Terms of Use

Please read the following Terms of Use prior to accessing or using the services offered by Mocknick Apps, a Mocko Consulting, Inc. brand, (“Mocko”). The following terms, conditions, and notices contained herein (collective, the “Terms of Use”) govern your use of the products and services offered by Mocko, and your acceptance of the Terms of Use is an express condition of using the Services. By using the Mocko website (the “Site”), the web-based application integration and data integration service accessed through the Site, and any other features, services, or applications offered by Mocko (collectively, the “Service”), you agree to be bound by these Terms of Use. By accessing the Site or using the Services, you certify that you are at least eighteen (18) years of age. If you are using the Site or the Service on behalf of an entity, you represent that you have actual authority to bind such entity to these Terms of Use, that you are acting on that authority to do so, and any references herein to “you” or “your” shall refer to the entity. If you do not agree to be bound by the Terms of Use, you may not use the Site or the Service.

Mocko expressly reserves the right, in its sole and absolute discretion, to modify, update, or change these Terms of Use at any time, with or without prior notice to you. Mocko may modify the Terms of Use by posting a new version on the Site. You are responsible for viewing and becoming familiar with any such future modifications. Your use of the Service and/or the Site after such modifications shall constitute your acceptance of the modified Terms of Use.

1. Account Registration

Registration of an account (“User Account”) with Mocko is required to access and use the features of the Service. You will be required to provide certain information (“Account Information”) to register for the User Account. All Account Information provided in your registration must be true, accurate, current, and complete at the time of registration, and you agree to keep the Account Information accurate and to update it as necessary to ensure that it is current.

  1. Eligibility. By registering a User Account, and as an express condition of being permitted to open a User Account, you represent and warrant that you:
    i. Have the legal capacity and are of sufficient age to enter into binding contracts under the law of the jurisdiction in which you reside; and
    ii. Are not located in a country subject to any U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  2. Passwords. You will need to create a password to register your User Account and to access and use your User Account and the Services. You are responsible for maintaining the security and confidentiality of your User Account and password and for restricting access to your User Account. By using the Services, you agree to accept responsibility for all activities that occur under your User Account, whether or not such activities are performed or authorized by you. If you suspect or have actual knowledge of any unauthorized use of your User Account, please contact Mocko immediately. Mocko will not, under any circumstances whatsoever, be responsible or liable for any cost, loss, damages, or expenses arising out of or related to use of your User Account by a third party or a failure by you to maintain the security of your password or User Account.

2. Use License

Subject to these Terms of Use, after registering your User Account, Mocko hereby grants to you a non-transferable and non-exclusive right and license to use the Service, solely for your own internal business purposes, unless and until such time as either you or Mocko elect to terminate such license in accordance with these Terms of Use. Except as expressly permitted in these Terms of Use or otherwise permitted by Mocko, you may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, or otherwise commercially exploit or make the Service available to any third party. You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service, or access or use the Service in order to build a competitive product or service. If you are using the Service on behalf of an entity, this license permits any employees, consultants, contractors, or agents permitted by you to access and use the Service on your behalf (“Authorized Users”). If Authorized Users access or use your User Account or the Service, each Authorized User hereby agrees to be bound by these Terms of Use. Mocko will not, under any circumstances whatsoever, be liable for any cost, loss, damages, or expenses arising out of or related to an Authorized User’s use of or access to your User Account or the Services.

3. Site Content

a. Mocko Content. Except as may be otherwise noted, the information and materials available on the Site and/or the Service (collectively, the “Mocko Content”) are the property of Mocko and its licensors, and Mocko and its licensors expressly retain all right, title, and interest in and to the Mocko Content, including without limitation, all intellectual property rights therein and thereto. Any unauthorized use of the Mocko Content may violate copyright and/or other applicable laws, and Mocko reserves the right to pursue all legal remedies available to it, whether or not explicitly stated in these Terms of Use.
b. Third Party Content. The Site and/or Service may contain information and materials provided to Mocko by third parties (collectively, “Third Party Content”). By using the Site or Service, you agree to be bound by any terms, conditions, restrictions, and policies governing Third Party Content. Mocko will not under any circumstances by liable for any cost, loss, damages, or expenses arising out of or related to a failure by you to abide by the terms of use of any Third Party Content.
c. Linked Websites. The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control or ownership of Mocko and Mocko accepts no responsibility for the contents of any Linked Sites. The Linked Sites are provided to you as a convenience only, and Mocko does not endorse such Linked Sites or any products or services associated therewith. Your use of such Linked Sites will be subject to the terms of use applicable to the respective Linked Sites.
d. Use of Site Content. You may use the Mocko Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, tablet, cell phone, or other mobile device, and downloading and printing pages containing Site Content. You are prohibited from modifying, publishing, transmitting, or preparing derivative works from the Site Content, including obscuring, changing, or removing any copyright notice on the Site or Site Content;
e. Intellectual Property Rights. All right, title, and interest in and to the Site and Service (including all copyrights, patents, service marks, trademarks, and other intellectual property rights), as well as any updates, enhancements, customizations, revisions, modifications, future releases, and other changes related to the foregoing are the property of Mocko or third parties. Except for the limited access and use rights granted to you pursuant to these Terms of Use, you do not acquire any interest in the Service, Site, or Mocko.
f. Feedback. Any comments, suggestions, feature requests, or other feedback (“Feedback”) submitted to Mocko by you and relating to the Site or the Service shall become the property of Mocko. Mocko will have exclusive, unlimited ownership of all present or future rights to Feedback of every kind and nature and will be entitled to use the Feedback for any purpose whatsoever, without compensation to you or any other person.

