Terms of Service
‍Welcome to MoonrockProperty Management LLC. (“Moonrock”). We offer online technology services tohelp better connect property landlords and tenants. This includes all featuresand functionalities, our user interfaces such as our website, and all contentand associate software (in whole or in part, the “Products and Services”).These Terms of Servicerequire all disputes between you and Moonrock to be resolved by BINDINGARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defendyour rights under this contract (except for matters that may be taken to smallclaims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT ajudge or jury and your claims cannot be brought as a class action. Please reviewthe Arbitration Agreement below for the details regarding your agreement toarbitrate any disputes with Moonrock.These Terms of Serviceare also a resource for you to have a deeper understanding of how our Productsand Services work, including the kinds of data we collect, the way we bill, howwe interact with you and other useful details. We encourage you to revisitthese Terms of Service when you have a question about the Products and Servicesor want to know how something works. We hope you enjoy your Moonrockexperience.Acceptanceof Terms of ServiceBy using, visiting, orbrowsing the Products and Services as a user or paid or unpaid member, youaccept and agree to be bound by these Terms of Service, available at www.moonrockpm.com/terms-of-service. Further, youmust read, agree with and accept all of the terms and conditions contained orexpressly referenced in these Terms of Service, including Moonrock’s PrivacyPolicy, and any other policy (collectively, the “Policies”), before you maysign up for an Moonrock Account or use any Moonrock Services. If you do notagree to these Terms of Service, you should not use the Products and Services,including our website and software. Violation of any terms will result intermination of your account. Questions about the Terms of Service may be sentto info@moonrockpm.com.These Terms of Service,together with the Policies, constitute the entire agreement between you andMoonrock and supersede any and all previous agreements, written or oral,between you and Moonrock, including previous versions of the Terms of Service.Any failure of Moonrock to enforce or exercise a right provided in these termsis not a waiver of that right.Changesto Terms of ServiceMoonrock reserves theright, from time to time, with or without notice to you, to change these Termsof Service, including the Policies, in our sole and absolute discretion.Moonrock may also freely assign or transfer this Agreement. The most currentversion of these Terms of Service can be reviewed by visiting our website andclicking on “Terms of Service” located at the bottom of the pages of theMoonrock website. The most current version of the Terms of Service willsupersede all previous versions. We will endeavor to post prior version(s) onour website when the Terms of Service are updated.If any provision ofthis Agreement is declared void or unenforceable by any judicial authority,this shall not nullify the remaining provisions of the Agreement, which shallremain in full force and effect.AccountTerms OverviewYou are responsible forusing the Products and Services in a private and secure manner. Moonrock is notliable for any damage or loss due to unauthorized account access resulting fromyour actions, such as not logging out of the Products and Services or sharingyour account password.Moonrock can refuseregistration or cancel an account at its sole discretion at any time.You may not use theProducts and Services for any illegal activity or to violate laws in yourjurisdiction.You may not use theProducts and Services to distribute unsolicited email (“spam”) or maliciouscontent such as viruses or worms.You may not exploit theProducts and Services to access unauthorized information.Moonrock reserves theright to modify, suspend, or discontinue the Products and Services for anyreason, with or without notice.Abuse or excessivelyfrequent requests to the Moonrock website or other Products and Services mayresult in the temporary or permanent suspension of your account’s access to theProducts and Services. Moonrock, at its sole discretion, will determine abuseor excessive usage. Moonrock will make a reasonable attempt via email to warnthe account owner prior to suspension.Moonrock owns intellectualproperty rights to any protectable part of the Products and Services, includingbut not limited to the design, artwork, functionality, and documentation. Youmay not copy, modify, or reverse engineer any part of the Products and Servicesowned by Moonrock. For more details, see below the Intellectual Propertysection of these Terms of Service.You are responsible forthe security of cardholder data you possess or otherwise store, processes, ortransmits on behalf of your customer, or to the extent that you could impactthe security of your customer’s cardholder data.UserConduct and SubmissionsAny text, graphics,photographs, or other information communicated to Moonrock (collectively,“Content”) belongs to the person who posted such content. You may use anyContent posted by you in any other way without restriction. You may only useContent posted by others in the ways described in these Terms of Service.You give Moonrock anon-exclusive, free, worldwide license for the duration of the applicableauthor’s rights, to publish your Content. In addition