Terms and Conditions
NS&CO STRATEGIC LIMITED – Terms and Conditions
Your Use of the Website
The Services are currently made available via Sourcing Mojo’s websites located at www.sourcingmojo.com and www.sourcingallstars.com (each a “Website” and collectively the “Websites”). The term Websites as used herein includes all urls within the sourcingmojo.com and sourcingallstars.com domains. These Terms and Conditions apply to your use of the Websites and your purchase of Services. Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”). Such Additional Terms for the particular Services shall be set forth on the order page for such Service. By purchasing any such Services, you agree that such Additional Terms are incorporated by reference into these Terms and Conditions and that you shall be bound by any such additional terms. If there is any conflict between these Terms and Conditions and any such Additional Terms, the additional terms will control for that particular Service, unless the Additional Terms expressly state that these Terms and Conditions will control.
You will be required to create a user account in order to purchase Services via the Websites. In creating and maintaining your user account, you agree to provide and continue to provide complete and accurate information including a valid email address. You agree to update all such information as may be necessary to ensure that the information remains accurate. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for your account and all activities that occur thereunder including any harm or damage (to us or anyone else) caused by someone using your account without your permission.
This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting [email protected]. We may request some information from you to confirm that you are indeed the owner of your account.
You must be at least 18 years of age to create an account on the Website and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.
The Websites and the Course are owned and operated by Sourcing Mojo. All right, title and interest in and to the materials provided on the Websites including without limitation those which are part of the Course, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Sourcing Mojo or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Sourcing Mojo, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Websites shall be construed to confer any license under any of Sourcing Mojo’s intellectual property rights, whether by estoppel, implication or otherwise. Sourcing Mojo does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Sourcing Mojo. Any rights not expressly granted herein are reserved by Sourcing Mojo.
Sourcing Mojo hereby grants you permission to download, view, copy and print the Course and/or Materials through any stand-alone computer, mobile device, Tablet or other internet enabled electronic devices solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms and Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
License to Use. Sourcing Mojo grants you a limited, personal, non-exclusive, non-transferable license to use our form documents provided with the Course (the “Forms”) for your own personal, internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited. By obtaining Forms through the Website and/or in connection with Services, you agree that the Forms may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Sourcing Mojo.
Sourcing Mojo strives to keep all of its Forms including sample agreements accurate, current and up-to-date. However, because business conditions and the law changes rapidly, Sourcing Mojo cannot guarantee that any or all of the information on the Websites or Applications is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information, Forms or tools like the kind Sourcing Mojo provides can fit every circumstance. Furthermore, any information contained on the Websites, the Forms and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. neither Sourcing Mojo nor Nate Sedgwick are attorneys or a law firm. Neither Sourcing Mojo nor its principal Nate Sedgwick recommends or advises that you to use any of Materials including without limitation the Forms without first consulting with an attorney in your area. Additionally, none of the contents or Materials on the Websites or provided with the Course including the Forms are legal documents were created in consultation with and/or reviewed by attorneys. The Materials and Forms should not be used as legal documents without the guidance of a qualified attorney.
This Website, the Course, the Forms and any tools or Applications are not intended to create any attorney-client relationship and your use of Sourcing Mogo does not and will not create an attorney-client relationship between you and Souring Mojo.
Third Party Service Providers and Manufacturers
Certain Services provided hereunder may involve Sourcing Mojo identifying to you third parties who are engaged in the business of designing, manufacturing, testing, shipping, etc. products. Sourcing Mojo may facilitate your ability to directly engage with such third parties; however, in no event shall Sourcing Mojo be responsible for the services or goods provided by or the conduct of any such third party.
Links to Third Party Sites.
The Websites and Applications may contain links to websites controlled by parties other than Sourcing Mojo (each a “Third-Party Site”). Sourcing Mojo may work with partners and affiliates whose sites may be linked with Sourcing Mojo. Sourcing Mojo may also provide links to other citations or resources with whom it is not affiliated. Sourcing Mojo is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. Sourcing Mojo makes no guarantees about the content or quality of the products or services provided by such sites. Sourcing Mojo is not responsible for webcasting or any other form of transmission received from any Third-Party Site. Sourcing Mojo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sourcing Mojo of the Third Party Site, nor does it imply that Sourcing Mojo sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Sourcing Mojo is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Independent Contractor Status.
Nothing contained herein shall be deemed to create a partnership or joint venture between you and Sourcing Mojo, it being expressly understood that all Services provided by Sourcing Mojo are provided in the capacity of an independent contractor.
Disclaimer of Warranties; Limitation of Liability. The Websites, and all Materials, documents including without limitation the Forms provided in the Course and/or on or through your use of the Websites, Applications and Services are provided on an “As-Is”, “as available” basis to the fullest extent permitted by law without warranty of any kind whether express or implied and all warranties of merchantability or fitness for a particular purpose, title or non-infringement are specifically disclaimed. Sourcing Mojo (and its owners, affiliates, employees and agents) shall not be liable for any loss resulting from the unavailability of the Website. Sourcing Mojo does not represent or warrant that (i) the Websites, Applications, Materials and/or Services will meet your requirements, (ii) the Website, and/or Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your use of the Websites, Applications, Materials offered through the of the Website, Applications and/or Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you from or through the Websites, Applications, Services or in reliance on the Materials will meet your expectation, (v) the quality of any products, services information or other materials purchased or obtained by you from or through any third party via any relationship that may have in any way been facilitated by Sourcing Mojo will meet your needs or expectations.
Obtaining any Materials through the use of the Websites or any Applications is done at your own discretion and at your own risk. Sourcing Mojo shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, Forms, Materials, information or software.
