Terms of Service for Listing
These terms were last updated on March 31, 2026.
Our listing services are designed to optimize your selling experience and help create a fair and safe marketplace experience for all Mobius users. As a seller, you're responsible for regularly reviewing and complying with Mobius’s Terms of Service for Listing and for meeting your obligations as set out in our User Agreement.
These Terms of Service for Listing (the “Terms” or “Agreement”) and all policies and additional terms posted on and in our applications, tools, and site mobiusmaterials.com as well as its pages and subdomains (collectively, the "Site") related to listing and selling your electronics components and materials for sale (collectively the “Services”) set out the terms on which Mobius offers you access to and use of our Services.
Our User Agreement, Terms of Sale, Privacy Policy, Copyright Policy, and all other policies and additional terms posted on and in our Services are incorporated into these Terms and constitute part of this agreement. You agree to comply with those terms as well as these Terms of Service for Listing when accessing or using our Services. By agreeing to the terms, you affirm that if you post a Listing (as defined below) or otherwise use the Services on behalf of an organization or company (the “Company” or “you” ) and that you have the legal authority to bind any such organization or company to these Terms.
The entity you are contracting with is: Mobius Materials, Inc., a Delaware corporation with headquarters at 1717 East Cary Street, Richmond, Virginia 23221. In these Terms, Mobius Materials, Inc. is individually and collectively referred to as “Mobius,” “we,” or “us.”
- I) Distributorship
- 1) Distributorship Appointment.
You hereby appoint Mobius, and Mobius hereby accepts appointment, as an authorized distributor of the Listings defined below, on a non-exclusive basis. You shall make available and sell the Product (as defined below) to Mobius at the Prices and on the terms and conditions set out in this agreement. We are not required to purchase any minimum amount or quantity of the Product. For clarity, this distributorship arrangement applies to fixed-price consignment sales. For Listings (as defined below) that are sold via auctions or buyer-submitted offers, Mobius will act solely as a marketplace facilitator rather than as a buyer or reseller of your Product (as defined below). In such cases, you remain the seller of the Product (the Seller-of-Record) directly to the end buyer, and you are responsible for fulfilling the sale to that buyer in compliance with the Terms of Sale.
2) Listings
The “Product” is the goods that you are selling as identified by the Product’s specific original manufacturer (the “Manufacturer”) and Manufacturer’s part number (the “Mpn”). “Listings” are a quantity of Product and associated batch level information like location, date code and condition that you have submitted to the Site with the intention to sell. Listings can be submitted via several methods:
a. Added manually on the site
b. Uploaded via a CSV on the site
c. Emailed to a Mobius representative
We reserve the right in our discretion to revise the Listings from time to time by addition, modification, or deletion of Listings. The set of all Listings that you have added via the above methods at any one time is the “Company’s Listings.” - 3) Terms set on the Site.
The following variable terms are set for you on the Site within the Plan tab of the Settings page. If not set, the value of these terms will default to the values shown in the column labeled “Default Value”.
- "Business Day" means Monday through Friday, excluding federal holidays in the United States. "Delayed Balance" means the gross buyer invoice amount (or, if no invoice has issued, the gross order value) attributable to the delayed Product.
II) Listing Conditions - When Listing products for sale with Mobius, in addition to abiding the User Agreement, Terms of Sale, Privacy Policy, Copyright Policy, you agree to comply with the following Listing conditions:
- 1) Listing Content
a) You assume full responsibility for the Products and Listings you post on our Site and the accuracy and content of the information provided in your Company’s Listings.
b) Each Listing must accurately state the manufacturing date code(s) for the batch offered and whether any units have been programmed/flashed or removed from original manufacturer packaging.
c) The content you provide must comply with the content standards provided in our User Agreement. Content that violates any of Mobius's policies may be modified, obfuscated, or deleted at Mobius's sole discretion.
d) You will periodically monitor and check this information and confirm its accuracy. We may revise Product data associated with Listings to supplement, remove, or correct information.
e) Metatags and URL links that are included in a Listing may be removed or altered. - 2) Listing Publication
a) Mobius is not obligated to post a Listing on our site or market the Listing to other parties. Your Listing may not be immediately searchable by keyword or category for some time. Mobius cannot guarantee exact Listing duration.
b) We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of Listings in search and browse results may depend on a variety of factors, including, but not limited to:
i) buyer's location, search query, browsing site, and history;
ii) Product's location, Listing format, price and shipping terms, end time, history, and relevance to the user query;
iii) Company's history, including Listing practices, Mobius policy compliance, feedback, and defect rate; and
iv) number of Listings matching the buyer's query.
