Terms of Service
Mobie Alert - Terms of Service
By clicking "Register", you agree to our Terms of Service.
IMPORTANT-READ CAREFULLY BEFORE
PROCEEDING
Read the Terms and Conditions of this Agreement carefully prior to
clicking "I ACCEPT." By using our mobile location-based emergency
alert and notification system application, Mobie Alert, and our
website, www.MobieAlert.com,
associated with these Terms and Conditions, or by clicking to accept
or agree to the Terms when this option is made available to you, you
acknowledge and agree to be bound by the provisions of this
Agreement with SquaresPix, LLC, ("SquaresPix") for the use of our
application, Mobie Alert, our mobile location-based emergency alert
and notification system services ("Services"). If you are not
willing to be bound by the Terms and Conditions of this Agreement,
or are not authorized to use our Services, or are not of age, or are
otherwise unable by law to be a party to this agreement, then you
must promptly exit from the application and/or the website.
SquaresPix reserves the right to discontinue services in the event
you do not otherwise comply with the Terms and Conditions contained
herein.
This agreement was written in English (US). To the
extent any translated version of this agreement conflicts with the
English version, the English version controls.
Date of Last
Revision: March 2, 2015.
Terms and Conditions of Services
SquaresPix LLC owns Mobie Alert, its intellectual property, and all
products associated with it. In all legal documents, SquaresPix and
Mobie Alert will be used interchangeably and jointly ("SquaresPix /
Mobie Alert") to refer to the legal parent entity, SquaresPix, and
its property, Mobie Alert, ("SquaresPix," "Mobie Alert," or "SMA").
This
Terms and Conditions of Services ("Terms," "Services" or "TCS") is
our terms of service that governs our relationship with users and
others who interact with SquaresPix / Mobie Alert. By using or
accessing Mobie Alert, you agree to these Terms, as updated from
time to time in accordance with Section 12 below.
1. Internet Service and Connectivity
a) You acknowledge and agree that it is your responsibility to
obtain and maintain your own Internet service through a third party
service provider for your mobile smart phones, tablets, computers,
laptops and other smart devices, in order to access and be able to
use Mobie Alert. This includes WiFi, cellular triangulation,
cellular networks and any method of wired and wireless communication
known in the industry.
b) You acknowledge and
agree that it is your responsibility to maintain functional mobile
smart phones, tablets, computers, laptops and other smart devices/
electronic instruments on which Mobie Alert operates using Android
and Apple operating systems and technology.
c)
Your mobile smart phones, tablets, laptops, computers and any other
device must be compatible with Apple and/or Android operating
systems and technology.
d) Furthermore, Mobie
Alert is not responsible for any time delay of push messages,
including missed push messages, due to our lack of control over
Apple and/or Google servers which host our application and its
broadcast of emergency alerts, cautionary alerts, and all
notifications messages.
2. Emergency 911
You acknowledge and agree that our application, Mobie Alert,
is NOT A SUBSTITUTE OR REPLACEMENT for official law enforcement and
other emergency responders, such as fire, police, National Guard, or
the military. If you deem it necessary, it is your responsibility to
contact 911 and request assistance during an emergency. Mobie Alert
may assist you with making the call, but we are not responsible if
the call gets dropped due to forces outside of our control, such as
your third party provider connectivity problems, or our third party
server provider, or the weather and other acts of God / Nature, or
the location which is inaccessible by cellular network, WiFi, etc..
3. Authorized Users
Mobie Alert is intended solely for the use of individuals,
companies, schools, institutions of higher learning,
quasi-governmental organizations, groups and other organizations
that have registered, subscribed and paid a fee with Mobie Alert
using our website or mobile application.
4. Grant of Rights to Use Services
Effective upon acceptance of this Agreement, SquaresPix hereby
grants to you a nonexclusive and nontransferable license to access
and use the Services, solely for personal, internal business, group,
school or organizational use. The license granted hereunder does not
convey and you shall have no right to sell use of the Services or
make any claim that you do have such rights.
You
are solely responsible for obtaining all equipment, approvals and
services necessary for connection to the Internet and all charges
associated with such connection to the Internet.
