Innovation Brands Corp.
Terms of Use
Last Updated: November 25, 2024
Welcome to DojoMojo! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, including without limitations our partnership marketing, media transactions, content generation, direct marketing, and audience engagement tools and services, as offered through our website at www.dojomojo.com (the “Services”). If you have any questions, comments or concerns regarding these Terms of Service or the Services, please contact us at support@dojomojo.com
These Terms of Service (the “Terms”) are a binding contract between you and Innovation Brands Corp d/b/a DojoMojo, its parent companies, successors and assigns (“DojoMojo”, “Company”, “we”, “our” and “us”). BY USING THE SERVICES, CLICKING ON THE “I ACCEPT” OR “GET STARTED” BUTTON OR OTHER MECHANISM PROVIDED, COMPLETING YOUR ACCOUNT REGISTRATION, ENTERING INTO ANY AGREEMENT WITH PROXIMA THAT INCORPORATES THESE TERMS BY REFERENCE, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PROXIMA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE INDIVIDUAL NAMED AS THE USER AT THE TIME OF REGISTRATION, OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ORGANIZATION (“YOUR ORGANIZATION”), YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THE TERMS (AND, IN WHICH CASE, THE TERMS “YOU” AND “YOUR” OR “CUSTOMER” WILL REFER TO YOUR ORGANIZATION). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
IF YOU SUBSCRIBE TO ANY SUBSCRIPTION SERVICES (DEFINED BELOW) FOR A TERM (THE “INITIAL PAYMENT TERM”), THEN YOU WILL BE CHARGED FOR FEES IN CONNECTION WITH SUCH SUBSCRIPTION SERVICES, WHICH SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OUR THEN-CURRENT FEE FOR SUCH SUBSCRIPTION SERVICES UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL PRIOR TO THE EFFECTIVE DATE THEREOF, AS FURTHER DESCRIBED IN SECTION D(4).
Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Dispute Policy, any Data Service Agreement entered into between you and DojoMojo (“Service Agreement”), and any other terms or policies that may be made available by us from time to time (collectively “Supplemental Terms”), which such Supplemental Terms are incorporated herein by reference. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable service, unless otherwise stated in the Supplemental Terms.
A. Modification to these Terms
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will notify you, such as by placing a notice on the www.dojomojo.com website, sending you an email to the email address you used to register on the Services, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
B. Privacy
Our Privacy Policy describes how we collect and use any personal information provided by you to us. For the current Privacy Policy, please click here
C. Eligibility
In order to use the Services, you may be required to sign up for a user account on the Services (“Account”), and select a password and username. You promise to provide us with true, complete, and up to date contact and registration information about yourself, and to update such information as needed to ensure that it stays true, accurate, and complete. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You are solely responsible for keeping your Account username and password confidential and for protecting the security thereof. You will not share your Account username or password with anyone, unless it is an authorized employee within your organization. You’re responsible for any activity associated with your Account, whether or not authorized by you.
You’ll immediately notify us of any unauthorized use of your Account(s). We are not responsible for any losses due to stolen or hacked passwords. You acknowledge that we do not have access to your current password, and may only reset your password at your request.
If you use the Services to connect your Account to a third-party account, such as an account with a payment processor, e-commerce platform, social media network, or other vendor or third-party service provider (each such account, a “Third-Party Account”), you understand that DojoMojo may access, make available and store (if applicable) any information, data, other materials that you have provided to and stored in your Third-Party Account, including, but not limited to, your name and email address as well as information about your End Users (defined below), including End Users’ name, email address, purchase history, transaction value, product details, engagement history, and shipping details (“Third-Party Account Content”). Unless otherwise specified in these Terms, all Third-Party Account Content shall be considered to be Your Content (as defined below) for all purposes of these Terms and, for the avoidance of doubt, you represent and warrant that you have all rights necessary to provide Third-Party Account Content to us as further described in Section E. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or other sensitive information that you post to, use with, or make available through your Third-Party Accounts may be available to us. Please note that if a Third-Party Account or associated service becomes unavailable or DojoMojo’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content may no longer be available on and through the Services. You may have the ability to disable the connection between us and your Third-Party Accounts at any time by adjusting your account settings on the applicable Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PROXIMA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. DojoMojo makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and DojoMojo is not responsible for any Third-Party Account Content.
You represent and warrant that you will use the Services only in accordance with these Terms and in a manner that complies with any and all federal, state or local laws and regulations that apply to you, including laws that apply to Your Content. If your use of the Services or any portion thereof is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in any way that violates the law.
