(March 1, 2020)
We make our APP available to eligible users who have successfully completed the registration process required to use the APP (each a “User”) and other visitors of the publicly available portion of the APP (together with Users, “you”, or “your”). By registering an account to access or use the APP, or otherwise accessing and using our Services, you agree to be bound by the terms and conditions of this Agreement.
MOLE is a platform that enables Users who seek location based video streaming services from other Users in a specified area (the “Mole Platform”). You may use the Mole Platform as either a User requesting streaming services, or a provider (“Provider”), providing user requested streaming services. From time to time, MOLE may notify you of an opportunity to perform streaming services through the Mole Platform on behalf of another User (a “Streaming Opportunity”). If you accept a Streaming Opportunity, you agree to use the Mole Platform to stream the requested location and respond to the user instructions in compliance with any and all applicable laws.
IMPORTANT NOTICE: YOUR USE OF OUR APP IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 5 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 5 of this Agreement for more information.
1. YOUR USE OF OUR SERVICES
1.1. Backup and Restore. The APP may have a feature that backs up to the cloud certain data on your device, including account settings, notes, wireless configurations, history, communications, so that you can use such data for the use of the Services.
1.2. Connectivity and Availability.
a. Internet and Wireless Connectivity. Use of the APP may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on Your mobile device (“Mobile Device”). You may be asked to turn on Bluetooth on your mobile device to use certain portions of the APP. You understand that your Mobile Provider may charge you fees for your use of its network while accessing or using the Services, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You will not:
(1) install, use or permit the Technology (as defined below) to exist on more than one Mobile Device at a time, or on any other Mobile Device or computer, other than by means of separate downloads of the APP, each of which is subject to a separate license;
(2) distribute or link the Technology to multiple Mobile Devices or other services; or
(3) make the Technology available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.
b. Availability. Some Services may be unavailable, vary (by device or geography, for example), be offered for a limited time, or require separate subscriptions. You understand that the Services are provided over the internet and mobile networks, so the quality and availability of the Services may be affected by factors outside our control. For example, if the Service requires wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the services or other features of the services. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services. We do not guarantee that the Services will be compatible or operate with Your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Services are unavailable or if you cannot download or access the Services, for any compatibility or interoperability issues, or for any communication system failure which may result in the Services being unavailable.
1.4. Your Representations. You hereby represent and warrant that:
· you (i) are over the age of 18; and (ii) have the full power and authority to enter into and perform your obligations under this Agreement;
· all information you submit to us to register for an account is accurate and complete to the best of your knowledge;
· you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our APP or any part thereof;
· if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, mobile number and any other information we may reasonably require;
· for any User Content (defined below) that you post via the APP, you also hereby represent and warrant that: (i) you are owner of all User Content or otherwise have the right to grant us the licenses stated above; (ii) you have secured all consents or permissions necessary to post the User Content and to grant the licenses stated above; (iii) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and the User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (iv) the use of any User Content will not result in harm or personal injury to any third party.
· you understand, acknowledge, and agree that (i) you will maintain the security and secrecy of your account username and password and other login and registration information associated with your account on the APP and (ii) you will immediately notify us in the event that you learn or suspect that the contact information or other account, login, or registration information you provided to us has been disclosed or otherwise made known or available to any other person.
1.5 Rates and Fees. Users acting as Providers may use the Mole Platform to offer streaming services for no charge. However, some Streaming Services are offered by Providers for a fee (“Service Fee”). If Streaming Services are offered for a Service Fee, the user will be notified of these Service Fees before accepting the Streaming Services. For Providers, MOLE will retain a portion of the Service Fees for the Platform (“Platform Fee”). For fulfilling the Streaming Services, Providers will receive the Service Fees less the Platform Fee. MOLE will also present the user as Provider with notice of the Service Fees and Platform Fee in advance of accepting a Streaming Opportunity. MOLE does not pay earnings by salary or by an hourly rate and MOLE reserves the right to change the Service Fees, Platform Fees and payment components at any time.
