Last updated August 8th, 2017.
Here you can find the Terms of Service for Moonlite, the web application from Think Like LLC. Please read these terms of service (“Terms") carefully before using the moonliteapp.com website or Moonlite web application. Throughout this document, we use the terms “Think Like,” "we," "us," and "our" interchangeably to refer to Think Like LLC.
Your access to and use of the Service (defined below) 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 Service.
By accessing or using the Service you agree to be bound by these Terms, as they may be amended from time to time. If you disagree with any part of the Terms, then please exit and do not use the Site or Service.
We may amend or replace these Terms by posting an amended version on the then current moonliteapp.com website. By continuing to use the website and services following such amendment, you agree to the Terms then posted.
Subject to and conditional upon your compliance with these Terms, Think Like provides you with access to our website moonliteapp.com (the “Site”) and grants to you a limited, non-exclusive, non-transferable, right and license (without the right to sublicense) to use certain services and functionality we may make available to you from time to time via the Site or via a related mobile application, including contracting management functionality (the “Service”). You will be and remain fully responsible and liable for the acts and omissions of all employees and agents using the Site or Service on your behalf (“Users”).
By creating a Moonlite user account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Your use and authorization to use the Service are subject to timely and complete payment of Think Like fees, which are published on our Site. Think Like may modify the fees associated with the Service at any time. Any fee change will become effective at the time of the change. Think Like will provide you with a reasonable prior notice by email of any change in payment fees to give you an opportunity to terminate your account before such change becomes effective.
Your continued use of the Service after the payment fee change comes into effect constitutes your agreement to pay the modified payment fee amount.
A valid bank account is required to process payments made through direct deposit. You shall provide Think Like with accurate and complete payment information. By submitting such payment information, you automatically authorize Think Like to charge all fees incurred through your account.
Should automatic billing fail to occur for any reason, Think Like will issue an electronic invoice requiring manual payment by the designated payment deadline.
Payment processing services for users on Moonlite are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Moonlite, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Moonlite enabling payment processing services through Stripe, you agree to provide Moonlite accurate and complete information about you and your business, and you authorize Moonlite to share it and transaction information related to your use of the payment processing services provided by Stripe.
Except when required by law, payments of fees are non-refundable.
Except when required by law, paid payment fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are fully responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing upon, misappropriating or violating the rights of others.
You retain any and all of your rights to any User Content you or your Users submit, post or display on or through the Service and you are responsible for protecting those rights.
We do not endorse or sponsor any such User Content submitted by you or other Users of the Site or Service. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us a worldwide, royalty-free, fully paid right and license to use, copy, modify, publicly perform, publicly display, reproduce, transmit and distribute such User Content solely for internal purposes to provide and improve the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.
When you create an account with us, you represent and warrant that you are at least 18 years old (or the age of majority in your state if greater than 18), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including the restriction of access to your computer and account. You agree to accept responsibility for any and all activities or actions that occur under your account and password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Please provide such notice via email at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that User Content posted on the Service infringes the copyright (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement, including the following:
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith Infringement claims.
The Site, the Service and their respective original content (excluding User Content provided by users), features and functionality, including all text, audio, video, music, images, graphics, web beacons, information, data, content, and other technologies or materials displayed or used on, or downloadable from, the Site or via the Service (“Think Like IP”) are the property of, or used with permission by, Think Like and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the Think Like IP in any way or reproduce or publicly display, perform, distribute or otherwise use any such Think Like IP for any public or commercial purpose. Any unauthorized use of Think Like IP may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Think Like IP. All rights to Think Like IP not expressly granted herein are reserved by and to the respective owners of such Think Like IP.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Service are registered and unregistered trademarks, trade names and service marks owned by Think Like and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Service without our written permission or the written permission of such third-party owner.
You acknowledge and agree that in connection with your use of the Site and the Service, you may have access to non-public information relating to the Service (“Confidential Information”), which Confidential Information is owned by and proprietary to Think Like. You will use the same care to protect the confidentiality of the Confidential Information as you use for your own similar information but in no event less than reasonable care. You will use Confidential Information only for the purpose of using the Site and Service as permitted by these Terms. You will promptly return, provide a copy of, or destroy the Confidential Information upon request.
Think Like has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Think Like shall not be responsible or liable, directly or indirectly, and hereby waive any such claim, 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 or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Site or Service immediately, without prior notice or liability, for any reason whatsoever, including a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Unless prohibited by applicable law, you agree to defend, indemnify and hold harmless Think Like and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of a) your use and access of the Service or Site, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service, including infringement of any intellectual property or other right of any person or entity, or d) our authorized use of User Content. If you are obligated to indemnify us hereunder, we may (1) control the defense and disposition of any such claims at your sole cost and expense or (2) require you to defend Think Like with counsel of our choosing. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any third-party claim without our consent.
To the extent not prohibited by law, in no event shall Think Like, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, 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.
To the extent not prohibited by law and notwithstanding anything herein to the contrary, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for the Service during the three-month period prior to any claim.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without representations, warranties or covenants of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Think Like, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
The Site and Service may include tools, such as standard contract terms and the like, which are available for your use. Such tools were not necessarily prepared or compiled by persons licensed to practice law. Think Like is not engaged in providing legal or other professional advice and any tools you obtain through the Site or Service are not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.
These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions. By accessing or using the Site or Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Maine.
You are solely responsible for your interactions with other users of the Site or the Service. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may not take legal action against Think Like without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site or Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently waived.
You agree that you are waiving the right to trial by jury and to participate in a class action and that you may bring claims against Think Like only in your individual capacity, and not as a plaintiff or class member in any purported class action or similar consolidated claim.
Think Like will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third party networks or communications infrastructure.
In the event that any provision of these Terms conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms will remain in full force and effect. Any failure by Think Like to insist upon or enforce strict performance of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. 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 us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We welcome your comments and questions. Please contact us at firstname.lastname@example.org.