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 website located at www.sourcingmojo.com (the “Website”). The term Website as used herein includes all urls within the sourcingmojo.com domain. These Terms and Conditions apply to your use of the Website and your purchase of Services. Additional terms for particular Services may apply and shall be set forth on the order page for such Service. By purchasing any such Service 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. You will be required to create a user account in order to purchase Services via the Website. In creating your user account, you agree to provide complete and accurate information and 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 all activities that occur thereunder.
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.
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 Website and Services are provided on an “As-Is”, “as available” basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose 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 Website 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 Website 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 any third party via any relationship that may have in any way been facilitated by Sourcing Mojo will meet your needs or expectations.
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.
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.
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 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.
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 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.