be no refunds of subscription fees previously paid. No cancellation of access to free content and/or services is required. Your subscription is personal to you and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
Account Information
By using any "My Account" service through Moriah Corporation web sites, you authorize Moriah Corporation and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Moriah Corporation and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Moriah Corporation and its agents to process your request and use information submitted by you to accomplish the foregoing.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password and/or account. Please notify Moriah Corporation immediately of any unauthorized use of your password and/or account or any other breach of security. Moriah Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
No Professional Advice
The information appearing in any Hints and Tips Web page on Moriah Corporation web sites or transmitted on any Moriah Corporation Communication Services is intended solely as general guidance and does not constitute legal or other professional advice. Individual situations vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Information appearing in a Hints and Tips Web page or Communication Services is believed to be accurate, but Moriah Corporation and its suppliers do not warrant or guarantee such accuracy. You should independently verify all relevant information prior to making any decisions based on such information.
E-Mail
This Terms of Use applies to the Moriah Corporation e-mail services. When you use Moriah Corporation's Web Sites, Products and Services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the Moriah Corporation web site
Photos
In addition to the warranty and representation set forth in these Terms of Use, by posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use. You warrant and represent that you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and that each person depicted in such Picture, (if any), has provided consent to the use of the Picture as set forth in these Terms of Use, including, but not limited to, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting to the general public and/or to any person with whom you share Pictures using Moriah Corporation Communication Services, permission to use your Picture in connection with the use of any Moriah Corporation Sites and Services, (including downloading, printing and making prints), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from Moriah Corporation Web Sites or Communication Services, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.
BILLING
See Return and Exchange Policy for additional disclosures relating to manufacturers warranties, discounts, rebates and refund policies.
Charges on your Billing Account
Moriah Corporation may bill you through your online account for services and items obtained under this Agreement. You agree to pay Moriah Corporation all charges at the prices then in effect for any Products or Services ordered by you or other persons using your Account, and you authorize Moriah Corporation to charge your chosen Payment Method for such Products and Services. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you on your Online Statement. You will have one Online Statement per Billing Account. Moriah Corporation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE, SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE, AND YOU MUST PROMPTLY NOTIFY MORIAH CORPORATION IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING ON TO YOUR ACCOUNT. IF YOU FAIL TO PROVIDE MORIAH CORPORATION ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MORIAH CORPORATION MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION OR ORDER FOR SUCH PRODUCT OR SERVICE IN WRITING.
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other Payment Method Provider. If Moriah Corporation does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account immediately upon demand.
Prices for all Products and Services exclude all applicable taxes, telecommunication charges, and shipping unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes, shipping and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and Moriah Corporation shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that Moriah Corporation may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
MORIAH CORPORATION MAY SUBMIT MONTHLY CHARGES FOR SERVICES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE IN WRITING THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MORIAH CORPORATION REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
Your non-termination or continued use of the Products or Services on your Billing Account reaffirms that Moriah Corporation is authorized to charge your Payment Method. Moriah Corporation may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Moriah Corporation's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, per order, or as otherwise described when you initially ordered the applicable Product or Service.
Refund Policies
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the terms expressly say otherwise. Except as otherwise required by law, the costs of any returns, if permitted will be at your expense. See Returns and Exchange Policy.
Online Statement
Your Online Statement will be available after you logon to your account. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that Moriah Corporation is required to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. You may request a paper copy of your Online Statement, but you may be charged a nominal retrieval fee. To request a paper copy of your Online Statement, contact Customer Service. Paper copies of your Online Statement will only be provided for 90 days from the date of the original Online Billing.
