Supermojo will try to buy this NFT on the blockchain. You’ll only be charged if we’re successful.
Here’s the full legal document explaining our product and services:
Terms shall control solely with respect to such features of the Services.
BY CLICKING ‘I AGREE’ OR ‘ACCEPT’ OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, SO PLEASE READ IT CAREFULLY PRIOR TO DOING SO. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. We strongly recommend that you frequently review this Agreement to ensure that you understand it and how it applies to your access to and use of the Services.
Supermojo reserves the right to amend this Agreement at its sole discretion, without your consent. This Agreement may be amended by Supermojo by Supermojo providing notice of the amendment (i) by email to the email account used to create your Account; (ii) by posting a new version hereof to the Services; or (iii) by your accepting a revised version of this Agreement at an Account login. Where you have accepted the amendment or where the amendment is required by a change in applicable law or regulation, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment will take effect as of when this Agreement is updated or the notice contemplated above has been sent, otherwise, the amendment will take effect if you do not close your Account within thirty (30) days following the notice contemplated above. If you do not agree with a proposed or actual amendment to this Agreement, your sole remedy is to discontinue use of the Services and close your Account.
Supermojo’s Services are not offered or made available to everyone. User is prohibited from accessing or using the Services unless the User: (i) has accepted this Agreement; (ii) is located and domiciled in an Approved Region (as defined below); (iii) is eighteen (18) years of age or older [OR a parent or guardian has provided express consent for User to use the Services]; (iv) is not a Prohibited User (as defined below); and (v) is not otherwise prohibited from using the Services. Persons under thirteen (13) years of age are not permitted to use the Services, even if they have parental consent. “Approved Region” means the United States and those places listed in Exhibit A to this Agreement. Supermojo reserves the right to add or remove Approved Regions at its sole discretion.
The Services are not offered or made available in all jurisdictions. Supermojo may implement controls to restrict access to the Services from any jurisdiction from which use of the Services is prohibited. You will comply with such restrictions, even if the methods imposed by Supermojo to prevent the use of the Services are not effective or can be bypassed
The following individuals, corporations, limited liability companies, partnerships, joint ventures, trusts, unincorporated organizations, or governments or any agencies or political subdivisions thereof (each, a “Person”) are prohibited from using the Services (each, a “Prohibited User”): (i) Persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), United States Commerce Department’s Denied Persons or other similar lists; (ii) Persons who are nationals or residents of Cuba, Iran, North Korea, Sudan, Syria or any other country, territory, or other jurisdiction that is embargoed by the United States; (iii) Persons (and their affiliates) who have been subject to an Account termination for cause; and (iv) Persons that are not individual natural persons, unless such Persons pass additional “know your customer” requirements as requested by Supermojo. If User is an entity and not an individual person, please contact email@example.com.
You are prohibited from accessing or using the Services in, from or through a location where your use of the Services would violate any domestic or foreign, federal, state, provincial or local statute, law, ordinance, rule, administrative interpretation, regulation, order, writ, injunction, judgment, decree or other requirement of any regulatory authority which is legally binding and applicable to you (“Applicable Law”). You represent and warrant that you are not a citizen or resident of any such jurisdiction, nor will you use the Services while located in any such jurisdiction.
Supermojo’s Services our facilitate the purchase, storage, and transfer of certain one-of-a-kind, non-fungible, cryptographic tokens (representing a unique digital asset for which there is no copy or substitute) that we (in our sole discretion) elect to support from time (“Supported Digital Goods”).
Following your acceptance of this Agreement, Supermojo will give you a unique digital account (an “Account”) created and hosted by Supermojo that will serve as a record of your use of the Services, including any transactions in Supported Digital Goods you make through the Services.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information, including your e-mail address and a valid payment method (such as a credit card). You agree to provide Supermojo with any information we reasonably request for purposes of identity verification and the detection of money laundering, fraud or other criminal activities. You also may need to complete certain verification procedures before you may be permitted to use the Services or certain features of the Services. Upon Supermojo’s verification of the information you submit, including your payment method, you will be authorized to use the Services to purchase Supported Digital Goods.
It is a condition of your use of the Services that all the information you provide is correct, current, and complete. Supermojo reserves the right to terminate this Agreement or suspend your access to the Services or certain features of the Services immediately on determining that any information you provide to us is false, inaccurate, misleading or out of date.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it 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 the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password 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 password or 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 the User Agreement.
