MOBILIFY TERMS OF SERVICE AND USER AGREEMENT
Effective January 31, 2018
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 17 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOBILIFY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Introduction to Mobilify Services
This Agreement (“Agreement,” “Terms of Service” or “Terms”) describes the terms by which Mobilify provides our users with access to the Mobilify Mobile Application (“App,” “Application” or “Mobilify App”) and http://www.MobilifyApp.com (“our website” or “Site”). The Site and App, along with any related applications, functionality, upgrades, services or infrastructure Mobilify provides are referred to collectively as our “Services.” The Services are provided and operated by the corporation Mobilify, Inc. (“Mobilify,” “we,” “us” or “Company”). “You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Services. In these Terms, the words “including” and “include” mean “including, but not limited to.” The Services are intended for use solely by persons who are thirteen (13) years of age or older. You are prohibited from accessing the App Services if you are under thirteen (13) years of age.
These Terms expressly supersede prior agreements or arrangements with you. Mobilify may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
NEVER USE THE APP WHILE DRIVING. It is strictly forbidden to use the app or send reports while driving. Reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such reports may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
YOU MUST NOT ATTEMPT TO USE THE APP WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, MOBILIFY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH YOUR USE OF THE APP.
2. The Mobilify App
Our Partners are unaffiliated entities and have their own rules regarding how, when and under what conditions they will use the dangerous driving data we may provide to them. We do not set these rules and take no responsibility for their content. You acknowledge that Mobilify is not liable for the acts or omissions of any Partner, and that our Partners are not representatives or agents of Mobilify or endorsed or controlled by Mobilify.
We reserve the right without prior notice to discontinue or change specifications with regard to the Services or the Mobilify App.
3. Your License to Use the Mobilify App and the Services
We provide you a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license to access and make personal and non-commercial use of the App and the Services, subject to this Agreement. This license is available to you only as long as you are not barred from our Services by applicable law. You shall not use the Services for any illegal purposes or in any manner inconsistent with the provisions of this Agreement. If this Agreement is not enforceable where you are located, you may not use the Services or the App. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. System Requirements
In order to use the Mobilify App, you are required to have a Mobilify-compatible mobile device, wireless access, and the necessary minimum specifications (“Software Requirements”). The current Software Requirements are as follows: Apple iPhone devices model 4S or later, running iOS 9 or above. This may be updated in later product versions. The current version of the App software may be upgraded from time to time to add support for new functions and services.
We are not liable or responsible for any defects or incompatibilities between our Services and your device, and make no representation that Mobilify’s technology will work to any particular degree of functionality or efficiency with any particular device. We likewise make no representation as to the speed at which the Services will operate.
In light of the above, please keep in mind that if you change or upgrade your device, it may affect the availability of the Services.
5. Account Registration, User Name and Password
We may at some future date require you to establish an Account with Mobilify to use the Services and provide us with certain personal information (“Registration Data”) for purposes of security, verification or other customer management purposes. If you do so, you agree to provide accurate, current and complete Registration Data and to use Account management tools we may provide to keep your Registration Data accurate, current and complete.
Further, if we require you to establish an Account, further terms will apply, as to establishment of a User Name, Password, and security information.
6. No Guarantee of Ongoing Service
Use of the Mobilify App may remain available or be discontinued at the discretion of Mobilify.
8. Advertising and Promotions
9. Content, Proprietary Rights and Ownership of Data
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application, the Services, and all underlying software code and infrastructure used to provide each, are owned either directly by Mobilify or its partners or licensors. You may not use or display our trademarks or copyrights without our written permission. You agree not to decompile, reverse engineer or otherwise attempt to derive, obtain or modify any source code employed in delivering the Services or Application.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Mobilify Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Mobilify or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Mobilify Content.
B. Responsibility for Your Content
You alone are responsible for Your Content, and once submitted, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Mobilify.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
C. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Mobilify and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Mobilify, you own Your Content. We own the Mobilify Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Mobilify Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mobilify Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Mobilify Content are retained by us.
User Content (including any that may have been created by users employed or contracted by Mobilify) does not necessarily reflect the opinion of Mobilify. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a report if we believe it violates our Report Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Violate our Content Guidelines, for example, by writing a fake or defamatory report, trading reports with other individuals or businesses, or compensating someone or being compensated to submit a report;
ii. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Mobilify;
v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third-party website;
vi. Solicit personal information from minors, or submit or transmit pornography; or
vii. Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
viii. Violate the Terms;
ix. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Mobilify;
x. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
xi. Reverse engineer any portion of the Site;
xii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
xiii. Record, process, or mine information about other users;
xiv. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database;
xv. Reformat or frame any portion of the Site;
xvi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Mobilify’s technology infrastructure or otherwise make excessive traffic demands of the Site;
xvii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
xviii. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
xix. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xx. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xxi. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
11. Guidelines and Policies
A. Content Guidelines
You represent that you have read and understood our Report Guidelines.
C. Copyright and Trademark Disputes
Please see our Copyright Policy for information about copyright and trademark disputes.
12. Our Right to Indemnification by You
You agree to indemnify, defend and hold harmless Mobilify, our agents, affiliates, and licensors from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Losses”) related to any act or omission by you in using the Application or Services, including but not limited to any infringement of any third party’s rights. At our option, we may assume control of the defense and settlement of any Loss subject to indemnification by you (provided that, in such event, we may at any time thereafter elect to take over control of the defense and settlement of any such Loss, and in any event, you shall not settle any such Loss without our prior written consent).
