Last Updated: January 16, 2024

Please read these terms and conditions (these “Terms” or this “Agreement”) carefully. This Agreement is between Mojo Dialing Solutions, LLC and its affiliates (“Mojo,” “we,” “us,” or “our”) and you (“Customer,” “user,” “you,” or “your”) and governs your Account with Mojo and your purchase and use of Mojo’s Products and Services. By signing-up with Mojo or purchasing or using our Products and/or Services, you acknowledge that you have read, understood, and agree to comply with these Terms.

PLEASE READ ALL PARTS OF THIS AGREEMENT CAREFULLY, AS IT PROVIDES, AMONG OTHER THINGS, THAT CERTAIN TERMS APPLY WITH RESPECT TO RECURRING SUBSCRIPTION FEES, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, MODIFICATIONS OF THIS AGREEMENT, AND DISPUTE RESOLUTION. You acknowledge that you will only sign-up with Mojo or purchase or use our Products and/or Services if you agree to be legally bound by all Terms herein. Your acceptance of this Agreement creates a legally binding contract between you and Mojo.

These Terms are an integral part of our Website Terms of Use and General Privacy Policy, both of which apply generally to the use of our Website. In addition to these Terms, you should carefully review our Website Terms of Use and our General Privacy Policy before signing-up with Mojo or purchasing or using our Products and/or Services.

• DEFINITIONS

  Capitalized terms in this Agreement have the definitions set forth in the applicable section where they are defined, or in this Section 1, below:

