Our Online Terms & Conditions of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS MOBILEFRAME LLC ("MOBILEFRAME") WEBSITE (THE "SITE"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
YOU AGREE THAT MOBILEFRAME AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, SERVICES, PROGRAMS, AND PRICES DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND FURTHER AGREE THAT MOBILEFRAME CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN MADE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
General Use Restrictions
Except for Third Party Materials, all information, documents, products, and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by MobileFrame.
MobileFrame grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the MobileFrame copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.
Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
Any computer software, which may be downloaded or is otherwise available from the Site ("Software") is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Site without MobileFrame's express prior written consent. MobileFrame and its licensors retain title to any such software downloaded from the Site and you are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, MOBILEFRAME DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MobileFrame and its licensors reserve all other intellectual property rights in and relating to such software.
Third Party Content
Certain information and content may be provided by third parties to MobileFrame ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. MOBILEFRAME DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
No "Framing" or Other Unauthorized Use
You agree not to "frame", "mirror", or use in any manner any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of MobileFrame or its licensors, respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on or through the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that MobileFrame has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to Third Party Sites
Restricted Areas of the Site
Certain areas of the Site are restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your account information, if any. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify MobileFrame of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold MobileFrame entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by MobileFrame in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
MobileFrame is a registered trademark of MOBILEFRAME LLC in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of MOBILEFRAME LLC, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by MobileFrame, and agree that MobileFrame does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that MobileFrame has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by MobileFrame or its licensors.
MOBILEFRAME, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILEFRAME SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION, MATERIAL, SOFTWARE OR THIRD PARTY CONTENT CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL MOBILEFRAME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF MOBILEFRAME HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws; Export Control
MobileFrame controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials, Third Party Content, and Software are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
You acknowledge and agree that the Materials and the Third Party Content are subject to the U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to U.S. law is prohibited. You agree that none of the Materials or and the Third Party Content, nor any product or services acquired through the use of the Site, is being acquired for, shipment, transfer, or re-export, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
MobileFrame does not monitor your data or transmissions, yet, MobileFrame does actively monitor usage for system utilization and billing records. However, if MobileFrame becomes aware of inappropriate use of the Site or any MobileFrame service, MobileFrame will respond. You acknowledge that MobileFrame will report to law enforcement authorities any actions, which may be considered illegal, as well as any reports it receives of such conduct. MobileFrame will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, MobileFrame reserves the right to terminate service to you without notice.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the Superior Court of California in and for the County of Santa Clara for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MobileFrame to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. The Terms comprise the entire agreement between you and MobileFrame and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.