You shall be responsible for all costs and expenses incurred or necessary in the performance of the Services as a Provider, including but not limited to phone, parking, vehicle, insurance, and travel expenses.
You acknowledge that MOLE does not impose any minimum or maximum amount of Services that you are required to provide. Moreover, you are under no obligation to accept any particular Streaming Opportunity that is offered to you. You are free to accept or reject any Streaming Opportunity, in your business judgment and discretion.
You agree that there is no minimum or maximum number of Streaming Opportunities that MOLE will make available to you. You further agree that MOLE does not dictate the time of the performance of the Services.
2. OUR APP AND TECHNOLOGY
2.1. Grant of License to Customer. On the condition that you comply with all your obligations under this Agreement, and subject to the additional terms of any third-party licenses applicable to third-party software included in our APP, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access our APP solely for your personal use in connection with the Services. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to immediately revoke any license granted in this Agreement and limit or terminate your access to and use of our APP. Any use of our APP that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our APP.
2.2. APP Ownership. Our APP may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that as between you and MOLE, MOLE, together with its affiliates and third party licensors, owns all of the right, title, and interest in and to all Content as expressed in any form, media, or technology existing now or developed in the future, and all Intellectual Property Rights (defined below) contained therein. Our APP, our information databases, the designs of each of the foregoing, all underlying software and information, algorithms, methods and processes, institutional knowledge, all materials related to the Services, all data presented to you via the Services and all Intellectual Property Rights derived therefrom and any other proprietary technology used in our APP (collectively, the “Technology”) and any and all Intellectual Property Rights worldwide in the foregoing, including all improvements, modifications, enhancements and derivative works thereof, shall at all times remain the exclusive property of MOLE, its affiliates and/or its third-party licensors. On the condition that you comply with all your obligations under this Agreement, MOLE: (a) grants you a limited, revocable, non-exclusive, non-transferable license to use and access the APP on one or more compatible device(s) owned by you or under your legitimate control, (b) use Technology to obtain Services you requested through our APP; (c) use the APP to view Content available on the APP, and (d) input data and other information (including User Content ) via the APP. All use of the APP and Services is subject to this Agreement. Any use of the APP or Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the immediate termination of your right to access and use the Services and APP. You are not acquiring any rights in or to the Technology other than a non-exclusive right to access and use our APP solely in accordance with the terms of this Agreement. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent (including all reissues, divisions, continuations, and extensions thereof), copyright, trade name, trademark, service mark, logo, trade dress, trade secret, mask work, rights in technology, know-how, rights in content (including performance and synchronization rights), database protection, or other right in or to intellectual property that are in each case protected under the laws of any governmental authority having jurisdiction.
2.3. Modification. We may discontinue or modify any aspect of our APP, change the user experience and add new user functionality and applications, restrict the time our APP is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our APP without prior notice or liability to you. Your only remedy is to discontinue using our APP if you do not wish to utilize or be subject to a modification we make to our APP.
