Terms & Conditions
MOQ5 is a subsidiary of BizGo, LLC.
2727 Throckmorton Street
Ste# 126C
Dallas TX 75219
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions for sales (these “Terms”) apply to the purchase and sale of products and services through Moq5.com and buy.Moq5.com (collectively, the “Website”) by BizGo LLC or with respect to the Company’s social media pages on various third party social media platforms or through other Company channels (each, an “Other Channel,” together with the Website, collectively, the “Site”). These Terms are subject to change by MOQ5, a Texas company (referred to as the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” set forth below. You should review these Terms before purchasing any products that are available through the Site. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Site’s Terms of Use that apply generally to the use of the Site.
1. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You may cancel your order, subject to the terms set forth herein, by calling our Customer Service Department at (972) 922-8982.
2. PRICES AND PAYMENT
a. All prices, discounts, and promotions posted on the Site are subject to change without notice. The list price charged for a product will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Listed prices do not include taxes or charges for shipping and handling or insurance, if applicable. All applicable shipping and handling or insurance charges will be added to your total price and will be itemized in your order confirmation email or final invoice. We strive to display accurate price information; however, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to correct any such errors and to cancel any orders arising from such errors.
b. All prices listed on the Site are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind (including interest and penalties) imposed by any governmental authority on any amounts payable by you as a result of placing an order on the Site (collectively, “Taxes”), and you are responsible for all such Taxes. You represent and warrant that you are a reseller of any products purchased on the Site and that in connection with any orders placed on the Site, you: (i) are not obligated to pay Taxes; or (ii) have a valid resale or other exemption certificate (a “Resale Certificate”), as applicable. You agree to provide the relevant Resale Certificate or other documentation, if any, to the Company promptly upon request. The Company shall not be responsible for any Taxes if a Resale Certificate is not accepted by the applicable governmental authority, and you shall be solely liable for and obligated to pay for any Taxes assessed by a governmental authority or any other third party in connection with, arising out of, or otherwise resulting from the purchase of any products on the Site.
c. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
d. If you place an order for products, we will hold the products for a certain period of time (each, a “Grace Period”) following the date and time in which you placed the order (each, an “Order Time”) until the date and time specified by us in your order confirmation (each, a “Cut-Off Time”). In the event you modify or split an existing order during the applicable Grace Period, the Grace Period will not be extended and the modified order will be treated for all purposes as having been placed at the original Order Time. If you do not make full payment for your order and your order is not reflected as paid within our payment processing system by the applicable Cut-Off Time, your order will be automatically cancelled.
3. SHIPMENTS and Handling
a. You will pay all shipping and handling charges (and the cost of any shipment insurance, as applicable) unless otherwise specified in the order confirmation. You are responsible to correctly input your shipping address and freight option.
b. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or damage to shipments once placed with the carrier. You are responsible to select and pay for any shipment insurance.
3. MANUFACTURER’S WARRANTY AND DISCLAIMERS; LIMITATION OF LIABILITY.
a. We do not manufacture or control any of the products offered on the Site. The availability of products through the Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on the Site.
b. ALL PRODUCTS OFFERED ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
c. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
d. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
e. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE AND OUR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF: (I) WHETHER SUCH DAMAGES WERE FORESEEABLE; (II) WHETHER OR NOT WE OR OUR REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR AND OUR REPRESENTATIVES’ SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES IN QUESTION THAT YOU HAVE ORDERED THROUGH OUR SITE.
4. IMPORT AND EXPORT.
a. For Domestic Purchasers. This Section 9(a) shall apply to all purchasers domiciled within the United States. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), and the Foreign Asset Control Regulations administered by the Office of Foreign Assets control in the U.S. Department of Treasury, and supplemental regulations (collectively, “Export Regulations”). At the Company’s sole discretion, we may refuse to ship product to certain entities and/or locations in order to comply with United States laws and regulations.
b. For International Purchasers. In the Company’s sole discretion, we may refuse to ship products to certain locations outside the United States in order to comply with United States laws and regulations. All purchasers located outside of the United States agree to comply with all applicable laws and regulations of the applicable destination country for any products purchased from the Site, including without limitation all applicable import laws and regulations.
