PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE
All users of this site agree that access to and use of this site are subject to
the
following terms and conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
COPYRIGHT
The entire content included in this site, including but
not
limited to text, graphics or code is copyrighted as a collective work under the United States
and
other
copyright laws, and is the property of NLU Products dba BGZ brands. The collective work includes
works
that are licensed to BGZ brands. Copyright 2015, BGZ brands ALL RIGHTS RESERVED. Permission is
granted
to electronically copy and print hard copy portions of this site for the sole purpose of placing
an
order with Moxyo or purchasing Moxyo products. You may display and, subject to any expressly
stated
restrictions or limitations relating to specific material, download or print portions of the
material
from the different areas of the site solely for your own non-commercial use, or to place an
order
with
Moxyo or to purchase Moxyo products. Any other use, including but not limited to the
reproduction,
distribution, display or transmission of the content of this site is strictly prohibited, unless
authorized by BGZ brands. You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
TRADEMARKS
All trademarks, service marks, and trade names of Moxyo
used
in
the site are trademarks or registered trademarks of BGZ brands.
WARRANTY DISCLAIMER
This site and the materials and products on this site
are
provided 'as is' and without warranties of any kind, whether express or implied. To the fullest
extent
permissible pursuant to applicable law, BGZ brands disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness for a
particular
purpose and non-infringement. BGZ brands does not represent or warrant that the functions
contained
in
the site will be uninterrupted or error-free, that the defects will be corrected, or that this
site
or
the server that makes the site available are free of viruses or other harmful components. BGZ
brands
does not make any warrantes or representations regarding the use of the materials in this site
in
terms
of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states
do not permit limitations or exclusions on warranties, so the above limitations may not apply to
you.
LIMITATION OF LIABILITY
BGZ brands shall not be liable for any special or
consequential
damages that result from the use of, or the inability to use, the materials on this site or the
performance of the products, even if BGZ brands has been advised of the possibility of such
damages.
Applicable law may not allow the limitation of exclusion of liability or incidental or
consequential
damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a Moxyo product is mistakenly listed
at an
incorrect price, BGZ brands reserves the right to refuse or cancel any orders placed for product
listed
at the incorrect price. BGZ brands reserves the right to refuse or cancel any such orders
whether or
not
the order has been confirmed and your credit card charged. If your credit card has already been
charged
for the purchase and your order is cancelled, BGZ brands shall issue a credit to your credit
card
account in the amount of the incorrect price.
TERMS TERMINATION
These terms and conditions are applicable to you upon
your
accessing the site and/or completing the registration or shopping process. These terms and
conditions,
or any part of them, may be terminated by BGZ brands without notice at any time, for any reason.
The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification
and
Miscellaneous, shall survive any termination.
Notice. BGZ brands may deliver notice to you by means of email, a general notice on the site, or
by
other reliable method to the address you have provided to Moxyo.
MISCELLANEOUS
Your use of this site shall be governed in all respects
by
the
laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the
1980
U.N.
Convention on contracts for the international sale of goods. You agree that jurisdiction over
and
venue
in any legal proceeding directly or indirectly arising out of or relating to this site
(including
but
not limited to the purchase of Moxyo products) shall be in the state or federal courts located
in
Salt
Lake County, Utah. Any cause of action or claim you may have with respect to the site (including
but
not
limited to the purchase of Moxyo products) must be commenced within one (1) year after the claim
or
cause of action arises. BGZ brands' failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of any provision or
right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of
these
terms and conditions. BGZ brands may assign its rights and duties under this Agreement to any
party
at
any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including
via
email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of
others,
including a BGZ brands or other licensed employee, host, or representative, as well as other
members
or
visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish
through
the
site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a
criminal
offense, violate the rights of any party or which may otherwise give rise to liability or
violate
any
law. You may not upload commercial content on the site or use the site to solicit others to join
or
become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
BGZ brands does not and cannot review all communications
and
materials posted to or created by users accessing the site, and is not in any manner responsible
for
the
content of these communications and materials. You acknowledge that by providing you with the
ability to
view and distribute user-generated content on the site, BGZ brands is merely acting as a passive
conduit
for such distribution and is not undertaking any obligation or liability relating to any
contents or
activities on the site. However, BGZ brands reserves the right to block or remove communications
or
materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive,
or
misleading, (c) in violation of a copyright, trademark or other intellectual property right of
another
or (d) offensive or otherwise unacceptable to BGZ brands in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BGZ
brands,
its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service
Providers') from and against all losses, expenses, damages and costs, including reasonable
attorneys'
fees, resulting from any violation of these terms and conditions or any activity related to your
account
(including negligent or wrongful conduct) by you or any other person accessing the site using
your
Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our
visitors,
BGZ
brands may link to sites operated by third parties. However, even if the third party is
affiliated
with
BGZ brands, BGZ brands has no control over these linked sites, all of which have separate
privacy
and
data collection practices, independent of BGZ brands. These linked sites are only for your
convenience
and therefore you access them at your own risk. Nonetheless, BGZ brands seeks to protect the
integrity
of its website and the links placed upon it and therefore requests any feedback on not only its
own
site, but for sites it links to as well (including if a specific link does not work).
ACCESSIBILITY STATEMENT
NLU Products LLC dba BGZ brands is committed to ensuring
digital
accessibility for people with disabilities. We are continually improving the user experience for
everyone, and applying the relevant accessibility standards.
NLU Products LLC dba BGZ brands takes the following
measures
to
ensure accessibility of Moxyo:
• Include accessibility throughout our internal policies.
• Appoint an accessibility officer and/or ombudsperson.
• Assign clear accessibility targets and responsibilities.
• Offer a variety of accessibility components on our website, including a text reader, font and
image
resizing, contrast variations, zoom functionality and more via the EqualWeb widget.
We have made a concentrated effort to provide an
accessibility
option on all the pages of the website. It is possible that some pages on the site may not have
been
discovered, or the appropriate technological solution has not yet been found. We will continue
our
efforts to improve the site's accessibility as we are committed to having a site that is
accessible
–
friendly and can be used by the entire population, including people with disabilities.
We welcome your feedback on the accessibility of Moxyo.
Please
let us know if you encounter accessibility barriers on Moxyo:
• Phone: 801 495 3514
• E-mail: support@bgzbrands.com
• Visitor address: 2801 N Thanksgiving Way, Ste 300 Lehi, UT 84043
• Postal address: 2801 N Thanksgiving Way, Ste 300 Lehi, UT 84043
We try to respond to feedback within 2 business days.
NLU Products LLC dba BGZ brands assessed the
accessibility
of
Moxyo by the following approaches:
• External evaluation
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