This is a binding legal contract between you and Moat Inc. (and any predecessor and successor entities), covering your use of the website www.Moat.com and other Moat websites ("Sites") and any of our services ("Services"). If you do not agree to all of these terms, please do not use the Sites or the Services - if you visit the Sites or use any Services, you are necessarily agreeing to these terms.
- Some portions of the Sites and some Services can be accessed without an account. If you open a Moat account, you can only use your account for the purpose of using our Services for the purposes we describe on the Sites (not for competitive intelligence or any other purpose).
- You are responsible for everything done through your account so please do not share your ID and password with anyone you do not want to be accountable for. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account.
Things You Cannot Do
- Lie to us in connection with your use of the Sites or the Services. This includes but is not limited to giving false information in your account registration.
- Post anything that could be considered defamatory, libelous or criminal.
- Open a new account without our written permission if we have terminated a prior account or suspended your access to the Sites or any Services.
- Transfer your account to someone else.
- Bypass any technical protections or throttling that we institute, or access, use or scrape the Sites or the Services by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.
- Do anything we ask you not to.
Moat is strongly committed to respecting intellectual property and other rights. To see our Infringement Policy or report infringement, click here.
Moat retains all right, title and interest in the Sites, the Services, and its trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. You may not copy, modify, create derivative works from or distribute any content from the Sites or our trademarks or use the Sites for any purpose not authorized by the Agreement. Except for rights expressly granted in the Agreement, nothing in the Agreement grants any right, title or license.
Indemnity, Disclaimers and Limits on Liability
- You will indemnify, defend, and hold harmless Moat, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to this Agreement or your use of the Sites and/or our Services. Moat reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE SITES OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses, our Sites and Services are vulnerable to down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.
- THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR ANY SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
- We reserve the right to suspend or terminate your access to the Sites and the Services and/or your account at any time for any or no reason. This is not our exclusive remedy under any circumstances.
- This Agreement will survive termination or suspension of your access to the Sites and/or Services and/or closure of your account.
- The Agreement incorporates all Moat policies, which can be found on the Sites.
- We reserve the right to change the Agreement and our policies at any time. When we make such changes, we will post them to our websites and you will be able to access them through the same link you used before. Your use of the Sites and/or the Services after such changes constitutes acceptance of the new terms and/or policies.
- Moat will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.
- We will communicate with you either by emailing the address associated with your account or by posting to a blog on the Sites or on the Sites themselves. You and we will give any notices required or permitted by the Agreement (other than legal process) by email with the proviso that we will email your account address and you will email us at firstname.lastname@example.org. Emails to other addresses will not satisfy any notice requirement.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Sites and all Services.
- The Agreement is the entire agreement between you and Moat and it replaces any other agreement between us on this subject. Aside from our right to make changes described in this Agreement, any amendments to the Agreement must be in a writing signed by both parties.
- You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
- The Agreement is governed by New York State law, excluding New York’s choice of laws principles. The parties will resolve any disputes in the courts of the Southern District of New York to whose exclusive jurisdiction and venue they irrevocably submit, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
- If any provision of the Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.
Last updated on April 17, 2011.