Moriah Corporation will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owed to Moriah Corporation. Unless you notify Moriah Corporation of any error within 30 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE MORIAH CORPORATION FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO MORIAH CORPORATION WITHIN 30 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
Due Dates, Late Charges and Collection Costs
The amount due to Moriah Corporation for your Billing Account must be paid in full on the date such payment is requested by Moriah Corporation, not later than 10 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Moriah Corporation on amounts due but not timely paid. The late charge will be 2% per month on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Moriah Corporation reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
Default
If Moriah Corporation does not receive payment for any charge to your Billing Account, you will be in default and Moriah Corporation may suspend or cancel your access to any or all Moriah Corporation Products and Services. If your Payment Method Provider seeks return of payments previously made to Moriah Corporation, but Moriah Corporation in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Moriah Corporation may cancel your access to any or all Products and Services. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MORIAH CORPORATION MAY STOP DELIVERY OF ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A MORIAH CORPORATION SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
Moriah Corporation may, in its discretion, terminate, cancel, or suspend an accepted order if Moriah Corporation is notified that your Payment Method has expired or has been canceled, or if Moriah Corporation has reason to believe that any Billing Account information you provided is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Moriah Corporation, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension, including charges made after termination by you but before Moriah Corporation could reasonably act on your termination notice. You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
General
By purchasing any Subscription, Product, or Service from Moriah Corporation you represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate, including, without limitation, information relating to your Payment Method; (3) you are an individual, or in the case of a business or other entity, an agent of the business or other entity duly authorized to use the designated Payment Method. You agree to pay for all charges, including charges by other persons to your account, and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an business or other entity, you represent and warrant that you are duly authorized to legally bind the business or other entity to all terms and conditions of this Agreement and that you have made the business or other entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. Moriah Corporation may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation,by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products or Services.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form ALL INFORMATION THAT MORIAH CORPORATION IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, PRODUCTS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MORIAH CORPORATION, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MORIAH CORPORATION WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR PURCHASE OF SUBSCRIPTIONS, PRODUCTS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A MORIAH CORPORATION WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A MORIAH CORPORATION WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to you in electronic form by Moriah Corporation for a period of ninety (90) calendar days from the date that Moriah Corporation first provided the Required Information to you; however,Moriah Corporation may charge a reasonable fee for providing such paper copies. You may request paper copies bycontacting Customer Service.
Hardware and Software Requirements
In order to receive Required Information electronically from Moriah Corporation, you must have a valid e-mail address and submit it to Moriah Corporation upon sign-up for any subscription, product, service or other item provided under this Agreement. Your computer also must have the most current web browser and an e-mail software program capable of sending and receiving e-mail from Moriah Corporation via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from Moriah Corporation via a plain text-formatted e-mail or by access to a Moriah Corporation web site using one of the browsers specified above.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MORIAH CORPORATION, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MORIAH CORPORATION A CURRENT VALID E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY LOGGING ON TO YOUR ACCOUNT. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, MORIAH CORPORATION MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, PRODUCTS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.
NEWSLETTERS AND EMAIL MARKETING
By entering your email address and contact information on Moriah Corporation's website, you are agreeing to receive E-Mail marketing, Electronic newsletters, and other E-Mail communications from Moriah Corporation.
You may opt out of receiving email marketing and newsletters by following the current "OPT-OUT" procedures included in the aforementioned E-mail correspondence.
Exercising the "OPT-OUT" option will not exclude you from receiving billing, notifications, account information, or other direct correspondence from Moriah Corporation.
Moriah Corporation's web sites are composed of web pages designed, owned, and operated by Moriah Corporation, 1218 Sarno Road, Melbourne, Florida 32935. This Terms of Use and Notice applies only to web sites owned and operated by Moriah Corporation and does not apply to the web sites, links, and/or content of any third parties.
Use of Moriah Corporation's web sites are conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Moriah Corporation's web sites constitutes your agreement to all such terms, conditions, and notices. Your use of particular web pages included within Moriah Corporation's web sites may also be subject to additional terms outlined elsewhere in this agreement.
Moriah Corporation's web sites may contain additional terms, codes of ethics, conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.
In the event that any of the terms, conditions, and notices contained herein conflict with any additional terms or other terms and guidelines contained within any particular Moriah Corporation's web sites, then these terms shall govern.
