08-06-2015

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.


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