  • “Account” means the account created when you sign-up with Mojo to access or use the Products and/or Services through our Website, which may be either a Single User Account or a Multi-User Account.
  • “Single User Account” means the type of Account created when you sign-up to access or use the Products and/or Services on our Website and specify that you would like an Account with only one Login (notwithstanding that you may add or remove additional users any time after sign-up), which may only be accessed and used by a single user.
  • “Multi-User Account” means the type of Account created when you sign up to access or use the Products and/or Services on our Website and specify that you would like an Account with more than one Login (notwithstanding that you may add or remove additional users any time after sign-up), which may be accessed and used by more than one user.
  • “Login” means the combination of a unique identifier, such as a username or e-mail address, along with a password, which allows you to gain access to the Products and/or Services through an Account.
  • “Products” means the products provided by us through our Website, including but not limited to the data products described on our Website as “Mojo Voice,” “Mojo Neighborhood Search,” “Mojo Expired/Off-Market Data Service (per MLS),” “Mojo For Sale By Owner Leads (per county),” “Mojo For Rent By Owner Leads (per county),” “Mojo Skip tracer (unlimited use),” and “Mojo Pre-Foreclosure (per county).”
  • “Services” means the dialing licenses and other services provided by us through our Website, including but not limited to the services described on our Website as “Mojo CRM,” “Single Line Power Dialer,” “Triple Line Power Dialer,” “Call Recording Feature,” and “Call Me Feature.”
  • “Website” means the website accessible at https://www.mojosells.com/, as well as any desktop or mobile applications or software that Mojo develops, owns, or operates in connection with our Products and/or Services.
• CUSTOMER DATA, SECURITY & PRIVACY
  • Customer Data; Login Information. You may be required to provide information about yourself to sign-up for an Account or to access or use the Products and/or Services (“ Customer Data ”). You represent and warrant that this Customer Data is and will remain accurate and complete, and that Mojo has no liability whatsoever for errors and omissions in your Customer Data. You may be asked to choose a unique identifier, such as a username or e-mail address, along with a password, when setting up a Login to allow you to gain access to the Products and/or Services through an Account (“ Login Information ”). We may reject or require that you change any such Login Information in our sole discretion. You are entirely responsible for maintaining the security of Login Information, and you agree not to disclose or make your Login Information accessible to any third party.
  • Prohibition on Account Sharing; No Refunds for Unauthorized Purchases.
    1. Prohibition on Account Sharing. You may not share your Account, Login Information, or any other rights associated with your Account with any other individual or business unless expressly pre- approved by Mojo, in writing. You acknowledge that unapproved sharing of any such rights is strictly prohibited.
    2. NO REFUNDS FOR UNAUTHORIZED PURCHASES. Only you are permitted to make purchases through your Account, which purchases are made pursuant to the terms and conditions of this Agreement (for more about payment terms, see Section 3 of this Agreement (“PAYMENT”)). YOU WILL NOT RECEIVE A REFUND FOR ANY PURCHASES PLACED BY OTHERS THROUGH YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO PURCHASES PLACED BY PERSONS OTHER THAN YOU WITH WHOM YOU HAVE SHARED YOUR LOGIN INFORMATION.
  • Your Privacy. Mojo is committed to protecting your privacy, Customer Data, and other personal information. By accepting this Agreement, you consent to and agree to our General Privacy Policy, Terms of Use, and (if applicable) our CCPA Privacy Notice. You are also on notice of and acknowledge that our collection, sharing, and processing (which may include organizing, structuring, storing, using, or disclosing) of your personal information will be subject to our General Privacy Policy, Terms of Use, and (if applicable) our CCPA Privacy Notice.
  • Other Privacy Policies; Consumer Inquiries. By accepting this Agreement, you also agree to: (a) comply with all applicable laws, rules, and regulations, including but not limited to those related to telemarketing, fair information practices, privacy rights, data protection, and non-solicitation; (b) acknowledge that the Products and/or Services may contain personal information and agree not to disclose the name, mailing address, loan information, or any other information regarding a person or consumer without written authorization; and (c) be responsible for all communications initiated by a consumer resulting from your use of the Products and/or Services by, among other things, ceasing to use a specific consumer’s information for direct marketing purposes if so requested by a consumer or Mojo and addressing any data discrepancies raised to you by consumers, without disclosing Mojo as the data source or involving Mojo in any resolution.
• PAYMENT
  • Order Form; Automatic & Recurring Billing Terms.
    1. Order Form. The Products and/or Services are available for purchase through an online registration or order form approved and authorized by Mojo (each an “ Order Form ”). Any order for our Products and/or Services made pursuant to an Order Form is subject to the terms of this Agreement. An Order Form may contain additional or different terms, conditions, and information regarding the Products and/or Services you are ordering as authorized and agreed to by Mojo. In the event of any conflict or inconsistency between this Agreement and any Order Form authorized and agreed to by Mojo, the applicable Order Form controls and governs over this Agreement, to the extent necessary to resolve the particular conflict or inconsistency only. Mojo will provide the Products and/or Services set forth in your Order Form and standard updates to the Products and/or Services that we make generally available at no additional cost to similarly situated customers in the same geographic region during the applicable Subscription Term. Mojo may, in its sole discretion, (i) discontinue the Products and/or Services, or (ii) modify the features or functionality of the Products and/or Services.
    2. Automatic Billing System & Subscription Term. The Products and/or Services are available for purchase pursuant to a pre-paid subscription (“ Subscription ”), which operates on an automatic billing system. Subscriptions have a term of 1, 3, 6, or 12 months, depending on the particular Product and/or Service purchased (“ Subscription Term ”). For example: (i) Mojo dialing licenses, dialing “add-ons,” and “Mojo Voice” (as those terms are defined on our Website) is only available for purchase pursuant to a 1-month Subscription Term; but (ii) “Mojo Data” (as that term is defined on our Website) is available for purchase pursuant to a 1-month, 3-month, 6-month, or 12-month Subscription Term. Note that the minimum Subscription Term available for any Product or Service is 1-month.
    3. Recurring Subscription Fee. By signing-up for a Subscription, you accept that you will be billed on the date you initially sign-up for the Subscription (“ Initial Subscription Date ”) and thereafter automatically-billed according to the selected Subscription Term (monthly, quarterly, bi-annually, or annually) (“ Recurring Subscription Fee ”). For example, if you sign-up for a $99 Subscription with a 1-month Subscription Term, you will be automatically-billed $99 each month.
    4. Renewal Date. Your same Subscription will automatically renew without further action or notice by you unless you adjust or cancel your Subscription, as described in Sections 3.2 and 3.3, before you are automatically-billed the Recurring Subscription Fee (“ Renewal Date ”).
  • Adjustments to Your Subscription.
    1. Adjusting Your Subscription. You may adjust your Subscription at any time after sign-up by adding or removing users, Products, and/or Services ( e.g., the “Call Recording” and “Call-Me” features) by logging into your Account and modifying your Subscription settings.
    2. Pro-Rated Charge For Additions.
       1. User/Service Additions. Adding users or Services (“ User/Service Additions ”) will result in a pro-rated charge, calculated from the date of purchasing any User/Service Addition until the next Renewal Date, which will be billed to you at the time of purchase. You will then be charged full price for any User/Service Addition at the next Renewal Date.
       2. Product Additions. Each additional Product purchased, such as “Mojo Data” or “Mojo Voice,” will result in the creation of a new Subscription for that additional Product – not a pro-rated charge, as described in Section 3.2(b)(i), above.
    3. NO REFUND FOR REMOVING USERS, PRODUCTS AND/OR SERVICES. REMOVING USERS, PRODUCTS AND/OR SERVICES PRIOR TO THE NEXT RENEWAL DATE WILL NOT RESULT IN A REFUND TO YOU UNDER ANY CIRCUMSTANCES. For example, you will not receive a refund (pro-rated or otherwise) if you purchased a Subscription but did not use certain Products and/or Services.
  • Cancellation.
    1. AUTOMATIC RENEWAL & BILLING. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT RENEWAL DATE TO STOP AUTOMATIC RENEWAL AND AUTOMATIC BILLING. As described in Section 3.1, your same Subscription will automatically renew on the Renewal Date for successive terms of the same length without further action or notice by you unless you cancel your Subscription prior to your next Renewal Date.
    2. Subscription Cancellation. To cancel your Subscription, log into your Account and modify your Subscription settings.
