Terms and Conditions
Welcome to our site https://imobilesolutions.com. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use.
Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the iMobile App web site (the “Site’”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by iMobile App upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time from the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
If you wish to become a User, you are required to register by creating an account. If you register, you represent and warrant to iMobile Solutions, Inc.. that: (i) you are of legal age to form a binding contract, and, if you are acting on behalf of an organization, you have the right to enter this Agreement on behalf of such organization; (ii) you will provide iMobile Solutions, Inc.. with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) you have all legal rights to publish and distribute mobile website versions of the User blogs and websites you input into the Service (the “User Authorized Sites”). iMobile Solutions, Inc.. reserves the right to terminate or suspend your status as a User in the event that you breach any term of this Agreement.
Provision of Service
During the period that you are a User in good standing (the “Term”), you are entitled to use the Service to create mobile website versions of the User Authorized Sites (such mobile versions the “User Mobile Sites”). As part of the Service, iMobile Solutions, Inc.. will host the User Mobile Sites on its servers. User acknowledges that User Mobile Sites are updated at regular intervals, so that the User Mobile Sites will not immediately reflect changes to the User Authorized Sites. iMobile Solutions, Inc.. is not responsible for any errors or delays in the Service caused by any error or fault of User with the User Authorized Sites or the RSS feeds sent to iMobile Solutions, Inc… User will ensure that the User Authorized Sites do not contain any computer virus, code or other feature that may harm or impair the operation of the Service.
The Service includes the right for User to use (a) iMobile Solutions, Inc..’s online tools to optimize the User Authorized Sites for mobile delivery; and (b) iMobile Solutions, Inc.. mobile tags on User Authorized Sites to alert end users to the User Mobile Sites (such tools and tags the “iMobile Solutions, Inc.. Tools”). iMobile Solutions, Inc.. grants User a limited, non-exclusive, non-transferable right and license to use the iMobile Solutions, Inc.. Tools during the Term in connection with User’s use of the Service. Except as expressly permitted herein, User shall not copy, modify, distribute, sublicense, make available, reverse engineer, reverse compile or otherwise use the iMobile Solutions, Inc.. Tools. No license is granted to User to iMobile Solutions, Inc.. Tools or any other proprietary technology or intellectual property of iMobile Solutions, Inc.. except as expressly stated herein, and iMobile Solutions, Inc.. reserves all rights therein.
User hereby grants to iMobile Solutions, Inc.. the limited, non-exclusive, right and license: (a) to use, copy and publish the User Authorized Sites to create User Mobile Sites and to display such User Mobile Sites to end-user. In addition, User hereby grants iMobile Solutions, Inc.. the limited, non-exclusive right and license to display an image of User Mobile Sites (or any part thereof) in iMobile Solutions, Inc..’s marketing materials and on iMobile Solutions, Inc..’s websites. Users may opt out of such use of User Mobile Sites by sending written notice to iMobile Solutions, Inc.. at [email address], and in the event of such opt out iMobile Solutions, Inc.. will cease use of your User Mobile Sites promptly, subject to a reasonable transition period to allow iMobile Solutions, Inc.. to make changes to marketing materials and websites. Except for the limited licenses granted to iMobile Solutions, Inc.. in this Agreement, iMobile Solutions, Inc.. acquires no rights in or to the User Authorized Sites, and all such rights are retained and reserved exclusively by User.
The Service includes the following benefits: (a) iMobile Solutions, Inc.. shall use commercially reasonable efforts so that the Service is available 24 hours per day, 365 days per year, subject to reasonable periodic maintenance and any necessary emergency maintenance; (b) iMobile Solutions, Inc.. shall use commercially reasonable efforts to supply access to analytics for the User Mobile Sites 24 hours a day; and (c) iMobile Solutions, Inc.. shall use commercially reasonable efforts to allow you access to our proprietary mobile site layout tool 24 hours a day. You are not entitled to any refund for the period from when you give notice to the end of the billing cycle.
