Terms Of Use — Moonoura Rentals

By using the Moonoura Platform and/or renting a Equipment through Moonoura, you agree and are legally bound to Moonoura’s Terms of Service/Terms of Use.

Please read these terms carefully as they contain important information regarding your legal rights, remedies, and obligations.

- STEP BY STEP:

Click on the “Book Now” button to upload your COI and make the payment. After receiving payment and COI, Moonoura will email the renter a Equipment Rental Agreement and the CC Authorization Form for them to sign. In this same email, Moonoura will also send a link to verify the renter’s ID through our trusted Third Party Verification Platform called Stripe.

An equipment rental reservation is OFFICIALLY confirmed ONLY once the renter has made the payment, provided a valid COI, signed the Rental Agreement, filled out the CC Authorization form and verified their ID.

-INSURANCE:

We require ALL renters to provide a valid Certificate of Insurance (COI) reflecting the total replacement value of the gear ($99,000). The insurance policy must cover theft from an unlocked or unattended vehicle. Please note that the average cost for a short term rental COI will cost between $150 to $225 extra. You can get a COI very easily and in minutes at: https://athosinsurance.com/

The renter is responsible for the deductible amount on the Certificate Of Insurance policy in case of gear damage during their rental period. Moonoura requires credit/debit card information for all orders using Third Party Insurance in the amount of the deductible on the COI’s policy.

After placing your order, we'll send you Moonoura’s CC authorization form. This form will work as a hold on the card and NOT a charge. The renter will be released from the deductible’s financial responsibility after the gear is returned and checked to be in good, working condition.

CANCELATION POLICY:

The renter’s card will be charged when they place the order online. Renters will receive a full refund unless:

Cancel within 72 hours of the rental start date and renter will receive a 50% refund. Cancel within 48 hours of the rental start date and the rental will be non-refundable, no exceptions.

If the renter places an order but does not provide a valid COI, a signed Equipment Rental Agreement, a filled out/signed CC Authorization Form and verify their ID through Stripe, with at least 24 hours before their rental start date, then their reservation will be at risk to be canceled without a refund.

ACCEPTANCE OF TERMS OF SERVICE:

The Moonoura community is built on trust and respect. Disputes are very rare in the community, but if there are any issues, we will always do our best to help our members resolve them quickly and fairly.

Moonoura LLC (hereinafter, “Moonoura”, “we”, or “us”), is the owner of Moonourarentals.com, which is an online platform that facilitates the listing and rental of equipment (including but not limited to production (video, lights, audio, etc.) equipment, photography equipment, and other equipment (collectively, hereinafter, “Listing”, “Listings”, “Gear” or “Equipment”).

The following terms and conditions, together with any documents they expressly incorporate by reference govern each user’s (hereinafter, “you,” “your,” “Member,”, “Renter” or “User”) access to and use of the Moonoura website, including any subdomains thereof, and any other websites through which Moonoura makes the Moonoura website available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through Moonourarentals.com or by Moonoura (hereinafter collectively, the “Moonoura Services”), whether as a guest or registered User. The Site, Application, and Moonoura Services together are hereinafter collectively referred to as the “Platform”.

Moonoura’s Privacy Policy and Rules, and other terms applicable to your use of the Platform are incorporated by reference into these Terms of Service.

All the provisions in the Terms of Service, together with Moonoura’s Privacy Policy and Rules, (and any applicable insurance coverage terms or loss damage waiver terms), constitute the “Agreement” between you and Moonoura. If you do not want to agree to these Terms of Service, the Privacy Policy, and the Community Rules, you must not sign up as a User of the Platform or access or use the Platform at all. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the Agreement.

By accessing or using the Platform, including by communicating with us or another Moonoura User, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (hereinafter, “Terms of Service”, “Terms of Use” or “Terms”), whether or not you become a registered User of the Platform. The Terms constitute a binding legal agreement between you and Moonoura.

By using the Platform, signing up as a User, creating a Listing, and/or renting a Listing, you agree to Moonoura’s Terms of Service and Privacy Policy.

Eligibility to Use Moonoura’s Platform: The Platform is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with Moonoura and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.

Moonoura has the right, but not the obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Renters and associated businesses, but Moonoura does not endorse any User, or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, in our sole discretion, use third-party services to verify the information and documentation you provide to us and to obtain additional related information and documentation and corrections where applicable and you hereby authorize Moonoura to request, receive, use, and store such information and documentation for internal use.

As an Owner, you agree to grant Moonoura the right to allow the Renter to use any Listings rented by them, as agreed to between you and the Renter. You understand and agree that Moonoura does not act as an insurer, broker, or as your contracting agent. Any agreement you enter into with any other User is between you and the User and Moonoura is not a party to it.