to the right to publish,you also grant the following rights, without limitation: (i) the right toreproduce; (ii) the right to transfer, which includes the distribution viacomputer and networks; (iii) the right to edit, modify, adapt, arrange,improve, correct, translate, in all or in part; (iv) the right toupdate/upgrade by adding or removing; and (v) the right to film, perform orpost the Content in any media. Except as described in our Privacy Policy,Moonrock will not be required to treat any Content as confidential.Moonrock cannot controlall Content posted by third parties to the Products and Services, including toour user interfaces, and does not guarantee the accuracy, integrity or qualityof such Content. You understand that by using the Products and Services you maybe exposed to Content that you may find offensive, indecent, incorrect orobjectionable, and you agree that under no circumstances will Moonrock beliable in any way for any Content, including any errors or omissions in anyContent, or any loss or damage of any kind incurred as a result of your use ofany Content. You understand that you must evaluate and bear all risksassociated with the use of any Content, including any reliance on the content,integrity, and accuracy of such Content. If you would like to reportobjectionable materials, please contact info@moonrockpm.com.By accessing theProducts and Services, including our website and other user interfaces, youagree to use the Products and Services, including all features and functionalitiesassociated therewith, our website, other user interfaces and all content andsoftware associated therewith in accordance with all applicable laws, rules andregulations, or other restrictions on use of the Products and Services orContent therein. In addition, you agree not to upload, post, e-mail orotherwise send or transmit any material that contains software viruses or anyother computer code, files or programs designed to interrupt, destroy or limitthe functionality of any computer software or hardware or telecommunicationsequipment associated with the Products and Services. You also agree not tointerfere with the servers or networks connected to any portions of theProducts and Services or to violate any of the procedures, policies orregulations of networks connected to the Products and Services. You also agreenot to impersonate any other person while using the Products and Services,conduct yourself in a vulgar or offensive manner while using the Products andServices, or use the Products and Services for any unlawful purpose.Use of the Products andServices and any personally identifying information submitted through theProducts and Services, such as through our user interfaces containing communityforums, is subject to our Privacy Policy, the terms of which are incorporatedherein, and a copy of which is currently located at www.MoonRockpm.com/privacy-policy. Please reviewour Privacy Policy to understand our practices. The date of any changes to ourPrivacy Policy will be noted at the bottom of the policy.By using the Productsand Services, you are consenting to receive certain communications from us. Forexample, Moonrock may send you newsletters about new Moonrock features, specialoffers, promotional announcements and customer surveys via email or othermethods.Please review ourPrivacy Policy for further details on our marketing communications. You canalso find the unsubscribe instructions there. By using the Products andServices, you consent to receiving electronic communications from Moonrock.These communications may include notices about your account (for example,change in password or Payment Method, confirmation e-mails and othertransactional information) and information concerning or related to ourservice. These communications are part of your relationship with Moonrock andyou receive them as part of the Moonrock membership. You agree that any notice,agreements, disclosure or other communications that we send to youelectronically will satisfy any legal communication requirements, includingthat such communications be in writing.The member who createdthe Moonrock account and whose Payment Method is charged is referred to here asthe “Account Owner”. The Account Owner has access and control over the Moonrockaccount. The Account Owner’s control is exercised through use of the AccountOwner’s password and therefore to maintain exclusive control, the Account Ownershould not reveal the password to anyone. In addition, if the Account Ownerwishes to prohibit others from contacting Moonrock Customer Service andpotentially altering the Account Owner’s control, the Account Owner should notreveal the Payment Method details (for example, the last four digits of theircredit or debit card, or their email address if they use PayPal) associatedwith their account. BY SHARING THE MOONROCK ACCOUNT PASSWORD, THE ACCOUNT OWNERAGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THEPASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BERESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.Any abuse or threatenedabuse of other users of the Products and Services or of Moonrock personnel willresult in immediate account termination.Paymentand FeesYou agree to pay for all orders made from your Account inaccordance with the prices and billing terms in effect at the time an order ismade from your account. You also agree to pay all applicable taxes. To make anorder from an Account, you must provide valid payment