Terms of Use

Moore Media Terms of Use

Thank you for subscribing to one or more of our products (the “Product”), which is owned and provided by Moore Media, LLC (including its affiliates, “Moore,” “we” or “us”). Your use and access of the Product and the services offered through any Moore website is governed by and subject to the following terms and conditions (these “Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy found at http://mooremediaonline.com/privacy-policy/, incorporated herein by reference, do not use the Product, or any services offered through the Product. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS PRODUCT YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, ON BEHALF OF YOURSELF, AS APPLICABLE, AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY, ON BEHALF YOURSELF, TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS PRODUCT.

Services Provided

Moore is an AI-based platform providing targeted advertisements and tailored messages, depending on the chosen Product, to customers for subscribing entities.

Access to certain portions of the Product, our websites is restricted to registered subscribers of our Products. As part of our registration process, you must provide us with a valid email address and telephone number. We need this information so that we can verify your identity, and make the applicable services available to you for your chosen Product. This information will only be used by us as permitted by these Terms and the Privacy Policy.

Registration and Security

When you register, you may be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Product through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not access the Product on public computers. We also recommend that you do not store your password through your web browser or other software.

Information Provided by You and Privacy

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, account numbers, and applicable business information. Changes can be made in your subscriber profile. You are solely responsible for the accuracy and completeness of your information. By creating an account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Product. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your profile will be established and maintained for you as a registered subscriber of the Product to enter, store, and access your information online. All of the information contained in your profile will be maintained in accordance with these Terms and our Privacy Policy. You agree to provide accurate and complete information for your profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

Limitations on Use

The Product may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Product. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Product:

(a) upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

(b) upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(d) knowingly include or use any false or inaccurate information in any profile;

(e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Product, or interfere with the access of any other subscriber to the Product;

(f) circumvent, disable, or otherwise interfere with security-related features of the Product or features that prevent or restrict use or copying of any content;

(g) attempt to probe, scan or test the vulnerability of any Moore system or network or breach or impair or circumvent any security or authentication measures protecting the Product;

(h) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Product;

(i) use the Product in any way that competes with us; or

(j) encourage or instruct any other person or entity to do any of the foregoing.

Termination, Modification and Survival

We are continually evolving and innovating the Product and Moore websites. We may change the Product, our websites, the content we offer, and the information you may access at any time. We may discontinue offering the Product or our websites and we may suspend or terminate your right to use the Product or our websites at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, we will have no further obligation to you or to provide the Product, except to the extent we have agreed in writing to provide you access to your information, as applicable.

Upon termination of your right to use the Product, our websites or our termination of the Product or our websites, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. If there is any conflict between these Terms and your Product subscription terms, the Product subscription terms will control. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.

Intellectual Property

The Product, our websites and all information and/or content that you see, hear, or otherwise experience in your use of the Product (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Product, our websites, or our Content by your use of the Product or our websites. When you use our Product or our websites you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Product and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Product or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by us, the Product is only permitted to be used within the United States of America.

Third-Party Links and Resources

We may make available, on our websites and as part of the Product, links to third-party websites or resources from third parties on our websites. We are not responsible or liable for the availability or accuracy of, and we do not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on our websites or through the Product, you must look solely to the third-party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

Disclaimer of Representations and Warranties

Your use of the Product and Content is at your sole discretion and risk. The Product and Content, and all materials, information and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE PRODUCT AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE PRODUCT OR THAT THE PRODUCT WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE PRODUCT OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR PRODUCT AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE PRODUCT OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnification

You will indemnify, defend, and hold harmless us, our licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) your access to or use of the Product, our websites or the Content;

(b) your violation of any of the provisions of these Terms;

(c) any activity related to your account by you or any other person accessing the Product or our websites through your account, including, without limitation, negligent or wrongful conduct; or

(d) your violation of any third-party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT WILL WE OR ANY APPLICABLE LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS, OUR WEBSITES, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE PRODUCT, OUR WEBSITES, THE CONTENT, OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCT, OUR WEBSITES, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Waiver of Jury Trial and Class Action

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Reliance on Information Posted

The information presented on or through our websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our websites, or by anyone who may be informed of any of its contents. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Errors and Inaccuracies

The information on our websites, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected.

Entire Agreement

These Terms constitute the entire agreement between you and us relating to our Product, our websites and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Product, our websites, or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Product, the websites, or the Content, the signed written agreement will control.

Third-Party Beneficiaries

Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.

Waiver and Severability

The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.

Governing Law, Jurisdiction and Venue

THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN DAVIDSON COUNTY, TENNESSEE. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

Geographic Restrictions

The owner of the Product is based in the State of Tennessee in the United States. We provide this Product for use only by persons located in the United States. We make no claims that the Product or any of its content is accessible or appropriate outside of the United States. Access to the Product may not be legal by certain persons or in certain countries. If you access the Product from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You agree that these Terms will not be construed against Moore by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Modification of Terms

We reserve the right to change these Terms at any time in our sole discretion. Any changes that we make will become a part of our agreement with you when they are posted to our website or delivered to you either by mail or electronically. Your continued use of our Product or our websites will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

Contact Us

We encourage you to contact us at info@mooremediaonline.com if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is:

Moore Media, LLC

750 Old Hickory Blvd.

Brentwood Commons, Building Two, Suite 180

Brentwood, TN 37027

Last Revised: 9.18.2020