You assume exclusive responsibility for all transactions and other activities that occur in your Account and through the Services and you accept all risks of any unauthorized access to your Account, to the maximum extent permitted by law.
On sign-up for the Services and at other times throughout the term of this Agreement, as a condition to accessing the Services, User shall provide requested information (“User KYC Information”) to Supermojo for purposes of verifying User identity, implementing the requirements of Supermojo’s anti-money laundering program and monitoring the User, Account and transactions for suspicious activity. These identity verifications and screening procedures may include, but are not limited to, detection of money laundering, terrorist financing, fraud, or any other financial crime, checking the information you provide against any list maintained by any United States governmental authority or any other regulatory authority having jurisdiction under Applicable Law prohibiting or limiting business activities with any Person.
User authorizes Supermojo to, directly or through third parties, make inquiries and take any other actions Supermojo deems reasonably necessary to verify User identity, and the information User has provided. User acknowledges and agrees that such inquiries will result in User KYC Information being disclosed to credit reference and fraud prevention or financial crime agencies and services.
Upon creating an Account, a digital wallet set up by us or our service providers (a “Supermojo Wallet”) may be linked to your Account. When you use the Services to purchase a Supported Digital Good, you agree and understand that Supermojo will (a) purchase the Supported Digital Good, (b) charge your chosen payment method and (c) upon receiving the applicable funds from you, deliver (or cause to be delivered) the purchased Supported Digital Good to your Supermojo Wallet. Once Supermojo completes the purchase of the Supported Digital Good, Supermojo will settle the applicable payment with the seller of the Supported Digital Good.
We may provide functionalities via the Services that enable you to transfer Supported Digital Goods purchased through the Services from your Supermojo Wallet to a non-custodial wallet (e.g. a Metamask wallet) (a “User External Wallet”). We accept no liability or responsibility for any such transfer, including for any loss, data corruption or other negative impact that may occur to your Supported Digital Goods purchased via the Services when attempting to transfer assets between wallets.
Supported Digital Goods in a Supermojo Wallet can only be used in connection with Services and not for any transactions outside of the Services. If User wishes to use their Supported Digital Goods for activities other than the NServices, User must first transfer them to a User External Wallet.
User must not transfer any assets that are not Supported Digital Goods (“Unsupported Assets”) to a Supermojo Wallet, as indicated in the Services and the Account. If User transfers any Unsupported Assets to a Supermojo Wallet, such Unsupported Assets may be permanently lost; a loss for which Supermojo will not be liable.
By using a User External Wallet in connection with the Services, you agree that you are using such User External Wallet under the terms and conditions of the applicable providers of such User External Wallet. For example, for the Metamask wallet, those terms and conditions are available at https://metamask.io/terms.html. User External Wallets are not associated with, maintained by or affiliated with us. You are solely responsible for keeping your User External Wallet and any private keys necessary to decrypt your User External Wallet secure. We have no ability to help you access or recover your private keys for your User External Wallet. We accept no responsibility or liability to you in connection with your use of a User External Wallet, and we make no representations or warranties regarding how the Services will operate with any specific User External Wallet.
User represents that any User External Wallet used by User to withdraw Supported Digital Goods from the Supermojo Wallet is owned and controlled exclusively and directly by User and no other Person. Supermojo reserves the right to put a hold on withdrawals from the Supermojo Wallet where Supermojo is not satisfied, in its sole discretion, that the foregoing representation is true.
The Services allow Users to engage in a variety of transactions related to Supported Digital Goods (“Transactions”).
Transactions are subject to the following rules and disclaimers, without limitation:
Supermojo does not support transactions that you attempt involving Unsupported Assets or transactions that use an unsupported Underlying Network.
User has the exclusive responsibility to ensure that their Transactions are carried out: (i) in compliance with Supermojo requirements set out herein and in the Account; (ii) in compliance with any applicable third-party requirements; and (iii) using addresses and information that are true, correct, and free of error.
Supermojo may deem any Transaction performed in violation of any of the foregoing to be void ab initio.