In no event shall Sourcing Mojo be liable to you for any special, consequential, incidental, punitive or indirect damages, losses, costs or expenses of any kind or any lost or imputed profits arising hereunder; however caused, and whether based in contract, tort (including negligence), products liability or any other theory of liability regardless of whether Sourcing Mojo has been advised of the possibility of such damages, losses, costs or expenses. You waive any claim that these exclusions deprive you of an adequate remedy. Sourcing Mojo’s total liability to you shall not exceed the fees paid or payable by you to Sourcing Mojo hereunder within the one-year period immediately preceding the date that the alleged wrongful act first occurred.
Certain jurisdictions do not allow the exclusion of implied warranties and/or the exclusion or the limitation of liability for consequential or incidental damages and so certain of the above exclusion and limitations may not apply to you. In such an event, Sourcing Mojo’s liability shall be limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold Sourcing Mojo (and its owners, officers, directors, managers, employees and agents) harmless, from and against any and all, actual or threatened, third party claims, liabilities, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly or arising from or relating to your actual or alleged (a) breach by you of these Terms and Conditions or (b) violation of any applicable law or regulation or (c) wrongful act or omission.
Payments, Credits and Refund
You agree to pay the fees for the Services you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as direct debit, or mobile wallet) for those fees. Sourcing Mojo works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Course, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Services for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will applicable towards other Services with are available through on our website. In the event that Sourcing Mojo offers a credit toward the use of other Services with the purchase of the Course and such credit has been applied to such other Services, any fees paid in connection with the Course is non-refundable. Credits may expire if not used within the specified period and have no cash value. In the event that Sourcing Mojo provides you with a refund on the Course, any offered credit toward Services will be revoked immediately null and void.
Notwithstanding the Disclaimer of Warranty and Limitation of Liability above, if the Course you purchased is not what you were expecting, you can request, within 7 days of your purchase of the Course, that Sourcing Mojo credit/refund your account. The seven (7) day refund policy or “satisfaction guaranty” shall apply only if you have consumed, viewed or used less than twenty five percent (25%) of content and have not downloaded any Forms. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased the Course. No credit or refund is due to you if you request it after the 7-day time limit has passed.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms and Conditions, you will not be eligible to receive any credit or refund.
Compliance with Intellectual Property Laws
When accessing Sourcing Mojo or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Websites is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your Sourcing Mojo user account.
Governing Law and Jurisdiction; Attorney Fees.
The rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Ohio without reference to conflict of law principles. Each party consents to the exclusive personal jurisdiction of the state and federal courts located in Hamilton County, Ohio and you waive any defense of lack of personal jurisdiction or improper venue or forum non-conveniens to any claim brought in such courts. In any legal proceeding relating to a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of legal fees and costs.
Modification of Terms. Sourcing Mojo reserves the right to modify these Terms and Conditions by posting such modifications to the Website. You are responsible for regularly reviewing these Terms and Conditions and your continued use of any Service after any such modification to these Terms and Conditions shall constitute your consent to such changes. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use the Websites or the Course referenced herein.
Feedback. If you choose to provide Sourcing Mojo with ideas or suggestions regarding the Website or any Service, you agree that Sourcing Mojo is free to use any such ideas and suggestions for any purpose, including, without limitation, developing, improving and marketing products and services, without any liability or payment of any kind to you.
Notices. Any notice, communication or statement required to be provided by Sourcing Mojo shall be sent to the then current email address associated with your user account and you shall be deemed to have received such notice upon the sending by Sourcing Mojo.
Successors and Assigns. You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer the Services or your obligations under these Terms and Conditions without Sourcing Mojo’s written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void ab initio and unenforceable. In the event of any such valid assignment, then the terms hereof shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms and Conditions terminate upon your death.
Inquiries. By using the services or accessing the Website or Applications, you acknowledge and agree that submitting your telephone number to Sourcing Mojo Websites or Applications constitutes and inquiry to Sourcing Mojo and that Sourcing Mojo may contact you at the number submitted even if such number appears on any State or Federal Do –Not Call Lists (taking into account inquiry exception time frames as appropriate).
Right to Refuse. You acknowledge that Sourcing Mojo reserves the right to refuse service to anyone and to cancel access to the user account and any other contents or features at any time in its sole and absolute discretion for any reason and without providing a refund of any amount. This includes but shall not be limited to the right to terminate your access to the Course as well as the exclusive Sourcing Mojo Facebook group
201 East Fifth Street, Suite 1900 Cincinnati, Ohio 45202.
Survival. Any provisions of these Terms and Conditions that contemplate their continuing effectiveness, including but not limited to the provisions relating to Disclaimer of Warranties; Limitation of Liability, Indemnification, Jurisdiction Copyrights, Trademarks, Legal Actions and Governing Law; Attorneys’ Fees shall survive expiration or termination of these Terms and Conditions.
Entire Agreement. These Terms and Conditions (and all other terms incorporated by reference herein) embodies the entire understanding between you and Sourcing Mojo pertaining to the subject matter hereof and supersedes all previous and contemporaneous agreements, whether oral or written. If any provision (or part thereof) set forth herein is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions shall remain in full force and effect and bind the parties according to its terms.
Legal Actions. No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Personal Use. The Websites are made available for your personal use on your own behalf.
Children. Minors are not eligible to use the Websites or Applications and we ask that they do not submit any personal information to us.
Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © NS& CO STRATEGIC LIMITED dba Sourcing Mojo ALL RIGHTS RESERVED.
Trademarks. Sourcing Mojo, Sourcing Mojo.com, sourcingallstars.com, the bi colored “sourcing mojo” logo, “sourcing all stars” logo all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Sourcing Mojo. All other trademarks, product names and company names or logos cited herein are the property of their respective owner(s)