2.4. Removal of Access. Your access to our APP is provided on a temporary basis with no guarantee of future availability. You agree that we may immediately suspend or terminate your access to our APP or any part thereof. Cause for such measures include, without limitation: (a) breach or violation of this Agreement or other incorporated agreements or guidelines; (b) discontinuance or material modification to our operations; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
2.6. User Content and Feedback. Content posted or provided by users via our APP (collectively, “User Content”) is the intellectual property of the specific Users of our APP who post such User Content. By your submission, posting or delivering of User Content to us, you hereby grant to us a transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Content. We do not generally monitor or otherwise remove User Content after it is posted on our APP, except as required or permitted by law or otherwise in our sole discretion. We reserve the right to remove any and all material that we feel is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate this Agreement. We are not responsible for the timeliness, deletion, mis-delivery or failure to store any User Content. We do not make any warranties or representations regarding any of the User Content. We do not approve, endorse, sanction, encourage, verify or agree with any message, profile, or other content posted by our users or otherwise embodied in the Content. You understand and agree that any User Content you submit may be viewed by other Users of our APP. For purposes of this Agreement, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
Should you provide us with comments, feedback, information, or data about our APP, our Content, or use of our services, such as ideas, suggestions, or questions, (collectively, “Feedback”), your Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques, know-how, and intellectual property rights) to MOLE without charge. You further agree to take all acts reasonably requested by MOLE to confirm MOLE’s ownership of such Feedback. As the sole and exclusive owner of such Feedback, we will be free to reproduce, make, copy, use, disclose, sell, distribute, and otherwise exploit such Feedback, for any commercial or non-commercial purposes (including into MOLE’ products, services, APP or other offerings of MOLE), without any obligation or compensation to you of any kind.
2.7. Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others. If you believe that any Content of our Site may infringe your copyrights or other intellectual property rights, please provide MOLE the written information specified below. Please note that this procedure is exclusively for notifying MOLE if you believe that your intellectual property rights have been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
· A description of the intellectual property right that you claim has been infringed;
· A description of where the material that you claim is infringing is located on our Site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
MOLE’s representative for notice of claims of copyright infringement or other intellectual property infringement on our APP can be reached as follows:
1190 Stirling Rd Dania Beach, Florida 33004 UNITED STATES
2.8. User Restrictions. You may not directly or indirectly:
· license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our APP or Services in any way;
· transfer, assign, provide, allow access to, or otherwise make available to any other person or entity your account on the APP or any login or registration information associated therewith, including without limitation the username and password associated with your account;
· use the Services or APP in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
· copy, reproduce, change, disassemble, reverse engineer, decrypt, frame or translate any part of the Services or APP, or otherwise attempt to learn, access, decompile, reverse engineer or otherwise derive the source code, algorithms, structure, or ideas upon which the Services and APP are based or attempt to copy, change, delete or alter any content or functionality within the Services and APP;
· use our APP, Technology, or Content to develop a competing service or product or otherwise to gain competitive intelligence about us, our APP, our Services, or any product or service offered by MOLE or our affiliates;
· use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of our APP, servers, or networks connected to our APP or take any other action that interferes with any other person’s use of our APP or Services;
· introduce into the APP any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the Services or APP or perform any such actions; or introduce into the Services or APP any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
· use or merge our APP, Services, or any component thereof with other software, databases, products, or services not provided or approved by us;
· circumvent or defeat or attempt to circumvent or defeat any electronic protection measures in place to regulate or control access to our APP;
· use our APP or Services for unlawful purposes;
· develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our APP;
· use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our APP for any reason;
· delete, modify, hack, or attempt to change or alter our APP, Services, Content, or notices on our APP;
· connect to or access any MOLE computer system or network other than our APP;
· access or modify, or attempt to access or modify, any other person’s or entity’s information or content;
· encourage or facilitate any illegal activities, or post, upload, or transmit anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
· impersonate any other person or entity to use or gain access to our APP or Services; or
· use our Services or APP in any way that otherwise violates this Agreement.
3.1. General. To the maximum extent permitted by law, our APP is provided “as is” and “as available”, and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our APP will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our APP will be accurate or reliable, that defects in the operation or functionality of our APP will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our APP will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
3.2. Not for Medical Use. Our Services are not intended as a substitute for, nor do our Services or APP replace, recommend, or endorse professional medical advice, diagnosis, or treatment. Nothing stated, posted, linked, or available through our Services or APP is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. No licensed medical professional/patient relationship is created by using our Services.
3.3. Not Legal Advice. We are not lawyers and do not provide any type of legal or other advice. No attorney-client relationship is formed between you and MOLE. Any communication, information or recommendation that comes to you or from an attorney or law firm through MOLE is from that individual law firm or attorney and not MOLE.
