Mobile Posse Terms of Service

Welcome! We want everyone to enjoy the content, applications and services provided by Mobile Posse, Inc., its affiliates and brands. Below we spell out some rules that apply to you if you use our Services.

Every time you visit this website, use its services, applications or make a purchase, you agree to the following terms and conditions (“Terms”).

 By accessing to these Terms, you also agree that you and we can resolve any disputes by arbitration. See Section 14 below.

1. These Terms serve as an agreement between you and us. These Terms exist to protect, you, our users, our partners and us. These Terms tell you:

  • The rules for using our websites, applications, content and services (the “Services”);
  • What you can do with our content;
  • What we can do with things you post or upload.

We use the terms “we” or “use” to mean Mobile Posse, Inc., its affiliates and brands, who provide the Services. We use the term “you” to mean any user of our Services.

2. We may update these Terms. As our Services evolve, we may need to update these Terms. We will post any updates on the Services, so please check in for updates. If you continue to use the Service after we post changes, you are agreeing to the updated Terms. If you do not agree to the updated Terms, stop using the Services.

We may require you to accept additional terms for new features we may offer from time to time. You will have an opportunity to review them.  The additional terms are binding if you use the additional features.

We can suspend or terminate your account and use of the Services at our sole discretion if we believe you are not complying with these Terms.

3. You agree that we may use and share your information in accordance with the terms of our Privacy Policy. This may include information you provide to us, such as your location, on mobile devices.

4. Who can be a user. You must: (1) be 18 or older, (2) have the power to enter a binding contract with us and (3) currently be a resident in the United States in order to use the Services. Any registration information you provide to us from time-to-time must be true, accurate, and complete, and you agree to keep it that way at all times. Do not pretend to be someone else.

5. We may update, change or discontinue any Service. We can make changes without notice and any obligation to you.

6. Be mindful about how you use our Services. We can take action against you if you are breaking laws, being obscene, or abusing our users and infrastructure. You may not access and use the Services:

  • In a way that violates the law, including promoting illegal conduct;
  • In a way that violates the rights of others;
  • To hack our infrastructure;
  • To scrape our data;
  • To make money off our Services and content;
  • To copy or redistribute our Services and content unless we allow it as in the form of sharing;
  • To reverse engineer or make derivative works of our Services;
  • To post or transfer materials that are obscene, harass others, denigrate others based on religion, gender, sexual preference, age, or race; or
  • To promote unlawful conduct.

You’re also responsible for the acts of others utilizing your access to our Services, as we have no way of distinguishing your actions from the actions of your sub-users. We may take any legal or technical remedy we deem necessary if we believe you are in violation of this section.

7. We and our vendors own all rights in the Service. We and, as the case may be, our vendors, own all legal right, title, and interest in and to the Services, including any intellectual property rights (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). Such intellectual property rights are protected by applicable laws.

8. We license, not sell, our Services. We give you a limited right to access and use the Services. We give you a limited, non-exclusive, “as-is,” revocable and non-transferable license to install and use the Service for your own use.

Open Source Software is not licensed under this Section 8 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

9. We are not responsible to you if you rely on advice, data, commentary, opinions or any other content on the Services. We cannot promise you that any content on the Services is always accurate, complete, or up to date. You rely on our content at your own risk. We may — but we have no obligation – to make the Service available in languages other than English.

10. We provide the Service “As Is.” WE PROVIDE THE SERVICES “AS IS” AND WITH ALL RISKS. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE FURTHER DISCLAIMS ANY GUARANTEE OF RESULTS, THAT THE SERVICE WILL BE AVAILABLE IN ALL PLACES AND ALWAYS, THAT CONTENT IS TIMELY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Our liability to you is limited. WE, OUR DISTRIBUTORS, SUPPLIERS, AFFILIATES, SUCCESSORS AND LICENSORS (the “SERVICE PROVIDERS”) SHALL NOT BE LIABLE TO YOU OR ANY SUCCESSOR OR HEIR UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT YOU HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. IN NO EVENT WILL THE SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

12. You must compensate us if someone sues us for any acts or omissions caused by you while using the Services. You agree to defend, indemnify, and hold us, our affiliates, directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) your breach of these Terms; (b) your acts or omissions; or (c) misrepresentations made by you.

13. If you believe someone is violating your copyrights on the Service, you can notify us by visiting https://mobileposse.com/copyright/.  Our copyright notice page implements the copyright notice and takedown procedures detailed in the Digital Millennium Copyright Act and other applicable copyright laws.

14. You and we agree to resolve any dispute over the Service or this Agreement by Arbitration.

14.1     In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, you and we will use our best efforts to settle it.  You and we will consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties. If you and we do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

14.2     The Federal Arbitration Act (“FAA”) governs these arbitration terms. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

14.3     Except as provided below, the AAA rules will govern the payment of filing fees and the AAA’s arbitrator’s fees and expenses. In any arbitration you commence, we will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose.

14.4     If you are an individual and use the Service for personal or household use, its Supplementary Procedures for Consumer-Related Disputes will also apply (“Consumer Claim”). For any qualified Consumer Claim, Mobile Posse will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award in a Consumer Claim that is more favorable than any offer Mobile Posse makes to resolve the claim, Mobile Posse will pay you the award or $1,000, whichever is greater, and pay your reasonable and necessary attorneys’ fees and expenses.

14.5     Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we may have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

14.6     You may also litigate any dispute in small claims court in your county of residence or Arlington County, Virginia, U.S.A., if the dispute meets all requirements to be heard in the small claims court.

14.8     To the extent permitted by law, any claim or dispute must be filed within one year in small claims court or in arbitration. The one-year period begins when the first could be filed or the claim is otherwise barred.

15. These Terms constitute the entire legal agreement between you and us and governs your use of the Service.  If any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. THE SERVICES ARE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SERVICES. You may not assign your rights and obligations under this Agreement to anyone else. The laws of the Commonwealth of Virginia govern the Terms of this Agreement. This Agreement may be executed electronically, which shall have the same force and effect as an Agreement signed in writing. We may provide you with required notices electronically. You and we are independent contractor of the other. This Agreement does not create a partnership, employment, or joint venture relationship. Sections 6, 9, 10 and 11 to 15 shall survive termination of the Agreement.

Last Updated: 25 September 2018

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