c. For All Purchasers. If you are a distributor or reseller (each, a “Distributor/Reseller”), you shall comply with all applicable export control and trade embargo laws, rules and regulations, including but not limited to the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations and the regulations as governed by the Office of Foreign Assets Control (“OFAC”), relating to the performance of your obligations hereunder, and shall not use, resell, export, re-export, distribute, transfer, dispose or otherwise deal with the products, or any spare parts, warranty items or technical data/technology related to the products, directly or indirectly, without first obtaining all necessary written consents, permits, and authorizations, and completing such formalities as may be required by any such laws, rules and regulations. Upon reasonable request, the Company shall provide Distributor/Reseller with assistance in determining the application of such laws, and in applying for necessary authorizations and completing required formalities. Failure by the Distributor/Reseller to comply with applicable export-control laws, rules and regulations shall constitute a material breach of the Agreement. Distributor/Reseller shall not do anything that would cause the Company to be in breach of the applicable export-control laws, rules and regulations, and shall protect, indemnify and hold the Company harmless from any claim, damages, liability costs, fees, and expenses incurred by the Company as a result of the failure or omission of Distributor/Reseller to comply with such laws, rules and regulations. You agree that all products purchased be shipped within all legal requirements. No products will be shipped to any OFAC-sanctioned country or territory or to any individual or entity specified as “Specially Designated Nationals” by OFAC.
5. PRIVACY
We respect your privacy and are committed to protecting it. Our privacy policy governs the processing of all personal information collected from you in connection with your purchase of products through the Site.
6. FORCE MAJEURE.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, hurricane, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
7. GOVERNING LAW.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
8. WAIVER OF JURY TRIAL AND BINDING ARBITRATION.
9. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
10. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (the “AAA Rules”) then in effect, except if modified by this section (The AAA Rules are available at https://adr.org/consumeror by calling AAA at 1-800-778-7879. The arbitration shall be governed by Texas law and shall occur at a venue to be agreed upon in writing by the parties hereto Texas. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
11. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within thirty (30) days of the date that you first accept these Terms. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
12. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. You agree that with respect to any claim or controversy excluded from arbitration pursuant to the terms of this Section or determined by an arbitrator or court of competent jurisdiction to be excluded from this Section (“Excluded Claim”), you hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York for the adjudication of any Excluded Claim, and hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed or operate to preclude a party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment or other court ruling in favor of such party. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR ANY TRANSACTION CONTEMPLATED HEREBY.
13. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. NO WAIVERS.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
16. NO THIRD PARTY BENEFICIARIES.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. NOTICES
To You: We may provide any notice to you under these Terms by: (i) sending a direct message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us: To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (972) 922-8982; or (ii) by personal delivery, overnight courier or registered or certified mail to Bizgo, LLC at 2727 Throckmorton Street, Ste 126C, Dallas, TX 75219. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
18. SEVERABILITY
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. ENTIRE AGREEMENT.
Our order confirmation, these Terms, the Terms of Use and the Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. In the event there is any conflict between the terms and conditions set forth in these Terms, Terms of Use, and the Privacy Policy, the terms and conditions most favorable to the Company shall control.
20. RETURNS AND REFUNDS.
Returns and refunds will be made in the sole discretion of the Company. Please see our terms and conditions for returns and refunds at Return policy Below.
Returns Policy
14 Days
The Company is pleased to offer our valued customers the following 14 Day Return Policy on products purchased through the Site. This policy applies to purchases from the Company.
Terms and Conditions for Returns
Please note that no customer should ever receive a device with the following defects (“Critical Defects”):
If you receive an item with a Critical Defect, you should request an RMA immediately.
Exceptions
The Company values our customers, and we are committed to helping customers with issues that might occur outside the parameters of our standard policy. These issues will also be handled on a case by case basis, in our sole discretion.
These terms of use are entered into by and between you and MOQ5 (“Company”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of Moq5.com including any content, functionality, and services offered on or through Moq5.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
MODIFICATION OF THESE TERMS OF USE
We reserve the right to change the terms, conditions, and notices under which the Website is offered, from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Dispute Resolution and Binding Arbitration sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide in any submission through the Website is correct, current, and complete. You agree that all information you provide through this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Website 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 the Company, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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 Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use or for your own legitimate business purposes as a potential or current customer of the Company, for your use in understanding and evaluating the desirability and applicability of the products and services offered by the Company for you or your business, and not for further reproduction, publication, or distribution.
If we provide links to social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