c) To drive a positive user experience, a Listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
d) We may provide you with optional recommendations to consider when creating your Listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current Listings; results may vary for individual Listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual Listings to other sellers.
e) For products listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Mobius may require the use of certain payment methods. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements.
f) Mobius may also determine, in its reasonable discretion, whether submitted Product is suitable for appraisal, listing, consignment, auction, storage, or resale based on marketability, compliance, condition, packaging, lot composition, authenticity risk, minimum value thresholds, logistics constraints, or other operational criteria. Mobius may exclude any submitted Product from listing, appraisal, reserve-price calculations, auction evaluation, or any shipping authorization to Mobius.
g) You will keep an accurate quantity count and remove listed products if they are no longer available for sale or if anything else changes about them such that the Listing no longer accurately describes them.
h) Mobius may require additional documentation, export-classification information, end-use or end-user information, escrow, or other payment methods for compliance and fraud prevention. Mobius may block, pause, refuse, or cancel any Listing, shipment, payment, or transaction that presents export control, sanctions, fraud, or similar compliance risk, in Mobius's reasonable discretion, without liability to the Company. - 3) Product Quality
a) Your products listed for sale shall be:
i) authentic and genuine hardware, not fake or suffering any known quality issue;
ii) match the stated condition (e.g. Unopened, New, etc.), including being in the manufacturer’s original unopened packaging and not having been pre-programmed or “flashed” with any software or firmware, and match the listed location, specifications, manufacturer, and all other information on the portal;
iii) free and clear of all liens and encumbrances; and
iv) offered for consignment in compliance with all laws, rules, and regulations applicable to customer.
b) In packaging of the products, you must take ESD and Moisture precautions meeting the standards prescribed in IPC/JEDEC J-STD-033D according to moisture sensitivity level (e.g. MSL-1 vs. MSL-2) and ESD sensitivity levels found on the specification sheet furnished by the manufacturer for that Mpn. Failure to package the products properly from a ESD or moisture perspective will be considered a quality issue.
c) For avoidance of doubt, Products advertised as “New,” “Unopened,” or equivalent must be in original manufacturer packaging (e.g., factory‑sealed moisture barrier bags, original reels, tubes, or trays with intact manufacturer labels) and must not have been pre‑programmed or “flashed.” Any deviation constitutes a Product Quality violation. - 4) Storage, Location, and Warehousing
a) You must own and possess the products at the time of Listing and during the period necessary to complete the sale and subsequent shipment.
b) All Products that are designated as moisture/reflow and process sensitive devices according to J-STD-020 or J-STD-075, “Moisture and ESD sensitive Products,” must be stored in a temperature controlled and moisture controlled environment per IPC/JEDEC J-STD-033D, a joint standard developed by the JEDEC JC-14.1 Committee on Reliability Test Methods for Packaged Devices and the B-10a Plastic Chip Carrier Cracking Task Group of IPC.
c) You must yourself be fully aware of and fully implement the ESD precautions detailed in JEDEC JESD625 (Requirements for Handling Electrostatic-Discharge-Sensitive (ESDS) Devices found at https://www.jedec.org/system/files/docs/J-STD-033D.PDF) during the handling, packing, and shipping of Moisture and ESD sensitive Products you sell via Mobius. This includes the mandatory use of ESD gloves, grounded and ESD protected table surfaces, and directed air ionizers, as needed for the configuration of the customer’s incoming inspection, assembly line stations, and finished goods inspection and packing areas.
d) You must disclose and list the real address of the parts. If parts are moved while listed on the site, you are responsible for promptly updating the location of the parts on the site. Once sold, they cannot be moved unless to ship to the buyer or a Mobius test facility.
e) You will not sell and will promptly remove all Listings for any Product recalled by a manufacturer or governmental agency if the sale of the Product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Mobius has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services. - 5) Promotion
a) Mobius may publish and promote your Listings, including related content such as quantity, specifications, product reviews and feedback on Mobius sites or in the applications, services, and tools of cooperating third-party operators of websites, applications, services, and tools.
b) Selling fees do not purchase exclusive rights to product exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including Listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers. - 6) Shipments
a) Orders shall be scheduled for delivery at the time of acceptance of the order by the Company, but it is understood that the delivery schedule agreed to by the Company constitutes only a reasonable estimate of the availability of Products required to fill the order.