    3. NO REFUNDS FOR CANCELLATION. ALL SUBSCRIPTIONS ARE PRE-PAID AND NON-REFUNDABLE – YOU WILL NOT RECEIVE A REFUND IF YOU CANCEL YOUR SUBSCRIPTION. For example, you will not receive a refund (pro-rated or otherwise) if you purchased a Subscription but did not use the Subscription whatsoever.
  • Your Payment Obligations.
    1. Payment Method & Charges. You agree that Mojo will charge your credit card, debit card, or other payment mechanism selected by You and approved by Mojo (“ Payment Method ”) for all amounts due and owing in connection with your use of the Products and/or Services, including but not limited to fees incurred at Subscription and Renewal Dates, Renewing Subscription Fees, pro-rated fees associated with adjustments to your Subscription, and any other fees and charges associated with the Products and/or Services or your Account (“ Charges ”).
    2. Timely Payment. You agree that you will promptly update your Payment Method to allow for timely payment as necessary. Note that changes made to your Payment Method (by logging into your Account and modifying your Payment Method settings) will not affect Charges that Mojo submits to your chosen Payment Method Before Mojo could reasonably act on your changes.
    3. Non-Payment. You are responsible for having sufficient funds on your chosen Payment Method to pay for all Charges. Additionally, Mojo reserves the right to suspend or cancel your Mojo Account, Subscription, or use of the Products and/or Services without notice upon rejection of any Charges to your chosen Payment Method.
  • Billing Questions & Disputes
    1. NO REFUNDS. As described in Sections 3.2 and 3.3, Mojo does not offer refunds for Subscription cancellation or adjustments at any point. It is your sole responsibility to cancel or adjust your Subscription prior to the next Renewal Date.
    2. Billing Questions. If you have a billing question at any time, including after cancellation or adjustment of your Subscription, please contact us at billing@mojosells.com.
    3. Billing Disputes. If you wish to dispute any Charge, you must notify us within 14 days after you receive your statement from the issuer of your Payment Method ( e.g., your bank). If you do not dispute the Charge(s) within 14 days, you waive any right to contest the Charge(s). To dispute any Charge, please contact us at billing@mojosells.com.
    4. No Chargeback. You must resolve any billing disputes directly with us, rather than the issuer of your Payment Method. If we are notified that the issuer of your Payment Method has granted a chargeback, we will immediately terminate your Account and Subscription without a refund.
    5. Fraudulent Charges. If you believe your financial or information is being stolen or otherwise used in a fraudulent, unauthorized, or unwanted manner, contact us immediately via e-mail at billing@mojosells.com. When you notify us of the suspected fraudulent use, we may ask you to provide additional information, such as your billing address. MOJO IS NOT LIABLE FOR ANY UNAUTHORIZED ACCESS TO, LOSS OF, DELETION OF, OR ALTERATION OF YOUR CUSTOMER DATA, INCLUDING YOUR FINANCIAL INFORMATION.
  • Failure to Renew. It is your responsibility to maintain an active Subscription to ensure uninterrupted access to our Products and/or Services. For example, failure to renew your Subscription will result in:
    1. The termination of updates, status changes, or other notifications related to your use of the Products and/or Services.
    2. The loss of your ability to use any pre-paid access to Products and/or Services.
    3. The loss of any “virtual number” purchased through “Mojo Voice.” Note that: (i) once a virtual number is purchased, it cannot be changed or modified in any way; and (ii) once a virtual number is lost, it cannot be restored and Mojo will not compensate you for such loss.
  • Referral Credits. Mojo may, in its sole discretion, offer you the ability to earn “ Referral Credits ” through Mojo’s “ Refer-A-Friend ” program, described below:
    1. Eligibility. To receive Referral Credits, you must first log in to your Mojo Account and enter the e-mail address of the person to whom you wish to refer Mojo to (your “ Referral ”) in the appropriate section of your Account. Your Referral will then receive a customized “ Refer-A-Friend ” e-mail, which will state that you have invited them to sign-up with Mojo. If your Referral signs-up with Mojo using the e-mail address to which the Refer-A-Friend e-mail was sent and remains a Mojo customer after five days, then the “ Mojo Bank ” section of your Account will reflect that you have received Referral Credits.
    2. Limitations.
       1. To be eligible to receive Referral Credits, you must: (i) have an active Account with Mojo; and (ii) use the web-based Mojo Dialer.
       2. You will not receive Referral Credits if your Referral does not sign-up with Mojo using the e-mail address to which the Refer-A-Friend e-mail was sent.
       3. Referrals must be new to Mojo and must not have previously signed-up with Mojo or made any purchase of Mojo’s Products and/or Services.
    3. Referral Credit Amount. For each successful Referral, you will receive a one-time (not recurring) Referral Credit in the amount of: (i) $25, for Referrals who purchase a “Single Line License”; or (ii) $50, for Referrals who purchase a “Triple Line License.”
    4. Approved Use of Referral Credits. You may apply Referral Credits in your Mojo Bank toward the following, up to the amount of the Referral Credits in your Mojo Bank: (i) a refund of a previous Recurring Subscription Fee; or (ii) a new purchase of certain Products, selected by you and approved by Mojo ( e.g., “Neighborhood Search,” “FSBO Data,” and “Skip tracer”). Note that you may not apply Referral Credits toward any of the following: (i) future Recurring Subscription Fees; (ii) any Services, including but not limited to User/Service Additions; or (iii) certain Products ( e.g., “Mojo Voice”). Additionally, Referral Credits cannot be exchanged, sold, transferred, or redeemed for cash or any other form of compensation other than the specific uses detailed in this Section and approved by Mojo.
    5. Account Suspension/Cancellation. Cancellation or suspension of your Mojo Account, for any reason, for a period of ninety (90) days or more will result in all of the Referral Credits in your Mojo Bank being reset to zero. If your Mojo Bank is reset to zero, you will not be able to recover any previously accumulated Referral Credits, regardless of whether you reactivate or renew your Mojo Account. It is your sole responsibility to monitor the status of your Account and any accumulated Renewal Credits.
• ACCOUNT MAINTENANCE
  • No Account Maintenance Requests. You are solely responsible for maintaining your Account, which maintenance includes actions like adjusting or cancelling your Account. As described in Sections 3.2 and 3.3, we do not accept cancellation requests or requests to adjust your Subscription in writing, by e-mail, or by phone.
  • Account Communications. You agree that Mojo may contact you via telephone, e-mail, or otherwise with information relevant to your use of the Products and/or Services, including but not limited to billing communications, regardless of whether you have opted-out of receiving marketing communications or notices.
  • Account Cancellation.
    1. Method of Cancellation. You may cancel your Account at any time for any reason. We do not take cancellation requests by telephone or e-mail. You acknowledge that you have the ability to access and use your Mojo Account to make cancellation and other account maintenance requests and agree that any attempt to cancel by phone or e-mail is not valid or enforceable. To cancel at any time, simply log in to your Mojo Account and choose the “Account” option from the “Menu” button located in the bottom left-hand corner. Then, navigate to “Billing or Subscriptions,” where you can choose the “Cancel Account” button at the top of the corresponding page and confirm your cancellation.
    2. Access to Account & Customer Data Following Cancellation. Your Account will schedule for cancellation and you will have access to it until the next Renewal Date. Your Account and Customer Data will be saved for a 90-day period after cancellation. During this 90-day period you can reactivate your Account by logging in and submitting payment. After 90 days, your Account will be deleted and you will no longer have access to your data.
    3. Cancellation Communications. You may receive an e-mail confirmation of your cancellation. You will be notified in your Account area of the scheduled cancellation.
    4. No Refunds for Failed Cancellation. You will not receive a refund based on any failure to cancel your Account or any pre-paid Products or Services properly. It is up to you to confirm your Account has been successfully cancelled.
  • Account Termination or Suspension. In addition to the Terms contained herein, Mojo reserves the right to terminate an Account, Product, Service, or Subscription at any time, with or without notice. Additionally, Mojo reserves the right to suspend or cancel your Mojo Account, Subscription, or use of our Products and/or Services without notice upon rejection of any Charges to your chosen Payment Method.
  • “Unlimited Outbound Calling.” Some of our Products and/or Services provide “ Unlimited Outbound Calling ,” which means calls to United States and Canada local or toll-free numbers based on typical use per month as determined by Mojo ( i.e., what the vast majority of customers will utilize, on average, in any given month). If Mojo suspects abuse of our Unlimited Outbound Calling feature, Mojo reserves the right to cancel your Account without a refund.
• GOOGLE ACCOUNT INTEGRATION