MODIFICATION OF THESE TERMS OF USE
Moriah Corporation reserves the right to change the terms, conditions, and notices under which Moriah Corporation's Sites, Products, and Services are offered, including but not limited to any charges associated with the use of Moriah Corporation's Sites and Services. You are responsible for regularly reviewing these terms and conditions and any relevant additional terms. Your use of Moriah Corporation's Sites and Services and/or purchase of Products or Services from Moriah Corporation constitutes your agreement to all such terms, conditions, and notices.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See Moriah Corporation's Privacy Statement for disclosures relating to collection and use of your personal information.
ACCOUNTS, PASSWORDS, AND SECURITY
When Moriah Corporation's web sites, or any Product or Service offered on Moriah Corporation's web sites require you to create an account as a condition of purchase or use of the site's Products or Services, you are required to complete the registration process by providing current, complete, and accurate information as prompted by the registration forms. You then will choose a user name and a password. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all purchases, transactions, and activities that occur under your account. You agree to notify Moriah Corporation immediately of any unauthorized use of your account or any other breach of security. Moriah Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Moriah Corporation due to someone else using your account or password. You may not use anyone else’s account at any time.
RESIDENTIAL AND COMMERCIAL USE
Unless otherwise specified, Moriah Corporation's Sites, Products and Services are for both Residential and Commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Moriah Corporation's web sites.
ON-SITE SERVICE AREAS
Moriah Corporation presently provides on-site services throughout the Continental United States. Moriah Corporation may at any time at its discretion, expand its scope and/or areas of on-site service or make exception to the present on-site service regions at any time so deemed in the best interest of Moriah Corporation.
Moriah Corporation will honor orders and provide advertised products only within the continental United States and Canada. Moriah Corporation may at any time at its discretion, expand its scope and/or areas of service or make exception to the present product sales region or expand the product sales region internationally at any time so deemed in the best interest of Moriah Corporation.
NO UNLAWFUL OR PROHIBITED USE
You will not use Moriah Corporation's Sites and Services for any purpose that is criminal, unlawful, immoral, unethical or prohibited by these terms, conditions, and notices. You may not use Moriah Corporation's Sites and Services in any manner that could damage, disable, or impair any of Moriah Corporation's Sites, Products, Services (or the networks, hardware, or software connected to any of Moriah Corporation's Sites, Products or Services) or interfere with any other party's use and enjoyment of any Moriah Corporation's Sites, Products and Services. Violation of this condition may result in Moriah Corporation's actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
NO ATTEMPTS TO GAIN UNAUTHORIZED ACCESS
You may not attempt to gain unauthorized access to any Moriah Corporation's Sites, Products, Services, programming code, user accounts, user information or financial data of Moriah Corporation or its lawful customers, other accounts, computer systems or networks connected to any Moriah Corporation Sites, Products and Services, through hacking, cracking, phishing or any other unlawful or unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Moriah Corporation through Moriah Corporation's Sites Products and Services. Violation of this condition may result in Moriah Corporation's actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
SECURITY AND ACTIVE MONITORING
You are hereby notified that for the safety, privacy, and security of itself and its customers, Moriah Corporation reserves the right to actively monitor all connections to Moriah Corporation's Sites, Products, Services, and to employ any and all lawful electronic means deemed necessary to ensure the safety, privacy and security of itself and its customers. As a condition of your use of Moriah Corporation Sites, Products and Services, you agree to such monitoring of your connection and transactions, inclusive of, but not limited to your I.P. addresses, MAC addresses and contact information. Any attempted breech of security may result in Moriah Corporation actively pursuing criminal prosecution and the procurement of civil remedies against offenders to the fullest extent of all applicable federal, state, and local laws.
USE OF SERVICES
Moriah Corporation Sites may offer and/or discontinue "Communication Services" (i.e. e-mail, blogs, social networks, bulletin boards, forums, groups, calendars, file cabinets and/or other messages or communication facilities designed to enable you to communicate with others) at its discretion. You agree to use these Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree that when using a Moriah Corporation Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages.