b) Bar-codes shall be attached internally and externally on all incoming Product from Company using the AIAG (Automotive Industry Action Group) standard format, code 39. Packages must be clearly labeled with the Mpn, Manufacturer and Mobius order number when shipped.
c) All shipments will be made FCA (Incoterms 2020) the Company's shipping point, which means, among other things, that Mobius bears the cost of domestic transportation and all risks of loss or damage to the Product upon delivery to the carrier.
d) If Product is shipped to Mobius or a Mobius-designated inspection, storage, or warehousing facility before onward shipment or settlement, Mobius may record an initial estimated quantity based on packaging labels and documentation and may perform or require a final verification count and inspection, including date code verification, quantity verification, and authentication checks, as applicable. The final verified count will be binding for settlement purposes absent manifest error, and Mobius may condition onward shipment, release to a buyer, or settlement on completion of such final verification and inspection. - 7) Returns
a) The Company shall not accept any Products returned for credit or exchange under any provisions of this Agreement or otherwise, unless either:
i) Mobius has notified the Company in advance and obtained an RMA number with respect to such return. All Products with an RMA number shall be shipped FCA (Incoterms 2020) Company's shipping point within the 48 contiguous United States at the address specified in Exhibit A, freight and shipping charges prepaid by Mobius. Company shall not unreasonably delay or refuse to issue an RMA number for qualified returns. For returns arising from Section C (Product Quality) violations or quantity shortages, Company shall issue an RMA number within five (5) Business Days of Mobius's request (or provide a reasonable written basis for denial). If Company fails to issue an RMA number within five (5) Business Days, Mobius may return the Product without an RMA number. All other returns remain subject to the existing thirty (30) day timeframe.
ii) Mobius has identified a defect with the product that violates Section C. For the avoidance of doubt, a Section C violation includes delivery of Products not in original manufacturer packaging where such condition was represented, Products that have been programmed/flashed when listed as new/unprogrammed, and failures to meet stated date code requirements. In the case of a Section C violation, Products will be shipped FCA (Incoterms 2020) Company’s shipping point within the 48 contiguous United States at the address specified in Exhibit A, freight and shipping charges prepaid by Mobius.
b) If Product is materially non-conforming with the Listing or the standards in these Terms (including quantity shortages), the Company will promptly cooperate with Mobius to remedy the issue. Remedies may include replacement, refund or credit, acceptance of return, or other commercially reasonable corrective action, as reasonably determined by Mobius and consistent with Mobius's obligations to the buyer. - 8) Warranty
a) THE WARRANTY SET FORTH IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b) Limitation of Remedies: In no event shall either party be liable to the other for any incidental, consequential, indirect or special damages. - 9) Approval as a Seller
1) Acceptance of this Agreement is not an automatic approval to be a Seller on the Mobius Platform or to access any or some of the Seller-related features. To be accepted, you will need to fill out a Seller Qualification form.
2) You agree to notify Mobius in writing if anything about the Seller Qualification form that you filled out in order to be approved as a Seller at Mobius has materially changed or any new information has been added.
3) Mobius can remove your status as a Seller at any time at our sole discretion.
4) Information provided in our Seller Qualification form and information about the number of sales, Listing and Product data, shipment speed, customer reviews, and other transactional information can be used by the Site to generate seller performance data we can show to other users. Mobius will not publicly identify the Company as the source of listed inventory and may market and syndicate Listings in an anonymized manner (for example, as "Mobius inventory"). Mobius may disclose Listing details and, where reasonably necessary to complete sales, the Company's identity to prospective buyers, escrow providers, inspection labs, logistics providers, and channel partners, provided Mobius uses commercially reasonable measures to avoid public disclosure of the Company as the inventory source.
5) We may suspend or remove your Seller status, pause or remove Listings, delay or withhold settlement to the extent permitted by these Terms, or take other enforcement action if you materially breach these Terms, including through repeated late shipments, quantity shortages, Product Quality violations, or conduct that creates fraud or compliance risk. We may act immediately where reasonably necessary to comply with law or mitigate fraud or compliance risk. - 10) Placement and Acceptance of Orders
a) This Agreement is not a purchase order. Neither party shall have any obligation to sell or purchase Listings unless and until Mobius issues a purchase order which is accepted by the Company, such issuance and acceptance being subject to the following:
i) Any such purchase order shall recite the Product type (as specified in the Listing), quantities, price, and Mobius order number and any other information required under this Agreement. The Ship Date will be set to the date of the Order plus the Shipping Timeline, measured in Business Days. For clarity, the Shipping Timeline begins on the first Business Day following acceptance (or deemed acceptance) of the purchase order. Order minimums shall conform to the requirements of the current Listing.