If you fail to adhere to the terms of this Agreement (including, without limitation, the foregoing rules), you understand and agree as follows: (i) that such failure may result in the permanent loss of your Supported Digital Goods (for which Supermojo shall have no liability); and (ii) that Supermojo reserves the right to confiscate any Supported Digital Goods purchased or acquired in a manner not expressly permitted by this Agreement, without notice or liability to you.
Your use of the Services is subject to transaction limits (based on total USD amount) set by Supermojo. If you have any questions about the limits, please contact Supermojo at firstname.lastname@example.org.
Generally, Supermojo does not offer any refunds to Users of Services.
However, if Supermojo cannot complete your purchase of a Supported Digital Good for any reason (including price movement, market latency, or order size), Supermojo will reject the order and notify you of such rejection. In the event a Transaction cannot be completed, (i) If your card has not been charged, Supermojo will authorize a release of any hold on your card in connection with a rejected order; and (ii) if your card has already been charged, Supermojo will initiate a refund to your card. You will not be irrevocably charged for a rejected Transaction unless it is due to your breach of this Agreement or agreement with the provider of your payment method.
Other than the foregoing, all transactions for the purchase of Supported Digital Goods through the Services are permanent and non-reversible. If you believe a transaction was conducted fraudulently, please alert your bank or card issuer, as applicable, and follow their instructions.
Supermojo charges: (i) a processing fee, which is disclosed to you prior to each transaction; and (ii) a transfer fee (variable depending on the blockchain gas fees), which is disclosed to you prior to each request to transfer a Supported Digital Good from your Supermojo Wallet.
Before completing any Transaction on your behalf through the Services, Supermojo will obtain your agreement to pay by disclosing the terms and conditions applicable to that Transaction and securing your affirmative consent to those terms for that Transaction.
Your financial institution or User External Wallet provider may also impose a fee in connection with Transactions. Supermojo is not responsible for any fees charged by a third party.
Supermojo may make third party products or services available via the Site or otherwise through the Services. Such third parties may charge fees for their services. Supermojo is not responsible for the fees charged by any such third parties.
Underlying Networks charge network fees. These fees are often required to cover the transaction costs on virtual currency networks and may apply to transactions involving Supported Digital Goods. Unless indicated otherwise in your Account or elsewhere in the Services, you are solely responsible for paying all network fees. Supermojo will not advance or fund network fees on your behalf, and will not be responsible if the network fee paid is insufficient or excessive.
A User may use the Services for only good faith Transactions for User’s own purposes and not on behalf of third parties. User may not use the Services to, directly or indirectly, assist in any activity that is illegal in the United States or the jurisdiction of User, or use the Services in the operation of or the direct or indirect facilitation of any of the following (each a “Prohibited Activity”):
Supermojo reserves the right to add or remove Prohibited Activities at its sole discretion.
SUPERMOJO FACILITATES TRANSACTIONS OF SUPPORTED DIGITAL GOODS ON BEHALF OF USERS IN CONNECTION WITH THE PURCHASE, STORAGE, AND SALE OF SUCH SUPPORTED DIGITAL GOODS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE SERVICES TO PURCHASE A SUPPORTED DIGITAL GOOD, SUPERMOJO WILL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR OR RELATING TO ANY DISPUTES BETWEEN YOU AND THE PLATFORM OR THIRD-PARTY SELLER ORIGINALLY OFFERING SUCH SUPPORTED DIGITAL GOOD (THE “ORIGINAL OFFEROR”) OR ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS EMBODIED THEREBY OR INCLUDED THEREWITH.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF THE SUPPORTED DIGITAL GOODS YOU PURCHASE THROUGH THE SERVICEs OR ANY CLAIMS MADE BY ANY ORIGINAL OFFEROR OF SUCH SUPPORTED DIGITAL GOODS. NOTWITHSTANDING ANYTHING SET FORTH HEREIN OR THROUGH THE SERVICES, SUPERMOJO MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF SUPPORTED DIGITAL GOODS THAT YOU MAY PURCHASE THROUGH THE SERVICES. OR ANY CLAIMS MADE BY ANY ORIGINAL OFFEROR OF SUCH SUPPORTED DIGITAL GOODS.
You acknowledge and agree that there are inherent risks associated with Supported Digital Goods and that such risks extend to your use of the Services. These risks include, but are not limited to:
User shall carry out their own independent analysis and assessment of the risks specific to the Supported Digital Goods and the Services.
