Please read the following terms and conditions which govern your use of  and access to the website located athttp://www.mokinetworks.com (the  “Website”) and your relationship with Moki Networks LLC, its affiliates  and subsidiaries associated with this Website (collectively  “MokiNetworks”). Your use of this Website denotes your acceptance to the  terms and conditions herein and the MokiNetworks Privacy Policy. IF YOU  DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Modifications to these Terms of Use.

MokiNetworks may change the terms and conditions herein from time to  time and at any time without notice to you by posting such changes on  this Website. By using this Website after any changes to these terms and  conditions, you agree to be bound by any such changes. Please  periodically visit this section of the Website to review the current  version of these Terms of Use.

International Information.

This Website may be accessed by users internationally and may contain  reference or cross references to MokiNetworks products, programs and  services that are not available in your country. Such references do not  imply that MokiNetworks intends to make available in your country such  products, programs or services or that such product may lawfully be used  in or imported into your country.

Modifications to the Website.

MokiNetworks reserves the right to modify, revise, or discontinue the  Website, or any features, functionality or services provided as part of  or in connection with the Website, without prior notice.

Linking and Framing.

You are permitted to view the Website only in its full presentation form  and are prohibited from “framing” the Website.

A. CONTENT

Website Content.

All text, graphs, audio, video and other content appearing on this  Website are the property of MokiNetworks or MokiNetworks’s licensors.  Except as my otherwise be provided for under the Website, MokiNetworks  does not grant you a license to any information, data, software,  photographs, graphics, features or other materials (collectively the  “Content”) you may access on this Website, including, without  limitation, any patent, copyright, trademark, service mark or other  intellectual property of  MokiNetworks or any third party. EXCEPT AS MAY  OTHERWISE BE EXPRESSLY PROVIDED FOR IN THE WEBSITE, YOU MAY NOT FOR ANY  PURPOSE DOWNLOAD, DISTRIBUTE, REVERSE ENGINEER, EXCHANGE, MODIFY, SELL,  RENT, LOAN, TRANSMIT, OR SAVE A COPY OF ANY OF THE WEBSITE SCREENS OR  CONTENT, EXCEPT AS OTHERWISE PROVIDED HEREIN. UNAUTHORIZED USE OF THE  MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF  APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO  COPYRIGHT, TRADEMARK, OR PRIVACY LAWS. The use of any Content for  commercial purposes is expressly prohibited. Nothing contained herein  shall be construed as conferring by implication, estoppel or otherwise  any license or other grant of right to use the Content except as  expressly provided herein.

MokiNetworks Products.

MokiNetworks reserves the right without prior notice to discontinue  products and other items or change specifications at any time without  notice or liability to any third party.

Third Party References.

References to any product, recording, event, process, publication,  service, or offering of any third party by name, trade name, trademark  or otherwise does not necessarily constitute or imply the endorsement or  recommendation of such by  MokiNetworks. Any views expressed by third  parties on this Website are solely the views of such third party and   MokiNetworks assumes no responsibility for the accuracy or veracity of  any statement made by such third party.

Design and Layout.

The design of this Website are property of  MokiNetworks. Elements of  the Website, including, without limitation, logos, graphics, sounds or  images, are protected by copyright, and other laws, and may not be  copied or imitated, unless specifically indicated.

Objectionable Content.

You acknowledge that by using the Website, you may access content that  you may consider offensive, indecent or objectionable. It is your  responsibility to evaluate, assess, and bear any risk, associated with  the use of any Content.

Software.

Any software referenced on the Website is copyrighted work of  MokiNetworks and/or its suppliers or licensors. Use of such software is  governed by the terms of any end-user license agreement that accompanies  or is included with the software (“EULA”). Copying the software to any  other location for further reproduction or redistribution is expressly  prohibited, unless otherwise permitted by the terms of the EULA.

Links to Third Party Websites.

This Website may contain links to or be access through links on world  wide websites of third parties. Such third parties are not agents of  MokiNetworks. MokiNetworks does not have responsibility for the  contents, availability, operation or performance of websites of  MokiNetworks third parties, or any other web sites to which this Website  may be linked to or from which this website may be accessed.  MokiNetworks does not author, edit or monitor these links or web sites.  You acknowledge and agree that MokiNetworks is not responsible or  liable, directly or indirectly, for any damage or loss caused or alleged  to be cause by or in connection with your use of or reliance on any  such content available on external web sites or sources.

B. FORUMS; USER POSTED CONTENT

Forums and User Submissions.