4. Use of Site and Service

a. User Account and Use of Service. You agree to use your User Account and the Service in accordance with these Terms of Use and for lawful purposes only. You are solely responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of their posting on or through the Service. You may not use the Site or the Services for any manner or for any purpose that could cause damage to, disable, overburden, or impair the Site or Service or which could interfere with another party’s use of the Site or Service. You are expressly prohibited from using the Site or Service to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Service.
b. Third Party Applications. Use of the Service may require connection or integration with third-party applications, software, or other services (“Third Party Applications”). By using the Services, you agree to allow Mocko to integrate your User Account with Third Party Applications for the sole purpose of accessing and transmitting data and information between Third Party Applications. Any information or data that is transmitted through Mocko and which you do not make publicly available on the Site is and will remain your property, and Mocko does not receive any rights in such information or data. Integration with Third Party Applications will require the Service connecting to the Third Party Application via a secured password set up by you for the Third Party Application. If you change or update the password or other similar login information used to access a Third Party Application, you will need to update said information within the Service to ensure proper connection between the Service and the Third Party Application. Mocko will not be responsible for any loss of or failure to transmit information resulting from an ability to connect the Service with a Third Party Application.
c. Service Fees. Use of Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. Fees do not include, and you are responsible for, payment of all personal property, sales, use, value-added, withholding, and similar taxes (other than Mocko’s income taxes) arising from the activities and transactions described herein.
d. Cancellation and Termination. You are solely responsible for properly canceling your User Account. You may cancel your User Account and access to the Service at any time and for any reason by following the cancellation procedure in your User Account. Cancellation will be effective as of the next billing cycle following the date of cancellation. Upon cancellation, you will receive a prorated refund for prepaid Fees (if any), less any administrative or transaction costs (including credit
card processing fees) incurred by Mocko. Mocko may suspend or terminate your User Account and access to the Service if the billing or contact information provided by you is false, out of date, or fraudulent. Mocko also reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account and/or access to the Service where any payment is due but unpaid and you have been requested but failed to promptly cure such payment failure. You agree that Mocko shall not be liable to you nor to any third party for any suspension of the Service resulting from non-payment of Fees.
e. Prohibited Uses. Mocko explicitly prohibits any use of the Site or the Service for:
i. posting any (1) information which is incomplete, false, inaccurate, or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (3) material that infringes on any other intellectual property, privacy or publicity right of another, (4) advertisement, promotional materials, or solicitation related to any product or service that is competitive with Mocko products or services, or (5) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs, or Trojan horses;
ii. impersonating another person;
iii. engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation, or which fails to comply with accepted Internet protocol; or
iv. transmitting or transferring (by any means) information or software derived from the Site or the Service to foreign countries or certain foreign nations in violation of US export control laws.
In addition, you are prohibited from violating or attempting to violate the security of the Site, the Service, or Mocko’s system or network security, including, without limitation, the following: (1) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server, or any other computer system; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with the function of the Site, the Service, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Site’s or Mocko’s system or network security may result in civil or criminal liability.
f. User Content. If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, audio files, text, software, or other materials (collectively, “User Content”), you hereby grant to Mocko a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works
from, and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Mocko that:
i. you have all necessary power, authority, right, title and/or licenses to grant to Mocko the foregoing right and license;
ii. the posting, submission, or display by you of User Content on the Site, and the exercise by Mocko of the foregoing license, does not and will not (1) violate any applicable law or government regulation or (2) infringe any right of publicity or invade the privacy of others, or any intellectual property right of any third party; and
iii. no User Content you provide (1) will constitute obscene, pornographic, indecent, profane, or otherwise objectionable material, (2) is discriminatory, hateful, or bigoted toward, or abusive of, any group or individual, or (3) is libelous or defamatory.
g. Indemnification. You hereby irrevocably agree to indemnify, defend, and hold Mocko, its affiliates, directors, officers, employees, and agents harmless from and against any and all loss, costs, damages, liabilities, and expenses (including court costs and attorneys’ fees) arising out of or related to any third party claim resulting from a breach by you of any of the covenants, representations, or warranties contained in these Terms of Use and/or your use of the Site and/or the Service.
h. Export Controls. You hereby represent and warrant that:
i. you understand and acknowledge that some Site Content may be subject to export, re-export, and import restrictions under applicable law;
ii. you will not use the Site, Service, or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce; and
iii. you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

Warranty Disclaimer

THE SITE, SITE CONTENT, AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MOCKO MAKES NO WARRANTY THAT THE SITE, SERVICE, OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, MOCKO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT, AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE, AND/OR THE SITE CONTENT RESTS WITH YOU AND MOCKO MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE, AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MOCKO SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE (INCLUDING INTEGRATION WITH THIRD PARTY APPLICATIONS), OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF MOCKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. You acknowledge that you have read, understand, and agree to Mocko’s Privacy Policy available through this link, which is hereby incorporated into and made a part of these Terms of Use by this reference.

Location of the Site

Mocko operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by Mocko may be located, at various locations in and outside of the United States. Mocko makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

Miscellaneous

a. Entire Agreement. These Terms of Use constitute the entire agreement between Mocko and you concerning the subject matter hereof, and may not be modified unless in writing signed by an authorized representative of Mocko, or by the posting by Mocko of revised or modified Terms of Use.
b. Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado, without respect to its conflict of laws provisions. All disputes arising out of or related to these Terms of Use or your use of or access to the Site or Services will be submitted to the exclusive jurisdiction of a court of competition jurisdiction located in Denver, Colorado, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
c. Dispute Resolution. Any and all disputes, controversies, and claims arising out of or relating to these Terms of Use or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration in Denver County, Colorado, pursuant to the Commercial Rules of the American Arbitration Association then in effect. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and of an order of enforcement. In the event of a dispute, controversy, or claim between the parties, the prevailing party shall be entitled to recovery of damages, injunctive relief, and expenses including attorneys’ fees.

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