When you add an Authorized Person to a Listing rental, you understand and agree that you are still legally bound by, the provisions of the Terms, and you are are jointly and severally liable for any actions or inactions of the Authorized Person in relation to the Listing rental and transaction that you added the Authorized Person to, given that you are the responsible party for the Listing rental and transaction. You agree that if you or anyone makes a claim against the Authorized Person that is added to the Listing rental, you will indemnify and hold the Moonoura harmless from any liability, demand, loss, damage, or costs which you or another party may incur as the result of such claim. Moonoura is not responsible, or liable to any third party.

Moonoura is a marketplace where Members who comply with the Terms to offer and rent Listings from other Members. While we have verification procedures for our Members and processes in place to review Listings, we cannot guarantee the truth, accuracy, or legality of Listings, and the ability for Owners to rent out Listings, Renters to rent and pay for Listings, Sellers to sell Listings, or Buyers to purchase and pay for Listings. Moonoura also cannot ensure that a member will complete a rental or purchase transaction or guarantee the true identity, nationality, and age of a Member. We recommend that you communicate directly with other Members using the Platform to conduct your own assessment of another Member, and we strongly recommend that you do not transact with another Member when you’re not comfortable with a potential transaction.

You agree that you will always use your Moonoura and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by Moonoura. We have the right to cancel any Moonoura reservation at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.

FOR A MOONOURA RENTAL, YOU UNDERSTAND AND AGREE THAT MOONOURA'S TERMS OF SERVICE AND RULES, IN CONJUNCTION WITH YOUR RENTAL CONVERSATION, RENTAL AGREEMENT AND RENTAL INVOICE, EFFECTIVELY ESTABLISHES THAT A RENTAL TOOK PLACE BETWEEN THE YOU AND OTHER USER IDENTIFIED YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE.

Payment provider:

Making or accepting payment requires you to maintain an account with Moonoura's payment processor ("Payment Provider"). Moonoura uses Stripe, Inc. ("Stripe"), a payment processing service, as its Payment Provider and ID verification. If you wish to use this feature, you must enroll for the service through Stripe. By enrolling, you enter into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). Moonoura is not a party to the Stripe Services Agreement and is not responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with making or accepting payments through the Platform, you authorize Stripe to share your payment method information with an alternative Payment Provider.

Renters, Rental Period, and Renter Liability

The period of time between when the Owner (or the Owner’s Authorized Person) releases custody and control of the Listing to the Renter (or the Renter’s Authorized Person) and when the Renter (or the Renter’s Authorized Person) returns custody and control of the Listing to the Owner (or the Owner’s Authorized Person) is known as the “Rental Period.” A Renter must request an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept the Rental Period that the Renter requests. A Renter must request any modifications to an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept any modifications to Rental Period that the Renter requests.

Any Renter modifications to the Rental Period that are not accepted by the Owner are not authorized and may result in Moonoura or the Owner making a police report against the Renter and pursuing legal action against the Renter.

If the Renter damages, loses, steals, converts, transfers custody and control to a third-party, and/or fails to return the Owner’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Owner’s Listing, up to the specified limit purchased and/or the Replacement Value of the Listing (as provided on the Listing when a Renter requests a Listing) and/or the amount not covered by a Renter's coverage option or an insurance policy, and/or the entire deductible amount (if applicable) for the coverage option or insurance policy that covers the Listing. Renters are not liable for pre-existing damage or issues with an Owner’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing. We always recommend that both Owners and Renters thoroughly inspect Listings that they rent.

Moonoura is not liable for a User’s (or the User’s Authorized Person) deceptive or fraudulent acts, the voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s (or the User’s Authorized Person) deceptive or fraudulent acts and a User’s (or the User’s Authorized Person) use of Moonoura.com, but Moonoura will cooperate with the investigation and produce information about the incident and parties involved.

NOTE: AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING, COMMUNICATING, LISTING, RENTING, AND/OR PURCHASING LISTINGS DIRECTLY WITH EACH OTHER. MOONOURA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTINGS. MOONOURA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ACCORDINGLY, ANY RENTALS OR PURCHASES WILL BE MADE AT THE USER’S OWN RISK. IN NO EVENT SHALL MOONOURA BE LIABLE TO A USER OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON MOONOURA'S PLATFORM. WHILE MOONOURA WILL EXPECT A USER OR A RELATED THIRD PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, MOONOURA WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

Taxes

Moonoura cannot and does not offer tax-related advice to any Users. Please consult your tax consultant to determine tax treatment for your rental activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice. You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.

Moonoura will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. Moonoura maintains a list of the states where it collects sales tax. If you are in a state where Moonoura does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for rentals or sales made through the Platform.

Statement in Lieu of New York State Department of Taxation and Finance Form ST-150: Moonoura is a registered New York State sales tax vendor and will collect sales tax on all taxable sales of tangible personal property that it facilitates for delivery to a New York State address. Moonoura may need to report your earnings from transactions on the Platform to tax authorities if you hit certain thresholds of activity on our Platform. If Moonoura determines that it is necessary to report your earnings, we and/or our Payment Provider will ask you for personal information, such as your social security number, in order to complete tax form 1099-K. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information. Moonoura is not responsible, in any manner, for paying taxes on your earnings or your use of the Platform.

