Terms of ServiceWelcome! When using Mobleo's services, you agree to the terms and conditions listed on this page (the "Terms of Service"), which may be updated by us from time to time. This page contains the most current version of these Terms of Service. Terms of Service Under Mobleo's privacy policy, we may disclose to third parties certain aggregate information contained in our users' registration applications, but we will not disclose your name, address, email address or telephone number without your prior written consent, except as required by law. A complete statement of our privacy policy can be found here. You are responsible for maintaining the confidentiality of your user name and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Users alone are responsible for the contents of the messages they communicate, and the advertisements they may create, when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming" or to engage in illegal activities. You further agree not to use our services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates typical community standards. In order to ensure that Mobleo is able to provide high quality services which are responsive to customer needs, you must consent to Mobleo employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Mobleo shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a users account. Mobleo's advertisements may provide links to merchant's, or other third-party, websites. Advertisers are obligated to provide accurate and current information to Mobleo at all times, however in certain circumstances it is possible that an advertiser may update it's website information before it updates Mobleo. By using this service you agree to be aware of this risk. Mobleo is not involved in any transaction between any user of our service and any advertiser who you might find while using our service; for this reason any question you might have with the advertiser must be taken directly to the advertiser. We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Mobleo's services, or violated these Terms of Service. You understand and agree that Mobleo's services are provided "AS-IS". Mobleo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF MOBLEO'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MOBLEO'S SERVICES IS 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 SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, MOBLEO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MOBLEO'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MOBLEO'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MOBLEO'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH MOBLEO'S SERVICES OR THAT MOBLEO'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. MOBLEO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE MOBLEO'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MOBLEO'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MOBLEO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify, defend and hold harmless Mobleo, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of Mobleo's successors, assigns and licensees. These Terms of Service will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Mobleo. |