Use of the Service is subject to payment of the applicable fees listed on the iMobile Solutions, Inc.. website, which are paid by User by credit card or arranged invoice. If any credit card payment is dishonored or charged back to iMobile Solutions, Inc.., the User remains liable to iMobile Solutions, Inc.. for the full amount of fees payable. iMobile Solutions, Inc.. reserves the right to collect interest at the maximum rate permitted by applicable law on overdue balances. If iMobile Solutions, Inc.. terminates your User status or use of the Service as a result of breach of this Agreement, you will not be entitled to any refund of fees paid. If any taxes, including sales, use or service taxes, are applicable to iMobile Solutions, Inc..’s provision of the Service to you, you are responsible for payment of such taxes.
iMobile Solutions, Inc.. employs two mobile advertising options:
Your User Mobile Sites will not have ads automatically placed on them. You may choose to actively enable ads on your User Mobile Site by using the “Monetize” menu, which allows you to:
- Opt to place your own custom mobile ad tags on the User Mobile Sites
- Opt in to select either the AdMob network or the Google AdSense network
Rules of Conduct for the Service
You shall not:
- Use the Service for any purpose in violation of local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Authorized Site;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Harvest or collect any data from [business website], or use any automated means, including spiders, robots, crawlers, data mining tools or the like to download data from [business website] or relating to the Service (other than Internet search engines operating on terms reasonably acceptable to iMobile Solutions, Inc..);
- Attempt to gain unauthorized access to iMobile Solutions, Inc..’s computer systems; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in iMobile Solutions, Inc..’s sole judgment, exposes iMobile Solutions, Inc.. to any liability or detriment of any type.
- The Service may not be used to publish, distribute or otherwise make available any material that:
- Is libelous, defamatory, threatening, abusive, scandalous, obscene or unlawful or that encourages a criminal offense;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
- iMobile Solutions, Inc.. reserves the right (but is not obligated) to do any or all of the following:
- Investigate any allegation that any User Authorized Site does not conform to the terms and conditions of this Agreement; or
- Disable access to the Service with respect to any User Authorized Site that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement.
- iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates have no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on [business website], including any Submissions (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. iMobile Solutions, Inc.. authorizes you to view, download, and use the Site Content solely in connection with your authorized use of the Service in accordance with this Agreement. Except as expressly permitted above, copying, modifying, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of iMobile Solutions, Inc… In addition, you may not link to any part of the Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere without iMobile Solutions, Inc..’s written consent.
All software used by iMobile Solutions, Inc.. to operate the Service is proprietary to us or to third parties, and except as may be required to use the Service in accordance with this Agreement, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The mark iMobile Solutions, Inc.. is proprietary to us, and it may not be used in connection with any service or products other than those provided by iMobile Solutions, Inc.., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iMobile Solutions, Inc… Any use of the iMobile Solutions, Inc.. mark, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Certain types of data and analytics are generated in connection with use of the Service: (a) “User Data”, meaning any data and analytics specific to User, including number of page views, the types of handsets of viewers of User Mobile Sites, and the source of mobile traffic; and (b) “Aggregated Data”, meaning data generated by iMobile Solutions, Inc.. in connection with this Agreement that does not identify User, including aggregated traffic analysis, aggregated usage reports, and aggregated information about end-user access to mobile websites. iMobile Solutions, Inc.. does not collect personally identifiable information from the Service. iMobile Solutions, Inc.. shall make the User Data available to User on [business website] via a secured account and login in provided by iMobile Solutions, Inc… As between User and iMobile Solutions, Inc.. and to the extent permitted by law: (i) User owns and retains all rights to User Data, and iMobile Solutions, Inc.. e shall use User Data only for the purposes of this Agreement; and (ii) iMobile Solutions, Inc.. owns and retains all rights to Aggregated Data. You agree, and represent and warrant, that your use or other exploitation of the Service and the Site Content, or any portion thereof, will be consistent with the licenses, covenants and restrictions in this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
You agree that iMobile Solutions, Inc.. may refer to or feature your User Mobile Site on its own websites or promotional materials at any time, in its discretion (although you may opt out of this by contacting iMobile Solutions, Inc.. in writing).
Intellectual Property Ownership
(a) Our Content.
All content included on this site is and shall continue to be the property of iMobile App or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by iMobile App . Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Mobile Web App is the trademark or registered trademark of iMobile App . Other product and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content.