You may be allowed to post materials or information (including, without  limitation, resumes, personal information, graphics, images, opinions,  comments, questions, product feedback, audio, and musical recording) on  certain portions of the Website (“User Submission(s)”). A User  Submission is intended to be publicly available to all users of the  Website. By using these areas of the Website and posting or transmitting  to MokiNetworks for posting such User Submissions, you thereby  acknowledge and agree that all User Submissions are publicly available  to any viewer of the Website. You further acknowledge and agree that  MokiNetworks shall have no responsibility, liability, or obligation to  you with regard to the User Submissions, its protection, its use or  misuse in anyway whatsoever by any entity, including but not limited to  MokiNetworks itself. Without limiting the foregoing, you agree that the  User Submissions are exempt from the application of MokiNetworks Privacy  Policy and MokiNetworks has no obligation to maintain the privacy of  any User Submissions.

Monitoring User Submissions.

MokiNetworks does not pre-screen or have an obligation to monitor User  Submissions. However, You acknowledge and agree that MokiNetworks shall,  in its sole discretion, retain the right to monitor the Website and  refuse to post, edit, move or remove any User Submissions, in whole or  in part, that MokiNetworks, in its sole and absolute discretion, deems  unacceptable, undesirable, inappropriate or in violation of these Terms  of Use. MokiNetworks may also disclose any information, as it may deem  necessary or appropriate to satisfy any law, regulation or other  governmental requires to operate the Website properly, to protect  MokiNetworks, its customers or users of the Website. MokiNetworks does  not accept any responsibility or liability for the accuracy of or  omissions in any User Submissions. Inclusion of User Submissions on this  Website does not imply any endorsement by MokiNetworks of the User  Submissions.

Use of User Submissions.

MokiNetworks is not involved in any transactions between the users who  submit User Submissions, and the users who view or use such information.  Without limiting the generality of foregoing, MokiNetworks is not  responsible for any employment, hiring, purchase, lease, rent or other  decisions whatsoever made by any person or entity with regard to the  User Submissions contained in the Website. Further, please note that  MokiNetworks cannot confirm that anyone is who they say they are. You  assume all risks relating to and dealings you may undertake with anyone  you encounter through the Website.

User Conduct.

By posting User Submissions to the Website, you agree to the following  conduct guidelines and warrant that:

You will not post anything on the Website that violates the intellectual  property rights of others, including any patents, copyrights,  trademarks, trade secrets, rights of privacy, rights of publicity, or  moral rights. If you believe that any User Submission infringes your  copyrights, you may provide a notification of claimed copyright  infringement to MokiNetworks.

You will not impersonate any other person, or submit false or inaccurate  information about yourself. Your account registration must contain  complete and accurate information, including yoru real name.

You will not post any threatening, harassing, libelous, false,  misleading, defamatory, offensive, obscene, or pornographic material, or  any material that would violate any applicable laws or regulation.

You will not post any chain letters or “spam.” You also will not post  any advertising, surveys, promotional materials, contents, or any other  form of solicitation except in areas specifically designated for such  purposes.

You will not post serial numbers, activation keys, “cracks,” or any  other information intended for software piracy or unlicensed use of  software.

You will not post any threatening, harassing, insulting, defamatory or  offensive text about another user.

You will not post, upload, transmit, or distribute any content or post  any links to third party websites that contain software viruses or any  other code, files, or programs designed to interrupt, destroy, modify or  limit the functionality of another computer, software or the Website.

License to use User Submissions.

By submitting User Submissions for publication on the Website, you grant  to MokiNetworks, and its subsidiaries and affiliates, a perpetual,  worldwide, royalty-free, irrevocable, sublicense-able, non-exclusive  right to use, reproduce, display, modify, distribute, and create  derivative works based upon (in any format whatsoever) the User  Submissions for any purpose. You also hereby authorize any third party  who lawfully accesses the User Submissions via the Website to make an  electronic copy or print in hard copy the User Submissions, or portion  thereof, solely for such third party’s internal reference purposes  within such third party’s organization.

Links within User Submissions.

If your User Submission includes links to internet sites (“Posted  Links”), you are deemed, to the extent you are able, to grant to  MokiNetworks a worldwide, royalty-free, sublicense-able, non-exclusive  right to display the Posted Links for so long as the User Submission is  available on the Website. MokiNetworks requires that Posted Links be  restricted to home pages, and not “deep links,” unless the Posted Link  is to an internet site that you own, operate, or to which you are  otherwise authorized to link. MokiNetworks reserves the right in its  sole discretion to remove any Posted Links for any reason whatsoever.  Inclusion of any links (Posted Links or others) in User Submissions does  not imply any endorsement by or responsibility of MokiNetworks with  regard to the contents of sites related to Posted Links.

User Feedback.

