Terms of Service
Last Updated: October 26, 2023
Please read these Terms of Service ("Terms") carefully before utilizing the services provided by Robo Mocha through the website robomocha.com (the "Site"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Robo Mocha ("Robo Mocha," "we," "us," or "our").
1. Acceptance of Terms
1.1. By accessing or using the Site, you hereby affirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you are expressly prohibited from using the Site and must cease all use immediately.
1.2. Robo Mocha reserves the right, in its sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on the Site and updating the "Last Updated" date. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.
2. User Representations
2.1. By using the Site, you represent and warrant that: (a) you are at least 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms; (b) you have the legal capacity to agree to and comply with these Terms; (c) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (d) you will not use the Site for any illegal or unauthorized purpose; and (e) your use of the Site will not violate any applicable law or regulation.
3. Acceptable Use Policy
3.1. Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.
3.2. Prohibited Activities. You agree not to engage in any of the following prohibited activities: a. Undertaking any unlawful or fraudulent activity, or engaging in any activity that violates any applicable local, national, or international law or regulation. b. Interfering with or disrupting the integrity or performance of the Site or the data contained therein, or attempting to gain unauthorized access to the Site or its related systems or networks. c. Transmitting any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs. d. Collecting or harvesting any personally identifiable information, including account names, from the Site. e. Impersonating any person or entity or misrepresenting your affiliation with any person or entity. f. Circumventing, disabling, or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein. g. Posting, transmitting, or otherwise distributing content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
4. Intellectual Property Rights
4.1. All content on the Site, including without limitation, the text, graphics, photos, interactive features, trademarks, service marks, and logos ("Content"), is owned by or licensed to Robo Mocha and is subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions.
4.2. The Content is provided to you "AS IS" for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Robo Mocha reserves all rights not expressly granted in and to the Site and the Content.
4.3. User-Generated Content. Should the Site permit the submission of content by Users, you retain all ownership rights in your User-Generated Content. However, by submitting content to Robo Mocha, you hereby grant Robo Mocha a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Site and Robo Mocha's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
5. Disclaimer of Warranties
5.1. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROBO MOCHA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2. ROBO MOCHA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.
6. Limitation of Liability
6.1. IN NO EVENT SHALL ROBO MOCHA, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ROBO MOCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROBO MOCHA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROBO MOCHA DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Indemnification
7.1. You agree to defend, indemnify, and hold Robo Mocha, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of these Terms; (c) your violation of the rights of any third party, including but not limited to intellectual property rights; or (d) any overt harmful act toward any other user of the Site with whom you connected via the Site.
8. Termination
8.1. Robo Mocha reserves the right to terminate or suspend your access to the Site, without prior notice or liability, for any