Last Updated: August 28, 2023

• ACCEPTANCE OF THESE TERMS OF USE

  These terms of use are entered into by and between you and Mojo Dialing Solutions, LLC (“Mojo,” “we,” “us,” or “our”). The following terms and conditions, together with any documents such terms and conditions expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Mojo’s website and applications, including any content, functionality, and services offered on or through our website and applications (collectively, our “Website”), whether as a guest or Mojo customer.

  Please read these Terms of Use carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use and our General Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or our General Privacy Policy, you must not access or use our Website.

  Our Website is only offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you are of legal age to form a binding contract with Mojo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.

• CHANGES TO THESE TERMS OF USE

  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website thereafter. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Website so that you are aware of any changes, as they are binding on you.

• ACCESSING OUR WEBSITE & ACCOUNT SECURITY

  We reserve the right to withdraw or amend our Website, including any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if, for any reason all, any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website or our entire Website to either visitors or Mojo account holders.

  You are responsible for both:

  1. Making all arrangements necessary for you to have access to our Website; and
  2. Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

  To access our Website or some of the resources our Website offers, you may be asked to provide certain account registration details or other information. It is a condition of your use of our Website that all the information you provide to us through our Website is correct, current, and complete. You agree that all information you provide to us through our Website or otherwise, including, but not limited to, registering an account with us, is governed by our General Privacy Policy, and you consent to all actions we take with respect to your information consistent with our General Privacy Policy.

  If you choose or are provided with a user name, password, or any other piece of information as part of our security practices and procedures (“Security Information”), you must treat this Security Information as confidential and must not disclose this Security Information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of our Website using your Security Information. You agree to notify us immediately of any unauthorized access to or use of your Security Information or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Security Information or any other personal information.

  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

• INTELLECTUAL PROPERTY RIGHTS

  Our Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively, “Website Material”), are owned by Mojo, its licensors, or other providers of such Website Material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Website Material except as follows:

  1. Your computer may temporarily store copies of such Website Material in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print one copy of a reasonable number of pages of our Website for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications.
  5. If we provide Social Media Features with certain content, you may take such actions as are enabled by such features.

  You must not:

  1. Modify copies of any Website Material.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Website Material.

  If you wish to make any use of our Website Material other than the uses set forth in this section, please e-mail your request to us at privacy@mojosells.com.

  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in violation of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any Website Material is transferred to you, and all rights not expressly granted are reserved by Mojo. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  Trademarks: Mojo and its product and service’s names, trademarks, logos, designs, and slogans (collectively, Mojo’s “Trademarks”) belong solely to Mojo or its affiliates or licensors. You must not use Mojo’s Trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

• PROHIBITED USES OF OUR WEBSITE

  You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

  1. In any way that violates any applicable federal, state, local or international law, or regulation including, but not limited to, the Telephone Consumer Protection Act of 1991 (“TCPA”) and the Telemarketing Sales Rule (“TSR”).
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth in Section VIII in these Terms of Use.
  4. To impersonate or attempt to impersonate Mojo, a Mojo employee, another Website visitor or account holder, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm Mojo or visitors or account holders of our Website, or expose them to liability.

  Additionally, you agree not to:

  1. Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website.
  2. Use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including, but not limited to, for the purpose of monitoring or copying any of our Website Material.
  3. Use any manual process to monitor or copy any of our Website Material, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of our Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or any other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.
  7. Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of our Website.
• USER CONTRIBUTIONS

  The Website may contain message boards, forums, and other interactive features (collectively, the “Interactive Services”) that allow Website users to post, submit, publish, display, or transmit to other Website users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Website.

  All User Contributions must comply with the Content Standards set out in Section VIII in these Terms of Use.

  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

  You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your User Contributions do and will comply with these Terms of Use.

  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Mojo, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website.

• MONITORING & ENFORCEMENT; TERMINATION

  We have the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards set out in Section VIII, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public, or could create liability for Mojo.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.
  5. Terminate or suspend your access to all or part of our Website for any or no reason, including without limitation, any violation of these Terms of Use.

  Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS MOJO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  Please note that we do not undertake to review all material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Mojo has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• CONTENT STANDARDS

  These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our General Privacy Policy.
  5. Be likely to deceive any person.
  6. Promote any illegal activity or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety, or otherwise be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  9. Give the impression that such User Contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.
• COPYRIGHT INFRINGEMENT

  If you believe that any User Contributions violate your copyright, please notify us of such copyright infringement by e-mailing us at privacy@mojosells.com.

• RELIANCE ON INFORMATION POSTED

  The information presented on or through our Website 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, any other visitor to our Website, or by anyone who may be informed of any of the contents of such materials.

  Our Website may include content provided by third parties, including content provided by other users and our business partners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mojo, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mojo. 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.

• CHANGES TO OUR WEBSITE

  We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out-of-date at any given time, and we are under no obligation to update such material.

• INFORMATION ABOUT YOU & YOUR VISITS TO OUR WEBSITE

  Any information we collect on our Website is subject to our General Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with our General Privacy Policy.

• ONLINE PURCHASES & OTHER TERMS AND CONDITIONS

  Your account with Mojo and any purchase or use of Mojo’s products and/or services are governed by our Customer Terms and Conditions, which are hereby incorporated into these Terms of Use.

• LINKING TO OUR WEBSITE

  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Additionally, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause our Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  3. Link to any part of our Website other than the homepage.
  4. Take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms of Use.

  The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set forth in Section VIII in these Terms of Use.

  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable any links at any time without notice in our discretion.

• LINKING FROM OUR WEBSITE

  If our Website contains links to other sites and resources provided by third parties, including links contained in advertisements and sponsored links, such links are provided for your convenience only. We have no control over the contents of these sites or resources, and accept no responsibility for such sites or resources or for any loss or damage that may arise from your use therefrom. If you decide to access any of the third party sites and resources linked with this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.

• GEOGRAPHIC RESTRICTIONS

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

• DISCLAIMER OF WARRANTIES

  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

  YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOJO NOR ANY PERSON ASSOCIATED WITH MOJO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MOJO NOR ANYONE ASSOCIATED WITH MOJO REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

  MOJO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• LIMITATION ON LIABILITY

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOJO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• INDEMNIFICATION

  You agree to defend, indemnify, and hold harmless Mojo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses ,or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Website.

• DISPUTE RESOLUTION
  • Mandatory Arbitration. Any controversy or claim arising out of or relating to this Agreement (including but not limited to breach thereof, or arising out of or relating to your use of our Website, Products, or Services) shall be settled by arbitration administered by the American Arbitration Association (“AAA”), applying New Hampshire state law, in accordance with the AAA’s Commercial Rules, and judgment of the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
• WAIVER AND SEVERABILITY

  No waiver of by Mojo of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mojo to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

• ENTIRE AGREEMENT

  These Terms of Use, our General Privacy Policy, and our Customer Terms and Conditions constitute the sole and entire agreement between you and Mojo with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Website.

• YOUR COMMENTS AND CONCERNS

  This Website is operated by Mojo Dialing Solutions, LLC.

  Any feedback, comments, requests for technical support, and other communications relating to our Website should be directed to privacy@mojosells.com.