- Policies
- Terms of Use
Terms of Use
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following Terms of Use (“Terms”) are entered into by and between any person who accesses or uses the Site (defined below) (either an individual or an entity referred to herein as “You,” “Your,” “Yourself,” or “End User”) and MOI, Inc. (“MOI,” “We,” “Our” or “Ourselves”). Both You and MOI are, individually a “Party” to, and collectively “Parties” to, the Terms. The Terms apply to (i) You and Your use of all websites owned and operated by MOI, including, without limitation, https://www.moii.com and all associated webpages (the “Site”), and (ii) the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to You in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting Your needs in respect to providing Our services and products (collectively, the “Service”), in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization or he, she or they, are taken as interchangeable and therefore as referring to same.
PLEASE REVIEW THE TERMS CAREFULLY INCLUDING, WITHOUT LIMITATION, ANY LINKED OR REFERENCED AGREEMENTS, POLICIES, TERMS AND CONDITIONS HEREIN, WHICH ARE INCORPORATED BY REFERENCE INTO THE TERMS. THE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THE TERMS, YOU ALSO AGREE TO SAID USE OF BINDING ARBITRATION. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS, AS WELL AS ANY AND ALL ADDITIONAL TERMS AND POLICIES MOI MAY PROVIDE, INCLUDING, WITHOUT LIMITATION OUR PRIVACY POLICY, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CLICK THE “ACCEPT” OR SIMILAR BUTTON OR CHECK BOX, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SITE OR OTHERWISE ACCESSING OR USING THE SERVICE. The Terms give You specific legal rights, and You may also have additional legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms will not apply to the extent prohibited by applicable laws.
Eligibility and Access Terms:
• Eligibility. You must be at least 18 years of age or the age of majority in Your place of residence to access the Site and the Service. The Terms consist of a legally binding contract between You and MOI. The Terms apply to any End User of the Site and the Service. You may access and use the Site and the Service only if You can form a binding contract and only in compliance with the Terms and all applicable Laws.
• Availability. Unless otherwise stated, the Site and the Service are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States. We make no claims that the Site or the Service are, or will be, accessible or appropriate outside of the United States or compliant with the laws or regulations of any country but the United States. Access to the Site may not be legal by certain persons or from certain countries. If You access the Site from outside the United States, You do so on Your own initiative and You are responsible for compliance with local laws. You are solely responsible for evaluating the fitness for a particular purpose of any text available through the Site. Redistribution or republication of any part of the Site or its content is prohibited, without the express written consent of MOI or as otherwise provided by t.
• Additional Terms. By agreeing to the Terms, You also agree to all other operating rules, policies and procedures (collectively, “MOI Policies”) that may be published from time to time on the Site, or other location determined by MOI. The MOI Policies are incorporated in the Terms by reference and may be updated by MOI from time to time without notice to You. You also acknowledge and agree to the collection and use of Your information as set forth in the MOI Privacy Policy, which is incorporated by reference herein. Insofar as a change to the MOI Policies affects Your privacy rights as outlined in Our Privacy Policy (detailed below), We will notify You of said changes.
Grant of Right
• Grant of Right. Subject to the Terms, MOI hereby grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Site. MOI may terminate or limited this license at any time for any reason or no reason.
• Authorized Uses. MOI grants You a limited right to make the following uses of its copyrighted information from the Site (each being an “Authorized Use”): (i) You may reproduce the Site content solely for your personal, noncommercial, educational, and informational use, and only if You keep such reproduced content intact with proper attribution and display of the copyright notice, and (ii) if You are an architect or designer, You may download and use the photo gallery portion of this site in connection with bids or requests for proposals for the sale by Us to potential and actual customers, for internal training, and for seminars. You may download or print Site content, provided You do so for an Authorized Use and provided You do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to You to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the Site content. The Authorized Use is not a transfer of title, and under this permission you may not:
- Alter the Site content in any way;
- Use the Site content for any public display (commercial or noncommercial) or for any purpose other than for the Authorized Use; o Remove any copyright, trademark, or other proprietary notations from the Site content;
- Transfer the Site content to another person, "frame" or "in-line link" the site content, "deep link" to the site content, or "mirror" the site content on any other server;
- Copy or modify, redistribute, republish, upload, adapt, or reuse any of the text, graphics, or other Site content, or any of the source code or HTML code MOI uses to generate the Site except as a part of an Authorized Use without prior written permission; or engage in any other conduct that violates the Copyright Act. Each Authorized Use terminates automatically, without notice, if you breach any section of the Terms or any applicable law. Upon termination, you must immediately destroy any downloaded, printed, or otherwise locally or personally held copy or element of Site content. Members of the media should contact MOI’s marketing team at marketing@moii.com for permission to use MOI copyrighted information.
