Terms of Service
These Terms govern your access to and use of Moxiejava.com, WordPress.com, Phvntom.com, and Secure Tree. Tools, as well as all content and products and services (for example, ecommerce services as outlined below in Section 7e) available at or though these websites (collectively, “Services”).
These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted by Phvntom Inc. that are operated by our users.
Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by Moxie (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your Agreement is with Moxie Java International. If you reside outside of the “Designated Countries,” your Agreement is with Moxie Java Inc.
We refer to Moxie Java International and Moxie Java Inc. collectively as “Moxie Java” or “we” throughout these Terms.
2. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. 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.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Moxiejava.com or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Moxie Java websites.
5. Fees, Payment, and Renewal
Fees for Paid Services. Some of our Services are offered for a fee, such as Secure Tree, bulk orders, and some Ecommerce Services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring Payments for your website’s subscriptions — we may collect a percentage of the revenue your website generates. Revenue-based fees are ongoing.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
b. Fees Collected by Store Owners
Automatic Renewal. Any recurring payments you make to a website (such as a website subscription) are automatically renewed. This means that unless you cancel your website subscription before the end of the applicable renewal period, it will automatically renew, and you authorize us to invoice you or charge any payment mechanism we have on record for you to collect the then-applicable fee. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your website subscription, you will be charged each year.
Refunds. We do not issue refunds for fees collected by a single store owner because those transactions are between store owners and their users; we only provides the technology behind these transactions. If you would like to request a refund for any fees paid to a single store or store owner, please contact the store owner.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Automattic’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
7. Specific Service Terms
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on Moxiejava.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic. We use a third party, Google Analytics (“GA”), to measure Moxiejava.com’s audience and usage. Your traffic will be included under Moxie Java. You understand that your visit will not receive credit for traffic in these reports with personally-identifiable data, and you must not assign your traffic to any other party. If we or GA require additional documentation to verify ownership of your usage or visits, you agree to make reasonable efforts to accommodate such requests.
Prohibited Uses. By using Moxiejava.com, you represent and warrant that your Content and conduct do not violate the WordPress User Guidelines.
HTTPS. We offer free HTTPS on all Moxie Java websites by default, including those using custom subdomains, via Let’s Encrypt. By signing up to Moxiejava.com, you authorize us to act on the registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on this website.
Advertisements. We reserve the right to display advertisements on any Moxiejava.com website.
Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, attributing Moxie Java or Phvntom Inc., for example. Some of these attributions may not be altered or removed. For more details about what these attributions might look like, and under which circumstances (if any) they may be altered or removed, see Phvntom.com.
b. Ecommerce Services
There are certain features offered via WooCommerce, WooCommerce Services, WordPress.com, or Jetpack that enable us to sell items (goods, content, services, etc.) or collect payments on this website, such as Store, Simple Payments, and Recurring Payments (collectively, “Ecommerce Services”). If we use WooCommerce, the WooCommerce Use Terms also apply.
Usage of Information. WooCommerce Services may require Automattic’s servers, a connection to our partners, and/or data from our website, to work.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Services or force refunds to you without prior notice if we determine (in our sole discretion) that your use is in violation of these Terms. If you’re using Ecommerce Services on Moxiejava.com, you must not violate our User Guidelines or Store Guidelines.
We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your Stripe account.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar, if you are using Store) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
Shipping Services. Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you have provided in your WordPress.com account, which you can view and manage as described on the Payments Methods support page. If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
Refunds for unused shipping labels must be requested in your store’s wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven’t received your refund within this time frame, please contact us.
You may not transfer or sell postage and/or shipping labels to a third party.
Your Responsibilities. You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
8. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Automattic product or service violates your copyright, please notify us in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Automattic or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Automattic. Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics, and logos used in connection with WordPress.com or our Services, are trademarks or registered trademarks of Automattic or Automattic’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Automattic or third party trademarks.
10. Third Party Services
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Automattic.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
11. G Suite
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Moxie Java, or by the posting by Moxie Java of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Moxie Java policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Moxiejava.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Disclaimer of Warranties
Our Services are provided “as is.” Moxie Java and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Moxie Java, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Idaho, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Ada County, Idaho.
16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Ada County, Idaho, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
17. Limitation of Liability
In no event will Moxie Java, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Moxie Java under the Agreement during the twelve (12) month period prior to the cause of action. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
19. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Moxie Java and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Moxie Java may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.