information (e.g., creditcard, debit card, and/or a Gift) through the Site or App. By placing an orderthrough your Account, you also agree and authorize (1) the payment method(s)you provided to be immediately charged for all fees and taxesapplicable to yourorder, (2) Moonrock Property Management, LLC to automatically chargealternative payment methods associated with your account if a primary method isdeclined or no longer available, (3) Moonrock Property Management, LLC to sharepayment information and instructions required to complete the paymenttransactions between Moonrock Property Management, LLC, our payment processors,and their third-party payment service providers (e.g., credit card transactionprocessing,merchant settlement,and related service), and (4) no additional notice or consent is required forthe foregoing authorizations. You agree to immediately update your account inthe event of any change in your payment information. Moonrock PropertyManagement, LLC reserves the right at any time to change its billing methods.Questionsabout Moonrock billing are directed to info@moonrockpm.com and answered within 24hours, Monday — Friday. Moonrock does not provide refunds for Products andServices.Cancellationand TerminationYou may terminate yourMoonrock account by selecting “Delete your Account” from the app.Featuresand FunctionalityThe Products and Servicesinclude an e-shops platform that can be integrated with your existing website.We reserve the right in our sole and absolute discretion to make changes fromtime to time and without notice in how we operate the Products and Services.Any description of how the Products and Services work should not be considereda representation or obligation with respect to how the Products and Servicesalways will work. We are making constant adjustments to the Products andServices and often these Terms of Service do not capture these adjustmentscompletely.Anti-Corruption,Export and Sanctions ComplianceWith respect to theseTerms of Service, you represent, warrant, and covenant that you:●     have not and will not violate, or cause anyparty to be in violation of, any applicable anti-bribery or anti-corruption law(including, but not limited to, the U.S. Foreign Corrupt Practices Act of 1977,as amended, the U.S. domestic bribery statute in 18 U.S.C. 201), anti-kickbacklaws, anti-money laundering and anti-terrorist financing laws, sanctions,embargoes, export controls, import controls, anti-fraud laws, or any otherapplicable law, regulation, or order (collectively, “Applicable Laws”);●      have not andwill not use or apply the Products and Services or our website in violation ofApplicable Laws;●      have not andwill not with a corrupt, improper, or illegal intention directly or indirectly(through third parties) pay, provide, promise, offer, authorize, solicit, oraccept any money, gift, hospitality, entertainment, favor, financial advantage,or other thing of value to or from any individual, organization, politicalparty, or entity whether in the public or private sector in any country inorder to obtain, retain, or direct regulatory approvals, licenses, permits,business, contracts, investments, sales, tax or duty assessments, import orexport clearances, foreign exchange clearances, or other advantages;●      shall cause allof your employees, officers, directors, agents, contractors, vendors, andpartners (collectively, “Relevant Parties”) to comply with all of the termscontained in this Anti-Corruption, Export and Sanctions Compliance Section;●      are not, andwill ensure that your Relevant Parties and customers are not, (a) nationals,residents, agents or representatives of Iran, Cuba, North Korea, Syria, theCrimea Region of Ukraine, or any other region subject to comprehensive U.S.sanctions; (b) on the List of Specially Designated Nationals & BlockedPersons, the Sectoral Sanctions Identifications (SSI) List, or ForeignSanctions Evaders List maintained by the Office of Foreign Assets Control ofthe U.S. Department of the Treasury, or any other applicable list ofsanctioned, embargoed, blocked, criminal, or debarred persons maintained by anyU.S. or non-U.S. government, the European Union, Interpol, the United Nations,the World Bank, or any other public international organization (each such list,a “Sanctions List”); (c) an entity that is 50% or more owned, individually orin the aggregate, directly or indirectly, by, is controlled by (includingwithout limitation by virtue of such person being a director or owning votingshares or interests), or acts, directly or indirectly, for or on behalf of, anyperson or entity on a Sanctions List; or (d) otherwise the target of anysanctions, suspensions, embargoes or debarment by the U.S. government or anyother government or public international organization;●      shall secureall necessary export/sanctions licenses or authorizations to the extentapplicable and necessary;●      shall implementan effective, risk-based compliance program and necessary internal controls(including, but not limited to, conducting sanctions screenings of yourRelevant Parties and customers) to ensure compliance with Applicable Laws andthis Anti-Corruption, Export and Sanctions Compliance Section;●      shallreasonably cooperate with Moonrock to (a) ensure compliance with sanctions,embargoes, and other Applicable Laws and/or (b) review and remediate actual orpotential violations of sanctions or other Applicable Laws, including, but notlimited to, suspending