• Term. The Terms will remain in full force and effect so long as You continue to access or use the Site or the Service, as applicable. Even after You cease use of the Site and Your license to use the Site or the Service ends, the Terms and Our Privacy Policy, including all of Your obligations under the Terms and Our Privacy Policy prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of, relating to, or connected with Your use of the Site or the Service.
Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
• Use any device or other means to harvest information about other users or MOI customers.
• Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the site or related servers and networks.
• Post any material on the site that is offensive to any other user. MOI maintains the exclusive right to determine what is offensive.
• Post or store on the site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, patents, and publicity rights). • Modify the information found on the Site.
• Engage in any action MOI determines is detrimental to the use and enjoyment of the Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States, or post any information that could result in civil unrest.
• Use the Site in territories where the sale of MOI products is not permitted.
End User Provided Information
The Site permits You to submit to MOI a service request, an inquiry, a request for a quote, or a request to tour an MOI showroom. Our collection and use of any and all personally identifiable information provided by You is submitting any of the above, as well as your associate privacy rights, are controlled by Our Privacy Policy. Without regard to any personally identifiable information, in submitting any of the above, and all subsequent communications between You and an MOI representative, You agree that MOI shall have the right to use, in any manner and for any purpose, any information gained as a result of your submission, including, without limitation, ideas, content, concepts, designs, changes, modifications, corrections, and improvements to the Site or the Service.
NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE OR THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORTS IS WITH YOU. THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MOI DOES NOT WARRANT:
• AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR THE SERVICE; • THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS;
• THAT THE OPERATION OF THE SITE AND THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
• THAT DEFECTS OR ERRORS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR
• THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SITE OR THE SERVICE WILL NOT BE LOST, CORRUPTED, OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOI OR A MOI AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THE TERMS. LIMITATION OF LIABILITY IN NO EVENT WILL MOI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED MOI OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO, OR CONNECTED WITH ANY PROVISION OF THE TERMS OR THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE). THE TOTAL AGGREGATE LIABILITY OF MOI ARISING OUT OF RELATING TO, OR CONNECTED WITH THE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) SHALL NOT EXCEED $100.
The above limitation applies only to the extent permitted by applicable law. None of your statutory rights as a consumer are affected.
INDEMNIFICATION
BY USING THE SITE OR THE SERVICE YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOI FROM AND AGAINST ANY CLAIM, LOSS, LIABILITY, DAMAGE, TAX, EXPENSE, AND COST, INCLUDING ATTORNEY FEES, ARBITRATION COSTS, AND COURT COSTS, ARISING OUT OF, RELATING TO, OR CONNECTED WITH (i) YOUR VIOLATION OF THE TERMS, (ii) YOUR USE OF THE MOI SITE OR THE SERVICE, INCLUDING, OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE OR THE SERVICE, (iii) ANY INFORMATION YOU PROVIDE TO MOI; OR (iv) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
MOI RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY MOI AND YOU AGREE TO COOPERATE WITH OR OUR DEFENSE OF SUCH CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT MOI’S PRIOR WRITTEN CONSENT. MOI WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Data Collection As set out more fully in Our Privacy Policy, We may collect Personally Identifying Information, technical information, and other information from your access and use of the Site or the Service. We, and some of our affiliate partners, may also use cookies. For more information on our data collection practices and a recitation of your privacy rights, please see Our Privacy Policy.
