Terms of service
Last Updated: May 1, 2019
Welcome to Moment! We will use a few terms in these Terms:
- "Terms" – these Terms of Service, which are a legally binding agreement that governs your access to our Services.
- "Operator" – any charter air carrier that has an account with Moment.
- "Customer" – any individual or entity seeking to contract via the Services for charter aircraft travel arranged by an Operator.
- "Transaction" – any charter aircraft travel arrangement between a Customer and an Operator who have been introduced to each other through our proprietary charter travel marketplace, available at flymoment, in which Moment acts as such Customer’s agent subject to the terms and conditions of a separate Charter Agreement by and between such Customer and Moment. You understand and agree that each Transaction results in a contract solely between an Operator and a Customer and that Moment is not a party to any Transaction.
- "Services" – the www.flymoment.com website, its subdomains, any other sites or media that redirect to the www.flymoment.com website or subdomain, any related mobile applications and the services that we make available to you through these media.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Moment ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 18 "AGREEMENT TO ARBITRATE").
1. Acceptance of Terms.
PLEASE REVIEW THESE TERMS BEFORE USING OUR SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT www.flymoment.com/terms. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OUR SERVICES. BY USING OUR SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms via our Services. Revisions to these Terms are effective upon posting. These Terms will be identified as of the most recent date of revision. Your continued use of our Services after a revised version of these Terms has been posted on our Services constitutes your binding acceptance of the revised Terms.
2. Our Services.
We will make available different Services to you, from time to time, which may include without limitation the ability to conduct Transactions. You use all of our Services at your own risk.
(a) Transactions. Our Services also allow Customers to directly interact and negotiate charter aircraft travel contracts with Operators via the Moment marketplace. You understand that all contracts formed via Moment are solely between you and an Operator; however, you also understand that we may assist you in identifying the best Operator for your needs and may identify an alternative Operator for you if an Operator with whom you have contracted becomes unavailable. Each Transaction is subject to the terms and conditions of a separate Charter Agreement by and between Moment and the applicable Customer, but you understand that all Transactions ultimately result in charter aircraft travel contracts between Customers and Operators to which Moment is not a party and under which Moment shall have no liability. You understand that, with respect to any Transactions in which you participate (either as an Operator or Customer), we have no control over and do not guarantee the quality, safety or timeliness of any charter aircraft travel you may provide or receive. We cannot ensure that Customers will actually complete or pay for charter aircraft travel transacted in a Transaction. We cannot guarantee the truth or accuracy of any identifying information that the parties to a Transaction provide to each other. For each Transaction, we can and do confirm that a Customer and Operator joined our Services and represented and warranted to us a willingness to contract for charter aircraft travel via the Moment marketplace. You agree that we are not responsible or liable for any Content, including but not limited to data, text, information, any user’s name, charter aircraft brand name, graphics, images, photographs, profiles, messages, prices, items and links posted by any Customer or Operator. You are responsible for determining whether to enter into a Transaction and when and how to accept or provide payment for a Transaction.
(b) Limitations. We reserve the right, for any reason, in our sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Services, including but not limited to Content, features, hours of availability, or equipment required for access. We may also impose limits on the certain features of the Services or restrict your access to part or all of the Services without notice to you.
3. User Eligibility
(a) Age: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant to us that you are 18 years of age or older. If you are under the age of 18, you must at all times use the Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
(b) No Restrictions: You represent and warrant to us that you are not currently restricted from the Service, or not otherwise prohibited from having an Account and have full power and authority to agree to these Terms and doing so will not violate any other agreement to which you are a party. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change our criteria at any time.
(c) Failure to Qualify: If you do not qualify to create an Account, you are not permitted to use the Service and you shall not use the Service.
(d) Creating an Account and Contributing Content
4. Your Account
You are responsible for ensuring that any personal information you provide is accurate and up to date. We reserve the right to verify the accuracy of the information you provide at any time. You are responsible for creating a secure password and protecting your Account from unauthorized access. For any portion of the Services that requires a username and/or password, you are responsible for maintaining the privacy of your username and/or password. You agree to notify us immediately if you believe your username, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your username, password or other identifying information, or by any person who has obtained such information from you, including but not limited to any access to or use of our Services that may occur after you have notified us that your username, password or other identifying information has been lost, stolen or otherwise compromised. You shall not create multiple Accounts or attempt to use someone else’s Account. You shall not impersonate, abuse, harass, threaten or intimidate other people from your Account. You shall not engage in any of the following activities: modifying, copying, distributing, transmitting, reproducing, publishing, licensing, creating derivative works of, framing, transferring, selling or otherwise using any information, products or software from the Services, including without limitation engaging in the practice of "screen scraping" or similar activity. You shall not:
- Hack into any portion of our Services to affect or change our Services in any way;
- Modify another website in order to falsely imply affiliation or association with our Services; or
- Intimidate, abuse, harass, issue threats or intimidate other people using your Account.