or terminating the supply of products or services tocustomers or other persons that appear on a Sanctions List or are otherwise thetarget of sanctions and other similar restrictions.A violation of theforegoing representations, warranties, or covenants will constitute a materialbreach of these Terms, and, in the event of such a violation, Moonrock may, atits sole option, terminate this Agreement for cause and without furtherliability or obligation on the part of Moonrock. Any such breach will entitleMoonrock to seek to be indemnified by you and/or obtain injunctive and otherequitable relief, in addition to any other remedies which may be availableunder Applicable Laws.IdentityProtectionYou are responsible forupdating and maintaining the truth and accuracy of the information you provideto us relating to your account. You are also responsible for maintaining theconfidentiality of your account and password and for restricting access to yourMoonrock account. If you disclose your password to anyone or share your accountwith other people, you take full responsibility for their actions. Wherepossible, users of public or shared networks should log out at the completionof each visit. If you find that you are a victim of identity theft and itinvolves a Moonrock account, you should notify us at info@moonrockpm.com. Then, youshould report this instance to all your card issuers, as well as your local lawenforcement agency. Also, you should be mindful of any communication requestingthat you submit credit card or other account information. Providing yourinformation in response to these types of communications can result in identitytheft. Always access your sensitive account information by going directly tothe Moonrock website and not through a hyperlink in an email or any otherelectronic communication, even if it looks official. Moonrock reserves theright to place any account on hold anytime with or without notification to themember in order to protect itself and its partners from what it believes to befraudulent activity. Moonrock is not obligated to credit or discount amembership for holds placed on the account by either a representative ofMoonrock or by the automated processes of Moonrock.WarrantiesUNLESS EXPRESSLY SETFORTH IN THIS AGREEMENT, Moonrock MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITHRESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHERSERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MoonrockDOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, ANDACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.Limitationof Liability and Damages.INNO EVENT SHALL Moonrock, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE(JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTINGFROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHERCOMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THEPOSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR INCONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OURWEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISERELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIESASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALLDAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS ANDSERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT ANDSOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW)EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO Moonrock ONYOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVESTATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDSANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE,INCLUDING ANY PORTION OF ANY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONSDEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BEENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THEFULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.IndemnificationYou shall indemnifyMoonrock for damages, costs and attorneys fees that Moonrock incurs from anythird party claim that (i) arise from your modification of the Products andServices or (ii) the use by Moonrock of any materials provided to Moonrock byyou for use in the Products and Services infringe any  patent, copyright, trademark, trade secret orother intellectual property right under law. You shall assume the defense ofany third party claim with counsel reasonably satisfactory to Moonrock.Moonrock may employ its own counsel in any such case, and shall pay suchcounsel’s fees and expenses. You shall have the right to settle any claim forwhich indemnification is available; provided, however, that to the extent thatsuch settlement requires Moonrock being indemnified to take or refrain fromtaking any action or purports to obligate Moonrock being indemnified, then youshall not settle such claim without the prior written consent of Moonrock,which consent shall not be unreasonably withheld, conditioned or delayed. THEPARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ONTHE TERMS OF THIS SECTION.Additional disclaimersor limitations of liability may be contained in the various third partysoftware, licensing and service agreements you may have agreed to in order toaccess the Products and Services.IntellectualPropertyCopyright. The Productsand Services, including all content included on our user interfaces, ordelivered to members as part of the Products and Services, including, but notlimited to, source code, data compilations, and software, are the property ofMoonrock or its licensors and are protected by United States