Terms Of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.

Welcome to Moonstorm. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.

By downloading and using Moonstorm Inc.'s ("Moonstorm," "we" or "us") Moonstorm or Moonstorm Express Services (collectively, the "Moonstorm Service"), you accept and agree to be bound by these Terms of Service. Moonstorm may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the Moonstorm website, moonstorm.com. The most current version will supersede all previous versions. By continuing to use the Moonstorm Service after changes are made, you agree to be bound by such changes.

Any information that you submit or we collect when you are using the Moonstorm Service is subject to the Moonstorm Privacy Policy, the terms of which are incorporated into these Terms of Service.

You must be at least 13 years old to download and use the Moonstorm Service, or, if you are not at least 13, you may download and/or use the Moonstorm Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Moonstorm Service.

Moonstorm and/or its licensors are the sole owners of the Moonstorm Service, which includes any software, domains, and content made available through it. The Moonstorm Service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Moonstorm grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Moonstorm Service without Moonstorm's prior express written permission. Any unauthorized use of the Moonstorm Service will terminate the limited license granted by us. Moonstorm, Moonstorm Express and other marks, graphics, logos, icons and service names related to the Moonstorm Service are registered and unregistered trademarks or trade dress of Moonstorm Inc. They may not be used without Moonstorm's prior express written permission. All other trademarks not owned by Moonstorm that appear in connection with the Moonstorm Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Moonstorm.

By downloading and/or using the Moonstorm Service, you consent to receiving electronic communications and notices from Moonstorm. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

By downloading and using the Moonstorm Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Moonstorm Service. You also agree not to interfere with the servers or networks connected to the Moonstorm Service or to violate any of the procedures, policies or regulations of networks connected to the Moonstorm Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Moonstorm Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Moonstorm Service; (3) use the Moonstorm Service for any unlawful purpose; or (4) resell or export the software associated with the Moonstorm Service.

Moonstorm does not promote, recommend or condone use of the Moonstorm Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Moonstorm Service during such activities.

The Moonstorm Service may contain links to third party web sites or programs that are not controlled by or affiliated with Moonstorm. Moonstorm is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.

Moonstorm currently provides the Moonstorm Service to you free of charge. However, when you use the Moonstorm Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

To opt in or subscribe to Moonstorm, you can register from our website at http://www.moonstorm.com , moonstorm.com, or wap.moonstorm.com; or you can send a text message with the word "COUPON" to 686868 and we'll guide you through the process from your mobile phone. Std/other charges may apply to all text messages sent to or from the Moonstorm text message service. For more information, check your mobile phone service plan or visit your carrier's website.

After you install the Moonstorm application and/or register for the Moonstorm service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.

To opt out from our text message service, send a text message with the word "STOP" to 686868 from your mobile phone and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone.

To get help with the Moonstorm text message service, you may email us at support@moonstorm.com

You can also request our contact information from your mobile phone at any time by sending a text message with the word "HELP" to 686868.

You agree that Moonstorm is free to use any comments, information or ideas contained in any communication you may send to Moonstorm without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Moonstorm Service or other products or services.

MOONSTORM PROVIDES THE MOONSTORM SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. MOONSTORM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Moonstorm assumes no liability or responsibility for any errors or omissions in the Moonstorm Service; any failures, delays or interruptions in the Moonstorm Service; any losses or damages arising from the use of the Moonstorm Service, including, without limitation, any damage to your mobile device; or any conduct by users of the Moonstorm Service. We reserve the right to deliver the Moonstorm Service in our sole and absolute discretion.

IN NO EVENT SHALL MOONSTORM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MOONSTORM SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

You agree to indemnify and hold Moonstorm and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Moonstorm Service or your violation of any law or the rights of any third party.

1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND MOONSTORM arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Moonstorm Service, Moonstorm's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND MOONSTORM, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Moonstorm") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the Moonstorm Service, Moonstorm's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Moonstorm. NEITHER YOU NOR MOONSTORM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the Moonstorm Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

Moonstorm reserves the right in its sole discretion to terminate or restrict your use of the Moonstorm Service, without notice, for any or no reason whatsoever.

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Moonstorm with respect to the subject matter hereof.

If you have any questions about these Terms of Service or the download and/or use of the Moonstorm Service, please contact us at:

Moonstorm
2890 Zanker Road
Suite 200
San Jose, CA 95134 USA