  You agree that Mojo may integrate your Gmail Account with Mojo’s Products and/or Services to enhance your experience with Mojo’s Products and/or Services by, for example, pulling Google Calendar information into the “Mojo Calendar.”

• LIMITED LICENSE & OWNERSHIP
  • Grant of License. Subject to the terms and conditions of this Agreement, Mojo hereby grants you a non-exclusive, non-transferable, revocable limited license to use our Products and/or Services that you have paid to use pursuant to an active Subscription for your lawful, individual purposes only (“Permitted Uses”).
  • License Restrictions. In addition to the other terms and conditions in this Agreement, you shall not, and you shall not allow others to: (a) disclose, deliver, disseminate, market, reproduce or publish any portion of the Products and/or Services in any manner including but not limited to via any data or Application Programming Interface (“API”) marketplace or similar software or platform in which data and API providers and consumers connect; (b) sublicense, resell, relicense or redistribute the Products and/or Services in whole or in part; (c) commingle, process, modify or combine any portion of the Products and/or Services with data or software owned by you or acquired by you from providers other than Mojo; (d) use the Products and/or Services to create, develop, enhance, or structure any database, or to create models, analytics, derivative products or other derivative works for resale or external distribution; (e) disassemble, decompile, or reverse engineer any portion of the Products and/or Software; (f) allow access to the Products and/or Services through any servers located outside of Products and/or Services’ operations or facilities; (g) use the Products and/or in any way that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) use the Products and/or Services in any way that infringes Mojo’s or any other third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (j) use the Products and/or Services in a manner which violates any law, statute, ordinance, or governmental regulation (including without limitation the laws and regulations governing telemarketing, unfair competition, anti-discrimination, or false advertising); (k) publish or publicly disclose the results of any comparison of any portion of the Products and/or Services to data or software owned by you or acquired you from providers other than Mojo; (l) selectively extract data elements from the Products and/or Services for any purpose; (m) utilize the Products and/or Services in connection with any machine learning, artificial intelligence, rules engines, natural language processing, deep learning, or other similar automated processes, including, without limitation, in respect of any large language model or similar construct; (n) to support, enhance, augment or train any machine learning, artificial intelligence, rules engines, natural language processing, deep learning, or other similar automated processes, including, without limitation, in respect of any large language model or similar construct; (o) to enable or assist in the design, development, invention, creation, reduction to practice, or conception of, any machine learning, artificial intelligence, rules engines, natural language processing, deep learning, or other similar automated processes, including, without limitation, in respect of any large language model or similar construct; (p) use the Products and/or Services for any technologies designed or intended for the identification of natural persons; or (q) use the Products and/or Services (i) to establish an individual’s eligibility for credit or insurance, (ii) to evaluate an individual for employment purposes, (iii) in connection with determining an individual’s eligibility for a license or other benefit granted by a governmental authority, or (iv) in any other manner that would cause such use of the Products and/or Services to be construed as a consumer report under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. or similar statute, or by any authority having jurisdiction over any of the parties. In addition to the other terms and conditions in this Agreement, you shall: (a) acknowledge consumers’ rights to privacy and adhere to fair information practices; (b) obtain any necessary licenses, certificates, permits, approvals, or other authorizations required by all laws, statutes, ordinances, and regulations applicable to your use of the Products and/or Services; and (c) use all reasonable efforts to prevent scraping by unauthorized parties on any web portals that display any Products and/or Services in whole or in part.
  • Ownership; Trademarks. Mojo, its affiliates, its licensors, its suppliers, or third-party data providers (as applicable) own all rights, title, and interest in: (a) the Products and/or Services, including but not limited to all underlying technology, data compilations, intellectual property, or similar materials embodied or contained therein, used to provide or support, or otherwise associated or provided in connection with the Products and/or Services; (b) all trade names, trademarks, service marks, trade dress, logos, icons, insignia, symbols, interface and other designs, domain names and corporate names, and the like (whether registered or unregistered) (together with any related proprietary materials or information (including images, text, page layout, or form), the “Marks”) associated or displayed with the Products and/or Software, together with the goodwill associated with any of the foregoing Marks. You shall not use the Marks in any advertising or promotional material, frame or utilize framing techniques to enclose any Marks, or use any meta tags or other “hidden text” utilizing Marks without Mojo’s prior express written consent. Mojo further reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any proprietary rights or other right, title, or interest in or to any Mojo property or other intellectual property provided in connection with this Agreement or the Products and/or Services. You acknowledge that the Products and/or Services are commercially valuable, the development of which has involved the expenditure of substantial time and money.
• DISCLAIMER OF LIABILITY FOR INFORMATION PROVIDED