Your use of the Services is subject to the following additional terms:
You represent, warrant, and agree that you will not contribute to or make available through the Services any Content, or otherwise use the Services or interact with the Services in a manner, that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including ours);
Violates any law or regulation, including any applicable data protection and export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Account or anyone else’s (such as allowing an unauthorized person to log in to the Services as you);
Attempts, in any manner, to obtain the password, Account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
By submitting any Content, including any information of or related to (i) any subscriber, customer, or other end user of your business, products or services or (ii) any other third party (each and collectively, “End User”) through the Services (collectively, the “End User Information”), you represent, warrant, and agree that: (y) any and all such Content (including End User Information included therein) has been collected in accordance with any applicable laws, rules or regulations, and (z) you have obtained all third-party licenses, consents and permissions needed for DojoMojo to use the Content (including the End User Information) in accordance with the terms hereof (including any Supplemental Terms applicable to a particular use of such End User Information). You hereby agree to indemnify and hold harmless DojoMojo, and all of its officers, directors, shareholders, employees and agents, with respect to any loss, claim, suit or liability (including attorney’s fees and related costs), arising from the collection, use, processing, and/or disclosure of such End User Information.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
D. Payments and Billing
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service, including without limitation when you enter into a Service Agreement, are deemed part of this Agreement. When you sign up for, access, or use any Paid Services, including subject to a Service Agreement, you agree to pay all amounts incurred by your Account in connection with such Paid Services.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor (the “Payment Processor Terms”) in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you (i) agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the then-applicable payment terms; (ii) authorize us, through the Payment Processor, to charge your chosen credit card, paypal account, or other supported payment provider (your “Payment Method”); (iii) agree to make payment using that selected Payment Method; and (iv) agree to comply with the Payment Processor Terms. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.
Payment Method. The terms of your Payment Method shall be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Subscription Services. Some of the Paid Services may consist of an Initial Payment Term, for which there is a one-time charge, followed by recurring charges at regular intervals as set forth on the Services when you select or purchase such Paid Services (“Subscription Services”). By choosing a Subscription Service, you authorize us and/or our Payment Processor to charge your Payment Method at the start of the Initial Payment Term and again at regular intervals thereafter. You acknowledge and agree that Subscription Services incur recurring charges and automatically renew, and you accept responsibility for all such recurring charges. YOU AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION SERVICE. IN ORDER TO CANCEL A SUBSCRIPTION SERVICE, YOU MUST EMAIL support@dojomojo.com OR CONTACT YOUR ACCOUNT REPRESENTATIVE. ONCE WE HAVE CONFIRMED RECEIPT OF YOUR TERMINATION, YOU WILL RECEIVE THE SUBSCRIPTION SERVICES ONLY FOR THE REMAINDER OF THE BILLING PERIOD, AND WILL RECEIVE NO FURTHER RECURRING CHARGES. CHANGES TO PAYMENT METHOD AND TERMINATIONS OF SUBSCRIPTION SERVICES MUST BE SUBMITTED TO US AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE NEXT SUBSCRIPTION RENEWAL DATE IN ORDER TO TAKE EFFECT. WE WILL NOT BE LIABLE TO YOU FOR, AND YOU WILL NOT BE ELIGIBLE FOR ANY REFUNDS IN CONNECTION WITH, ANY RENEWALS OF ANY SUBSCRIPTION SERVICES THAT YOU DID NOT TIMELY CANCEL.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT AND PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN PAYMENT METHOD, BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR 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. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide upon request, notice of the amount to be charged and the date of the charge. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred for multiple Paid Services or during multiple Services terms and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, through email request to support@dojomojo.comor by emailing your account manager, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, email notice to support@dojomojo.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Service Agreements. When you purchase any Paid Services through a Service Agreement, you agree that, unless otherwise stated in the Service Agreement, all fees for such Paid Services are noncancellable and nonrefundable. Unpaid fees for Paid Services will accrue interest at the lesser of 1.5% per month or the greatest amount allowed by applicable law.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@dojomojo.com
E. Rights and Licenses
The materials displayed or performed or available on or through the Services, including without limitation, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you agree that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DojoMojo’s) rights.
You understand that DojoMojo owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on or otherwise exploit any of the Services except as expressly permitted hereunder, or access or use any Services for the purpose of creating a competitive product or service.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all of the restrictions above don’t apply – they do!
Your Proprietary Rights. Any Content that you post, upload, share, store or otherwise provide through the Services, including any End User Information, Messages, etc., is your “User Content.” You are responsible for all User Content that you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it, and that all such User Content is in compliance with all applicable state, federal and local laws, rules and regulations.
In addition to the licenses that you grant in this Section E(1), our Privacy Policy describes how we collect and use any personal information provided by you to us.
If you collect, store, upload, make available, or otherwise use User Content (including End User Information) through the Services, you hereby grant to DojoMojo a worldwide, transferable, sublicensable (through multiple tiers), perpetual, irrevocable, non-exclusive, royalty-free license to: (a) use, share and otherwise process the User Content to provide the Services to you and to our other customers, including to enable DojoMojo to prioritize marketing communications sent on behalf of customers by using insights that DojoMojo develops for its internal business purposes from User Content provided by participating DojoMojo customers; (b) use the End User Information to maintain and improve our products, software and services, including by creating aggregate and/or deidentified datasets using such End User Information; and (c) share, sell, and commercialize such User Content and any datasets or derivative works derived therefrom, as set forth herein and in our Privacy Policy.
n addition to the license rights to the End User Information set forth above, with respect to all User Content that you provide to us, you hereby grant DojoMojo a license to translate, modify (for example, in order to make sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services and provide the Services to you and our other customers, as described in more detail below, as well as to maintain and improve our products, software and services, including by using the User Content to train AI Tools (defined below). This is a license only – your ownership in User Content is not affected.
If you store User Content in your own Account, in a manner that is not viewable by any other user except you (“Private User Content”), you grant DojoMojo the license above, as well as a license to display, perform and distribute your Private User Content for the purpose of making the Private User Content accessible to you and providing the Services necessary to do so.
If you share User Content in a manner designated that only certain specified users can view (for example, a private message to one or more other users) (“Limited Audience User Content”), then you grant DojoMojo the licenses above, as well as a license to display, perform and distribute your Limited Audience User Content for the sole purpose of making that Limited Audience User Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services. For the avoidance of doubt, any disputes between you and such other users, including with respect to any Limited Audience User Content that such user chooses to use in violation of any conditions you have agreed to between you, is solely between you and such user, and we have no liability or obligation to you in connection with any such dispute.
If you share User Content publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements and/or feature requests relating to the Services (each of the foregoing, “Public User Content”), then you grant DojoMojo the license above, as well as a license to display, perform and distribute your Public User Content for the purpose of making that Public User Content accessible to all DojoMojo users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Services and/or otherwise in connection with DojoMojo’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Our Services may include, link to, or use certain generative AI tools (including AI Services made available by third parties, as further described below, and collectively the “AI Tools”) to collect, analyze, and respond to user prompts and requests and produce text, images, marketing creatives, or other content (“Output”). By using the any AI Tools, you hereby consent and authorize us to share any Content or other information you provide to the Services with the AI Tools in order to complete your request.
You agree that the licenses you grant us in and to your User Content are non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), irrevocable and worldwide, provided that when you delete your DojoMojo Account, we will use commercially reasonable efforts stop displaying your User Content on the Services (other than Public User Content, which may remain fully available) to other users (if applicable), but you understand and agree that we reserve the right to keep and continue to use such User Content as set forth herein. In particular, and without limitation, we may continue to share and commercialize your User Content and use any AI Tools that were trained on your User Content.
Finally, you understand and agree that, in performing the required technical steps to provide the Services to our users (including you), DojoMojo may need to modify your User Content, including to conform and adapt such User Content to the technical requirements of connection networks, devices, services or media, and that the foregoing license includes the rights to do so.
Copyright infringement. ou may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like DojoMojo, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing and to terminate the Accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here
Responsibility for information and material available on the Services. Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
Certain AI Tools made available through the Services may provide you with Output. To the extent that we have ownership rights in such Output, we hereby grant you a limited, revocable license to use the Output for your internal business purposes in connection with the Services. You agree that you shall not, and shall not cause or permit any third party to, resell or otherwise use the AI Tools or the Output for any purpose except as expressly permitted under these Terms. You acknowledge and agree that that you, and not we, shall be responsible for your use of any AI Tools and your use of or reliance on any Output. The AI Tools and the Output may produce results that are inaccurate or inappropriate, and you agree that any use of or reliance on the AI Tools and/or Output is at your own risk.
