Terms and Conditions
Trademarks and Service Marks
No service marks or trademarks that appear on the Site (whether registered or unregistered) may be used without our prior written consent.
Disclaimers and Limitation of Liability
We do not represent or warrant that the Site will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information content or service appearing on the Site.
WE ARE PROVIDING THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MOCHABAY.com OR ITS AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. IN THE EVENT THAT YOUR STATE DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY DESCRIBED ABOVE, THE ABOVE PARAGRAPH SHALL BE INTERPRETED TO BE LIMITED TO DAMAGES ALLOWED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge the Site may contain a range of digital content, including photographs, videos, graphics, music, sounds and other material (collectively the “Content”) that are protected by applicable law, including copyright, trademark, and related intellectual property laws. We have worked hard to develop this intellectual property, and we work to protect these rights in all forms, media and technologies existing now or hereinafter developed. All Content is protected under the U.S. copyright law. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, without our advance written consent. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 USC §107), you may not post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
We may also act as a distributor (and not a publisher) of content supplied by third parties (the “Third Party Content”). We have no editorial control over such Third-Party Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Third-Party Content expressed or made available by third parties, are those of the respective authors or distributors and not ours, our affiliates, or any of our officers, directors, employees or agents. We do not guarantee the accuracy, completeness or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. In many instances, any third-party content on the Site represents the opinions of the author, and are not under our control. As a result, we neither endorse nor accept responsible for the accuracy or reliability of any opinion, advice, or statement made on our Site. Under no circumstances shall we or our affiliates, or any of our officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third-Party Content available on the Site.
These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Washington. In the event of a conflict between any provision in these Terms and Conditions and applicable law, these Terms and Conditions shall control.
In the event any of these Terms and Conditions are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions. If such a provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
These Terms and Conditions, including all documents referenced herein, represent the entire understanding between us, and supersede any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS by using our website, MochaBay.com.
We reserve the right to make changes to this Site and these Terms and Conditions at any time.
The aforementioned Terms and Conditions are subject to change at any time without notice to you.