Welcome to Mobius Materials! These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of the website at https://www.market.mobiusmaterials.com and other digital products and services (“Services”) offered by Mobius Materials, Inc., a Delaware corporation (the "Company”, “Mobius Materials”, “we,” or “us”).
These terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Mobius Materials by binding individual arbitration. By using the Services, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services.
Using Mobius Materials’ Services
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Registration and Your Account
You will need to sign up for a user account to use some of our Services. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. If you are creating an account on behalf of a business, you represent and warrant that to us that you are authorized to agree to these Terms on behalf of such Business.
You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password. Mobius Materials cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Purchases from Mobius can be made in two ways; by submitting an order through our automated system on our website or by submitting a Purchase Order in writing directly to Mobius. All Purchase Orders must be accepted in writing by Mobius to be considered valid. Written Purchase Orders submitted to Mobius must be emailed to firstname.lastname@example.org.
If you purchase any goods or products ("Products") through our Services, you agree to pay all applicable fees, duties and taxes. By providing your payment information to our third-party payment processor or submitting a Purchase Order to us, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information. All payments will be made in U.S. dollars.
You will receive an invoice at the time of shipment (unless otherwise agreed and described below) which shall be payable to Mobius before shipment. All payments shall be made in U.S. dollars. Each invoice will include: (a) the applicable Purchase Order or Order number; (b) the applicable SKU; (c) quantity; (d) shipment date and delivery location; (e) price per unit; (f) applicable duties and taxes; and (g) total amount due.
With written agreement by Mobius, you may also pay the invoiced amount to a third party escrow service (the "Escrow Service") mutually agreed upon in writing by both parties. The full amount shall be payable to the Escrow Service before shipment. After written approval of the Products following the Inspection Period (described below), the payment will be released to Mobius through the escrow account. In the event the Products are not accepted, the money will remain under the control of the Escrow Service until the point at which the Products are returned and accepted by Mobius. Use of an Escrow Service is subject to additional terms and conditions in an applicable escrow agreement among Mobius, you, and the third party escrow service.
Products sold through the Services are offered by other users or other third parties and the Company does not manufacture or control any of the Products offered on our site. We are not responsible if information made available on this site is not accurate, complete or current. The availability of any Product listed for sale through the Services does not imply our endorsement of those Products. We do not represent, warrant, or guarantee that Product descriptions are accurate, complete, reliable, current or error-free. Any returns, refunds, exchanges must be made in accordance with our Return Policy.
Prices for the Products will be specified by Mobius on its website. You will be charged the applicable price for the Products specified on the website on the date your order is submitted. We strive for accurate pricing of the Products sold through the Services. However, occasional errors or mistakes may cause inaccurate prices to appear. We have the right to void any purchases that display an inaccurate price. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you.
Shipping and Delivery of Products
Delivery of your products will be EXW (Incoterms 2010) to the delivery location specified as the shipping address. You will pay the shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We may make partial shipments of Products to you. Each shipment constitutes a separate sale, and you will pay for the units shipped whether such shipment is in whole or partial fulfillment of your purchase. Mobius is not liable for any loss or damage arising from a delay filling any order, failure to deliver or a delay in delivery. No delay in the shipment or delivery of any Products relieves you of its obligations under this Agreement, such as your obligation to accept delivery of any remaining installment(s) of Products.
Title and risk of loss pass to Customer upon delivery of the Products at the applicable delivery location.
Return Policy & Inspection
Products sold through the Services are final sale, non-cancellable, and non-refundable, unless the Product is nonconforming. Nonconforming means anything that falls outside of the manufacturer’s specifications. If you have received a nonconforming Product, please contact us by e-mail at email@example.com.
You must inspect the Product within 7 days of receipt (“Inspection Period”) and either accept or reject the Product. You will be deemed to have accepted the Product unless you notify us in writing of any nonconforming Products during the Inspection Period and send written documentation of the issue to firstname.lastname@example.org. If you notify Mobius of any nonconforming product in a timely manner, we shall determine whether the Products are nonconforming Products. If they are nonconforming Products, we will (i) replace them with conforming Products, or (ii) refund the price for the Products, together with all shipping and handling expenses you incurred in connection with the transaction. The provisions of this Section shall be your sole and exclusive remedy with respect to any nonconforming Products.
Your Use of the Services
Subject to these Terms, Mobius Materials grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mobius Materials, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Mobius Materials and its affiliates.
You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Mobius Materials’ intellectual property, including but not limited to Mobius Materials’ name or any of Mobius Materials’ trademarks, logos, domain names, other distinctive brand features, or copyrights.
The Services allow you to post content, including information about electronics components, images, and other materials. Anything that you post or otherwise make available on the Services is referred to as "User Content." By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. You retain all rights in, and are solely responsible for, the User Content you post to the Services.
You grant Mobius Materials and its affiliates, licensees and sublicensees a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.
By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third-party.
By providing User Content through the Services, you further represent and warrant to Mobius Materials that such User Content, including but not limited to, the quantity and condition of Products to be listed, is true and accurate at all times, and that you have permission or are authorized to provide this information to Mobius Materials.
You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or our policies.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third-party. Such restriction includes conduct which is unlawful, or which may, in Mobius Materials’ sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services. Additionally, Mobius, in its sole discretion, may place limits or restrictions on a user’s ability to use the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mobius Materials’ computer systems, or the technical delivery systems of Mobius Materials’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mobius Materials; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services; (vi) knowingly list any counterfeit Products.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
The Services may contain links to third-party websites, advertisers, services, or other content that is not owned or controlled by Mobius Materials. We do not endorse or assume any responsibility for such third-party sites, information, products, or services. If you access any third-party website, service or content from Mobius Materials, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third-party website, service or content.
You have permission to use Mobius Materials buttons, links, and widgets, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Services. You may not modify such buttons, links or widgets or associated code in any manner, and may not imply or suggest that Mobius Materials operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
We care about the security of our users. Please notify us immediately at email@example.com of any compromise or unauthorized use of your account.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to Mobius Materials, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination. Mobius Materials may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. You can terminate your account at any time.
Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, Mobius Materials’ rights of ownership and licenses to Mobius Materials will survive any termination.
Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for backup, archival, or audit purposes. Furthermore, Mobius Materials and its affiliates, licensees, and sublicensees and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works of, perform, or distribute any of your User Content that have been stored or shared through the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Mobius Materials to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Mobius Materials and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third-parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) any breach of these Terms, or (d) any claim or allegation that you have violated the intellectual property rights of other users or third-parties. You will not enter into a settlement of the foregoing without our prior written approval.
Limitation of Liability
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by other users or third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBIUS MATERIALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL MOBIUS MATERIALS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO MOBIUS MATERIALS FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT MOBIUS MATERIALS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOBIUS MATERIALS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Francisco County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
You and Mobius Materials agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Mobius Materials each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Mobius Materials agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Mobius Materials agree otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Mobius Materials submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
We control and operate our website from the United States. We make no representation that materials on our website are appropriate or available for use outside the United States. If you choose to access this website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Mobius Materials
The Services are provided by Mobius Materials. You can contact Mobius Materials by emailing us at firstname.lastname@example.org.
Effective: January 10th, 2022