5. Registration
a) You will provide all data requested by Mobie Alert both (a) upon
signing up for the Services and (b) at subsequent times as requested
by us. You represent and warrant that any and all information so
provided will be true, accurate, current and complete.
b) Mobie Alert sends you a welcoming email to verify your email
address and other pertinent information. You may occasionally
receive information on products, services, special offers, or a
newsletter. Any emails containing information on special offers will
contain unsubscribe information, and you may opt-out of all future
special offer emails at any time. Notwithstanding anything in the
foregoing which could be construed to the contrary, your opting out
of special offer emails will not be deemed to prevent Mobie Alert's
delivery of emails related to the operation of the mobile
application or the website, the provision of the Services, or
changes to these Terms and Conditions.
c) You
acknowledge that SquaresPix may distribute registration data to
third parties, but that your name, address (home and email) and
telephone number will not be so distributed. Notwithstanding any
limitation contained in the foregoing, you acknowledge and agree
that SquaresPix may make available to third parties any and all
registration information (1) as may be required by law, (2) for the
purpose of operational security or storage, (3) for the purposes of
marketing Mobie Alert Services, or (4) in the event you grant us the
right to provide that information.
d) You
represent and warrant that you are at least 18 years in age, that
you have the legal authority to enter into this agreement, or that
your parents or guardians have entered into these Terms for you.
e) You agree to provide and maintain true, accurate,
current and complete registration information, and to revise such
information as necessary to comply with such requirement.
f) You are solely responsible for maintaining the
confidentiality of your User Name, Password, Email Address, Health
Data, and 4-digit Personal Identification Number (PIN). It is your
sole responsibility to ensure that all data, including your Health
Data, is accurate, true, and current in the event it is provided to
law enforcement and first responders to assist you.
g)
You shall not give account information to third parties and shall at
all times be responsible and liable for any transactions or
activities that originate from your account.
h)
You shall immediately notify Mobie Alert if any unauthorized use of
your account has occurred or of any other breach of security.
i) By acceptance of this Agreement, you acknowledge and
agree that your information shall be treated in accordance with
Mobie Alert's Privacy Rights and Data Usage Terms as the same may be
amended by us from time to time.
j) You
understand and agree that you and, if applicable, your company or
organization will assume all financial responsibilities for use of
the Services originating from your account by you and/or others.
k) You are solely responsible for any and all activity that
occurs with respect to your account including, but not limited to
initiating inbound and or outbound preset text messages, contact
list data, images, and message content.
6. SquaresPix's / Mobie Alert's Rights
a) SquaresPix shall own and retain all right, title and interest to
the application, Mobie Alert associated with these Terms and
Conditions and any and all aspects of the Services including, but
not limited to all copyrights, trademarks and all other intellectual
property rights associated therewith. Nothing in the grants of
rights to you under this Agreement shall be construed to transfer
any ownership interest in such rights to you.
b)
SquaresPix shall own and retain all right, title and interest to the
website associated with these Terms and Conditions and any and all
aspects of the Services including, but not limited to all
copyrights, trademarks and all other intellectual property rights
associated therewith. Nothing in the grant of rights to you under
this Agreement shall be construed to transfer any ownership interest
in such rights to you.
c) You may not, nor allow
any third party, to copy, distribute, sell, disclose, lend,
transfer, convey, modify, decompile, disassemble or reverse engineer
all or any portion of the Services.
d) The
copyright notices and other proprietary legends shall not be removed
from the Services.
e) No use of trademarks is
granted under this Agreement and you are prohibited from using Mobie
Alert trademarks in any capacity unless consented to in writing by
SquaresPix in its sole discretion.
f) You may not
grant any sub-license, leases or other rights in the Services to any
third party.
g) All rights not expressly granted
under this Agreement are retained by SquaresPix.
7. Termination
a) Either party may terminate this Agreement immediately upon notice
to the other party for any reason or for no reason.
b)
Without limiting the generality of the foregoing, SquaresPix / Mobie
Alert reserves the right to suspend, deny or terminate your Service
if we, in our sole discretion, believe you are using or plan to use
Mobie Alert Services in a manner that is unlawful, abusive,
prohibited by these Terms and Conditions, or if your use or planned
use of Mobie Alert Services creates or could create a potential
adverse impact to our ability to provide the Services to others (a
"Misuse").
c) Upon termination, you shall
immediately cease to use the Services and we shall have no further
obligations whatsoever to you. Any amounts owed by you for Services
rendered by us, prior to such termination, shall continue to be due
and payable regardless of such termination. In the event of a
termination for Misuse, any amounts already paid by you to us shall
immediately become forfeit and the property of SquaresPix,
regardless of whether or not the Services to be provided in
connection with such initial payment had been provided.
d)
SquaresPix /Mobie Alert shall not be liable to you or any third
party for terminating this Agreement.