Except for User Submissions and personal information, if you transmit or  otherwise provide to MokiNetworks any feedback (such as questions,  comments, suggestions, or the like) or data or materials (“User  Feedback”), such User Feedback shall be deemed to be non-confidential  and non-proprietary. MokiNetworks shall have no obligation of any kind  with respect to such User Feedback and shall be free to reproduce, use,  disclose, modify, display and distribute the User Feedback to others  without limitation. By transmitting such User Feedback to MokiNetworks,  you are deemed to grant MokiNetworks a perpetual, worldwide,  royalty-free, irrevocable, non-exclusive license (with rights to  sublicense) to use any ideas, concepts, know-how or techniques contained  in such User Feedback for any purpose whatsoever, including but not  limited to developing, manufacturing and marketing products  incorporating such User Feedback.

C. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION

Disclaimer.

THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF  INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS.  SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,  BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY,  RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF  INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF  NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES  OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,  INTRRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,  COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR  UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR  BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF  ACTION. ANY OCNTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH  THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT  RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION,  WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM MOKINETWORKS THROUGH OR  FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE  TERMS AND CONDITIONS.

NEITHER MOKINETWORKS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS,  ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO  YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,  CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES  FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES  (EVEN IF MOKINETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR  INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF  PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,  DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED  OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS  TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR  CONDUCT OF MOKINETWORKS OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT  OF ANY BREACH OF ANY WARRANTY.

Because some states do not allow the exclusion of limitation of  liability for consequential or incidental damages, the above limitation  may not apply to you. In such states, the respective liability of  MokiNetworks, its employees, agents, successors, assigns, affiliates,  and content or service providers is limited to the maximum extent  permitted by such state law.

Reservation of Rights.

All Content made available on the Website shall be deemed and remain the  property of MokiNetworks, and MokiNetworks shall be free to use, for  any purpose, any ideas, concepts, know-how or techniques contained in  any information or Content which any user makes available through this  Website. MokiNetworks shall not be subject to any obligations of  confidentiality regarding submitted information, except as agreed by  MokiNetworks in writing or required by law.

Indemnity.

You agree to indemnify and hold MokiNetworks harmless from any and all  claims, liabilities, costs and expenses, including reasonable attorneys’  fees, arising in any way from your use of the Website or the placement  or transmission of any message, information, software or other materials  through the Website by you or any user of your account or related to  any violation of these terms and conditions by you or any users of your  account.

Violations of Terms of Use.

You acknowledge that MokiNetworks has the right, in its sole discretion,  to terminate your access to the Website, without liability to you or  any third party, if you violate any of these Terms of Use, violate the  rights of MokiNetworks, interfere with any other user’s access or use of  the Website, or if MokiNetworks decides that your use is otherwise  detrimental to MokiNetworks, the Website, or MokiNetworks’s suppliers or  licensors. If you believe that someone has violated these Terms of Use,  you may contact MokiNetworks at legal@mokinetworks.com. MokiNetworks  may decide, in its discretion, to investigate the report and decide, in  its sole discretion, to take any action relating to that report.  MokiNetworks does not have any obligation or liability to you for the  performance or nonperformance of those activities.

Copyrights and Trademarks.

Except where otherwise specified, the contents of the Website are  Copyright © 2009 MokiNetworks, Inc. All rights reserved. The  MokiNetworks™ Logo is a trademark of Moki Networks LLC.

The contents of the Website are subject to protection under U.S. and  foreign copyright laws. You are not permitted to use the copyrighted  content outside the normal functions of the Website without prior  written consent of MokiNetworks.

All other marks and names mentioned herein may be trademarks of their  respective companies.

Please direct any questions or comments to MokiNetworks in the form of  an email (inquiries@mokinetworks.com).

Google, Google App Engine and its logo is copyrighted by google.com

AWS and Amazon and its logo(s) are copyrighted by amazon.com

Force.com and salesforce and its logo is copyrighted by salesforce.com

Consent to Electronic Form of Contract.

BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO  THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE  PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions,  in printed or electronic form, shall be admissible in judicial or  arbitration proceedings, to the same extent and subject to the same  conditions as other documents and records generated and maintained in  written form. Your consent to electronic form extends to all written  notices sent by MokiNetworks. You acknowledge that you have the  necessary hardware and software to access these provisions as posted on  MokiNetworks’s web sites and will maintain such hardware and software  throughout your use of this Website. You may remove your consent to the  electronic form of contracting with MokiNetworks, but in that event, you  must provide notice pursuant to these provisions and your authorization  to use and access this Website is immediately terminated.

General.

The laws of Utah and the United States shall govern use of this Website.  Users agree that any action, suit, or proceedings arising from or  related to use of the Website shall be brought exclusively in the  federal or state courts in the State of Utah without regard to choice of  law or conflicts of law provisions. The failure of MokiNetworks to  exercise or enforce any right or provision of these terms and conditions  shall not constitute a waiver of such right or provision. If any  provision of these terms and conditions is found by a court of competent  jurisdiction to be invalid, the parties nevertheless agree that the  court should endeavor to give effect to the parties intentions as  reflected in the provision, and the other provisions of these terms and  conditions shall remain in full force and effect.