Links
• Your Links. If You create a link to a page of the Site, You do so at Your own risk and the disclaimers and limitations set out herein will apply to Your use of the Site by linking to it.
• Third Party Links. Third party websites, services, or resources may contain links to the Site. When You access third party websites, or attempt to access the Site through a link provided by a third party website, You do so at Your own risk, These other websites are not under MOI’s control, and You acknowledge that MOI is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by MOI or any association with its operators. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MOI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR ANY DAMAGE OR LOSS CAUSED, OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON, ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, SERVICE, OR RESOURCE.
• Links to Third Party Websites. The Site may contain links to third party websites. We do not monitor or review the content of third party websites to which the Site provides links. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Us and We are not and should not be regarded as the publisher of such opinions or material. Please be aware that We are not responsible for the privacy practices, or content, of these websites. We encourage You to be aware when You leave the Site and to read the privacy statements of these websites. You should evaluate the security and trustworthiness of any other websites connected to the Site or accessed through the Site, before disclosing any personal information to them. YOU ACKNOWLEDGE AND AGREE THAT MOI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED, OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON, LINKS TO THIRD PARTY WEBSITES PROVIDED BY THE SITE OR YOUR DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES ON SUCH THIRD PARTY WEBSITES.
Force Majeure
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including, without limitation, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms.
No Waiver
No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision, and MOI’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. No waiver is valid unless agreed expressly to in writing by MOI.
Entire Agreement & Severability
The Terms, together with any amendments and any additional agreements You may enter into with MOI in connection with the Site or the Service, shall constitute the entire agreement between You and MOI concerning the subject matter contained herein. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Arbitration; Governing Law
• Generally. Unless the Terms provides otherwise, all controversies arising from or relating to the Terms (including the validity and scope of the arbitration obligations under this section, which the Parties acknowledge is to be determined by an arbitrator and not by a court) or Your use of the Site or the Service, must be settled by binding arbitration by one arbitrator with experience in business and commercial law in accordance with the Judicial Arbitration and Mediation Service, Inc.’s (“JAMS”) Comprehensive Arbitration Rules and Procedures (the “Arbitration Rules”) and in accordance with the Expedited Procedures provisions in the Arbitration Rules (as they exist on the date on which these Terms were last updated). Both Parties will cooperate and abide by the conflicts of law provision of the Arbitration Rules. This section shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction. The Parties shall select one arbitrator within 10 days after the filing of a demand for arbitration submission in accordance with the Arbitration Rules. If the Parties fail to agree on an arbitrator within that 10-day period or fail to agree to an extension of that period, in writing, the arbitration shall take place before an arbitrator selected in accordance with the Arbitration Rules.
• Finality. The arbitrator’s award is finial and non-appealable except on such grounds for review as are allowed by the laws of the District of Columbia. Any court having jurisdiction may enter judgment on the award.
• Failure to Appear. An award may be entered against a Party despite the Party’s failure to appear at any properly noticed arbitration proceeding. This arbitration provision is self-executing. Any arbitration will be conducted in the city of Washington in the District of Columbia.
• No Class Actions. All controversies shall be arbitrated on an individual basis between the Parties. Neither Party shall bring any class, collective, or multi-party claims against the other. Neither Party shall be a claimant or otherwise participate as a Party in any class, collective, or multi-party claims or proceedings brought by any other individual or entity.
• Authority. The arbitrator has the authority to award any relief which the arbitrator deems proper, including, without limitation, money damages (with interest on any unpaid amounts from the date due), specific performance, injunctive relief, attorneys’ fees and costs. The Parties are bound by the provisions of any limitation the period in which claims must be brought under the laws of the District of Columbia. In any arbitration proceeding, a Party must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any claim which is not submitted or filed as required will be barred. The arbitrator cannot consider any settlement discussions or offers that might have been made by either Party.
• Attorney Fees. The prevailing Party in any arbitration is entitled to recover its reasonable attorney fees and costs.