Currently, Moonoura does not provide insurance or any other kind of coverage for spaces, automobiles, and/or certain drones. By renting spaces, automobiles, and/or certain drones, as a Renter, you understand and agree that you must have adequate and applicable insurance for the rental of spaces, automobiles, and certain drones. Further, by renting spaces, automobiles, and certain drones, you agree to provide the Owner with an insurance certificate, generated by a licensed insurance provider, carrier, broker, or agent, that confirms your adequate and applicable insurance for rental of spaces, automobiles, and/or certain drones. Moonoura can not provide claim processing support or dispute resolution for the rental of spaces, automobiles, and/or certain drones.

Owners and Renters are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transaction between the Owner and the Renter. Moonoura recommends that you carefully read and understand any policy documents which may apply to a rental.

For insurance purchased from Athos Insurance (www.athosinsurance.com) on Moonoura (hereinafter, “Short Term Insurance,” “Short Term,” “Annual Insurance,” or “Annual”), insurance documents may be agreed to or generated which include but are not limited to the Application, Proof of Insurance, Complete Insurance Policy, and Invoice and Payment Receipt. Any questions about a Short Term or Annual policy purchased on Moonoura should be directed to Athos Insurance, as Moonoura is not an insurance provider, broker, or agent. Moonoura is not licensed in any state or country to be an insurance provider, broker, or agent.

By making a payment, you, the Renter of a Listing from an Owner on Moonoura, assume all responsibility and will be liable for all damage to, theft of, or loss of the Listing during the Rental Period.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Moonoura, its licensors, or other providers of such material and are protected by the United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms permit you to use the Platform for your personal, non-commercial use only. Any and all commercial use by you of the Platform must be expressly authorized by Moonoura.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows: 1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) You may store files that are automatically cached by your Web browser for display enhancement purposes; 3) You may print or download one copy of a reasonable number of pages of website for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications; and/or 6) If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not: 1) Modify copies of any materials from this site; 2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and/or 3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without Moonoura’s authorization. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: info@moonoura.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Moonoura. Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

Trademarks

Moonoura name, the term “Moonoura” the Platform or Moonoura logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Moonoura or its affiliates or licensors. You must not use such marks without the prior written permission of Moonoura. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Prohibited Uses: You may use the Platform only for lawful purposes and in accordance with the Terms. You agree not to use the Platform: 1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 3) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms; 4) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 5) To impersonate or attempt to impersonate Moonoura, a Moonoura employee, another User or any other person or entity (including, without limitation, by using email addresses, display names, usernames, social links, or bios associated with any of the foregoing); and/or 6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Moonoura or Users of the Platform or expose them to liability. Additionally, you agree not to: 1) Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform; 2) Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 3) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; 4) Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; 5) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; 6) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or 7) Otherwise attempt to interfere with the proper working of the Platform.

Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms as a court would.

You and Moonoura agree that any dispute, claim, or controversy under $25,000 in value arising out of or relating to this Agreement, whether between you and Moonoura or between you and other Users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered or conducted by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any FairClaims arbitration hearing shall be held via videoconference. You consent to electronic service of process, with service to be made to the email address we have on record for your account.

You and Moonoura agree that any dispute, claim, or controversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and Moonoura or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by the American Arbitration Association ("AAA") (https://www.adr.org) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this “Disputes (Agreement to Arbitrate)” section of the Agreement. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's services at http://www.adr.org. The arbitration shall be held in New York, NY, or at another mutually agreed location.

You or Moonoura may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Moonoura subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Moonoura, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of FairClaims Arbitration: The parties agree to split all FairClaims fees evenly, or Moonoura may elect, but is not obligated to, to cover all FairClaims fees. You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court, or other fees associated with such action.

Costs of AAA Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Moonoura for all fees associated with the arbitration paid by Moonoura on your behalf that you otherwise would be obligated to pay under the AAA's rules.

Non-Disclosure: You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims or AAA arising out of or relating to this Agreement shall be held and will remain confidential and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Moonoura, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Moonoura or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Moonoura.

Indemnification

You agree to defend, indemnify and hold harmless Moonoura, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained from the Platform.

Disclaimer of Warranties

You understand that we cannot and do not or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOONOURA NOR ANY PERSON ASSOCIATED WITH MOONOURA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER MOONOURA NOR ANYONE ASSOCIATED WITH MOONOURA REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MOONOURA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release of Moonoura and Limitation on Liability

If you have a dispute with a Moonoura User, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, any third-parties (including but not limited to related insurance carriers, insurance agents, and/or insurance companies), you release Moonoura, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands, and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

IN NO EVENT WILL MOONOURA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOONOURA AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.

YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF MOONOURA AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON MOONURA’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.

Governing Law and Jurisdiction

All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Moonoura of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Moonoura to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

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