5. Contributing Content
You agree to comply with all applicable laws regarding online conduct and acceptable Content.
- At your request, your Content may be disclosed to other users as necessary to arrange charter aircraft travel reservations between you and such other users.
- You will contribute accurate Content, including accurate travel availability, travel destinations and payment information. You understand that we may remove any Content for any or no reason, and without providing any notice to you.
- You shall comply with all applicable laws and regulations (including without limitation all United States copyright and trademark laws and all regulations of the United States Department of Transportation) with respect to any posted Content. You represent and warrant to us that: (i) you own or otherwise possess all rights to use Your Content; (ii) You have the permission to use the name and likeness of each identifiable individual person referenced in Your Content and permission to use such individual’s identifying or personal information; (iii) you are authorized to grant all of the rights described in these Terms; and (iv) the use of Your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.
- You are solely responsible for Your Content and conduct on our Services. We are not responsible for any use of Your Content in accordance with these Terms.
- Your Content may be modified or adapted in order to meet design and technical requirements of our Services or for any other reason. We do not guarantee that we will retain Your Content in modified or unmodified form, so we recommend that you retain original copies of Your Content.
- As between you and us, Your Content always belongs to you. By uploading, posting, contributing, or otherwise providing Your Content to us, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up, sublicensable and transferable license to modify, reproduce, distribute, prepare derivative works of, display, publicly perform, translate, alter, exploit and otherwise use Your Content in connection with our Services and/or our business, including without limitation for promoting and redistributing part or all of the Services in any media format and through any media channel; provided, however, that to the extent Your Content includes the personally identifiable information of any individual, we will either anonymize such Content prior to its use for promotion or redistribution of the Services or obtain your consent to identify the applicable individual(s) in connection with such Content. We do not guarantee that we or any of our licensors or other partners will attribute any use of Your Content to you.
6. Removal of Your Account and Your Content
You may disable your Account at any time by contacting us at firstname.lastname@example.org. Please note that even if you disable your Account, Your Content is not removed from our Services, although it will be anonymized. If you later enable your Account, we may not be able to associate your Account with Your Content that was previously associated with your Account.
We reserve the right to monitor and review your Account, Your Content and your activity for compliance with these Terms, and may remove or disable your Account or Your Content for any reason, including but not limited to violation of these Terms, alleged infringement of copyrights or verbal, physical, written or other abuse of a Moment user, employee, officer or representative. We may use commercially reasonable efforts to communicate with you via your Account email address prior to removal of your Account or Your Content, but we are not obligated to do so and cannot be responsible for failure to reach you via email. We reserve the right to terminate or suspend an Account for any defined period of time or indefinitely.
You shall not circumvent any technical measures we use to provide our Services.
We cannot guarantee access to your Account or Your Content. We have no obligation to retain or provide you with copies of Your Content. We reserve the right to reclaim any username created by a Moment user on behalf of any business or individual that holds a legal claim or trademark on that username. We also reserve the right to reclaim any username created by a user if that user’s Account has been inactive for at least twelve (12) months. Your Account may be permanently disabled due to prolonged inactivity.
7. Permitted Use of the Services
We allow users to access and make personal and professional use of our Services, including but not limited to visiting our websites or using our downloadable applications. You shall not modify the Service, or any portion of it, except with our express written consent.
Joining Moment is free. However, Moment charges Operators for certain features of our Services under a separate agreement between us and each Operator.
You are responsible for any fees charged by your internet service provider or mobile carrier for using our Services, including but not limited to data transfer fees.
You shall not use or attempt to use our Services for any purpose not related to the legitimate transaction of charter aircraft travel services; you shall not (and shall not allow any third party to) use or attempt to use our Services or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
- is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, libelous, defamatory, hateful, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property, in our discretion,
- transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
- transmits any harmful or disabling computer codes, files, programs or viruses,
- harvests e-mail addresses or personally identifiable information from Moment or invades the privacy of any person,
- creates a false identity or impersonates another person or entity,
- interferes with our network services or the proper working of the Service or activities conducted on the Service,
- uses manual or automated software or other processes to "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any page of the Service, except as permitted by our robots.txt file as we may update from time to time,
- attempts to gain unauthorized access to our Service including bypassing measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
- promotes, solicits or participates in any multi-level marketing or pyramid schemes,
- exploits children under 18 years of age,
- encourages conduct that would constitute a criminal or civil offense or that advocates the use of illegal drugs,
- that suggests an express or implied affiliation with Moment (without the express written permission of Moment) or that impersonates any person or entity including an employee or representative of Moment, or
- that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
We reserve the right at all times and for any reason or for no reason, in our sole discretion and without notice to you, to deny you access to and use of any of our Services. You will promptly notify us of any complaints or objections to your use of the Services made by any Operator or third party.