8. Limitation of Liability
In no event shall SquaresPix / Mobie Alert be liable to you or
any third party for special, indirect, incidental or consequential
damages whether arising under contract, warranty, or tort (including
negligence or strict liability) or any other theory of liability
whether arising out of your use of the website associated with these
terms and conditions, the Services, or otherwise. SquaresPix / Mobie
Alert's liability for damages, regardless of the form of the action,
shall not exceed the license fee paid by you for the Services, if
any. The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this Section will
survive and apply even if any limited remedy specified in this
Agreement is found to have failed in its essential purpose.
9. Warranty Disclaimer
a) The Services licensed hereunder are licensed "as is" and "as
available" and SquaresPix / Mobie Alert makes no warranties, express
or implied, including but not limited to the implied warranties of
merchantability and fitness for a particular purpose and any similar
warranty whether said warranty arises under provisions of any law of
the United States or any state thereof. SquaresPix / Mobie Alert
make no representations or warranties that the Services are free of
rightful claims of any third party for infringement of proprietary
rights. The entire risk associated with the use of the Services
shall be borne solely by you.
b) SquaresPix /
Mobie Alert makes no warranty that the Services will meet your
requirements, or that the Services will be uninterrupted, timely,
secure, error free or that any defects in the Services will be
corrected.
c) SquaresPix / Mobie Alert makes no
warranty that your Personal and Health Data is accurate, true,
current, up-to-date or error free as it is information you provided
to us. As such, we make no warranty as to its use to first
responders and law enforcement in situations where it is provided to
them by yourself, members of your circle, others or us.
d)
SquaresPix / Mobie Alert does not make any warranty pertaining to
any goods or Services purchased, obtained, secured or acquired
through the Services or any transaction entered into through the
Services.
e) SquaresPix / Mobie Alert does not
warrant the accuracy or reliability of the results obtained through
use of the Services or any data or information read and/or
downloaded or otherwise obtained or acquired through the use of the
Services. You acknowledge that any data or information read and/or
downloaded or otherwise obtained or acquired through the use of the
Services are obtained at your sole risk and we will not be liable or
responsible for any damage to you or your property.
f)
You have not relied and will not rely on any representation or
warranty implied or expressed by SquaresPix / Mobie Alert or any
persons associated with SquaresPix / Mobie Alert other than those
expressly set forth as part of these Terms and Conditions.
g) You understand that SquaresPix / Mobie Alert cannot and
does not guarantee or warrant that any files available for
downloading from the Internet or the website associated with these
Terms and Conditions will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for
maintaining a means external to the application and website
associated with these Terms and Conditions for any reconstruction of
any lost data.
SQUARESPIX / MOBIE ALERT WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT AND/OR MOBILE
DEVICES, COMPUTER PROGRAMS AND/OR MOBILE APPLICATIONS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION AND WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE
OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
10. Indemnification
You shall indemnify and hold harmless SquaresPix, its
directors, officers, employees and agents from and against all
liabilities, losses, costs, expenses (including reasonable
attorneys' fees), and damages resulting from any negligent acts,
omissions or misconduct by you, your use of the Services, or any
breach of the Terms and Conditions of this Agreement by you.
11. Modification to Services
a) During the term of this Agreement, SquaresPix may modify or
discontinue / terminate one or more of the Services.
b)
SquaresPix shall not be liable to you or any third party for any
reason for our modifying or terminating of such Services.
c) You are responsible for saving any personal important or
critical information that generated during your use of SquaresPix's
application, Mobie Alert, in connection with the provision of the
Services.
12. Modification to Agreement
SquaresPix may automatically amend these Terms and Conditions
at any time by (i) posting a revised agreement on the Mobie Alert
website, or (ii) sending information regarding the Terms and
Conditions amendment to the email address you provided to
SquaresPix's Mobie Alert website. You are responsible for regularly
reviewing the Mobie Alert website to obtain timely notice of such
amendments. You will be deemed to have accepted the amended Terms
and Conditions if you continue to use Mobie Alert's Services after
such amended Terms and Conditions have been posted or information
regarding such amendment has been sent to you.
13. Rules and Regulations
SquaresPix may set numerical limits to the amount of alerts you may
send through the Services. You agree to abide by all applicable
local, state, federal, national and international laws and
regulations and are solely responsible for all acts or omissions
that occur under your Username, Email Address and Password,
including the content of your transmissions through the Service. By
way of example, and not as a limitation, you agree not to:
a) Use the Service in connection with the delivery or
transmission of unsolicited messages (commercial or otherwise) or
spamming.
b) Create a false identity, or forged
email address, or otherwise attempt to mislead others as to the
identity of the sender or the origin of the message or the purpose
of the message.
c) Impersonate any other person
or entity or misrepresent your affiliation with any other person or
entity.
