Terms of Use

Please read these Terms of Use (“Terms”) carefully. They contain the legal terms and conditions that govern your use of https://www.moonbaytech.com (the “Site”). This Site is operated by Moonbay Technology, Inc. (“MBT”). MBT is also referred to in these Terms as "we" and "us". BY VISITING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND THE TERMS AND CONDITIONS OF MBT’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Site.

1. Use of the Site

You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without MBT’s prior written authorization. MBT reserves the right to alter or discontinue the Site, in whole or in part, at any time in MBT’s sole discretion.

2. Third Party Links

MBT may provide links to third-party websites or resources from the Site. You acknowledge and agree that MBT is not responsible or liable for the availability or accuracy of, and MBT does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.

3. Intellectual Property Rights

MBT and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and the trademarks, service marks and logos contained therein. You agree you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site without the prior written permission of MBT.

4. Copyright Policy

MBT respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), it is MBT’s policy to respond to notices of any actual or alleged infringement and to terminate the accounts of repeat infringers in appropriate circumstances. If you believe that a work has been copied in a way that constitutes copyright infringement, you should send a notice of infringement to MBT’s Designated Copyright Agent in accordance with MBT’s Copyright Policy which is published at http://www.moonbaytech.com/copyright.

5. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE DISCRETION AND RISK. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. MBT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, MBT DISCLAIMS ANY WARRANTIES: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; (B) REGARDING THE GOODS, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES; (D) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (D) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

IN NO EVENT SHALL MBT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

7. Indemnification

You agree to defend, indemnify, and hold harmless MBT, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms. You agree that MBT may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.

8. Amendment of the Terms

We reserve the right to amend these Terms at any time in our sole discretion and without notice, and it is your responsibility to review these Terms for any changes. YOUR CONTINUED USE OF THE SITE AFTER MBT POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. If you do not agree to the amended Terms, your sole remedy shall be to discontinue using the Site. Subject to the foregoing, these Terms may not be modified or amended except in a writing signed by a duly authorized representative of MBT.

9. General

These Terms and the Privacy Policy constitute the entire agreement between MBT and you with respect to your use of the Site and supersede all prior or contemporaneous agreements or understandings. MBT’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. MBT shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of MBT. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to these Terms. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.

If you have any questions about this Site, please feel free to contact us any time at support@moonbaytech.com or PO Box 1322 El Granada, CA 94018. Tel: (650) 712-0524.

Last Updated: April 11, 2007