Terms of Use
These terms of use (“Terms”) are a contract between you and Moontoast, LLC (“we”, “our” or “us”) that govern your access to and use of the moontoast.com website (“Website”). If you visit the Website, you accept these Terms. Please read them carefully.
Privacy
Please review our Privacy Policy, which also applies to your use of the Website.
Your Use of the Website
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable and revocable license to access and use the Website for your personal, non-commercial use. You may only use the Website in compliance with these Terms and all applicable laws, rules and regulations.
You may not do any of the following:
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology (or any similar or equivalent manual process) to access, acquire, copy or monitor any portion of the Website;
obtain or attempt to obtain any content through any means not purposely made available through the Website;
attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, by hacking, password “mining” or any other means;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
use the Website to send or otherwise post any commercial communications (such as advertisements, sweepstakes, spam, etc.) without our express written permission; or
use the Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes or violates our rights or the rights of others.
Our IP Rights
The Website and any included content are protected by copyright and other laws and, except as expressly provided in these Terms, you do not have and will not acquire any right, title and interest in and to the Website or any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except (1) as expressly provided in these Terms, (2) with sharing tools we make available (for Twitter or Facebook, for example), or (3) with our express prior written consent (email us at customerservice@moontoast.com if you are interested), no part of the Website or any included content may be reproduced, modified, distributed, publicly performed, publicly displayed, or otherwise used in any way.
If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us (or any successor to our business) any claim based on any proprietary rights therein.
Advertisements and Linked Websites
The Website may display advertisements and may contain links to third-party websites. Advertisements may be targeted based on the Website’s content, queries made through the Website or other information, and the manner, mode and extent of advertising included by us on the Website is subject to change without specific notice to you. Third-party websites are not under our control, we are not responsible for and do not endorse their content, and we assume no responsibility or liability for any products or services they advertise or sell.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND INCLUDED CONTENT ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR INCLUDED CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE WEBSITE, INCLUDED CONTENT, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY INCLUDED CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION Of CERTAIN WARRANTIES OR DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law
By visiting the Website, you agree that the laws of the United States of America and the state of Tennessee will govern these Terms and any dispute of any sort that might arise between you and us, without regard to any conflict of laws principles.
Disputes
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at customerservice@moontoast.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any dispute relating in any way to these terms or your use of the Website in which the aggregate total claim for relief sought on behalf of any party to the dispute exceeds $5,000 must be adjudicated in a state or federal court in Davidson County, Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
Changes to the Website and these Terms
Because we expect that the Website will continue to evolve with our business, we must reserve the right to make changes to these Terms and the Website at any time, without prior notice to you. The most current version of these Terms will always be posted. If we (in our sole discretion) determine that a revision is material, we will post a notice on the home page of the Website. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
Copyright and Trademark Violations
We have adopted and implemented a policy for the Website that provides for the termination, in appropriate circumstances, of the accounts of repeat infringers. Please review our DMCA Policy to learn more about how to report a copyright violation to us. To report a trademark violation to us, please contact us at customerservice@moontoast.com.
Miscellaneous Legal Terms
If any provision of these Terms is found to be invalid or unenforceable, that part will be amended so as to best accomplish the objectives of such invalid or unenforceable provision within the limits of applicable law and the remaining provisions will remain in full force and effect.
We may suspend or block your access to the Website if we believe you are in violation of these Terms, and we may seek all remedies available at law and in equity for any violations. If we fail to enforce any provision of these Terms, it will not be considered a waiver.
All of our rights and obligations under these Terms are freely assignable in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. These Terms inure to the benefit of and are binding upon us and you and each of our respective legal representatives, successors, and assigns.
These Terms, together with our Privacy Policy and DMCA Policy, constitute the entire agreement between you and us regarding your use of the Website.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Contact Us
If you have any questions, comments or concerns about these Terms please contact us at:
40 Burton Hills Blvd., Suite 100
Nashville, TN 37215
Last Revised: June 28, 2011