d) Use the Services to create or
distribute any images, sounds, messages or other materials, which
are obscene, harassing, racist, malicious, fraudulent or libelous,
nor use the Services for any activity that may be considered or are
unethical, immoral, or illegal.
e) Transmit
through the Service unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
f) Transmit any
material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of
publicity.
g) Transmit any material that contains
viruses, Trojan horses, worms, time bombs, cancel bots, or any other
harmful or deleterious programs.
h) Violate any
U.S. law regarding the transmission of technical data or software
exported from the United States through the Service.
i)
Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks.
j) Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks connected to the
Service, through password mining or any other means.
k)
Interfere with another member's use and enjoyment of the Service or
another entity's use and enjoyment of similar services.
l)
UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. You may not use Mobie
Alert Services in a manner that may interfere with other subscribed
users' use of our Services or disproportionately impact our
resources. If we determine, at our sole discretion, that your use of
Mobie Alert services is in violation of these Terms and Conditions,
or is conducted in any other manner that we deem to be unreasonable
or excessive, then we may interrupt or terminate your service,
decline to renew your service, or offer you a different service
plan. Notwithstanding the foregoing, we reserve the right to deny
service or cancel existing service to anyone for any reason at any
time, at our sole discretion.
Further, you will
abide by all rules, regulations, procedures and policies of
SquaresPix / Mobie Alert and any policies of the networks connected
to the Services.
14. Payment for Annual Renewal Service
Charges
a) All annual renewal service charges for Mobie Alert Services will
be automatically charged to the credit card number you provided when
downloading and/or signing up for Mobie Alert, and/or purchasing
access codes, or to the most current credit card number you provide.
b) In the event credit card or other form of
payment is denied, SquaresPix / Mobie Alert may discontinue Service
immediately.
c) If you wish to discontinue or
terminate our Services prior to the processing of annual renewal
service charges, you must inform us at least 3 days in advance and
delete and close your account, as well as delete our Mobie Alert
application from your electronic devices.
15. Force Majeure
SquaresPix, LLC and its subsidiaries, affiliates, employees,
and contracted third party service provider (Pranava EET, an
Indian-based company) SHALL NOT BE liable for any failure to perform
its obligations where such failure is as a result of Acts of Nature
(including fire, flood, earthquake, storm, hurricane, solar flare,
or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, rebellion,
revolution, insurrection, military or usurped power or confiscation,
terrorist activities, nationalization, government sanction,
blockage, embargo, labor dispute, strike, lockout or interruption or
failure of power sources, and any other cause that may be beyond the
control of all parties.
16. General
a) This Agreement merges all prior written and oral communications
and defines the entire agreement of the parties concerning the
Services.
b) No agency, partnership, joint
venture, employee-employer, or franchiser-franchisee relationship is
intended or created by this Agreement.
c) In the
event any portion of this Agreement shall be held illegal, void, or
ineffective, the remaining portions hereof shall remain in full
force and effect and such illegal, void or ineffective provisions
shall be construed, as nearly as possible, to reflect the intentions
of the parties.
d) All notices under this
Agreement shall be in writing and delivered by email.
e)
This Agreement shall be construed in accordance with the laws of the
State of Washington without regard to its conflict of law's
provisions. SquaresPix / Mobie Alert and the individual (you) and,
if applicable, your company or organization will submit to the
jurisdiction of the State and Federal courts of Washington, and
acknowledge and agree that they shall not be permitted to bring an
action arising out of these Terms and Conditions in any other
jurisdiction.
f) You agree and acknowledge that
any breach of the provisions regarding ownership contained in this
Agreement shall cause SquaresPix / Mobie Alert irreparable harm and
SquaresPix may obtain injunctive relief as well as seek all other
remedies available to SquaresPix in law and in equity.
g)
You shall not assign your rights under this Agreement. This
Agreement shall be binding on and inure to the benefit of the
parties, their successors, and permitted assigns and legal
representatives.
h) Any dispute resolution
proceedings, whether in arbitration or in court, will be conducted
only on an individual basis and not in a class action or
representative action or as a member in a class representing a
consolidated or representative action. You will not be a class
representative, class member or otherwise participate in a class,
consolidated or representative proceeding.
i) The
failure of SquaresPix to exercise its rights under this Agreement
will not be construed as a waiver of such rights, nor will it any
way affect the validity of this Agreement. Further, no waiver of by
SquaresPix of any term or condition set forth in these Terms and
Conditions shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition.
j) Any provisions of this Agreement which by their terms
extend rights and obligations past the termination date of this
Agreement shall so survive such termination for any reason,
including but not limited to those rights and obligations set forth
in Sections 8, 9, and 11 of these Terms and Conditions.
IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE