Terms of Use

Last Updated: April 2021

Welcome to moesdigitalmarket.com (the “Digital Market Hub” or the “Site” also referred to as “The Hub”, “us”, or “we”). Please read these Terms of Use (“Terms of Use”) carefully because they govern your use of the website located at www.moesdigitalmarket.com and other website owned, hosted, operated or managed by Moe’s Home Collection moeshomecollection.com. These terms of use (“Terms of Use”) and terms of sale (“Terms of Sale”) set out the Terms and Conditions on which we display or supply any of the products (“Product or Products”) available for wholesale purchase listed on moeshomecollection.com, tradeshows, or respectively through our sales representatives and include your use of the provided Moe’s Home Collection website and other services and activities when you visit or shop the Site. To make these Terms of Use easier to read, the Site and our services are collectively called the “Services”. By accessing or using the Services, you expressly agree and consent to these Terms of Use. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In that case, “you” and “your” will refer to that entity.  The current version of these Terms and Conditions is indicated above. These Terms and Conditions constitute a legally binding agreement and govern the use of the Site, including the purchase of any products linked through the site. You accept these Terms and Conditions by doing any of the following:

(1)   Register a user account on the Site, visit, access or use the Site; or

(2)   Purchase through our wholesale site moeshomecollection.com; or

(3)   Clicking on or selecting “accept” or “agree” when presented with these Terms and Conditions on the Site;

(4)   Otherwise using the Site or purchasing any products available linked through the Site; or

(5)   Upload content to the Site or communicate directly with us

Changes & Updating These Terms & Conditions

We reserve the right to change or modify these Terms & Conditions at any time and at our sole discretion. If we make changes to these Terms, we will notify such changes by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you are not in agreeance with such changes or modifications, you must stop using our Site.

IMPORTANT NOTICE REGARDING ARBITRATION: IF YOU ARE AN INDIVIDUAL, WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE SITE OR MOE’S HOME COLLECTION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

PRIVACY POLICY

Please review our Privacy Policy which also governs your use of the Services, for more information on how we collect, use and share your information please see our Privacy Policy.

YOUR REGISTRATION OBLIGATIONS

1. You may use the Services only if you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. For certain features of the Services, you will need to create an account and become a "User". You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration form.

2. You acknowledge that you have no ownership rights in your account. If you or The Hub cancels your account, all your account information, and any files, Documents (as defined below), and any other materials you provided, created or associated with your account (collectively with Documents, "User Content") will be deleted and removed from the Services. You should know that in certain instances some User Content may continue to be available on the Services for some period of time because of delays in effecting deletion or through cached copies retained by third parties. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

USE OF SITES’ CONTENT

Subject to your compliance with these Terms of Use, The Hub grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of The Hub ) and use the Sites strictly in accordance with these Terms of Use; (b) to share information regarding The Hub and the Services with friends, relatives and trusted advisors; and (c) to print out discrete information from the Sites solely for personal, non-commercial purposes so long as you maintain all copyright and other policies contained therein.

ACCESS

We have the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to disable any account, username, password, or other identifiers, at any time in our sole discretion for any or no reason.

SERVICE RULES

In order to provide a welcoming and productive community on our Services and to improve the safety and security of our Services, we require that you adhere to the following rules:

(a) Do not give your username or password to others. You are responsible for maintaining the confidentiality of your username and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Services, you risk losing your access to the Services. You agree to notify The Hub immediately of any unauthorized use of your registration and password.

(b) Do not delete or revise any material posted to the Services by any other person or entity.

(c) Do not violate or attempt to violate the security of the Services.

(d) Do not access, tamper with, or use non-public areas of the Services.

(e) Do not log into a server or account which you are not authorized to use.

(f) Do not use the Services to advertise or offer to sell or buy any goods or services.

(g) Do not use the Services for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.

(h) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of the Services without proper authorization.

(i) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "mail bombing" or "crashing".

(j) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.

(k) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or other Users.

(l) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(m) Do not attempt to or actually access the Services by any means other than through the interfaces provided by The Hub or by navigating to the Services using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.

(n) Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Services.

(o) Do not utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in The Hub's sole discretion, with the Services.

(p) Do no use the Services for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.

(q) Encourage or enable any other individual to do any of the foregoing.

2. Your violation of any of these rules and the Terms of Use may result in civil or criminal liability. The Hub may investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If The Hub determines you misled The Hub or violated these rules or the Terms of Use, we reserve the right to terminate your use of the Services. The Hub is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Services complies with these Terms of Use and all applicable laws.

UPLOADING/POSTING OR DISTRIBUTING DOCUMENTS & OTHER USER CONTENT

In connection with certain features of the Services, such as the form or document product(s), you may create, edit, post and distribute documents through the Services (collectively, "Documents"). This includes Documents based on the library of information made available by The Hub on the Services (the "Digital Market Library"). You may also allow others to view such Documents by granting them permission.

LIMITED LICENSE

We are the owner of all intellectual property rights in our Site and the material published. Copyright laws and treaties worldwide protect all works, and all such rights are reserved. Permission to access our Site and the material on or made available through the Site is only for your personal use. Any other use of our Site or the content made available through the Site is prohibited.

DISCLAIMER & LIABILITY

Access to our Site is permitted on a temporary basis, and we may limit or terminate access to our Site at any time and without notice. We will not be held liable if our Site is unavailable at any time or for any period of time. We will not be held responsible for any errors or any technical problems you may experience with our Site's content. When and if we become informed of any inaccuracies in the content on our Site, we will attempt to correct it as soon as we possibly can. While we have made it a priority to ensure that any information presented on the Site is correct, all the information on our Site is presented without any guarantees, conditions, warranties. The Site is made available to you on an "As-Is" basis. We are not responsible for anything that occurs from your reliance on the content of our Site. Additionally, nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.