You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; and (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services.
8. Transactions and Payment Processing
For each Transaction, we shall: (i) provide a website on which Customers can review and consider multiple Operators for potential aircraft charter reservations; (ii) facilitate the execution of such contract between the Customer and such Customer’s chosen Operator; and (iii) receive payment for the applicable travel from the Customer and transmit it to the applicable Operator in accordance with the terms of a separate agreement between Moment and such Operator.
You must pay for each charter aircraft travel reservation in full compliance with any payment instructions (including as to timing of such payment) you receive from us via the Services. You agree to provide accurate, complete, and updated payment information. You consent to Moment and its third party payment processor authorizing or reserving a charge on, and charging, your payment card or other payment method for any amount up to the full price of the charter aircraft travel you have reserved, plus any payment administration fees. You agree to have sufficient funds or credit available at the completion of the such exchange to ensure that the payment will be collectible.
You are responsible for all taxes, whether sales, use, income or otherwise, that arise out of your use of the Services. We recommend consulting with a tax adviser as to whether any transaction on our Service is taxable.
9. Refund Policy
(a) Customer Cancellation. In the event that a Customer cancels a private aircraft reservation with an Operator prior to commencing travel, such Operator shall immediately notify us of the applicable terms of such Operator’s contract with the applicable Customer and we shall refund or refuse to refund the Customer’s payment in accordance with such terms.
(b) Operator Cancellation. In the event that an Operator fulfills only a portion of its private aircraft reservation with a Customer for any reason (including, but not limited to, weather, aircraft maintenance or pilot availability) prior to completion of the itinerary set forth in the contract between the applicable Customer and the Operator, the Operator shall notify us of the applicable terms of the Customer’s contract with such Operator and we shall refund the Customer any portion of the processed payment owed to the Customer in accordance with such terms.
10. Moment Moderation of User Conduct
Moment does not oversee the performance or punctuality of Transactions. Each Customer and Operator guarantees his or her ability to deliver on Transactions initiated by such Customer or Operator. You are solely responsible for your interaction with or reliance on any user and their conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
Except as expressly set forth in Section 9, Moment is under no obligation to become involved in disputes between users arising in connection with our Services. This includes, but is not limited to, the performance of charter aircraft travel itineraries and any other terms, conditions, warranties or representations associated with making such travel available via our Services.
Moment reserves the right to reject, cancel, interrupt, remove or suspend an offering of charter aircraft travel services by an Operator, or an expression of interest in such services by a Customer, at any time and for any reason. Moment is not liable for any damages as a result of any of those actions. Our policy is not to comment on the reasons for any of such actions.
Moment has the right, but not the obligation, to regulate Content posted to, stored on or transmitted via Moment by any Customer or Operator (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of the Services) by any Customer or Operator (or any other third party in any manner); and to enforce these Terms, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Moment action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms by any Customer, Operator or any other party does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Terms.
You also understand and agree that any action or inaction by Moment or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Moment Representatives") to prevent, restrict, redress or regulate Content, or to implement other enforcement measures against any Content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither Moment nor any Moment Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate Content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.
11. Intellectual Property Rights
We and our licensors own and retain all proprietary rights in our Services. Our Services (or any portion thereof) may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Moment. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of our Services, or modify, translate or otherwise create derivative works of any part of our Services. Any modification of Content created by Moment, or any portion thereof, or use of such Content for any purpose other than the transaction of charter aircraft travel via the Services, constitutes an infringement of trademark or other proprietary rights of Moment or third parties, and any unauthorized use terminates the permission to use our Services granted by Moment.
All Content included on our Services is the property of Moment or its licensors or Content/software suppliers and protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Moment and protected by U.S. and international copyright laws. All software used on this site is the property of Moment or its software suppliers and protected by United States and international copyright laws.
The marks appearing on this Service, including but not limited to Moment and any respective logos, emblems, slogans and designs, are trademarks of Moment. All other marks used on this Service are the property of their respective owners.
12. Notice and Take Down Procedures
If you believe any Content on our Services infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Moment’s copyright agent (identified below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed;
- A statement from the copyright holder or authorized representative that the content is believed to be infringing;
- Sufficient information about the location of the allegedly infringing content so that Moment can find and verify its existence;
- Your name, telephone number and e-mail address;
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Moment’s agent for notice of copyright issues on the Service can be reached as follows:
Moment Copyright Agent
PO Box 732
San Mateo, California 94401
If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.
13. Linking to Third Party Websites
For your convenience, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, Moment does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which our Services may provide a link. By using our Services you acknowledge and agree that Moment will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and terms of service to understand your rights and responsibilities.