ii) Company's acceptance of each such purchase order will be presumed accepted in 2 business days unless earlier rejected, which the Company may do, at its option, to the extent that:
1) it contains items not in the Company’s Listings, or designates Product specifications that deviate in any respect from respective specifications for the Products set forth in the Company’s Listings;
2) it contains any terms and conditions deviating from those required by this Agreement.
iii) The terms and conditions of this Agreement shall prevail and shall not be modified in any way by any provisions contained in Mobius’s purchase orders or the Company's acknowledgment.
b) Rescheduling, Cancellation, and Delay Charges: Mobius may reschedule on at least thirty (30) calendar days' prior written notice of the Ship Date. Mobius may cancel or reschedule at any time prior to Company’s ship date without penalty if Mobius reasonably believes Company will not meet the originally scheduled ship date or if Company requests or makes adjustments to the scheduled ship date. If the Company has not tendered the sold Product to the carrier by the end of the applicable Shipping Timeline, Mobius may cancel the affected order without penalty to Mobius. If Mobius does not cancel the affected order immediately after expiration of the Shipping Timeline, the Company will have an additional seven (7) days of grace to complete shipment. Beginning on the day immediately following expiration of that seven (7) day grace period, Mobius may charge liquidated damages equal to one percent (1%) of the Delayed Balance per day until the affected Product is shipped or the order is canceled. The parties acknowledge that this amount is a reasonable pre-estimate of Mobius's expected losses from shipment delay and constitutes liquidated damages and not a penalty. Mobius may cancel the affected order, in whole or in part, at any time after expiration of that grace period without liability to the Company, and may deduct or set off any such liquidated damages and any resulting chargebacks, refunds, credits, return freight, or related amounts from any amounts otherwise payable by Mobius to the Company, to the extent permitted by law.
c) Auction and Offer Orders: Notwithstanding the above, when a sale is conducted through an auction listing or buyer offer on the Site, a separate purchase order from Mobius is not required to form a binding agreement. The Company’s electronic acceptance of a buyer’s bid or offer via the Site (including the automatic acceptance of the highest bid at the close of an auction that meets any applicable reserve) shall constitute the Company’s acceptance of the order. At that time, a binding sales contract is formed between you (as seller) and the buyer, and you are obligated to fulfill the order in accordance with this Agreement and the Terms of Sale. Specifically, you must deliver the full quantity of Products ordered and ensure that those Products meet the quality and specifications stated in your Listing. Any shortage in the delivered quantity or any failure of the Products to conform to the agreed quality/condition will be solely your responsibility to remedy. Mobius will provide you with an order confirmation or summary of the transaction details via the Site or email, but the absence of a Mobius-issued purchase order shall not excuse performance of the sale. For purposes of the Shipping Timeline, any grace period, and any liquidated damages or cancellation rights under the immediately preceding paragraph, the order is deemed accepted at the time of the Company's electronic acceptance, including automatic acceptance at the close of an auction where the applicable reserve or other stated criteria are met, and the shipment clock will run from the applicable order confirmation, transaction summary, offer acceptance, or auction close, as applicable. - 11) Sale Prices and Your Seller Return
a) You will set a Minimum Seller Return per unit (MSR) that will represent the minimum you would accept from a sale of the parts after Mobius’ fees. The MSR may be an absolute dollar amount or a percent of the MSRP where MSRP is a price set by Mobius that represents the authorized distributor high volume price. If no MSR is set by you on a listing, it will default to your organizations’ blanket MSR. You are responsible for keeping the MSR on your listings and your portal up to date and accurate.
b) Mobius will set the Listing Price and may change it at our discretion. We will not sell the Products at a price that would return less than the MSR to you. For example, Mobius may reduce the Listing Price for Products with older manufacturing date codes to reflect their lower market value, provided that no such price reduction causes your net return to fall below your agreed MSR.
c) The MSR will be in accordance with the pricing in effect at the time the Mobius's orders are accepted. - 12) Sales to Buyers
a) Consignment Sales
i) Subject to these Terms, Mobius will sell, on a consignment basis, the Products in the Company’s Listings. Mobius commits only to commercially reasonable efforts to market and sell the listed products to a buyer.
ii) Mobius will not be required to purchase any quantity of your products directly. The Listing may specify a period during which Mobius will have the right to sell the products. Mobius can negotiate on your behalf with buyers and accept orders via the Site or via purchase orders.
