Terms & Conditions
Terms and Conditions
Last updated: December 17, 2018
Please read these Terms and Conditions ("Terms ") carefully before using the www.moba-parts.com website (the "Site") operated by MOBA Corporation ("us", "we", or "our").
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access or use the Site and you should exit immediately.
If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) you are authorized to provide that information to us; and (iii) the information you supply to us is true, correct and complete.
We reserve the right in our sole discretion to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, or errors in your order.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Site. However, we may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MOBA Corporation its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
When you create an account with us, you promise and confirm that you are above the age of 18, and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account login information and password, as well as restricting the access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party Site. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Site and its original content, features and functionality are and will remain the exclusive property of MOBA Corporation and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links To Other Web Sites
Our Site may contain links to third party web sites or services that are not owned or controlled by MOBA Corporation
MOBA Corporation has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or the products or services offered by those sites. We do not warrant in any way the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that MOBA Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites.
We strongly advise you to read the terms and conditions and privacy policies of all third party web sites that you visit.
We reserve the right to terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless MOBA Corporation and its licensee and licensors, and their employees, contractors, agents, partners, shareholders, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use of and access to the Site, by you or any person using your account and password, and b) any breach of these Terms.
Limitation Of Liability
In no event shall MOBA Corporation, or its shareholders, directors, officers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access to, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, the Terms are deemed to be amended to comply with the law in that particular jurisdiction to the extent that law provides the most protection to us.
Governing Law; Waiver; Survival; Entire Agreement
These Terms shall be governed and construed in accordance with the laws of the state of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and MOBA Corporation regarding our Site, and supersede and replace any prior agreements we might have had regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined by us in our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us.