• Confidentiality. The Parties shall treat the arbitration proceedings and all decisions rendered from the arbitration as confidential and must not disclose anything about the arbitration to any entity not a party to the Terms, except for a Party’s attorneys, accountants, financial advisors, tax planners, employees, and investors who agree to be similarly bound by this confidentiality requirement, or except when a court or the state mandates disclosure, or when a Party is obligated under a third party contractual obligation not entered into for the purpose of circumventing this confidentiality provisions. But if any disclosure is required, the Parties will act in good faith to maintain the confidentiality of the Terms that are not required to be disclosed. However, a Party may have an arbitration award confirmed by the court having jurisdiction. A Party need not file the award under seal or to conduct the court proceedings on a confidential basis.
• Choice of Law. Any arbitration conducted pursuant to the Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C. §§1-16). Any dispute between the Parties that is not subject to arbitration will be resolved in the local or federal court of the District of Columbia and the United States of America, respectively, sitting in the city of Washington, in the District of Columbia, except to the extent prohibited by applicable local law. The Terms shall be governed by, subject to, and construed in accordance with the laws of the District of Columbia, excluding all conflict of law rules that might direct the application of another jurisdiction’s laws.
Assignment
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MOI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. California Residents. The Site and the Service are offered by MOI, Inc., located at 1801 Porter St., Suite 100, Baltimore, MD 21230, and can be reached via email at info@moii.com. If You are a California resident, (i) You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information; and (ii) in accordance with Cal. Civ. Code § 1789.3, You may report complaints to the Complaint Assistance unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Modification to the Terms
MOI may update or modify the Terms, the MOI Policies, and other terms and conditions, from time to time at is sole discretion by posting the changes on the Site or by otherwise notifying You (such notice may be via email). When MOI updates or modifies the Terms, MOI will revise the “last updated” date at the top of this page. If, at any time, You do not agree to the Terms, please do not access or use the Site and the Service. Your continued use of the Site or the Service after a posted change in the Terms will constitute Your acceptance of and agreement to such changes. If there are any changes to Our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on the Site. If there are any changes in how we use Your personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change, if applicable. Any changes to Our Privacy Policy will be posted on the Site 30 days prior to said changes taking place. You are therefore advised to re-read this statement on a regular basis.
Modification to the Site and the Service
MOI may, with or without notice, change, suspend, or discontinue any aspect of the Site or the Service. Without limiting the foregoing, MOI reserves the right to, from time to time and without prior notice, shut down the Site for maintenance and/or updates and MOI is not responsible or liable to You for any such downtime.
Notices
Notices will be in writing and be delivered as follows. Notices from You to MOI will be sent by courier or overnight delivery to 1801 Porter St., Suite 100, Baltimore, MD 21230. Notices from MOI to You will be sent by electronic mail to the address You provide when you submit (i) a service request, (ii) an inquiry, (iii) a request for a quote, or (iv) a request to tour one of Our showrooms, if applicable. MOI may also issue notices through the use of banners when You visit the Site.
Contact Information:
Email Address: info@moii.com
Offices & Showrooms:
Baltimore, MD
1801 Porter St Suite 100 Baltimore, MD 21230
1 (800) 780-2000
Washington, D.C.
1901 L St NW Suite 200 Washington, D.C. 20036
1 (202) 469-7600
Charlottesville, VA
120 Garrett St, Suite 103 Charlottesville, VA 22902
1 (434) 327-1180
Richmond, VA
1021 E Cary Street Suite 102 Richmond, VA 23219
1 (804) 554-5718
Virginia Beach, VA
4500 Main St Suite 610 Virginia Beach, VA 23462
1 (757) 201-3547
Roanoke, VA
520 Kimball Ave NE Roanoke, VA 24016
1 (540) 344-5549
Copyright
MOI holds the copyright and all other relevant intellectual property rights relating to the Site and the Service. MOI’s logo is a registered trademark, and You may not reproduce, copy, or otherwise use MOI’s mark without out our express written Consent.
Copyright (c) MOI, Inc. All rights reserved. The Site is the property of MOI and is protected by United States’ and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site and the Service, as well as the trademarks, product names, graphics, logos, names, slogans, colors, and designs.