You expressly assume all risks inherent in the Services and related Supported Digital Goods including, but not limited to, those described above.
You acknowledge that a Supported Digital Good has no inherent value nor does Supermojo or any third party promise that a Supported Digital Good has or will ever have any specific value. Transactions can take time to be confirmed and may, in some cases, not be completed. For example, if you initiate a withdrawal Transaction to send a Supported Digital Good to a User External Wallet and you provide an incorrect or incomplete address, the withdrawn Supported Digital Goods may be lost and may not be recoverable. If you attempt to send or receive Supported Digital Goods that are not supported by the Services, the Supported Digital Good may be lost entirely and may not be recoverable. In no event will Supermojo be liable to you or to any third party for any of the foregoing.
You understand and accept that Supermojo’s decision to support any particular Supported Digital Good via its Services is not an endorsement or approval of the Supported Digital Good’s value, security, operation, or underlying technology. Supemojo’s decision to support any individual Supported Digital Good does not reduce any risks associated with the Supported Digital Good. Supermojo does not make any warranty about the suitability of any Supported Digital Good for ownership or trading.
You acknowledge and agree that Supermojo retains the right, in its sole discretion, to determine whether to support, or not support, certain Supported Digital Goods to be used in conjunction with the Services. Supermojo may discontinue or terminate support for any Supported Digital at any time, for any or no reason. Supermojo will make reasonable efforts to provide advance notification of any termination or discontinuation of support of a Supported Digital Good. If you do not transfer a Supported Digital Good out of your Supermojo Wallet by the date specified in such advance notice, the Supported Digital Good may be lost. Supermojo will not be liable to you for any losses, liability, or expenses related to any discontinuation or termination of support of any Supported Digital Goods.
THE SERVICES ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. SUEPRMOJO EXPRESSLY DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, SITE, SERVICES OR THE INFORMATION CONTAINED THEREIN OR ANY ASPECT OF ANY SERVICE CONTAINED THEREON.
YOU ACKNOWLEDGE THAT INFORMATION AND SUPPORTED DIGITAL GOODS YOU STORE OR TRANSFER USING OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED, OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES INCLUDING, BUT NOT LIMITED TO, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD PARTY DOS ATTACKS, SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, SCHEDULED OR UNSCHEDULED DOWNTIME OR MAINTENANCE, COMPUTER OR HUMAN ERROR, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES AND RECORDS OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS; THEREFORE, SOME OR ALL OF THE DISCLAIMER OF IMPLIED WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SUPERMOJO, ITS AFFILIATES OR SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, JOINT VENTURERS, OR REPRESENTATIVES, BE LIABLE FOR: (I) ANY AMOUNTS GREATER THAN THE VALUE OF THE FEES PAID BY YOU TO SUPERMOJO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY; (II) ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SUPERMOJO, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN SERVICES OPERATION OR TRANSMISSION; (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT; OR (IV) ANY LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUPERMOJO HAS BEEN ADVISED OF, OR KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IF USER HAS SUPPORTED DIGITAL GOODS IN THE SUPERMOJO WALLET, AND USER WISHES TO WITHDRAW THE SUPPORTED DIGITAL GOODS TO A USER EXTERNAL WALLET, THE FOREGOING LIMITATION ON SUPERMOJO LIABILITY MAY NOT SERVE TO LIMIT SUPERMOJO’S OBLIGATION TO SETTLE SUCH SUPPORTED DIGITAL GOODS TO USER EXTERNAL WALLETS OF THE USER PROVIDED THAT SUPERMOJO MAY UNDO ANY TRANSFER OR PREVENT THE TRANSFER OF ANY SUPPORTED DIGITAL GOOD AS PROVIDED FOR IN THIS AGREEMENT.
