Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials
(information or software) on mobilerra, LLC’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on mobilerra, LLC’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by mobilerra, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on mobilerra, LLC’s web site are provided “as is”. mobilerra, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, mobilerra, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Mobilerra.com mobile SEO Company Reseller Services, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on mobilerra, LLC’s Internet site, even if mobilerra, LLC or a mobilerra, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on mobilerra, LLC’s web site could include technical, typographical, or photographic errors. mobilerra, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. mobilerra, LLC may make changes to the materials contained on its web site at any time without notice. mobilerra, LLC does not, however, make any commitment to update the materials.
mobilerra, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by mobilerra, LLC of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to mobilerra, LLC’s web site on “mobilegeddon” shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
mobilerra TERMS AND CONDITIONS
Last Revised: 04/09/2015
1. ACCEPTANCE OF TERMS AND CONDITIONS
mobilerra, LLC provides its service to you, subject to the following Terms and Conditions (“T&C”), which may be updated without any notice. You (“Licensee”) can review the most current version of the T&C at any time by visiting this page. Different Terms and Conditions may apply to other services owned or operated by mobilerra.
2. DESCRIPTION OF SERVICE
mobilerra provides customers with access to a rich collection of resources, including various communications tools, mobile services, search services, personalized content and branded programming through its network of properties which may be accessed through any various mediums or devices now known or hereafter developed (the “Service”).
3. PAYMENT AND PROCESSING
mobilerra may make available to you various payment processing methods to facilitate the purchase of Services from mobilerra. You must abide by any relevant terms and conditions or other legal agreement, whether with mobilerra or a third party, that governs your use of a given payment processing method. mobilerra may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Services that you order and that mobilerra may charge your credit card or other form of payment that you indicate for any Services ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on mobilerra.
mobilerra displays the pricing for Services on Mobile SEO Company mobilerra.com and within your Account Center. Pricing and availability of all Services are subject to change at any time.
You are responsible for any Taxes where applicable, and must pay mobilerra for Services without any reduction for Taxes. If mobilerra is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide mobilerra with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to mobilerra, you must provide mobilerra with an official tax receipt or other appropriate documentation to support such payments. “Taxes” means any duties, customs fees, or taxes (other than mobilerra’s income tax) associated with the sale of Services, including any related penalties or interest.
Payments shall be in United States dollars.
If the Licensee’s procedures require that an invoice be submitted against a purchase order before payment can be made, the Licensee will be responsible for issuing such purchase order 5 days before the payment due date and must be setup with mobilerra ahead of time to receive invoices.
4. SUPPORT SERVICES
mobilerra Support is available online (www.mobilerra.com), 24 hours a day, 7 days a week, by calling 315.600.TEXT or by chatting with a representative during normal business days from 9:00AM EST to 4:00PM EST, or by calling your Customer Care Representative should you have one.
mobilerra shall use commercially reasonable efforts without unnecessary delays to correct the problems/defects reported or provide Licensee with a way to temporarily work around the critical problem if able to do so, or notify Licensee on a regular basis as to the progress of the corrective efforts, until such time as a correction can be made.
Licensee, upon detection of any error, defect or nonconformity, shall if requested by mobilerra, submit to mobilerra a listing of output and any such other data which mobilerra reasonably may request in order to reproduce operating conditions similar to those present when the error occurred or the defect or nonconformity was discovered, as the case may be.
In addition, texting HELP to any of the mobilerra managed shortcodes will provide additional help and support information. (i.e. HELP to 24587)
Either party may disclose the general existence and nature of any written Agreements, but may not disclose the specific terms of any written Agreement without the prior consent of the other party. mobilerra shall not issue a press release without first obtaining the cooperation and permission of Licensee.
6. TERM AND TERMINATION
mobilerra may determine whether or not your conduct complies with these terms and may end the service at any time if your conduct does not comply with the terms.
The termination of any license shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee’s obligation to pay all fees that accrued prior to such termination.
Upon termination, the Licensee must have all outstanding invoices and debts fully paid before an electronic output of the Licensee’s complete contact database can be released. mobilerra will deliver an electronic output of the Licensee’s complete contact database within thirty (30) days from receiving payments for all outstanding debts. If the Licensee requires a custom extract of their data, an additional fee will be applied in order to extract the needed information.
Upon termination, mobilerra will take all reasonable efforts to erase, remove and destroy the Licensee’s complete contact database.
7. SERVICE USE
mobilerra will provide the services in accordance with industry standards.
mobilerra will publicize changes to the services which apply generally.
mobilerra will give you advance notice of any interruption of a service due to maintenance.
In order to manage or send messages from the mobilerra Mobile Marketing and Messaging Platform, you must register for an account. Registering for an account can only be done on www.mobilerra.com or by contacting someone at mobilerra directly. Upon registering, the “Licensee”, will be granted a “License” to use the products and services available on the mobilerra Mobile Marketing and Messaging platform.
You must only use the services –
in accordance with the terms;
for lawful purposes;
in accordance with all applicable local, national and international laws and regulations; and for the purposes for which they are designed.
When you use our services, you must not –
do anything which violates any terms;
send junk text (SMS) messages, spam or any unsolicited messages (commercial or otherwise);
make any misrepresentation including (without limitation) deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”;
violate or infringe any intellectual property rights;
do anything which does or may –
damage, impair, overburden or disable any system of any person (including us) using our services;
interfere with another user’s use and enjoyment of the service or of similar services;
interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or compromise or tamper with the security of our or any other person’s software, hardware, systems, networks or services;
transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
harvest or collect information about others, including email addresses, without their consent for any reason;
violate the privacy of any person;
reproduce, duplicate, copy, sell or re-sell any of our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or the information or data contained in our services;
repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
transmit content that you do not own or do not have the right to publish or distribute;
access any of our services or any similar service of any third party or any network without authorization or through hacking, password mining or any other means;
perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
help any third party to do any of the above.
We encourage the use and publicity of anti-spam policies.
Licensee is responsible for following the best practices of the CTIA as outlined here: http://www.ctia.org/policy-initiatives/common-short-codes/best-practices-successes
We provide you with a login and password. Any security measures over and above these are your responsibility.
Although we provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without notice to you. You must test the specifications thoroughly on a regular basis, as we are not liable for specifications that may be incorrect or incomplete.
must keep your password, account name and account information confidential and must not disclose these to third parties;
must not circumvent, or attempt to circumvent, our user authentication systems;
are entirely responsible for all payments and any activities that occur under your account;
are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.
You must tell us immediately if there is any unauthorized use of your account or any other breach of security.
mobilerra gives you the ability to add single contacts and/or the ability to upload multiple contacts. You agree by uploading or adding contacts you are solely responsible for the collection of these numbers and have gotten prior written consent from these individuals to send them text or email messages.
Mobile Contests & Sweepstakes (Text-to-Win)
Contestants will be asked to text message a KEYWORD (as announced on-air, on-line, or in print media) to “24587”. Only those text messages to the specific phone number provided (24587), at the time texting is solicited, shall be eligible to win. Texting to any other phone number is not acceptable. People may also go to website to enter their mobile phone number to qualify, which will prompt a text back to their mobile phone telling them they are entered. Winners will be selected in accordance with the criteria announced when text messages are solicited. For all text message based entries, use of robotic, automatic, programmed or similar entry modes is prohibited and will be void. In case of an identity dispute, the registered user of the text message account on the date of entry will be the recognized user. Participants acknowledge that messages are distributed via third party mobile network providers and, therefore, mobilerra cannot control certain factors relating to message delivery. Participants acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully. mobilerra does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. mobilerra does not charge a fee for this service. It is each Participant’s responsibility to check with their individual carrier, as other charges may apply. mobilerra assumes no responsibility for charges incurred for text-messaging.
mobilerra is not responsible for entries not received due to difficulty accessing the Internet, service outages or delays, computer difficulties or other technological glitches. mobilerra is not responsible for any lost, disconnected, dropped, misdirected or incomplete telephone calls. Entrants may be disqualified at the sole discretion of mobilerra. No responsibility or liability is assumed by the Sponsor and its Administrators for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Web Site or text messaging capabilities or telephone systems: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text messaging or telephone transmissions to be sent to or received; lost, late, delayed or intercepted e-mail or text messaging transmissions; inaccessibility of the Web Site or phone system in whole or in part for any reason; traffic congestion on the Internet or Web Site or phone lines that prevent entry into the Contest; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Contest or data thereof, including without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Contest. Not all means of entry (as described above) may be available at all times throughout the Contest Period; Sponsor reserves the right to cancel or suspend one or more means of entry in the event of one of the foregoing occurrences. Sponsor and its Administrators are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Contest, or use of or download of any information from the Web Site. Use of Web Site is at user’s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize or gear item. Winner bears all risk of loss or damage to prize or gear item after delivery.
The computers of the Sponsor are the official timekeeping device of the Contest.