LINKS & LINKING

You may link to moesdigitalmarket.com, provided that you do so in a way that is legal, fair, and does not damage our representation or take advantage of it. We will abolish any links that suggest any form of association, approval, or endorsement on our part when one does not exist. You agree to remove any links to our site on a website that is owned or controlled by you at the request of us. Links to third-party websites are provided solely for your convenience. The use of these links will have you leave our site, we do not control and are not responsible for these websites, their content, or their availability.  

SEVERABILITY

If any of these Terms & Conditions is held to be invalid, the remaining Terms & Conditions will continue to be valid to the fullest extent permitted by law.

JURISDICTION, APPLICABLE LAW & RESOLVING DISPUTES

The terms of this Agreement are governed by the laws of Canada, the United States (including Federal Arbitration Law), without regard to its principals of conflicts of law, and regardless of your location. All disputes arising out of or related to this Agreement or any aspect of the relationship between you and The Hub/Moe’s Home Collection, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you and The Hub/Moe’s Home Collection are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis. Class arbitration and class actions are not permitted. You agree to give up the ability to participate in a class action.

i. For Individuals Residing in Canada:

You consent to agree to every single law and regulation that is applicable and pertaining to your utilization of your procurance of items and services through moesdigitalmarket.com and moeshomecollection.com. Any infraction of the Terms & Conditions will be regulated by Canadian and Quebecois laws without any respect to any contention of law arrangements of your residential area or location. We may report infringement related to the concordance to the proper governing representatives. You and moesdigitalmarket.com or moeshomecollection.com each consent to the individual and sole jurisdiction of the courts within Canada and Quebec.

ii. For Individuals Residing in the United States  

You and The Hub/Moe’s Home Collection agree that we will resolve any disputes through final and binding arbitration instead of through court proceedings. You and The Hub/Moe’s Home Collection waive any right to a jury trial of any claim. All controversies, claims, counterclaims, or other disputes arising between you and The Hub/Moe’s Home Collection, including moeshome.com relating to these Terms & Conditions and use of the Site, shall be submitted for binding arbitration in accordance with the Rules of American Arbitration Association (“AAA Rules”).

TRANSFER OF OUR RIGHTS

We may and are obliged to transfer our rights and obligations under our contract with you to another organization. We will do our best to notify you in writing when and if this happens. This will in no way affect your rights or our obligations under the contract.

FEEDBACK

All feedback is welcomed. You can contact us at any time regarding, but not entirely pertaining to your online experience or purchase made, or if you require any additional product information. Please visit Contact Customer Care for more information.

SUPPLIER RESPONSIBILITY

Products available for purchases through the Site are supplied by third-party suppliers (“Suppliers”) to moeshomecollection.com. Our Suppliers are solely responsible for providing accurate information about the products they supply to moeshomecollection.com, including, where applicable and without limitation, consumer warnings, and information about materials deemed unsafe or hazardous.

INDEMNITY

You agree to indemnify and hold harmless moesdigitalmarket.com or moeshomecollection.com, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities, expenses (including attorney’s fees) that may arise from your use of or activities in connection with the site, products, and services.

COPYRIGHT & TRADEMARK

All content included on or made available through moesdigitalmarket.com  or moeshomecollection.com, including design, text, logos, graphics, photographs, images, videos, webinars, audio clips, button icons, and digital downloads, is the exclusive property of Moe’s Home Collection or its content suppliers, and is protected under Canadian and international copyright laws. All graphics, logo, page headers, button icons, scripts, and service names on or made available through moesdigitalmarket.com or moeshomecollection.com services are trademarks of Moe’s Home Collection, in Canada and the US.

FORCE MAJEURE

moesdigitalmarket.com or moeshomecollection.com in no occasion will be considered liable for the postponement or non-fulfillment of products or services, or inaccessibility of the site for any matter including, however not constrained to, occasions out of the ordinary such as technology failures including internet shutdowns, computer or software blackouts, electricity shortages, labor debates, strikes, insurgencies, civil unrest, deficiencies in material or workforce, floods, fires, acts of God, warn, government legislations, court orders from domestic or foreign courts, third parties, or tribunals.

AVAILABILITY

All orders for products are subject to the availability of those products and the materials used for making those products. If for any reason, the products you have ordered are not available or are subject to any delay, we will inform you as soon as possible. Generally, we do not have these products made available or visible on the Site.

IMAGES, COLOR & SIZING OF PRODUCTS & PRODUCT DESCRIPTIONS

We have made every effort to display the products, their color, and their sizing accurately. However, any information presented through or on our Site is made available solely for general information purposes. We cannot guarantee that your computer will display the colors accurately or reflect the products' color. The products delivered to you may vary slightly from those images. Although we have made every effort to be as accurate as possible, the measurements, dimensions, weights, and weight capacities shown on our Site are approximate only. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from such reliance placed on any materials and product information by you or any visitor to the Site. The Site may include content provided by third parties. We do not warrant that all statements, opinions, or content expressed by these third parties or us are accurate, complete, reliable, current, or error-free.

CONTACTING US

If you have any questions about these Terms & Conditions, please contact us by email, by phone at, or by mail

CANADA: Moe's Home Collection 1728 Glen Drive, V6A 4L5 Vancouver B.C, Canada

USA: Moe’s Home Collection, 18621 89th Place, South Kent, WA 98031 USA.