SUPERMOJO WILL HAVE NO LIABILITY FOR ANY DECREASE OR INCREASE IN VALUE OF ANY SUPPORTED DIGITAL GOOD AS USER ACKNOWLEDGES AND AGREES THAT THEY HAVE NO INTRINSIC VALUE AND PURCHASES OF SUPPORTED DIGITAL GOODSS ARE STRICTLY FOR ENTERTAINMENT PURPOSES AND NOT FOR SPECULATION OR INVESTMENT PURPOSES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO USER WHERE THEIR APPLICATION IS REDUCED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Supermojo, our officers, directors, shareholders, employees, agents, affiliates, attorneys, suppliers, contractors, representatives and service providers (collectively, “Indemnified Parties”), from any and all claims, demands, actions, lawsuits, proceedings, investigations, liabilities, damages, losses, costs, expenses, fines and penalties including, without limitation, reasonable attorney’s fees, arising out of or related to (i) your breach of this Agreement, (ii) your violation of any Applicable Law, or the rights, including intellectual property rights, of any other person or entity, (iii) your use or misuse of our Services, (iv) your conduct in connection with the use or misuse of our Services, and (v) your negligence, fraud, willful misconduct or misrepresentations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle it, and if so, on what terms.
User agrees to receive all communications, including but not limited to, User Agreement, other applicable policies, updates to the same, statements, reports, invoices, receipts, notices, disclosures, legal or regulatory statements, or documents (collectively, the “Communications”) with respect to User’s Account and User’s use of the Services via electronic delivery.
By consenting to electronic delivery, User authorizes Supermojo to deliver Communications by (i) email notification, or (ii) via SMS or text message to a mobile phone number User has provided, or (iii) by sending User an email message containing a link to, or a notice that directs User to, the Site where the communication or document can be read or printed.
Supermojo shall have no liability and User shall fully indemnify Supermojo for any and all losses, liabilities, costs, expenses, demands, charges and claims of any kind resulting from User’s reliance on email or User’s electronic devices or failures in User’s email systems or electronic devices. If User prefers not to accept these risks, then User should not create an Account or use the Services.
It is the responsibility of User to provide Supermjo with an up to date, true, accurate, and complete email address and to make sure Supermojo emails are not deleted or otherwise missed on account of spam filters.
User’s consent to receipt of electronic statements, reports and other Communications shall be valid until User withdraws such consent by notifying Supermojo in writing, in which case: (i) Supermojo shall provide statements, reports and other Communications on paper; and (ii) Supermojo may suspend or terminate the Account and access to the Services.
Disputes with Supermojo. If a dispute arises between you and Supermojo, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Supermojo through the [Supermojo Help Center] at [email@example.com] to try resolving your problem directly with us.
Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE SERVICEs OR THE SITE.
To the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Site, your use of the Services, a product offered or provided by or through the Site or Services, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Supermojo shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Supermojo will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
CLASS ACTION WAIVER: You and Supermojo each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Supermojo and/or you individually.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Supermojo each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.
RIGHT TO OPT OUT: If you do not want this Section to apply, you must send Supermojo a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing (and not electronically) to Super Mojo, Inc. Attn. “Supermojo Terms of Service Section 6 Opt Out", [1 Ferry Building Suite 201, San Francisco, CA 94111]. You must provide your name, address, and phone number and state that you "opt out" of Section 6 within the Supermojo Terms of Service. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.
User can terminate this Agreement at any time for any reason or for no reason by closing their Account. Prior to termination by User, User shall remove their Supported Digital Goods from their Supermojo Wallet and cause them to be sent to a User External Wallet. Such Transactions on termination may be subject to at least a 30 day fraud-prevention hold term, and such other restrictions as may be necessary to prevent fraud or security breaches.
Supermojo may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.
At any time and in its sole discretion, without prior notice, and without any liability to you, Supermojo may (i) cancel or deactivate User’s Account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. Supermojo is under no obligations to disclose its reason for any termination or suspension of the Service for User or generally.
Supermojo shall not be liable for any losses suffered by User resulting from any suspension or termination of the Services. You agree that your Supported Digital Goods will be impossible to access during a suspension of Services.
In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all Fees and amounts payable to Supermojo by you shall immediately become due, (ii) Supermojo may delete User Data without any liability to User, provided that Supermojo also reserves the right to retain User Data for seven (7) years following termination; and (iii) Supermojo may cancel any Transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services. Supermojo reserves the right to retain aggregated anonymized User Data for longer in order to improve Services, prevent fraud and produce aggregated statistics.