Mobile Marketing For Tobacco and Alcohol
mobilerra shared shortcodes can be used for marketing tobacco and alcohol under the following guidelines:
Hard alcohol programs should only be marketed in locations that have age verification.
Alcohol marketing should not directly promote the use of or consumption of alcohol.
Any reference to the abuse of alcohol, drugs, tobacco or other controlled substances is strictly prohibited. This includes verbal and non-verbal actions in which a person could conclude that promotion of drug use is intended.
Tobacco and Alcohol companies engaging in promotional mobile marketing programs, defined as programs that DO NOT directly advocate or promote the use or consumption of tobacco and alcohol, must maintain their commitment to responsible marketing via age verification practices compatible with mobile program opt-in methods.
Program opt-in is only completed once the mobile subscriber has been verified as an adult consumer.
Standard Text Messaging and Data rates apply for all messages sent to and from the Contestant.
Receiving Messages and/or initiating a message response
Anyone can receive mobile messages from a mobilerra managed shortcode by opting-in to an approved mobile program. mobilerra managed shortcodes include, but are not limited to 24587, 31279 and 63784.
mobilerra’s Products and Services are supported on the following mobile carriers in the United States and Puerto Rico:
ACS Wireless, AIO Wireless, Alltel AWCC, Appalachian Wireless, AT&T, Bandwidth, Bluegrass Cellular, Boost (iDEN), Boost Unlimited (CDMA) C Spire, Cablevision, Carolina West Wireless, Cellcom, Cellular One (East Central Illinois, Montana, Northeast Arizona), Chat Mobility, Cincinnati Bell, Claro Puerto Rico, Cricket Communications, CTC, DTC Wireless, Duet Wireless, Epic Touch, Flat Wireless, GCI Communications, Golden State Cellular, Google Voice, Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, Leaco, MetroPCS, Mobi PCS, Mobile Nation, Mosaic Telecom, MTA Wireless, Nex-Tech Wireless, Northwest Missouri Cellular, nTelos Wireless, Open Mobile Puerto Rico, Peoples Wireless, Pine Cellular, Pioneer Cellular, Plateau Wireless, PTCI, Sagebrush Cellular, SouthernLinc Wireless, Sprint, Sprocket Wireless, Thumb Cellular, T-Mobile, Union Wireless, United Wireless, US Cellular, US Chariton Valley Cellular, Verizon Wireless, Viaero Wireless, Virgin Mobile USA, West Central Wireless
plus these additional carriers on shortcode 63784 only:
Element Mobile, Chariton Valley Cellular, RINA USA, Siwireless USA, Alaska DigiTel, Panhandle USA, Copper Valley USA
and the following mobile carriers in Canada:
Bell Mobility, Fido (part of Rogers Wireless), Lynx Mobility, Mobilicity, MTS Mobility, Rogers Wireless, SaskTel Mobility, Telus Mobility, Vidéotron, Virgin Mobile Canada, Wind Mobile.
In order to receive any messages from a mobilerra managed shortcode, a “User” must initiate an opt-in.
Sending a text message KEYWORD to a mobilerra managed shortcode from your mobile phone
Signing-up on mobilerra or an affiliated website
Giving permission and written consent of opt-in to a mobilerra Partner, Affiliate, or Customer.
The mobilerra Service is delivered without charge from mobilerra, however Standard Message and Data Rates May Apply. Standard text message charges will appear on licensee or users wireless bill, or will be deducted from a prepaid balance. Licensee or user is fully liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of mobilerra’s services. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages.
Message Subscriptions & Alerts
By Opting-In to a program, licensee or user is granting the content publisher to send standard text messages. Licensee or user ALWAYS have the right to unsubscribe at anytime from this service and will receive up to 10 messages per month, unless otherwise noted.
Licensee and all users can Opt-Out or Unsubscribe from this Service at any time. To Opt-Out, send STOP to the mobilerra managed shortcode from your mobile phone. (i.e. STOP to 24587) In addition to STOP, UNSUBSCRIBE, EXIT, QUIT, CANCEL can be used.
Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.
Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.
Messages and Other Limitations
mobilerra is not responsible for the deletion or failure to store information.
mobilerra sets no fixed upper limit on the number of messages you may send through the service apart from the Products and Services Schedule or your agreement.
Although we try our best to deliver messages quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as “delivered”.
mobilerra owns and/or operates several different Shortcodes. mobilerra will use all reasonable efforts to accommodate your preferred Shortcode, however mobilerra reserves the right to change your Shortcode at any time with thirty (30) days written notice.
