Please read these Terms carefully. Access to, and use of Mopping California (“Services”), and the Mopping California’s website, http://moppingcalifornia.com (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, whether created manually by Company on your behalf or otherwise, or by using or visiting our Website, you are bound to these Terms, and you indicate your continued acceptance of these Terms. Continued acceptance of the services of Company constitutes acceptance of all new, amended and existing Terms and policies.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Mopping California reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Mopping California will alert you that changes, or revisions have been made by indicating on the top of this Agreement the date it was last revised.
The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Mopping California for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Acceptance
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Mopping California or the applicable third party (if third party content is at issue).
1. Your Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and we may change or remove any information that we consider inappropriate or unlawful, or otherwise likely to expose us to claims of third parties.
You hereby agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Mopping California of any unauthorized uses of your information, your account or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Users of the Website, Products, and/or Services
Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms. User’s rights under any one or are conditioned upon compliance with each of the following:
(a) the User will not create or Submit anything that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
(b) the User will not embed, re-publish, maintain and/or display any Website content on any website or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; the User will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable;
(c) the User will not provide false information about him or anyone else (including, without limitation, if and when the User are being asked on the Website to provide accurate information about the User’s age). , and the User will not impersonate or appear to impersonate anyone else or otherwise misrepresent the User’s affiliation with any person or entity;
(d) the User will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other User of the Website, unless the User would have obtained prior permission from such User to do so;
(e) the User will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website (or any parts thereof); the User will abide by all copyright notices, information, restrictions contained in or associated with any of the Website content;
(f) the User will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Website content; the User will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo filtering and/or encryption) associated with Website content;
(g) the User will not use bots, spiders, offline readers or other automated systems to access or use the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless the User is a lawfully operating a public search engine, in which case (subject to Mopping California’s full discretion to revoke this exception at any time);
(h) the User will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) the User will not do anything on the Website that would prevent other Users’ access to or use of the Website or any part thereof; and the User will use the Website and the Licenses at all times in compliance with this Agreement and all Applicable Laws. As a condition of access and use of the Website, the User warrants that he will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement.
(j) The user is responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mopping California’s will take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.
3. Copyright Infringement
As Mopping California requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Mopping California. Mopping California will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
(b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work;
(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
(d) your name and contact information, including telephone number and email address;
(e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mopping California and the Mopping California logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Mopping California or Mopping California’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Mopping California or third-party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.
Mopping California reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Mopping California may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Mopping California reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Mopping California chooses, in its sole discretion and without advance to you, to terminate it.
The configurations and specifications of the Website, including without limitation all content there available, the Services may be amended and/or updated from time to time, at the sole discretion of Mopping California. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.
7. Limitation of Liability
Mopping California’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Mopping California WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE CONTENT; (3) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.
You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Mopping California harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.
Force Majeure. Mopping California will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Mopping California may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Mopping California supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Mopping Californiaw to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’; intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from California. This Agreement will be governed by the laws of the State of California without regard to its conflict of law principles to the contrary. Neither you nor Mopping California will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of California. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Mopping California reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Mopping California may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated. Mopping California reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until Mopping California chooses, in its sole discretion and without advance to you, to terminate it.