- Defame, abuse, harass, stalk, threaten or violate the legal rights or privacy of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, pornographic, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, material or information that incites discrimination, hate or violence towards one person or a group of persons because of their race, gender, religion or national origin.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws.
- Use any material or information, including images or photographs, made available through the Moriah Corporation Sites and Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of Moriah Corporation or any other party.
- Upload files that contain viruses, Trojan horses, worms, corrupted files, malicious code or any other similar software or programs that may damage the operation of another's computer or damage the physical or intellectual property of another.
- Advertise or offer to sell or buy any goods or services for any purpose, unless specifically authorized in writing by Moriah Corporation.
- Download any file posted by another user of a Communication Service 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 the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable.
- Harvest or otherwise collect information about others, including but not limited to personal information and e-mail addresses.
- Violate any applicable federal, state, or local laws or regulations.
- Create a false identity for the purpose of fraud or misleading others.
- Use, download or otherwise copy, or provide to a person or entity any directory of users of Moriah Corporation Sites and Services or other user or usage information or any portion thereof.
Moriah Corporation does not control or endorse the content, messages or information found in its Communication Services and specifically disclaims any liability with regard to its Communication Services and any actions resulting from your participation in any of its Communication Services.
LINKS TO THIRD PARTY SITES
Moriah Corporation Sites and Services may contain images of and links to third party Web sites. The Linked Sites are not under the control of Moriah Corporation and Moriah Corporation is not responsible for the contents of any Linked Site nor is Moriah Corporation responsible if the Linked Site is not functioning appropriately. Moriah Corporation provides Linked Sites only as a convenience, and the inclusion of any Linked Sites does not imply endorsement by Moriah Corporation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties included within Moriah Corporation Sites and Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Moriah Corporation shall not be responsible or liable for any part of any such dealings or promotions.
ADDITIONAL RESTRICTIONS
Moriah Corporation specifically prohibits any person, company, or other entity or the webmasters, owners, operators, advertisers and or agents manufacturing and/or distributing the following products and/or services from providing links to Moriah Corporation Sites, Products and Services, advertising or displaying the name, trademark, or logo of Moriah Corporation or its officers, employees or agents on any of their company literature, advertising or promotional material, web sites, newsgroups, services, products, distributions or any other materials for any reason whatsoever :
- Any sexually explicit, profane, pornographic, defamatory, obscene, or indecent web site, service, product, video distribution or printed material . Any company which provides such products and/or services.
- Any topic, name, material or information that incites discrimination, hate or violence towards one person or a group of persons because of their race, gender, religion or national origin.
- Any topic, name, material or information that incites discrimination, hate, subversion or violence towards the United States or its government.
- Any web site or service which unlawfully distributes or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws.
- Any files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of the internet, another's computer or property of another.
- Any web site, service, company or organization which manufactures, sells, distributes, promotes, or advertises the purchase and/or use of illegal drugs.
- Any web site, service, company or organization which manufactures, sells, distributes, promotes, or advertises the purchase and/or use of alcohol or tobacco products.
- Any web site, service or organization which otherwise violates federal state, local or international laws.
SUBMISSIONS
Moriah Corporation retains ownership of any material (submission) you provide to Moriah Corporation, including feedback, suggestions or postings, or uploads, you submit to any Moriah Corporation Site or Service for review by the general public, or by the members of any public or private group. By posting, uploading, inputting, providing or submitting your material you are granting Moriah Corporation permission to use your material in connection with the operation of its business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your material; to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Moriah Corporation is under no obligation to post or use any submission you may provide and Moriah Corporation may remove any submission at any time in its sole discretion.
By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
SOFTWARE AND CONTENT
All content and software (if any) that is made available to purchase, view and/or download in connection with Moriah Corporation Sites, Products and Services, is owned by and is the copyrighted work of Moriah Corporation or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MORIAH CORPORATION SITES AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO MORIAH CORPORATION SITES AND SERVICES AND TO THE INFORMATION THEREIN. MORIAH CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MORIAH CORPORATION SITES AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA MORIAH CORPORATION SITES AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC SITUATION.