and internationalcopyright, trade secret or other intellectual property laws and treaties. Whilethe Products and Services include open-source software available for free, thecompilation of all content and any software or other materials provided byMoonrock, or in connection with the Products and Services are the exclusiveproperty of Moonrock and its licensors and are protected by the copyright andtrade secret laws in the territories in which the Products and Service operateand by international treaty provisions. Content shall not be reproduced or usedwithout express written permission from Moonrock or its licensors. You agree toadhere to the restrictions set forth in these Terms of Service. You agree notto decompile, reverse engineer or disassemble any software or other products orprocesses accessible from Moonrock, not to insert any code or product into ormanipulate the content of the Products and Services in any way, and not to useany data mining, data gathering or extraction method. Moonrock reserves theright to terminate your membership hereunder if Moonrock, in its sole andabsolute discretion, believes that you are in violation of Moonrock softwarerestrictions, restrictions against copying the Products and Services providedto you by us, or other unauthorized copying or use of our proprietary contentin violation of the copyrights of Moonrock and its licensors. Moonrock does notpromote, foster or condone the copying of third party products or categories orany other infringing activity. While the use of the Products and Services,including demos of online stores, store products and services, are for yourcommercial use, such items proprietary to third parties are not. Please see theinstructions at the end of these Terms of Service for notifying us of thepresence of any allegedly infringing content of the Products and Services,including any on the website, www.MoonRockpm.comTrademarks.Moonrock is aregistered trademark of Moonrock. The Moonrock logo and Moonrock.com aretrademarks or service marks of Moonrock. The Products and Services, includingbut not limited to their graphics, logos, page headers, button icons, scriptsand service names constitute trade dress of Moonrock. The trademarks, servicemarks and trade dress of Moonrock may not be used or reproduced without priorwritten approval from Moonrock and may not be used in connection with anyproduct or service that is not affiliated with Moonrock, in any manner that islikely to cause confusion among customers, in any manner that dilutes therights of Moonrock, or in any manner that disparages or discredits Moonrock.Other trademarks that appear on the Moonrock website and user interfaces arethe property of their respective owners, who may or may not be affiliated with,connected to, or sponsored by Moonrock. Any images of persons or personalitiescontained on the Moonrock website and user interfaces are not an indication orendorsement of Moonrock or any particular product or our service unlessotherwise indicated.Patents. Moonrock holdspatents pending that apply to the Products and Services and our operations.Useof Information SubmittedMoonrock is free to useany comments, information, ideas, concepts, reviews, or techniques or any othermaterial contained in any communication you may send to us (“Feedback”),including responses to questionnaires or through postings to the Products andServices, including the Moonrock website and user interfaces, without furthercompensation, acknowledgement or payment to you for any purpose whatsoeverincluding, but not limited to, developing, manufacturing and marketing productsand creating, modifying or improving the Products and Services. Furthermore, byposting any Feedback on our site, submitting Feedback to us, or in respondingto questionnaires, you grant us a perpetual, worldwide, non-exclusive,royalty-free irrevocable license, including the right to sublicense such right,and right to display, use, reproduce or modify the Feedback submitted in anymedia, software or technology of any kind now existing or developed in thefuture.Please note Moonrockdoes not accept unsolicited materials or ideas for use or publication, and isnot responsible for the similarity of any of its content or programming in anymedia to materials or ideas transmitted to Moonrock. Should you send anyunsolicited materials or ideas, you do so with the understanding that noadditional consideration of any sort will be provided to you, and you arewaiving any claim against Moonrock and its affiliates regarding the use of suchmaterials and ideas, even if material or an idea is used that is substantiallysimilar to the idea you sent.ServiceTestingFrom time to time, wetest various aspects of our Products and Services, including our website, otheruser interfaces, service levels, plans, promotions, features, delivery, andpricing, and we reserve the right to include you in or exclude you from thesetests without notice.CustomerServiceIf you need assistancewith your account, you can also reach us with customer service questions at info@moonrockpm.com.Limitationson UseYou must be 18 years ofage or older to become a member and end user of the Products and Services. In certainjurisdictions, the age of majority may be older than 18, in which case you mustsatisfy that age in order to become a member. While individuals under the ageof 18 may utilize the Products and Services, they may do so only with theinvolvement of a parent or legal guardian, under such