  While Mojo has made reasonable best efforts to ensure accurate information in its Website, Products, and Services (including but not limited to Mojo Data and data append services), and to provide such information in a timely, accurate manner, you acknowledge that the Products and/or Services contain information sourced from public documents and/or statistical calculations. NEITHER MOJO NOR ITS THIRD-PARTY DATA PROVIDERS ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED IN ITS WEBSITE, PRODUCTS, OR SERVICES, OR ANY ERRORS, MISREPRESENTATIONS, OR INACCURACIES CONTAINED THEREIN. MOJO AND ITS THIRD-PARTY DATA PROVIDERS PROVIDE THIS CONTENT ON AN "AS IS, AS AVAILABLE" BASIS WITH ALL FAULTS AND DEFECTS, AND NEITHER MOJO NOR ITS THIRD-PARTY DATA PROVIDERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEITHER MOJO NOR ITS THIRD-PARTY DATA PROVIDERS ARE RESPONSIBLE FOR ERRORS, OMISSIONS, MISCALCULATIONS, OR MISREPRESENTATIONS OF VALUE, AND ANY USE OF THE PRODUCTS AND/OR SERVICES SHALL BE AT YOUR OWN RISK, AND YOU SHALL INDEMNIFY AND HOLD HARMLESS MOJO AND ITS THIRD-PARTY DATA SUPPLIERS WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, MOJO DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION IT PROVIDES (INCLUDING CONTACT INFORMATION) COMES WITH PRIOR EXPRESS CONSENT OR PRIOR EXPRESS WRITTEN CONSENT, AS THAT TERM IS USED IN THE FEDERAL TELEPHONE CONSUMER PROTECTION ACT (“TCPA”). CUSTOMER ASSUMES ALL RESPONSIBILITY FOR, AND AGREES THAT MOJO IS NOT RESPONSIBLE FOR, THE CUSTOMER ADHERING TO AND COMPLYING WITH ALL TELEMARKETING, “DO NOT CALL” AND SIMILAR FEDERAL, STATE AND LOCAL LAWS, INCLUDING, BUT NOT LIMITED TO, ENSURING THAT THEY HAVE THE PROPER CONSENT TO CALL THAT IS REQUIRED BY THE TCPA, FEDERAL STATUTES, FEDERAL COMMUNICATION COMMISSION, FEDERAL TRADE COMMISSION, DO-NOT-CALL LAWS, STATE AND LOCAL CONSUMER PROTECTION AND DIRECT MARKETING LAWS.