MORIAH CORPORATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN MORIAH CORPORATION SITES AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MORIAH CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH MORIAH CORPORATION SITES AND SERVICES. YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MORIAH CORPORATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN MORIAH CORPORATION SITES AND SERVICES BY ANY THIRD PARTY.
IN NO EVENT SHALL MORIAH CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, WITH THE DELAY OR INABILITY TO USE MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MORIAH CORPORATION SITES AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MORIAH CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MORIAH CORPORATION SITES, PRODUCTS AND SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY OTHER THAN PRODUCT REFUNDS UNDER THE CONDITIONS SPECIFIED IN Return and Exchange Policy IS TO DISCONTINUE USING MORIAH CORPORATION SITES, PRODUCTS AND SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Moriah Corporation may establish limits concerning use of any service offered including without limitation the maximum number of days that Communication Service messages will be retained, the maximum number of Communication Service messages that may be sent from or received by an account, the maximum size of a Communication Service message that may be sent from or received by an account, the maximum disk space that will be allotted on Moriah Corporation's servers on your behalf either cumulatively or for any particular service and the maximum number of times and duration you may access any Moriah Corporation Service in a given period of time.
You agree that Moriah Corporation has no responsibility or liability for the deletion, corruption or failure to store any Communication Service messages or other content maintained or transmitted by any Moriah Corporation Service. You acknowledge that the features, parameters or existence of any Moriah Corporation Service may change at any time. You acknowledge that Moriah Corporation reserves the right to sign out, terminate or delete your accounts for any particular Site or Service offered by Moriah Corporation that is "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular Service for an extended period of time, as determined by Moriah Corporation, at its sole discretion.
MORIAH CORPORATION MAKES NO WARRANTY THAT ANY SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION / ACCESS RESTRICTION
Moriah Corporation reserves the right, in its sole discretion, to terminate your access to any or all Moriah Corporation Sites, Products and Services at any time, without notice. Moriah Corporation may also terminate or suspend your access to Moriah Corporation Sites, Products and Services for inactivity, as set forth, above, in "Storage Space and Other Limitations." Moriah Corporation shall have no obligation to maintain any content or to forward any unread or unsent Communication Service messages to you or any third party.
SPAM / DAMAGES
Moriah Corporation may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Moriah Corporation liquidated damages of five dollars ($5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Moriah Corporation's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Moriah Corporation may charge such damages to your selected Payment Method, as set forth in the Moriah Corporation Billing section, below.
GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws shall be adjudicated under the laws of the state of Florida. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Brevard County, Florida, United States of America in all disputes arising out of or relating to the use of Moriah Corporation Sites, Products and Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moriah Corporation as a result of this agreement or use of Moriah Corporation Sites, Products and Services. You agree to indemnify and hold Moriah Corporation, its parents, subsidiaries, affiliates, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Moriah Corporation Sites and Services. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Moriah Corporation with respect to Moriah Corporation Sites, Products and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Moriah Corporation with respect to Moriah Corporation Sites, Products and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISCLOSURE
Moriah Corporation reserves the right to disclose any personal information about you or your use of the Moriah Corporation Sites, Products and Services, including contents of any communication, without your prior permission if Moriah Corporation has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) preserve the national security of the United States of America (3) protect and defend the rights or property of Moriah Corporation, its employees, contractors, franchises, partners, agents, and affiliated companies; (4) enforce the terms or use; (5) act under exigent circumstances to protect the personal safety of users of Moriah Corporation, its web sites, or the public or (6) act to protect the interests of its members or of others. Moriah Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Moriah Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Moriah Corporation Sites, Products and Services or information provided to or gathered by Moriah Corporation with respect to such use.
COPYRIGHT AND TRADEMARK NOTICES:
COPYRIGHT. All content of Moriah Corporation Web Sites are: Copyright © 2011 Moriah Corporation and/or its suppliers. All rights reserved.