Mobile Keywords are valid for the life of an active account. Accounts are active if paid in full up to 60 days past the account due date. If an account is not paid in full after 60 days past the due date, mobilerra reserves the right to remove your Keyword(s) from your account.
8. SERVICE AVAILABILITY
mobilerra shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time-to-time the Services may be inaccessible or inoperable for any reason, including, without limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that mobilerra may undertake from time to time; or
3. causes beyond the control of mobilerra or that are not reasonably foreseeable by mobilerra including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree mobilerra has no control of availability of the Services on a continuous or uninterrupted basis. You further agree that as a normal course of its business, it may be necessary for mobilerra to migrate its servers. As a result, even though You may have a dedicated IP, You may be assigned a different IP number. mobilerra does not warrant that You will be able to consistently maintain Your given IP numbers.
9. SERVICE AVAILABILITY GUARANTEE
mobilerra offers a service uptime guarantee for the Services of 99.9% (“Service Uptime”) of available time. If mobilerra fails to maintain this level of service availability, You may contact mobilerra and request a credit of 5% off your monthly hosting fee from mobilerra for that month. The credit may be used only for the purchase of further products and services from mobilerra, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
1. periodic scheduled maintenance or repairs mobilerra may undertake from time to time;
2. errors caused by You from custom scripting or coding;
3. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
4. causes beyond the control of mobilerra or that are not reasonably foreseeable by mobilerra;
5. outages related to the reliability of certain programming environments; and
6. message delivery outside the control of mobilerra.
Total Service Uptime shall be solely determined by mobilerra and shall be calculated on a monthly basis.
mobilerra respects your privacy.
mobilerra will not use or share any information, text messages, email messages, or other Licensee provided information.
mobilerra will not send any messages directly to Licensee’s end users or contacts unless initiated by Licensee or in direct response to an advertisement interaction from placement of an advertisement on Licensee’s Messages.
mobilerra does not monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.
mobilerra will protect your privacy on systems and websites that we control to the extent possible.
mobilerra does not warrant the security of the information which you transmit to us.
You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.
You agree to indemnify and hold mobilerra, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. mobilerra EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
mobilerra MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mobilerra OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT mobilerra SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF mobilerra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. FORCE MAJEURE
Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any fire, flood, explosion, war, strikes, threatened strikes, stoppage of work, slowdowns, picketing, boycotts, embargoes, requirements imposed by governmental regulations, civil or military authorities, acts of God, or other causes that are beyond the reasonable control and without the fault of negligence of the Party unable to perform; provided that such Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this Agreement.
In the course of the parties’ business relationship, each of the parties is likely to receive, learn, or otherwise have access to Confidential Information of the other party. As used in this Agreement, “Confidential Information” includes, without limitation, all trade secrets and business, financial and technical information of a party and its affiliates (whether disclosed orally or in documentary form), including, but not limited to, all source codes, object codes, diagrams, flowcharts, algorithms, processes, specifications or functional descriptions, methodologies, tools, techniques, programs, concepts, systems, data, designs, copy, artwork, reports, documents, sales and consumer information, procurement and supplier information, product and brand information, product concepts and potential names and slogans, operational information, personnel information, marketing and promotional information, advertising plans and information, research, ideas, plans, strategies, any information contained in reports and all other information and materials, in whatever form, relating to the current or potential business activities of the party and its affiliates. A party’s information will not be considered Confidential Information protected hereunder to the extent the same: (1) was or has become readily available from sources in the public domain (unless it became so available through a breach of a duty of confidentiality to the disclosing party by the other party hereto), (2) was either known to the other party prior to disclosure hereunder or was subsequently independently developed without any use of the disclosing party’s Confidential Information, or (3) was disclosed to the other party by a third party who had the right to disclose the same to such other party and who did not obtain it in confidence from the disclosing party. Each of the parties agrees that it will hold all Confidential Information of the other party in strict confidence and will not disclose (or allow others to disclose) any Confidential Information to any third party, except as may be expressly allowed by this Agreement, required by law or court order in circumstances where such party gives the disclosing party as much prior notice as practical such that the disclosing party can seek through appropriate means to limit or restrict such disclosure. Each of the parties also agrees that it will not make any use whatsoever of the Confidential Information of the other party except as needed to perform its obligations or to assert its rights or remedies hereunder. Promptly upon termination or expiration of this agreement, and immediately upon request at any other time (to the extent consistent with the continued performance of this agreement), each party will destroy all of such other party’s Confidential Information.
Please report any violations of the T&C to firstname.lastname@example.org 4809809629