person’s account andotherwise subject to these Terms of Service. While Moonrock does distributeproducts that may be used by children, the Products and Services are notintended to be used by children, without involvement, supervision, and approvalof a parent or legal guardian (see also “Parental Controls”). Unless otherwisespecified, we grant you a limited, non exclusive, non transferable, license toaccess the Products and Services. Except for the foregoing limited license, noright, title or interest shall be transferred to you. You may not download(other than through page caching necessary for personal use, or as otherwiseexpressly permitted by these Terms of Service), modify, copy, distribute,transmit, display, perform, reproduce, duplicate, publish, license, createderivative works from, or offer for sale any information contained on, orobtained from or through, the Products and Services, without our expresswritten consent. Moonrock does not promote, foster or condone the copying ofthird-party content, or any other infringing activity. You may not circumvent,remove, alter, deactivate, degrade or thwart any of the content protections inthe Products and Services. You may not frame or utilize any framing techniquesto enclose any trademark, logo, or other proprietary information (includingimages, text, page layout, or form) of Moonrock without our express writtenconsent. You may not purchase search terms or use any meta tags or any other“hidden text” utilizing the Moonrock name or trademarks without our expresswritten consent. Any unauthorized use of the Products and Services or itscontents will terminate the limited license granted by us and will result inthe cancellation of your membership.ThirdParty Apps, Software, Products, Services and WebsitesMoonrock may from timeto time recommend or enable third party apps, software, products, services orwebsites links for your consideration or use. Such apps, software, products,services, and links are provided only as a convenience to you and does notconstitute or imply an endorsement, authorization, sponsorship, or affiliationby or with Moonrock with respect to any third party, any third party’s partyapps, software, products, services or websites. These Terms of Service do notapply to such third party apps, software, products, services or websites andyou should review such third party the agreements relates to such third partyapps, software, products, services or websites they may be different than theseTerms of Service and it is your sole responsibility to comply with such thirdparty terms. Your use or access to any third party’s apps, software, products,services or websites is at your own risk. Moonrock MAKES NO REPRESENTATIONS ORWARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITESAND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPS, SOFTWARE, PRODUCTSSERVICES OR WEBSITES.Claimsof Copyright InfringementIt is the policy ofMoonrock to respect the intellectual property rights of others. Moonrock doesnot condone the unauthorized reproduction or distribution of copyrightedcontent. If you believe your work has been reproduced or distributed in a waythat constitutes copyright infringement or are aware of any infringing materialavailable through the Products and Services, please view our CopyrightPolicy for explicit instruction on how to address the issue.GoverningLawThese Terms of Serviceshall be governed by and construed in accordance with the laws of the state ofFlorida, U.S.A. without regard to conflict of laws provisions. If any provisionor provisions of these terms shall be held to be invalid, illegal,unenforceable or in conflict with the law of any jurisdiction, the validity,legality and enforceability of the remaining provisions shall not in any way beaffected or impaired thereby, and shall remain in full force and effect.ArbitrationAgreementYou and Moonrock agreethat any dispute, claim or controversy arising out of or relating in any way tothe Products and Services, including our website, user interfaces, these Termsof Service and this Arbitration Agreement, shall be determined by bindingarbitration in Orlando, Florida, instead of in courts of general jurisdiction.Arbitration is more informal than a lawsuit in court. Arbitration uses aneutral arbitrator instead of a judge or jury, allows for more limiteddiscovery than in court, and is subject to very limited review by courts.Arbitrators can award the same damages and relief that a court can award. Youagree that, by agreeing to these Terms of Service, the U.S. Federal ArbitrationAct governs the interpretation and enforcement of this provision, and that youand Moonrock are each waiving the right to a trial by jury or to participate ina class action. This arbitration provision shall survive termination of thisAgreement and the termination of your Moonrock membership.YOU AND MOONROCK AGREETHAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. Further, unless both you and Moonrock agreeotherwise, the arbitrator may not consolidate more than one person’s claimswith your claims, and may not otherwise preside over any form of arepresentative or class proceeding. If this specific provision is found to beunenforceable, then the entirety of this arbitration provision shall be nulland void. The arbitrator may award declaratory or injunctive relief only infavor of the individual party seeking relief and only to the extent necessaryto provide relief warranted by that party’s individual claim.