By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use.
iMobile App grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of iMobile App , and iMobile App may terminate your use of this website at any time.
(d) Other Uses.
All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without prior express written consent from iMobile App .
Terms Relating to User Supplied Site Content
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not
- use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose,
- place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
- place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
- place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site,
- place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site,
- pretend to be another person that you are not,
- place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
This Service is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or send any information about yourself to us.
Applicable Law and Jurisdiction;
The Service are controlled by iMobile Solutions, Inc.. and operated by iMobile Solutions, Inc.. from its offices in and around New York, NY. Because the Service is made available by means of the Internet it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of New York and from each other, and as you and iMobile Solutions, Inc.. both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Service, by using the Service you and iMobile Solutions, Inc.. agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of New York, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Service will be heard and resolved in the federal and state courts located in New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Service from locations other than New York, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Site Content in violation of U.S. export laws or regulations.
No delay or omission by iMobile Solutions, Inc. in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by iMobile Solutions, Inc.. of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and iMobile Solutions, Inc.. regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement may be assigned by iMobile Solutions, Inc.. to any successor to its business, whether by merger, change of control, or sale of all or substantially all of its assets. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Warranty Disclaimers and Limitations of Liability
If you have paid all fees due, iMobile Solutions, Inc.. covenants that it will deliver the Service in accordance with applicable industry standards. In the event of any breach of such covenant, or other failure or defect with respect to the Service, the sole and exclusive remedy of the User, and the sole and exclusive liability of iMobile Solutions, Inc.., shall be, at iMobile Solutions, Inc.. option (a) to re-perform the Service to remedy the defect or failure or (b) to refund the amount paid for the period during which the Service was alleged to be defective.
Except as stated in the previous paragraph, iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates make no representations or warranties of any kind regarding the Service and the Site Content, and iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from iMobile Solutions, Inc.., any of iMobile Solutions, Inc.. Affiliates or through the Service or Site Content will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM iMobile Solutions, Inc.. OR iMobile Solutions, Inc.. AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF iMobile Solutions, Inc.. OR iMobile Solutions, Inc.. AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF iMobile Solutions, Inc.. AND iMobile Solutions, Inc.. AFFILIATES FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO iMobile Solutions, Inc.. FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnity of iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates; Termination of Use.
You agree to indemnify, hold harmless, and at their respective options, defend iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Service or Site Content. For any indemnified matter, iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with iMobile Solutions, Inc.. and iMobile Solutions, Inc.. Affiliates in such matter.
iMobile Solutions, Inc.. may, at its option, suspend or terminate any User’s access to any or all of the Service, including your password and account, at any time on notice to you. If such termination occurs due to breach of this Agreement by you, you will not be entitled to any refund on account of termination. If termination is not due to breach of this Agreement by you, termination will take effect at the end of the then-applicable billing cycle, and no further payments shall be due from you.
(a) DISCLAIMER OF WARRANTIES.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. iMobile App DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. FURTHERMORE, iMobile App DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iMobile App , ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY.
iMobile App SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH iMobile App OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF iMobile App HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS.
The information presented in this Website is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used.
There is no guarantee that you will earn any money using any of the ideas presented in our in materials. Examples in our materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. No guarantee is made that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
Digital Millennium Copyright Act Compliance
iMobile Solutions, Inc.. complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. Â§512, as amended). If any person has any complaints or objections to material posted on the Service or on any User Mobile Site hosted by the Service, you may contact our Designated Agent at the following address:
iMobile Solutions, Inc.
555 Fifth Avenue
New York, New York 10017
Any notice alleging that materials on this Service or on any User Mobile Site hosted by the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the [Name of website operator] Web site. You may not use the iMobile App Web site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold [name of website operator] and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(f) Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and iMobile App , or its affiliates. Venue shall be in New York county.
(g) Arbitration. As part of the consideration that iMobile App requires for viewing, using or interacting with this website, you agree to the use of binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to this website. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of New York. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
(h) Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
(i) Termination. iMobile App may terminate this Agreement at any time, with or without notice, for any reason.
(j) Contact Information.
HOW TO CONTACT US:
iMobile Solutions, Inc.
555 Fifth Avenue
New York, New York 10017