b) MOQs and MPQs
i) Mobius does not need to sell the Listings as a lot and can split these up into multiple orders.
ii) Company can provide Mobius with an MOQ or minimum order quantity. If this is provided, Mobius will not accept order volumes at quantities below the MOQ.
iii) Company can provide Mobius with an MPQ or minimum packing quantity. If this is provided, Mobius will only allow order volumes that occur in multiples of the MPQ.
c) Auction Sales.
i) Mobius may list and facilitate the sale of your Products via an online auction on the Site. We will solicit bids on your behalf for the duration of the auction. If, at the close of the auction, the highest bid meets or exceeds any reserve price you have set (or if no reserve applies, the highest bid is otherwise acceptable under the listing’s terms), you are obligated to complete the sale of the Product to that highest bidder. You authorize Mobius to conclude the auction by identifying the highest bidder and, if the bid meets the reserve, treating that as an accepted offer. The resulting transaction will be governed by the Terms of Sale, with you as the Seller-of-Record responsible for fulfilling the order. - 13) Reporting.
Mobius will provide you with monthly reports detailing sales of your Listings of sales made with a breakdown of total sales volume, payments received, and a calculation of the Rebate Value derived from those receipts. - 14) Customer Rebate/Resale Service Fees.
a) The Rebate Value will be the amount owed by Mobius to you or the Company. The Rebate Value owed by Mobius to you or the Company will be equal to one minus the Revenue Share Percentage (as in the plan page of the portal) of the revenue on consigned Products as listed on the invoice, less charges for handling, freight, sales, use, value added, or similar taxes, import or export taxes or levies taxes, C.O.D. charges, insurance, customs duties, trade discounts, and any other governmental or administrative fees or charges. The Rebate Value due by Mobius in any period will be the total of all finalized and accepted sales during the applicable month.
b) You will either invoice Mobius the Rebate Value provided in the Purchase Order or Mobius will directly pay you or the Company the Rebate Value owed depending on your preference. If a direct invoice is needed, you can send it to seller-invoices@mobiusmaterials.com.
c) Mobius shall make payment of the net invoiced amount according to the Seller Payment Terms after the respective invoice date (“Invoice Date”), except for any amounts disputed by Mobius in good faith and except for amounts subject to deduction or setoff under these Terms, including liquidated damages, chargebacks, refunds, credits, return freight, and other amounts owed by Company to Mobius under or in connection with these Terms. All payments hereunder shall be in US dollars and made by check or electronic transfer. Company shall date invoices with the date actually mailed or otherwise transmitted to Mobius.
d) Mobius shall make payments by wire, check, credit card or ACH in its discretion. - II) Additional Legal Terms
- 1) Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOBIUS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR LISTING, USE OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. - 2) Indemnification
You agree to defend, indemnify and hold harmless Mobius, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, or allegations that the Products constitute an infringement of any trademark, patent, copyright, trade secret or other proprietary right; and Company shall pay all damages and costs (including reasonable attorneys’ fees) related to any such claim, suit, or proceeding.
3) Publicity
Neither party will issue a press release, publicly announce the relationship, or use the other party's name, logo, trademarks, quotes, testimonials, or feedback in external marketing or promotional materials without the other party's prior written consent; provided, however, that as a seller using Mobius’s listing services, you grant Mobius the right to use your name (and/or your company’s name), your organization’s logo, and any seller stories, testimonials, or quotes you provide about our marketplace or services for Mobius’s promotional, marketing, and publicity purposes’ and Mobius may feature you as a selling partner, display your logo alongside other marketplace sellers on our Site or sales materials, and share non-confidential details of your success (for example, general descriptions of how our platform helped you) in case studies, marketing presentations, or press releases. You agree that this permission is given by default and does not require separate consent or payment, to the maximum extent permitted by law. Mobius will not attribute personal quotes or identifying details of individuals in your company without adhering to our Privacy Policy and applicable data protection requirements. (If you are accepting these Terms on behalf of a business entity, you represent that you have the authority to grant Mobius this right on the entity’s behalf.) - 4) Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action or proceeding against you for breach of this User Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. - 5) Arbitration
AT OUR SOLE DISCRETION, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OR USE OF THE SERVICES, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING DELAWARE LAW. - 6) Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE Services MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. - 7) Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. - 8) Entire Agreement
These Terms, along with our User Agreement, Terms of Sale, Privacy Policy, and Copyright Policy, constitute the sole and entire agreement between you and Mobius Materials, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
These terms were last updated on March 31, 2026.