On any termination of the Services or termination of this Agreement, Supermojo will: (i) return all Supported Digital Goods in its possession to User. In order to fulfill this obligation, User must provide Supermojo with a User External Wallet address for each Supported Digital Good, failing which Supermojo will not return Supported Digital Goods to User. If, after reasonable efforts, Supermojo cannot reach User for such purposes then Supported Digital Goods of the User shall be remitted to the relevant governmental agency in the jurisdiction of User. If this Agreement is terminated as a result of material breach hereof by User, User agrees to forego all right title and interest in Supported Digital Goods stored via the Service, and Supermojo reserves the right to confiscate any such Supported Digital Goods without notice or liability to you.
All provisions of this Agreement, and any policies incorporated herein by reference, which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement. Such provisions include, but are not limited to, sections and provisions (i) under “Risks of Supported Digital Goods and Limitations on Our Liability”, (ii) “How We Resolve Dispute with You”, (iii) relating to Account termination or suspension, and (iv) under “Miscellaneous Provisions- Unclaimed Property”, “Miscellaneous Provisions- Property Disputes”, “Miscellaneous Provisions- Governing Law” and “Miscellaneous Provisions- Copyright; intellectual property rights; trademark”.
Supermojo is a hosted software service that helps Users purchase, store and manage Supported Digital Goods.
Supermojo is not registered with the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) or other regulatory authority as a money services business.
Supermojo is not a bank. There is no FDIC insurance on Supported Digital Goods in your Supermojo Wallet.
You may not hold any assets other than Supported Digital Goods in your Supermojo Wallet.
The Services may be unavailable or subject to certain restrictions in certain states or jurisdictions at the sole discretion of Supermojo without prior notice to you and without your consent.
It is your sole responsibility to comply with Applicable Laws related to your use of the Services including, without limitation, to collect and remit any and all taxes, including without limitation sales taxes, that apply to any transactions you have made using the Services. It is your sole responsibility to report and remit the correct tax amount to any and all tax authorities. You acknowledge and agree that Supermojo is not responsible for determining the amount of any taxes you owe, nor is Supermojo responsible for determining if taxes apply to your use of the Services, nor is Supermojo responsible for collecting, reporting, or withholding any taxes arising from your use of the Services. Supermojo reserves the right to collect and remit sales tax in respect of Transactions and the User shall cooperate in such activity by providing the necessary information and forms, each as determined by Supermojo.
If a User Account is inactive for one year, then Supermojo will make an attempt to return any Supported Digital Good balances to the User, but if it is unable to find the User, Supermojo will escheat those Supported Digital Goods to the relevant governmental authorities in the jurisdiction where the User last indicated they were residing within thirty (30) days of the end of such year.
If Supermojo receives notice or allegation that any Supported Digital Goods held in your Supermojo Wallet are stolen or lawfully not yours to possess, Supermojo may, but has no obligation to, place an administrative hold of undetermined length on those Supported Digital Goods or the whole of your Supermojo Wallet or Account. Such hold may include but may not be limited to a suspension of access to the Services. Supermojo will not be liable for any losses incurred by User, or diminished value in Supported Digital Goods that occur in the course of an administrative hold, suspension or termination of access to any portion of or all of the Services in a property dispute. Supermojo retains the right to report illegal or suspicious activity to the appropriate regulatory authorities.
Unless otherwise expressly indicated by us, all copyright and intellectual property rights in all content and materials (including but not limited to our logo, designs, text, graphics, files, videos, and displayed text, collectively “Supermojo Materials”) contained on our Site or affiliate sites provided in connection with our Services are the proprietary property of Supermojo, or our suppliers, licensors, or third party affiliates, and are protected by U.S. and international property laws.
We grant you a limited, non-exclusive, non-sublicensable license to access and use the Supermojo Materials for your personal use. Such license does not permit the: (i) distribution of Supermojo Materials, (ii) resale of Supermojo Materials, (iii) making derivative works of Supermojo Materials, or (iv) decompilation, disassembling, reverse engineering, or any other attempt to discover the source code of the Site, Services, or Supermojo Materials. This license shall automatically terminate if your access to the Services is suspended or terminated by us. “Supermojo”, “Super Mojo, Inc.”, any product or service names, logos, and other marks used on the Site or in Supermojo Materials, or that we otherwise use in connection with the Services are trademarks owned by Supermojoand our licensors. Without our prior written consent, you may not copy, imitate, or use Supermojo trademarks.