• CUSTOMER SUPPORT
  • Contacting Customer Support. You can contact Mojo’s customer support by calling our toll-free number during business hours ( 877-859-6656 ).
  • Standards of Conduct. You agree to refrain from speaking or writing to our Customer Support staff in any manner that is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, indecent, lewd, racially or ethnically or otherwise offensive. Any violation of this Section 8.2 will result in Account termination and you will not receive a refund for such termination.
• RECORDING CONVERSATIONS & LEGAL COMPLIANCE

  Certain features of our Products and/or Services allow you to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state-to-state. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL, STATE, AND FEDERAL LAWS RELEVANT IN THE JURISDICTION YOU ARE CALLING WHEN USING THE RECORD CONVERSATION FEATURE. YOU HEREBY RELEASE AND AGREE TO HOLD HARMLESS MOJO FROM AND AGAINST ALL DAMAGES OR LIABILITIES OF ANY KIND RELATED TO THE RECORDING OF ANY TELEPHONE CONVERSATIONS WHILE USING MOJO’S PRODUCTS AND/OR SERVICES. MOJO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO YOUR RECORDING OF TELEPHONE CONVERSATIONS.

• CONFIDENTIALITY
  • Mojo’s Confidential Information. “ Confidential Information ” means any information disclosed by, for, or on behalf of Mojo, directly or indirectly, to you or any Customer in connection with this Agreement, the Products and/or Services, or learned or accessed by you or any Customer in connection with the Products and/or Services, including but not limited business information, development plans, Product and/or Service roadmap details, systems, strategic plans, source code, pricing, methods, processes, financial data, programs, trade secrets, know-how, and marketing plans, however it is conveyed in any form or medium, together with all information derived from the foregoing, and any other information that is designated as being confidential (whether or not it is marked as “confidential”) or which is known by you or any other Customer or reasonably should be understood by you or any other Customer to be confidential.
  • Obligation of Confidentiality. You shall keep all of Mojo’s Confidential Information confidential even after the termination of this Agreement and shall not disclose Mojo’s Confidential Information to any person or entity except to Mojo’s employees, advisors, and attorneys who have a strict need to know the information in connection with this Agreement and who are bound by confidentiality obligations at least as protective as the provisions herein.
• NO LIABILITY FOR THIRD PARTY CHARGES

  Mojo’s Products or Services may be used in connection with third party offerings and services, including but not limited to third party mobile and Voice over Internet Protocol (“ VoIP ”) services (“ Third Party Services ”). You agree that using our Products and/or Services in connection with Third Party Services may result in charges to you by such third parties (“ Third Party Charges ”). For example, your telecommunications service provider may charge you for long-distance calls made using the Mojo Dialer through your mobile or VoIP connection. You agree that Mojo is not responsible or liable for any Third Party Charges, including but not limited to fees imposed by your telecommunications service provider ( e.g., long distance charges) or financial institution ( e.g., overdraft fees).