3.4. System Unavailability. There may be times when the Services and APP are unavailable due to technical errors or network outages or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services and APP will always be available or are completely free of human or technological errors.
3.5. Errors. The Services and APP may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or APP or any information supplied to you via the Services or APP, or that files available through the Services or APP are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
3.6. Compatibility. You must provide the equipment and Internet connections necessary to access the Services and APP at your own expense. We do not guarantee that the Services and APP will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.
4. Indemnity; Limitation of Liability
4.1. Indemnity. You agree to defend, indemnify, and hold harmless MOLE, our affiliates, and our and their officers, directors, managers, equity holders, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, fees, costs, or expenses, including attorney’s fees and expenses, arising out of or in any way connected with: (a) your use of our APP or Services, (b) your violation of this Agreement, (c) any User Content you provide through our APP, (d) your violation of any law or the rights of any third party, and (e) your negligence or willful misconduct.
4.2. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MOLE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR APP OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR APP, OUR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR APP AND SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR APP OR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
4.3. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST US.
4.4. Term, Termination, and Suspension. This Agreement shall remain in effect until the earlier of the termination of your use of the APP or Services or termination of this Agreement as set forth herein. MOLE may terminate or suspend this Agreement and your license to use and access the Services and APP upon written notice: (a) in the event you breach any of the terms of this Agreement, or (b) in the event you violate any of the Intellectual Property Rights of MOLE or our affiliates or third party licensors. Upon termination or expiration of this Agreement for any reason, your licenses shall automatically terminate and you shall cease access and use of the APP and Services. All provisions of the Agreement which reasonably should survive termination will do so. By way of example but not of limitation, all obligations regarding confidentiality shall survive the termination of this Agreement. Termination of this Agreement is not MOLE’s exclusive remedy and all other remedies will be available to MOLE. You agree that MOLE may suspend access to the APP and Services without liability upon written notice to you if: (i) we reasonably believe that the APP or Services are being used in violation of this Agreement; (ii) you do not cooperate with our reasonable investigation of any suspected violation of this Agreement; (iii) there is an event for which we reasonably believe that the suspension of access to the APP or Services is necessary to protect the network or other customers or MOLE or our affiliates; or (iv) if required by law.
5. Dispute Resolution and Governing Law
5.1. Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Florida, without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in the State of Florida. You irrevocably submit and consent to the personal jurisdiction of such courts.
5.2. Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to our APP or Services, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party by phone, electronic correspondence, or written correspondence. If we are unable, after a good faith effort, to resolve any Dispute ourselves, you and MOLE agree to resolve such Dispute through confidential binding arbitration as set forth below.
5.3. Binding Arbitration. If you and MOLE are unable to resolve a Dispute through informal negotiations, either you or MOLE may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”), both of which are available through the AAA’s website at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MOLE may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on an award entered by the arbitrator.
5.4. Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CLIENT OR REGISTERED USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR REGISTERED USER.
6.1. Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor MOLE will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
6.2. Entire Agreement. This Agreement, including the agreements and policies incorporated or referenced herein, constitutes the entire agreement between you and MOLE with respect to the subject matter hereof and supersedes all prior agreements, both oral and written, with respect to the subject matter hereof. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce such provision or any other provision in this Agreement. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement. We may revise and update this Agreement from time to time, and will post the updated Agreement to our APP. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of our APP will constitute your agreement to any new provisions within the revised Agreement.
6.3. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond or proving actual damages), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
6.4. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person or entity, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
6.5. Force Majeure. Neither you nor MOLE will be liable for inadequate or delayed performance under this Agreement to the extent caused by a condition (natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) beyond such party’s reasonable control.
6.6. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, disclaimers, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
6.7. Contact Us. For help with the Services, APP or resolving other issues, please contact us.
1190 Stirling Rd
Dania Beach, FL 33004