We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of others. If you knowingly misrepresent that any activity or Supermojo Materials are infringing on the intellectual property rights of another party, you may be liable to Supermojo for certain costs or damages.
Supermojo will own and have exclusive rights (including but not limited to intellectual property rights) to any feedback, ideas, suggestions, or other materials or information that you provide through chat, email, posting through our Service, or otherwise (“Feedback”). You acknowledge and agree that any Feedback you submit is not confidential. You shall not be entitled to, and hereby waive any claim for, acknowledgement or compensation related to any Feedback you provide. You grant Supermojo the right to unrestricted use and dissemination of any Feedback you provide, without acknowledgement or compensation to you.
You hereby grant Supermojo a royalty free, irrevocable, perpetual, and exclusive worldwide license to use, copy, modify, display, publish, or distribute, in any form, any text, images, data, or materials or other content that you provide to Supermojo using the Services, or submit, post, or otherwise send to Supermojo that is not Feedback (the “User Content”). Supermojo may remove any User Content from the Site or the Services at any time for any or no reason.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be as set forth in Section 6, or if arbitration does not apply, then the state and federal courts located in San Francisco County, California.
This Agreement and any policies incorporated herein by reference shall be deemed severable. The invalidity or unenforceability of any of the terms or provisions of this Agreement, and any policies incorporated herein by reference, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such terms or provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other terms or provisions of this Agreement. Each term and provision of this Agreement and any policies incorporated herein by reference shall be valid and enforceable to the fullest extent permitted by law.
Supermojo may assign any of its rights or obligations under this Agreement without your consent and without prior notice to you. You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Supermojo, which may be withheld in Supermojo’s sole discretion. Any actual or attempted assignment hereof by User contrary to the terms of this Agreement shall be null and void. In the event that Supermojo is acquired by, sold to, or merged with a third party entity, Supermojo reserves the right to transfer or assign all User Data as part of such merger, acquisition, sale, or change of control.
Any failure or delay by Supermojo to exercise any right, privilege, or power under this Agreement shall not operate as a waiver thereof. This Agreement shall not be construed to waive any rights that cannot be waived under Applicable Laws.
Supermojo will have no liability or responsibility for; (i) failure in performance or interruption of service (ii) any inaccuracy, error, delay in, or omission of information or transmission of information, (iii) any loss or damage that you may incur, which results directly or indirectly from any force majeure event including, but not limited to flood, act of civil or military authorities, terrorist acts, extraordinary weather conditions, pandemic, fire, pandemic, war, strike or other labor dispute, interruption of telecommunication services, accident, power failure, hardware or software malfunction, any act of god, or any other act that is beyond our reasonable control.
Supermojo is an independent contractor, and nothing in the nature of the Services or any provisions in this Agreement shall be deemed, or cause, or is intended to cause User and Supermojo to be treated as partners, joint venturers, or as an agent of the other party. Supermojo is not User’s broker, intermediary, agent, or financial advisor, and Suerpmojo has no fiduciary obligation to User in connection with any Transactions, or other acts or omissions of User with respect to the Services. For the avoidance of doubt, Supermojo is in no manner providing investment advice, tax advice, legal advice, or other professional advice whether through the Services or otherwise. Supermojo does not recommend or endorse that you purchase or sell any Supported Digital Good or that you make any investment or enter into any trade or Transaction.
Before engaging in any trading or investment activity, User should always consult a qualified professional.
If you have any feedback, comments, complaints or questions other than technical support, you can contact us using the contact information on our Site. When contacting us, please be sure to provide us with your name, contact information and any other information we may need to identify you, your Account and any transaction on which you have questions, comments, or complaints.
Section headings and section labels are provided for convenience only, and do not form part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
This Agreement is presented in the English language. Any translation of this Agreement is for your convenience, and any meanings of terms, conditions, or representations are subject to the definition and interpretation of the English language.
This Agreement, and the policies incorporated herein by reference, constitute the entire understanding and agreement between User and Supermojo regarding the Services. This Agreement, and the policies incorporated herein by reference supersede all other representations, agreements and understandings, both written and oral, including without limitation any prior versions of this Agreement, among User and Supermojo with respect to the Services. In the event of any conflict between this Agreement and any other agreement User may have with Supermojo, unless the other agreement specifically references and identifies this Agreement, this Agreement shall control.
If you are a California resident, 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.