• ACCESS & USE
  • Access & Use Requirements. Use of our Website, Products, and/or Services generally requires one or more compatible devices, a high-speed broadband connection, (a wireless Internet access point, cellular voice, or cellular data connection (3G, 4G, etc.), which we do not provide.
  • No Liability for Service Interruptions. Your ability to access and use our Website, Products, and/or Services may be affected by events beyond our control, such as power outages, fluctuations in your ability to access the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service. However, you hereby release and agree to hold harmless Mojo from and against all damages or liabilities of any kind related to service interruptions, including events outside of Mojo’s control.
  • No Refunds for Service Interruptions. Mojo does not offer any refunds for any interruption in your access to or use of Mojo’s Website, Products, or Services, including customer related network or VoIP service related issues.
  • Incompatibility. The Service does not support 911, 311, 511, and other x11 services in any service area. Some providers of broadband service may supply modems that prevent or disable the transmission of communications using our service. We do not warrant that our Website, Products, or Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our Website, Products, or Services with any particular broadband service.
• YOUR COMPLIANCE WITH THE TCPA & OTHER APPLICABLE LAWS
  • Your Compliance Obligations Regarding Telemarketing, Do-Not-Call, and other Laws and Regulations Applicable to Your Use of the Services. YOU ACKNOWLEDGE THAT YOUR USE OF OUR PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO ONE OR MORE STATE AND FEDERAL LAWS AND REGULATIONS GOVERNING TELEMARKETING ACTIVITIES, INCLUDING LAWS ADMINISTERED BY THE FEDERAL COMMUNICATIONS COMMISSION AND THE FEDERAL TRADE COMMISSION, AS WELL AS STATE ATTORNEYS GENERAL AND OTHER STATE REGULATORS. YOU REPRESENT AND WARRANT TO US THAT YOU WILL BE IN COMPLIANCE WITH ALL SUCH LAWS AND REGULATIONS IN YOUR USE OF ANY PART OF THE PRODUCTS AND/OR SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE UNDERTAKEN INDEPENDENT EFFORTS TO CONFIRM YOUR COMPLIANCE WITH SUCH LAWS AND REGULATIONS AND HAVE NOT IN ANY WAY RELIED ON ANY COMMUNICATION BY US, WHETHER ORAL OR IN WRITING, REGARDING SUCH COMPLIANCE BY YOU. FOR EXAMPLE, YOU AGREE THAT YOU WILL (AMONG OTHER THINGS) –
    1. Honor Do-Not-Call Requests: Although Mojo has made reasonable efforts to provide access to accurate information in its products and Website, including information about individuals listed on the National Do Not Call Registry (“NDNCR”), Mojo assumes no responsibility for the accuracy of the information. You agree that Do Not Call (“DNC”) compliance, including compliance with state DNC laws, is the sole responsibility of you, the Customer. Mojo is not responsible for any customer misuse, intentional or unintentional, of any data provided, including DNC data.
    2. Display Accurate Caller Identification Information. You agree to display accurate caller identification information whenever you are using Mojo’s Products and/or Services, including but not limited to whenever you are using “Mojo Voice.”
  • Assumption of Liability for Legal Compliance. As a Customer, you agree to assume all liability and responsibility for operating the Products and/or Services according to any federal, state, provincial, or local laws, regulations, rules, and requirements, including but not limited to laws, regulations, rules, and requirements regarding telemarketing, recording conversations, consumer protection, the use of automatic, power, predictive dialers, automatic telephone dialing systems, text messaging, or e-mail. You are aware that such laws include rules, regulations, and limitations regarding commercial solicitations and/or the making of prerecorded, artificial voice, and autodialed telephonic messages or text messages to homes and businesses without the prior express and/or prior express written consent of the called party. You acknowledge that you understand that the violation of any such laws may result in significant penalties and other sanctions. You further acknowledge and agree that you should consult with your own counsel, prior to using the Products and/or Services, to determine the extent of permissible solicitation activities. You agree to use this product in accordance with all legal requirements. Mojo will not be responsible for any illegal use of its Products and/or Services. You are responsible for all insurance, tax, and license requirements applicable to your use of the Products and/or Services.
• WARRANTY DISCLAIMER
  • PRODUCTS AND SERVICES PROVIDED “AS IS.” THE PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND MOJO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. MOJO MAKES NO REPRESENTATION OR WARRANTIES THAT THE PRODUCTS AND/OR SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF PRODUCTS AND SERVICES SHALL BE BORNE SOLELY BY YOU. MOJO MAKES NO WARRANTY ON UPTIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF PRODUCTS AND/OR SERVICES, AND/OR QUALITY OF VOICE OR EMAIL COMMUNICATIONS. MOJO MAKES NO WARRANTY THAT THE PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE PRODUCTS AND/OR SERVICES WILL BE CORRECTED. MOJO IS NOT RESPONSIBLE FOR MESSAGES, DATA, OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
  • NO LIABILITY FOR THIRD PARTY NETWORKS. MOJO IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD-PARTY NETWORK USED IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES. MOJO DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE PRODUCTS AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH USE OF THE PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND MOJO WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOJO, ITS EMPLOYEES, PARTNERS, AFFILIATES OR THROUGH OR FROM THE PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
  • CERTAIN JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
• LIMITATION OF LIABILITY

