Terms & Conditions

Welcome to the User Agreement for moxyphp.com ("MoxyPHP"). This User Agreement (this "Agreement") describes the terms of service under which you may access the moxyphp.com website and use MoxyPHP (defined below). Before you can use the MoxyPHP website or use MoxyPHP, you must read and accept all of the terms and conditions of this agreement and the MoxyPHP Privacy Policy (the "Privacy Policy"), which policy is incorporated herein bty this reference and constitutes a part of this Agreement. This Agreement sets out the legally binding terms of your use of MoxyPHP. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall control. As used in this Agreement, the terms "you", "your" or "user" all refer to the person or entity that uses, becomes a member of, or accesses MoxyPHP. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third parties. If you do not agree to be bound by the terms of this Agreement, you may not use, subscribe to, or participate in MoxyPHP.

The Agreement constitutes the entire agreement between you and moxyphp.com and governs your use of MoxyPHP, superseding any prior agreements, communications and proposals between you and moxyphp.com in their entirety. Notwithstanding the foregoing, moxyphp.com reserves the right to modify this Agreement at any time, and without prior notice, by posting any such amended terms on its website. Your continued use of the moxyphp.com website and participation in MoxyPHP indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time.

Email opt-in

By signing up for moxyphp.com, you agree to receive emails from moxyphp.com, related to the account and services of the site.

Limitation of Liability

You expressly understand and agree that moxyphp.com shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if moxyphp.com has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of the moxyphp.com Platform and/or the moxyphp.com website, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the moxyphp.com Platform and/or the moxyphp.com website, your sole and exclusive remedy is to discontinue using the moxyphp.com Platform. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If the laws of one of those jurisdictions applies, and moxyphp.com is found responsible for any damages to you, you expressly acknowledge that moxyphp.com's total cumulative damages to you (whether at law or in equity) shall not exceed $100 in United States' currency. The provisions of this section survive the termination or expiration of this Agreement.

Non-Commitment

moxyphp.com does not have any commitment towards any Members, past or present. moxyphp.com may at anytime, for any reason, with or without notice, discontinue the moxyphp.com Platform for one or all of its Members. After said discontinuation, moxyphp.com remains without commitment to any Members, past or present, of the moxyphp.com framework.

Account Termination

You agree that moxyphp.com may, with or without cause, immediately terminate your membership, account and access to the moxyphp.com Platform without prior notice. Without limiting the foregoing, the following will lead to a termination by moxyphp.com of your use of MoxyPHP: (a) a breach or violation of this Agreement or other agreements or guidelines referred to herein, (b) a request for termination by law enforcement or other government agencies, (c) a request by you and (d) unexpected technical issues or problems. Furthermore, you agree that all terminations shall be made in moxyphp.com's sole discretion and that moxyphp.com shall not be liable to you nor to any third-party for any termination of your membership, your account or access to the moxyphp.com website.

Indemnity

By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless moxyphp.com, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the moxyphp.com Platform; (ii) your use of the moxyphp.com website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to moxyphp.com or the moxyphp.com Platform. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the moxyphp.com website are the sole responsibility of the parties to those communications and/or transactions, and moxyphp.com shall not be considered a party to any such communications and/or transactions.

Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that moxyphp.com may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of moxyphp.com, its users, and the public.

Monitoring and Enforcement

While moxyphp.com has the right to monitor activity and content associated with the moxyphp.com Platform and website, moxyphp.com is not obligated to do so. Since moxyphp.com does not, and may not have the ability to, control or actively monitor content posted by Members or users on the moxyphp.com website, moxyphp.com does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with moxyphp.com's policies and practices, in the process of using the moxyphp.com website, you may be exposed to content that you find offensive or objectionable. You can contact moxyphp.com regarding the content that you find objectionable. moxyphp.com may investigate complaints and violations of moxyphp.com's policies that come to moxyphp.com's attention and may take action that moxyphp.com believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, moxyphp.com also reserves the right not to take any action. As a user of the moxyphp.com Platform, you acknowledge and agree that under no circumstances will moxyphp.com be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the moxyphp.com website.

Governing Law

The Agreement between you and moxyphp.com will be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Outagamie County, Wisconsin, U.S.A., in all disputes arising out of or relating to moxyphp.com and the use of the moxyphp.com Platform.

Software and Trademarks

The moxyphp.com logo and names are moxyphp.com's intellectual property. Further, all content that is made available to view in connection with the moxyphp.com Platform excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of moxyphp.com and is protected by copyright laws and international treaty provisions.

General Information

The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and moxyphp.com as a result of this Agreement or use of the moxyphp.com Platform. 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. 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. Use of the moxyphp.com Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

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