F. Third Party Websites and Services
The Services may contain links or connections to third party websites or services that are not owned or controlled by DojoMojo. When you access third party websites or use third party services, you accept that there are risks in doing so, and that DojoMojo is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
DojoMojo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DojoMojo will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service, including any AI Services (defined below).
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DojoMojo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Our Service may utilize certain third-party artificial intelligence and deep learning platforms, algorithms, tools and models (“AI Services”) in order to provide and improve our Service. You acknowledge and agree that we may share your User Content with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of your User Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose your User Content, including to further train their algorithmic models. You must review and comply with any such requirements prior to your use of any service that relies on AI Services. You assume all risks associated with your use of such AI Services. You agree that we will have no liability for the unavailability of any AI Services, or any third party’s decision to discontinue, suspend or terminate any AI Services.
We are not responsible for the behavior of any advertisers, or linked third party websites available on or through the Services. The inclusion of any advertisement or hyperlink on the Services does not imply DojoMojo’s endorsement or any association between DojoMojo and the advertised brand or operators of the website corresponding to that hyperlink. You further acknowledge and agree that DojoMojo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such hyperlinked website.
G. Disputes Between Users or With Third Parties.
If there is a dispute between participants on this site, or between users and any third party, you agree that DojoMojo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DojoMojo, its officers, employees, agents and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor or released party.”
H. Changes of the Services.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that might affect you, but this isn’t always practical, and we reserve the right to modify or discontinue any Services or any part of the Services without notice to you. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
I. Termination.
You’re free to stop using the Services at any time, by contacting us at support@dojomojo.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information (including User Content and End User Information) that you provide to us after you have stopped using our Services.
DojoMojo is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including in the event that you breach these Terms. DojoMojo has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of or inability to further access any Content associated with your Account, so keep that in mind before you decide to terminate your Account. We will try to provide advance notice to you prior to terminating your Account so that you are able to retrieve any important User Content you may have stored in your Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of DojoMojo.
If you have deleted your Account by mistake, contact us immediately at support@dojomojo.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
If your Account is terminated for any reason, whether by us or by you, we are not obligated to provide, and you should not expect, any refunds.
J. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PROXIMA OR ITS LICENSORS OR SUPPLIERS OR ITS OR THEIR OFFICERS, EMPLOYEES, OR CONTRACTORS (“PROXIMA PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT ANY OF THE PROXIMA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS PAID BY YOU TO PROXIMA IN CONNECTION WITH THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. FOR THE AVOIDANCE OF DOUBT, PROXIMA PARTIES WILL HAVE NO LIABILITY ARISING FROM OR RELATED TO: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED OR SENT THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (v) YOUR USE OF, OR RELIANCE ON OUTPUT FROM, ANY AI TOOLS (INCLUDING ANY CHATBOT), OR (vi) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROXIMA AND YOU.
K. No Warranties.
Neither DojoMojo nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without warranty of any kind from DojoMojo or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PROXIMA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, PROXIMA DOES NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.
NO REPRESENTATION OR STATEMENT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, NOT CONTAINED IN THESE TERMS WILL BE DEEMED TO BE A WARRANTY BY PROXIMA.
FROM TIME TO TIME, PROXIMA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT PROXIMA’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE PROXIMA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PROXIMA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES SUCH AS THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
L. Indemnity.
You, at your own expense, will indemnify, defend, and hold harmless DojoMojo, its subsidiaries, affiliates and assigns, and its and their respective directors, officers, employees and agents from and against any third-party claim, loss, demand, cause of action, debt or liability, including attorneys’ fees, arising out of or related to (i) your actual or alleged breach of any of these Terms, and (ii) your actual or alleged use or misuse of any DojoMojo Services, including, without limitation, any allegation that you used the DojoMojo Services to send any Message in violation of any federal, state, local or other law, rule, or regulation, including but not limited to the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200).
M. Assignment.
You may not assign, delegate or transfer these Terms or any of your rights or obligations under these Terms, or your Services Account, in any way (by operation of law or otherwise) without DojoMojo’s prior written consent. We may freely transfer, assign or delegate these Terms and our rights and obligations without notice or consent.
N. Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the state of New York, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PROXIMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
O. Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the DojoMojo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and DojoMojo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and DojoMojo. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DojoMojo, and you do not have any authority of any kind to bind DojoMojo in any respect whatsoever. You and DojoMojo agree there are no third party beneficiaries intended under these Terms.