  MOJO’S TOTAL AGGREGATE LIABILITY TO YOU FROM ALL ACTION AND UNDER ALL THEORIES OF LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT PAID TO MOJO BY YOU FOR THE PRODUCTS AND/OR SERVICES FOR THE MONTH PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO ANY LIABILITY OR LOSS. MOJO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF ACTUAL OR ANTICIPATED PROFITS OR REVENUES, LOSS OF BUSINESS OPPORTUNITY OR LOSS, CORRUPTION OR INACCESSIBILITY OF DATA, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (WHICH INCLUDES NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

• PROHIBITED USES

  You agree that you will not use the Products or Services in violation of applicable laws, regulations, or the Terms of this Agreement, including without limitation, not to:

  1. Send marketing communications or solicitations in violation of any applicable law;
  2. Send messages that abuse any emergency communications services, such as 911 or other emergency response services;
  3. Transmit defamatory, harassing, obscene, or unlawful messages which harm, threaten to harm, or violate the rights under law of any individual;
  4. Transmit any malware, viruses, or other destructive or malicious software code or otherwise interfere with the operation of our network or systems or any third party networks or systems;
  5. Send false, misleading, or deceptive messages, including messages that are misleading as to the identity of the sender;
  6. Violate the privacy of individuals to whom you direct calls or messages; or
  7. Attempt to defeat, circumvent, or compromise the security of any part of Mojo’s Website, Products, or Services.
• INDEMNIFICATION

  You agree to indemnify, defend, and hold harmless Mojo, its CEO, board, officers, employees, shareholders, and agents from and against any and all losses and expenses (as defined below) incurred in connection with any lawsuit, litigation, arbitration, demand, adjudicatory proceeding, regulatory proceeding, formal or informal inquiry, claim, complaint, investigation, or any settlement therefrom which arises directly or indirectly from, as a result of, or in connection with: any violation of the Terms by you or any third-party using your account; any negligent acts, omissions or misconduct by you; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; your use of the Services or Mojo’s software, systems, or data purchased; or any violation by you of any laws, rules or regulations, including consumer protection laws, the Telephone Consumer Protection Act and its regulations, the Do-Not-Call laws and related regulations, and any other laws, rules, or regulations concerning e-mail, text message, and telephonic communications (“Indemnified Claims”). The term “losses and expenses” as used in this Section shall include compensatory, exemplary, actual, incidental, special or punitive damages; fines and penalties; court or arbitration costs; attorney’s fees and costs; expert fees and costs; costs associated with investigating and defending the claims; settlement amounts; judgments; awards; compensation for damage to our reputation and goodwill; and all other costs associated with any of the foregoing. You further agree that we have the right (but not the obligation), and at your expense and risk, to choose counsel and assume control of the defense and/or settlement of any indemnified claims. Our assumption of defense does not modify your indemnification obligations. This Section survives the termination of your relationship with us.

• FORCE MAJEURE

  Mojo shall not be held responsible for events beyond our control that may affect or disrupt our Website, Products, or Services, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Website, Products, and Services. You agree that we may notify you of any planned maintenance that will disrupt your access to or use of our Website, Products, or Services.

• CHANGES TO THIS AGREEMENT

  We reserve the right to change the terms and conditions of this Agreement at any time. You agree that we may provide you with communications regarding required notices, agreements, and other information concerning Mojo, including changes to this Agreement. We may give you notice of a change by posting the change on our Website or by any other permitted communication method. Such notice will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our Website, Products, or Services. By continuing to use our Website, Products, or Services after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your use of Mojo’s Website, Products, or Services immediately. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Mojo’s Website, Products, or Services. If you continue to use the foregoing, we will consider this your acceptance of any changes. We reserve the right to update these Terms at any time. The most recent version of this document will always be found by visiting our Website.

• NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYMENT, OR FRANCHISE RELATIONSHIP

  Nothing in this Agreement shall be deemed or construed as creating an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Mojo. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.

• 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 OR USE OF OUR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
• SEVERABILITY

  If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby.

• NO WAIVERS

  No waiver of any default in performance of this Agreement by either party, or waiver of any breach or a series of breaches of any of the terms, covenants or conditions of this Agreement shall constitute a waiver of any subsequent breach or a waiver of such terms, covenants or conditions.

• ENTIRE AGREEMENT

  These Terms, our Website Terms of Use , and our General Privacy Policy will be deemed the final and integrated agreement between you and Mojo on the matters contained in these terms.

• SURVIVAL

  This Agreement shall survive any change in the ownership of you or Mojo.