TRADEMARKS. Moriah Corporation, MoriahCorp.com, MoriahCorp.Net Moriah Corporation Logos, Moriah Corporation Emblems, Moriah Corporation Mission Statement, Moriah Corporation Advertising Slogans and/or other Moriah Corporation products and services referenced herein are trademarks or registered trademarks of Moriah Corporation in the United States and/or other countries.
Any rights not expressly granted herein are reserved.
ADDITIONAL TERMS:
E-COMMERCE, PRICING AND REFUNDS
See Return and Exchange Policy for additional disclosures relating to manufacturers warranties, discounts, rebates and refund policies.
Subscription-Based Content
Some content, products and/or services on Moriah Corporation Sites may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content, products or services and transmit to Moriah Corporation a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content, products and/or services by contacting Customer Service. You will not be charged the monthly subscription fee thereafter, but there will be no refunds of subscription fees previously paid. No cancellation of access to free content and/or services is required. Your subscription is personal to you and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
Account Information
By using any "My Account" service through Moriah Corporation web sites, you authorize Moriah Corporation and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Moriah Corporation and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Moriah Corporation and its agents to process your request and use information submitted by you to accomplish the foregoing.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password and/or account. Please notify Moriah Corporation immediately of any unauthorized use of your password and/or account or any other breach of security. Moriah Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
No Professional Advice
The information appearing in any Hints and Tips Web page on Moriah Corporation web sites or transmitted on any Moriah Corporation Communication Services is intended solely as general guidance and does not constitute legal or other professional advice. Individual situations vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Information appearing in a Hints and Tips Web page or Communication Services is believed to be accurate, but Moriah Corporation and its suppliers do not warrant or guarantee such accuracy. You should independently verify all relevant information prior to making any decisions based on such information.
This Terms of Use applies to the Moriah Corporation e-mail services. When you use Moriah Corporation's Web Sites, Products and Services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the Moriah Corporation web site
Photos
In addition to the warranty and representation set forth in these Terms of Use, by posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use. You warrant and represent that you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and that each person depicted in such Picture, (if any), has provided consent to the use of the Picture as set forth in these Terms of Use, including, but not limited to, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting to the general public and/or to any person with whom you share Pictures using Moriah Corporation Communication Services, permission to use your Picture in connection with the use of any Moriah Corporation Sites and Services, (including downloading, printing and making prints), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from Moriah Corporation Web Sites or Communication Services, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.
BILLING
See Return and Exchange Policy for additional disclosures relating to manufacturers warranties, discounts, rebates and refund policies.
Charges on your Billing Account
Moriah Corporation may bill you through your online account for services and items obtained under this Agreement. You agree to pay Moriah Corporation all charges at the prices then in effect for any Products or Services ordered by you or other persons using your Account, and you authorize Moriah Corporation to charge your chosen Payment Method for such Products and Services. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you on your Online Statement. You will have one Online Statement per Billing Account. Moriah Corporation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE, SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE, AND YOU MUST PROMPTLY NOTIFY MORIAH CORPORATION IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING ON TO YOUR ACCOUNT. IF YOU FAIL TO PROVIDE MORIAH CORPORATION ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MORIAH CORPORATION MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION OR ORDER FOR SUCH PRODUCT OR SERVICE IN WRITING.
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other Payment Method Provider. If Moriah Corporation does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account immediately upon demand.
Prices for all Products and Services exclude all applicable taxes, telecommunication charges, and shipping unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes, shipping and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and Moriah Corporation shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that Moriah Corporation may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
MORIAH CORPORATION MAY SUBMIT MONTHLY CHARGES FOR SERVICES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE IN WRITING THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MORIAH CORPORATION REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
Your non-termination or continued use of the Products or Services on your Billing Account reaffirms that Moriah Corporation is authorized to charge your Payment Method. Moriah Corporation may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Moriah Corporation's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, per order, or as otherwise described when you initially ordered the applicable Product or Service.
