Terms of Service


The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.moxieprep.com, including any content, functionality and services offered on or through www.moxieprep.com (the “Site”), whether as a guest or a registered user.

This Terms of Use is a binding agreement. By using the Internet site located at www.moxieprep.com (the “Site”) or any services provided in connection with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by MoxiePrep LLC (“MoxiePrep LLC,” “we,” “us,” or “our”) from time to time in its sole discretion.  By accessing the Site, or using any of the Services, you represent that you either (i) have the legal capacity to form a binding contract (in many places, this mean you are at least 18 years old) and agree to be bound by this Terms of Use, or (ii) where you do not have legal capacity to form a binding contract, that your parent or guardian has agreed to this Terms of Use on your behalf.   These terms together with our Privacy Policy and Disclaimer governs our relationship with users in relation to the Site, and Services, and constitute a binding legal agreement. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

The Site and the Services is intended only for users aged 13 and over.  If you are under 13 years of age, please do not send any information about yourself to us or through the Site, including your name, address, telephone number or e-mail address.  If we learn that we have collected personal information from a child, we will delete that information and otherwise comply with the requirements of the Children’s Online Privacy Protection Act and applicable law. If you believe that we might have any information from or about your child, please contact us at [email protected].


You acknowledge and agree that MoxiePrep provides educational information and resources intended to help users of our Site.  You further acknowledge and agree that MoxiePrep is not guaranteeing and cannot guarantee your testing results or any other outcome that may pertain to you.


We grant you a limited, nonexclusive, nontransferable license to access this Site and its content for your personal, noncommercial use according to these Terms of Use.  If you are under age 18, you may use this Site only with your parent’s or guardian’s consent.


The Site may contain links to other websites.  We encourage you to read and understand the terms of use and privacy policies that govern your use of those other websites.  This Terms of Use and the Privacy Policy do not apply to these other websites or any other third-party websites.

We make certain Services available to you through or from our Site which are delivered by third parties.  You acknowledge and consent that by using our Site’s Services, products or functionalities that MoxiePrep may share your information and data with any third parties with whom we have a contractual relationship so that you may be provided on behalf of our Site with your requested Service, product or functionality.


We may allow you to provide content to our Site, such as written reviews.   This Content is shared publicly on our Site and may be retained by us for as long as we desire, subject to state law, even after you terminate use of our Site or our Services.   You agree that we may continue to disclose such content on our Site and to third parties, as determined in our sole discretion.


This Site contains content owned or licensed by MoxiePrep (“Content”).  It is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and MoxiePrep, we own and retain all rights in any and all Content and this Site. You are not authorized to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Content and you are not authorized to reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit our Content.  The marks “MoxiePrep,” and the MoxiePrep logo are trademarks or registered trademarks of MoxiePrep, and may not be copied, imitated or use, in whole or in part, without the prior written permission of MoxiePrep.


These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of conflict provision or rules.  Headings in these Terms of Use are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms of Use or the meaning and construction of these Terms of Use.  These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.


Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the American Arbitration Association (“AAA”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Westchester County, New York in the English language and the arbitral decision may be enforced in any court.  The prevailing party in any action or proceeding to enforce these Terms of Use is to be entitled to costs and attorneys’ fees.


The confidentiality of any information submitted on this Site cannot be guaranteed. Information transmitted over the world wide web may be intercepted and may not be secure.  Please see our Privacy Policy for further information.  Our Privacy Policy is expressly incorporated into this Agreement by this reference.


You agree to use the Site in accordance with all applicable laws.  You are not authorized and agree not to take any action that may hinder the security of this Site, make this Site inaccessible to others, or cause damage to this Site or any of its Content. You are not authorized and agree not to try to access Content that is not intended for you.   You agree not to use this Site in any way that might interfere with the rights of MoxiePrep, or anyone else.

This Site may display text, photos, video, trademarks and other kinds of Content. All of this Content, including without limitation, its organization, selection, and arrangement, within or related to this Site, belongs to MoxiePrep.  No Content from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without MoxiePrep’s prior written consent.

As a condition of accessing our Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of our Site other than as expressly allowed under these Terms of Use; (b) use MoxiePrep’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, use any deep-link, page scrape, robots, spiders, scripts or web-scraping tools crawler); (d) frame the Site, place pop-up windows over the Site pages or otherwise affect the display of  any of the Site’s pages; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (g) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or (h) use information on this Site to contact us, except where indicated, for instance on the Contact Us page of the Site.

Unauthorized use or activity relating to this Site, whether on any other website, computer environment, network, communication system, other media, or elsewhere, is prohibited.


In no event will MoxiePrep, its suppliers or licensors, be liable with respect to any subject matter of this Terms of Use under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MoxiePrep under these Terms of Use during the twelve (12) month period prior to the cause of action.  You agree that MoxiePrep has no liability for any failure or delay due to matters beyond MoxiePrep’s reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.


You agree you are personally responsible for your use and behavior on our Site. You agree to indemnify, defend and hold harmless MoxiePrep, its owner, employees, agents, and representatives from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of or in any way connected with any of the following: (i) your breach or alleged breach of these Terms of Use; (ii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (iii) your visit, use, misuse, inability to use or interruption in service of this Site. You agree to cooperate as fully required by MoxiePrep in its defense of any claim.   MoxiePrep reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to not in any event settle any claim without the prior written consent of MoxiePrep.


Except to the extent applicable law, if any, provides otherwise, these Terms of Use, any access to or use of our Services will be governed by the laws of the State of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Westchester County, New York.


MoxiePrep’s Services are provided “as is.” MoxiePrep, and its licensors, if any, disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  MoxiePrep does not make any warranty that our Site will be error free or that access to it will be continuous or uninterrupted.  You understand and agree that if you download from, or otherwise obtain Content or Services through our Site, you do so at your own discretion and risk.


You agree that we may terminate, at our sole discretion, without any liability to you or otherwise, your access to all or any part of our Site at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate MoxiePrep’s agreement with you as set under these Terms of Use, you may simply discontinue using our Site.  All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


These Terms of Use constitute the entire agreement between you and MoxiePrep and governs your use of this Site, superseding any prior agreements between you and MoxiePrep.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed removed and will not affect the validity and enforceability of the remaining provisions of these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.


We reserve the right to change, modify or add to these Terms of Use, at our sole discretion, at any time without notice to you.  If you do not agree with any changes or modifications we make to these Terms of Use, then you must discontinue using our Site.  Any continued use by you of our Site, constitutes your acceptance of any current Terms of Use.  You agree that it is your sole responsibility to periodically check and read our Terms of Use to ensure that you are aware of any changes or modifications made.