Terms of Use

Important Information About This Website

This Website is provided by MOVA International. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes acceptance of these terms.

Ownership

This site is owned and operated by MOVA International. The content and organization of this site are protected by applicable domestic and international intellectual property laws, including copyright and trade-mark laws. No material on this site may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without our express written permission. You may print and download portions of material from this site solely for your own personal, non-commercial use, provided that you agree not to change or delete any copyright or proprietary notice from the materials. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Website, please notify MOVA International immediately at the following address: MOVA International, 5703 Oberlin Dr. Ste. 107, San Diego, CA 92121 Attention: Legal Department.

Use of this Site

You may not use this site to do any of the following:

  • Provide false information on your registration or otherwise, or impersonate someone else.
  • Post, store, transmit, or distribute any threatening, abusive, libelous, defamatory, obscene, or objectionable materials of any kind, including anything constituting or encouraging a criminal offence, giving rise to civil liability, or otherwise violating any laws.
  • Post any non-public information without the proper authorization to do so.
  • Place any scripting in online postings or otherwise.
  • Post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm or other harmful or disruptive component.
  • Upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or rightholder.
  • Use the site in any manner that may be construed as competitive or otherwise harmful to MOVA International

If you do any of the above, we may in our sole discretion terminate or suspend your registration immediately without notice to you.

We reserve the right for any reason to remove without notice any contents of this site received from you. Further, we reserve the right to edit any notices or postings for clarity and length or as we see fit.

You agree that upon posting information on this site, you grant MOVA International and its successors and assign a non-exclusive, world-wide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising.

Right to Terminate

We may in our sole discretion terminate or suspend any users registration immediately without notice to you if you breach these Terms of Use or if we are unable to verify or authenticate any information you provide to us. We reserve the right in our sole discretion to deny any person access to this site or any portion thereof without notice.

System Integrity

The use of any device, software or routine that interferes or attempts to interfere with the proper working of this site is expressly prohibited. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. In any case, you remain solely responsible for any authorized or unauthorized use of your password.

Disclaimer of Liability

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOVA INTERNATIONAL DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER MOVA INTERNATIONAL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH MATERIALS OR TO WHOM SUCH MATERIALS MAY BE FURNISHED, FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY MATERIALS PROVIDED IN THIS SITE. MOVA shall not be liable for damages of any kind related to your use of or inability to access this website.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on MOVAGlobes.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a MOVA product is listed at an incorrect price due to photographical error or typographical error, MOVA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MOVA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MOVA shall issue a credit to your credit card account in the amount of the incorrect price.

Availability

At MOVA, we go out of our way to have all our products in stock. Please understand that some items are offered in limited quantities and, because of their limited availability, stock may not be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on MOVA is discontinued, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 888-552-6682.

Product Information

MOVA products displayed on the website are available at retailers world-wide. The prices displayed on the website, however, are quoted in U.S. Dollars and are valid and effective only in the United States. Keep in mind, MOVAGlobes.com carries the full selection of products, many of which may not be available in other countries or in all shops carrying MOVA Globes.

Pricing

Most MOVA products displayed on the website are available in select retailers across the world. In some cases, web merchandise may not be available in every country. Stores may also have different prices or promotional events at different times. Sale prices on the website are Internet-only specials and do not reflect the pricing at stores carrying MOVA Globes.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Your Communications to MOVA

MOVA likes to hear from you. However, in your communications with MOVA, please keep in mind that MOVA does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, any creative or original materials such as ideas for features or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information that you may transmit to us will become the property of MOVA, for use by MOVA, with no requirement for MOVA to provide you a license or right of any kind to such creative or original material. Any communication or material you transmit to the Web site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by MOVA or its affiliates or licensed to others by MOVA or its affiliates for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MOVA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Indemnification

You agree to indemnify, defend and hold MOVA International and its affiliates, content and service providers harmless for any liability, loss, claim and expense (including reasonable attorneys' fees) related to your violation of these Terms of Use or use of this site.

Modification

The provisions contained in these Terms of Use may be amended from time to time by us in our sole discretion by posting a new Terms of Use on this site. The amended terms shall be effective 15 days after they are initially posted.

Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of California. All legal proceedings arising out of or in connection with these Terms of Use shall be brought in San Diego, California and you expressly submit to the jurisdiction of the courts of San Diego, California.

Non-waiver

Failure of us to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Should any portion of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of us, and the remaining portions shall remain in full force and effect.

Links

MOVA has not reviewed all of the sites linked to this Web site and is not responsible for the contents of any off-site pages or any other sites linked to this Web site. The inclusion of any link to such sites does not imply endorsement by MOVA of the sites. Your linking to any other off-site pages or other sites is at your own risk.

General Provisions

MOVA controls and operates this web site from its headquarters in San Diego, California and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web site from other locations you are responsible for compliance with applicable local laws. MOVA products are available in many parts of the world. However, this Web site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

MOVA International (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or

application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than

those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of MOVA Globe products and promotions.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support InstructionsFor support regarding the Program, text “HELP” to the number you received messages from or email us at support@movaglobes.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

-              Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-              Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-              Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-              Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-              Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-              Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Diego, CA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which MOVA International’s principle place of business is located, without regard to its conflict of laws rules.

Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless

to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Copyrights

You should assume that everything you see or read on the Web site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Web site without the written permission of MOVA. MOVA neither warrants nor represents that your use of materials displayed on the Web site will not infringe rights of third parties not owned by or affiliated with MOVA. Images, photographs, illustrations, video, or animation displayed on the Web site are either the property of, or used with permission by, MOVA. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

MOVA® is a registered trademark in USA and a registered CTM in Europe of TurtleTech Design, Inc. All rights reserved.

Third Party Trademarks

Third party trademarks, trade names, product names and logos, contained in this Web site may be the trademarks or registered trademarks of their respective owners.

Contact Information If you have any questions about these Terms of Use, the practices of MOVA International, or your dealings with this site, please contact us through one of the ways listed below.

1) Use the Contact Form located on the Contact page of this site.

2) Via the US Postal Service, send us a letter to:

MOVA International
5703 Oberlin Dr. Ste 107
San Diego, CA 92121

We would like to receive any comments or questions about this Terms of Use Policy. Please address your comments or questions to one of the addresses listed above (for online, e-mail, or postal mail). We may occasionally update, amend, or change this Terms of Use Policy based on user feedback and as needed or appropriate. Notice of revisions will always be posted on this Terms of Use web page.