Refund Policies
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the terms expressly say otherwise. Except as otherwise required by law, the costs of any returns, if permitted will be at your expense. See Returns and Exchange Policy.
Online Statement
Your Online Statement will be available after you logon to your account. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that Moriah Corporation is required to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. You may request a paper copy of your Online Statement, but you may be charged a nominal retrieval fee. To request a paper copy of your Online Statement, contact Customer Service. Paper copies of your Online Statement will only be provided for 90 days from the date of the original Online Billing.
Moriah Corporation will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owed to Moriah Corporation. Unless you notify Moriah Corporation of any error within 30 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE MORIAH CORPORATION FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO MORIAH CORPORATION WITHIN 30 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
Due Dates, Late Charges and Collection Costs
The amount due to Moriah Corporation for your Billing Account must be paid in full on the date such payment is requested by Moriah Corporation, not later than 10 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Moriah Corporation on amounts due but not timely paid. The late charge will be 2% per month on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Moriah Corporation reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
Default
If Moriah Corporation does not receive payment for any charge to your Billing Account, you will be in default and Moriah Corporation may suspend or cancel your access to any or all Moriah Corporation Products and Services. If your Payment Method Provider seeks return of payments previously made to Moriah Corporation, but Moriah Corporation in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Moriah Corporation may cancel your access to any or all Products and Services. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MORIAH CORPORATION MAY STOP DELIVERY OF ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A MORIAH CORPORATION SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
Moriah Corporation may, in its discretion, terminate, cancel, or suspend an accepted order if Moriah Corporation is notified that your Payment Method has expired or has been canceled, or if Moriah Corporation has reason to believe that any Billing Account information you provided is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Moriah Corporation, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension, including charges made after termination by you but before Moriah Corporation could reasonably act on your termination notice. You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
General
By purchasing any Subscription, Product, or Service from Moriah Corporation you represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate, including, without limitation, information relating to your Payment Method; (3) you are an individual, or in the case of a business or other entity, an agent of the business or other entity duly authorized to use the designated Payment Method. You agree to pay for all charges, including charges by other persons to your account, and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an business or other entity, you represent and warrant that you are duly authorized to legally bind the business or other entity to all terms and conditions of this Agreement and that you have made the business or other entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. Moriah Corporation may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation,by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products or Services.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form ALL INFORMATION THAT MORIAH CORPORATION IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, PRODUCTS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MORIAH CORPORATION, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MORIAH CORPORATION WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR PURCHASE OF SUBSCRIPTIONS, PRODUCTS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A MORIAH CORPORATION WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A MORIAH CORPORATION WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to you in electronic form by Moriah Corporation for a period of ninety (90) calendar days from the date that Moriah Corporation first provided the Required Information to you; however,Moriah Corporation may charge a reasonable fee for providing such paper copies. You may request paper copies bycontacting Customer Service.
Hardware and Software Requirements
In order to receive Required Information electronically from Moriah Corporation, you must have a valid e-mail address and submit it to Moriah Corporation upon sign-up for any subscription, product, service or other item provided under this Agreement. Your computer also must have the most current web browser and an e-mail software program capable of sending and receiving e-mail from Moriah Corporation via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from Moriah Corporation via a plain text-formatted e-mail or by access to a Moriah Corporation web site using one of the browsers specified above.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MORIAH CORPORATION, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MORIAH CORPORATION A CURRENT VALID E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY LOGGING ON TO YOUR ACCOUNT. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, MORIAH CORPORATION MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, PRODUCTS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.
NEWSLETTERS AND EMAIL MARKETING
By entering your email address and contact information on Moriah Corporation's website, you are agreeing to receive E-Mail marketing, Electronic newsletters, and other E-Mail communications from Moriah Corporation.
You may opt out of receiving email marketing and newsletters by following the current "OPT-OUT" procedures included in the aforementioned E-mail correspondence.
Exercising the "OPT-OUT" option will not exclude you from receiving billing, notifications, account information, or other direct correspondence from Moriah Corporation.