Prices and availability of charter aircraft travel services made available by third parties via the Service are subject to change without notice. Errors will be corrected where discovered, and Moment reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and you have been charged.
You agree to indemnify and hold Moment, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of or related to: (i) your Content; (ii) your Account; (iii) your use of our Services; (iv) your violation of these Terms; (v) any claim that Moment is an agent operating on your behalf with respect to a Transaction; (vi) any contract formed between you and any Operator via our Services; or (vii) any act or omission by you while traveling pursuant to a contract formed between you and any Operator via our Services. This indemnification obligation will survive these Terms and your use of our Services.
15. Disclaimer & Limitation of Liability
THE SERVICE IS PROVIDED BY MOMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR TITLE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MOMENT CONTENT, USER-GENERATED CONTENT OR THIRD PARTY CONTENT ON OUR SERVICES, OR THE INFORMATION OR TRAVEL-RELATED SERVICES OFFERED VIA OUR SERVICES, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING SENTENCE, IN NO EVENT SHALL MOMENT BE LIABLE TO YOU IN CONNECTION WITH ANY MOMENT SERVER FAILURE OR DELAY, ANY FLAW IN THE SOURCE CODE UNDERLYING THE SERVICES, ANY BREACH OF THE SECURITY OF THE SERVICES OR OF ANY MOMENT SERVER, OR ANY FRAUD OR FAILURE TO PAY AN APPLICABLE CUSTOMER OR OPERATOR UNDER ANY CONTRACT TRANSACTED THROUGH THE SERVICES, WHETHER OR NOT SUCH CONTRACT IS A TRANSACTION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES ARE TO BE USED AS A TOOL TO ASSIST YOU IN TRANSACTING AIRCRAFT CHARTERS, BUT THAT THE SERVICES ARE NOT A SUBSTITUTE FOR YOUR COMMERCIAL JUDGMENT, EXPERIENCE OR INTUITION. YOU UNDERSTAND THAT IN ALL TRANSACTIONS, MOMENT IS THE CUSTOMER’S AGENT. YOU EXPRESSLY AGREE THAT MOMENT IS NOT A DIRECT OR INDIRECT AIR CARRIER OR OPERATOR WITHIN THE MEANING OF ANY APPLICABLE LAW, NOR DOES MOMENT HOLD ECONOMIC AUTHORITY FROM THE U.S. DEPARTMENT OF TRANSPORTATION.
THE SERVICES MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES. MOMENT DOES NOT ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MOMENT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MOMENT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID MOMENT IN CONNECTION WITH THE TRANSACTION THAT GAVE RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING SUCH CLAIM, LESS ANY AMOUNTS SUBSEQUENTLY PAID TO THE APPLICABLE OPERATOR BY MOMENT IN CONNECTION WITH SUCH TRANSACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): MOMENT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE.
Moment may, in its sole discretion, terminate or suspend your access to all or part of our Services, for any reason, including without limitation your breach of these Terms. In the event that you are unsatisfied with our Services, you may terminate your Account, which will terminate these Terms. In the event these Terms are terminated, the following Sections shall survive in accordance with their terms: 5, 8, 9, 11, 12, 14, 15, 16, 17, 18 and 19.
17. Jurisdiction, Assignment, Governing Law and Severability
Moment operates our Services from our offices in the United States. Moment makes no representations or warranties that content and materials on our Services are legal or appropriate for use from outside the United States. If you choose to access our Services from other locations, you do so at your own risk and are responsible for compliance with any and all local laws, including without limitation laws relating to data privacy, and you hereby consent to the transfer of your personally identifiable information to the United States of America. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Moment’s prior written consent. Moment may assign, transfer or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding the conflicts of laws provisions thereof. Subject to Section 18, any action brought to enforce these Terms or matters related to the Service will be brought in either the state or federal courts of the State of California. Any claim or cause of action you have with respect to use of our Services must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Moment concerning your use of the Service.
18. Agreement to Arbitrate
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Moment Account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Moment Arbitration Opt-out, PO Box 732, San Mateo, California 94401.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Services, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 16, this Arbitration section will survive the termination of your relationship with us.
19. Restricted Persons
You hereby warrant to us that you are not a Restricted Person. For purposes of these Terms, you are a "Restricted Person" if you are: (1) a national of or an entity existing under the laws of Iran, Sudan, Syria or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) controlled or acting on behalf of a Restricted Person. If you become a Restricted Person at any time after you begin using the Services, you shall notify us within twenty-four (24) hours and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to us. You agree that you shall not use the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws or regulations of the United States or any other applicable country.
20. How To Contact Us
Should you have any questions regarding these Terms, please contact us at Moment, PO Box 732, San Mateo, California 94401, USA or email email@example.com.