Terms and Conditions – Mokeamerica

Terms and Conditions

1. Agreement
Accessing the Moke America website https://www.mokeamerica.com (“Website”) means that you are agreeing to be bound by these terms and conditions (“Terms”), and that you are responsible for compliance with any applicable laws and regulations.  If you do not agree with any of these Terms, you are prohibited from using or accessing this site.  The materials contained in this Website are protected by applicable trademark and copyright law.

2. Use License and Restrictions
3. Moke America grants you permission to temporarily download one copy of the materials on this Website for personal, non-commercial transitory viewing only.  This is the grant of a license, not a transfer of title, and under this license you may not:
i.Copy or modify the materials;
ii.Publish the materials in any media;
iii.Show the materials in any public place;
iv.Use the materials in any way that is, or may be, damaging to the Website or to Moke America;
v.Use the materials or the Website in any way that impacts user access to the Website;
vi.Use the Website in a manner that is contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Moke America, the Website, or to any other person or business entity;
vii.Use the Website to engage in any advertising or marketing for commercial or non-commercial purposes; and
viii.Attempt to, or actually, decompile or reverse engineer any software contained in the Website.

1 The license granted to you by Moke America shall automatically terminate if you violate any of the restrictions, and may otherwise be terminated at any time, for any reason, without notice, and in the sole and absolute discretion of Moke America.
2 Certain areas of the Website are or may be restricted from access by you.  Moke America may, at any time, for any reason, without notice, and in its sole and absolute discretion, further restrict access by you to any and all areas of the Website.  Any user ID and passwords that may be implemented for your use of this Website will be deemed confidential and you must maintain the confidentiality of such information.
1 Disclaimer
1 The materials on this Website are provided on an ‘as is’ basis with all faults.  No warranties, express or implied, are made by Moke America, and it hereby disclaims all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Moke America does not warrant or make any representations regarding the accuracy or the reliability of the use of the materials on this Website, or regarding materials that may in any way be linked to this Website.
2 Nothing in this Website shall be construed as providing consultation or advice to you.
4. Limitation of Liability
In no event shall Moke America, its shareholders, directors, officers, employees, agents, assigns, or suppliers, without limitation whatsoever, be liable for any damages for loss of data or profit, or for business interruptions, arising out of your use or inability to use the materials on this Website. This limitation applies whether such liability arises under contract, tort or otherwise, and applies to any indirect, consequential or special liability arising out of or in any way related to your use of the Website.
5. Indemnification
You hereby indemnify and hold Moke America harmless from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including attorney’s fees) arising out of or in any way related to your breach of any of these Terms.
6. Severability
Any provision of these Terms that are found to be unenforceable or invalid under any applicable law shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions contained herein.
7. Modification
Moke America may revise these Terms for this Website at any time, for any reason, without notice, and in its sole and absolute discretion.  By accessing this Website you are agreeing to be bound by the most current version of these Terms.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts of that State.  The venue for any dispute shall be in Nassau County, New York.
9. Accuracy of Materials
The materials appearing on this Website could include technical, typographical, or photographic errors.  Moke America does not warrant that any of the materials on this Website are accurate, current, or complete.  Moke America also reserves the right at any time, for any reason, without notice, and in its sole and absolute discretion, to make changes to the materials contained on this Website.
10. Linked materials
Moke America has not reviewed any and all of the websites linked to this Website, and it is not responsible for the contents or materials included within any such linked website.  Your use of any such linked website is at your own risk.

11. Returns

Once a deposit  is made, production will begin on your Moke, and a refund will not be available. All sales are final.
12. Entire agreement
The information contained on this page of the Website constitutes the entire agreement with respect to the Terms.  No other agreement, whether oral or in writing, will supersede these Terms. 
Privacy Policy
The privacy of the information you share with Moke America via this Website (“Personal Information”) is important to us.  It is our policy to respect and protect any Personal Information we collect while operating this Website.
Moke America has developed this Privacy Policy so that you understand the ways that we collect, use, disclose, communicate, and make use of Personal Information. 
Moke America collects Personal Information by lawful and prudent means and, where appropriate, with the knowledge and consent of the individual concerned.  We strive to conduct our business in accordance with this Privacy Policy so that the confidentiality of all Personal Information is protected and maintained.
Moke America will only retain Personal Information for as long as necessary to fulfill the purposes for which the Personal Information was collected and in compliance with State and Federal retention laws.
Moke America protects Personal Information by using reasonable security safeguards against loss or theft, as well as unauthorized disclosure, access, use, copying, or modification.
Moke America strives to ensure that Personal Information collected is relevant to the purposes for which it needs to be used and, to the extent necessary for those purposes, is accurate, up-to-date, and complete.  Prior to or at the time of collecting such Personal Information, Moke America will identify the purposes for which Personal Information is collected.  It will then collect and subsequently use that Personal Information only to the extent necessary to fulfill those, or any other ancillary, purposes, unless it obtains consent of the person providing the Personal Information or as required by applicable law.
Moke America may change this Privacy Policy at any time, for any reason, without notice, and in its sole and absolute discretion.

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