Last Revised: August 30, 2023
Introduction and overview
Scope of Agreement
As used in this Agreement, the term “Sites” includes all websites, pages associated with or within each website, and all devices, applications, or services that FindMojo operates or offers that link to this Agreement. By accepting electronically (e.g., clicking “I Agree”), accessing, or using the Services, you agree to be bound by the terms and conditions of this Agreement, as it may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
Accepting the Terms
By using the information, tools, features, and functionality, including content, updates, and new releases provided by the Services, you agree to be bound by this Agreement, whether you are a Visitor or a Customer. You may not use any of the Services, and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of legal age to form a binding contract with FindMojo. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and Your Personal Information
Description of Services
The Services may include, among other things, training and deliverables regarding employee engagement and motivation; team dysfunction and conflict; career and employee development; talent recognition and rewards; talent retention; sales performance and psychology; and general industry education and support. FindMojo is not a law firm or substitute for advice and recommendations regarding employment law or related human resource matters.
The Services may also include using or disclosing your information to (a) collect, consolidate, track, and store your personal information; (b) make available offers for products and services, including from third parties, that may be relevant or of interest to you; (c) provide general interest offers for products or services; and (d) offer advice, tips, recommendations, and general education. These Services may be provided to you by FindMojo without charge and are meant to provide you with general topical information. Some optional features and services may require a fee. The Services may also present you with information relating to third-party products or services in which you may find interest. If you have any questions about the Services, contact us at (844) 668-4888.
Payments & Cancellation
For Services offered on a payment basis, the following terms apply unless FindMojo or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates the transaction details stated at the time of purchase, including a description of the selected Services, total price, and payment terms.
- Payments will be billed to you in U.S. dollars, and your account will be debited when you provide your payment information and authorize the transaction by indicating you have read and agreed to the terms of the sale, including this Agreement, on the website for the Services.
- You must pay with a valid credit or debit card acceptable to FindMojo, or by another payment option FindMojo provides to you in writing.
- If your payment and account information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- You may cancel the Services within seven (7) calendar days from the date of the order for a full refund. If you are not completely satisfied with your Motivator’s Assessment, you can request a full refund by emailing firstname.lastname@example.org with proof of purchase. Approved refunds will be processed within seven (7) calendar days.
Third-Party Partner Offers and Links
Some parts of the Services may be supported by sponsored advertisements from third-party partners (“Partner Offers”). The Services may display Partner Offers that may be customized or relevant to you based on information stored in the Services, queries made through the Services, information shared with advertisers, or other information. We may disclose when a particular Partner Offer is sponsored or otherwise provided by a third party. We may add or remove third-party service providers, and you understand that your information may be shared with present and future partners.
In connection with Partner Offers, the Services may provide links to other websites belonging to FindMojo advertisers and other third parties. The Services may also allow you to apply for the Partner Offer without leaving the Services’ websites. Partner Offers are provided to you as a convenience. We do not endorse, warrant, or guarantee the products or services available through the Partner Offers (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored. We are not an agent, broker, or otherwise responsible for the activities or policies of third-party websites. We do not guarantee that any Partner Offer may be best for you or meet your needs. Information in the Partner Offers is provided by the third parties, and any offer is subject to the third parties’ review of your information. FindMojo may receive compensation from third parties, which may impact the placement and availability of the Partner Offers.
Your Registration Information and Electronic Communications
You agree and understand that the information you provide forms your “Registration Information”. By providing us with your email address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Services site and/or delivered to the email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, as appropriate. Notices will be provided in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify FindMojo immediately by contacting us at (844) 668-4888 or by email address at email@example.com.
Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable us to provide the Services to you. You must provide true, accurate, current, and complete information, and you may not misrepresent your Registration and Account Information. For the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner and that you are authorized to provide us with all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, repair of the Services, or other actions that we, in our sole discretion, may elect to take. In no event will FindMojo be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Your sole and exclusive remedy for any failure or nonperformance of the Services, including any associated software or other materials supplied in connection with such services, shall be for FindMojo to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Use with Your Mobile Device
Services may be available through a compatible mobile device, Internet, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider. FINDMOJO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Communication with You
FindMojo may mail, email, call, or text you regarding your account or the Services, including notifying you of new or existing Services or offers or advertisements for third-party products or services. You may opt out of any methods or means of contacting you regarding offers or advertisements for third-party products or services.
FindMojo’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed to FindMojo or its software or content suppliers. FindMojo grants you the right to view and use the Services subject to these terms. You may download or print a copy of the information for the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use nor permit any third party to use the Site or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep-link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services without FindMojo’s express written consent, which may be withheld in FindMojo’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft® Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain any unauthorized access to any portion of the Services.
Social Media Sites
Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. FINDMOJO AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER FINDMOJO NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FINDMOJO NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
Limitations on FindMojo’s Liability
FINDMOJO SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF FINDMOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FINDMOJO’S LIABILITY TO YOU FOR ANY CAUSE, WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of FindMojo
You shall defend, indemnify, and hold harmless FindMojo and its officers, directors, shareholders, and employees from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
Ending your Relationship with FindMojo
FindMojo may at any time terminate its legal agreement with you and access to the Services if (a) you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if FindMojo, in its sole discretion, believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) for any reason and at any time with or without notice to you; or (d) immediately upon notice, to the email address provided by you as part of your Registration Information. You acknowledge and agree that FindMojo may immediately deactivate your account and delete all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that FindMojo shall not be liable to you or any third party for any termination of your access to the Services.
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. FindMojo reserves the right to change the Services, including applicable fees, at our sole discretion and from time to time. In such event, if you are a paid user of the Services, and modifications are material changes, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change will constitute your agreement to such change. You agree that FindMojo shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Any changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement may indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after such changes are published.
Governing Law and Forum for Disputes
Utah state law governs this Agreement without regard to its conflicts of laws provisions.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to FindMojo, 260 S. 1200 W., Orem, UT 84058. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules. FindMojo will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive the expiration, termination, or rescission of this Agreement.