13. Third-Party Beneficiaries
Apple Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS. Third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
14. The Service is Provided On an “As Is” Basis, Without Express or Implied Warranties
MOBILIFY PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE APPLICATION, ANY RELATED SOFTWARE, THE WEBSITES FROM WHICH THEY ARE ACCESSED, THE SERVERS ON WHICH THEY RESIDE, AND ANY RELATED CONTENT, AS WELL AS ANY ACCOUNT WE ISSUE TO YOU, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mobilify does not ensure continuous, error-free, secure or virus-free operation of the Services, the Application, or our Servers, and you understand that you shall not be entitled to any compensation based on our failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
15. Our Liability to You is Expressly Limited, to the Extent Permitted by Applicable Law
IN NO EVENT SHALL MOBILIFY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE WE PROVIDE, OUR WEBSITE, THE SERVERS, OR THIS AGREEMENT, WHETHER OR NOT MOBILIFY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL MOBILIFY’S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
16. Suspension and Termination of this Agreement
A. You May Terminate This Agreement At Any Time
You may terminate this Agreement by closing or uninstalling the Application and ceasing its use, at any time for any reason. In such event, Mobilify shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund. If you do so, all provisions intended to survive termination, including license limitations, indemnification provisions, dispute resolution terms and any other restrictions herein, shall continue to apply.
B. We May Make Material Changes to this Agreement
We may make material changes to this Agreement by notifying you through a conspicuous post on our website and/or through the App, through an email, or through another means reasonably likely to provide you with notice, provided that material changes will become effective thirty (30) days (or such longer term we may designate) after such notification. By continuing to access or use the Services or the Mobilify App after the effective date of any such change, you agree to be bound by the modified Agreement.
If you do not wish to agree and abide by this Agreement in its amended form, please delete the application and cease using the Services; Mobilify shall have no further obligation or liability to you under this Agreement or otherwise, and you shall not be entitled to any compensation or other payment, remedy, recourse or refund. A “material change” is a change to this Agreement which reduces your contractual rights or increases your responsibilities under this Agreement in a significant manner.
All earlier versions of the Mobilify Terms of Service are amended and replaced by this version.
17. Dispute Resolution: Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION 15 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED.
A. GENERAL. BY USING THE APP OR SERVICES, OR DOWNLOADING CONTENT FROM OR REGISTERING FOR THE SERVICES, YOU AGREE WITH MOBILIFY THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY WILL RESOLVE THROUGH BINDING ARBITRATION ANY “ARBITRAL CLAIM,” which is any claim or dispute you have against or with the Company or parties indemnified by the Company (“Company Indemnified Parties”), or any claim the Company has against or with you, arising out of or relating to this Agreement to Arbitrate (including its formation, enforceability, performance, and breach), the Services provided to you under this Agreement, the parties’ relationship with each other, or any advertising relating to the Services. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitration, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration, and shall be empowered to grant whatever relief would be available in a court under law or in equity.
B. LIMITATIONS PERIOD. You must prosecute any claim or dispute you have against or with the Company within two (2) years of its occurrence. You irrevocably waive any claims raised beyond that period.
C. LOCATION AND RULES. YOU AND WE AGREE TO SUBMIT TO BINDING ARBITRATION IN SAN JOSE, CALIFORNIA THROUGH THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) PROCEDURES AND RULES THAT ARE IN EFFECT ON THE DATE THE ARBITRATION IS FILED, UNLESS THIS AGREEMENT TO ARBITRATE IS INCONSISTENT WITH THOSE PROCEDURES AND RULES, IN WHICH CASE THIS AGREEMENT WILL PREVAIL. JAMS is independent from us, and you must follow its rules and procedures for initiating and pursuing arbitration. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and judgment upon any arbitration award may be entered in any court having jurisdiction. At your written request, we will consider any requests to advance or reimburse any arbitration filing fee, administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator at the time the claim is filed. You may obtain copies of the current JAMS rules, and other related materials, including forms and instructions for initiating arbitration, by contacting the arbitration administrators as follows:
18881 Von Karman Avenue, Suite 350
Irvine, CA 92612
D. EXCEPTIONS. NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO OR PRECLUDE CLAIMS BY THE COMPANY TO ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS AND/OR TO PREVENT OR REMEDY UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS, UNAUTHORIZED ACCESS, FRAUD OR COMPUTER FRAUD, AND/OR INDUSTRIAL ESPIONAGE, WHICH MAY BE BROUGHT BY MOBILIFY IN A COURT OF APPROPRIATE JURISDICTION ANYWHERE IN THE WORLD. NEITHER PARTY IS PRECLUDED FROM SEEKING RELIEF IN A COURT LOCATED IN SAN JOSE, CALIFORNIA, FOR PROVISIONAL REMEDIES, INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, AND RECEIVERSHIPS, PENDING ARBITRATION OR COMPREHENSIVE LITIGATION, TO THE EXTENT AUTHORIZED ABOVE.
E. CLASS ACTION WAIVER. BY USING OR DOWNLOADING CONTENT FROM OR REGISTERING FOR OR USING THE SERVICES, YOU AND MOBILIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE FURTHER AGREEING WITH COMPANY THAT NEITHER YOU NOR THE COMPANY WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR THE COMPANY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. NO RIGHT TO JURY TRIAL. YOU AND THE COMPANY ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, COMPANY, OR COMPANY INDEMNIFIED PARTIES, BOTH YOU AND THE COMPANY STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. OTHER RIGHTS INCLUDING THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY ARBITRATION. BY USING THIS SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
G. THIRTY DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: team@MobilifyApp.com . The notice must be sent within 30 days of downloading the App: otherwise you shall be bound to arbitrate disputes as laid out above. If you opt-out of these arbitration provisions, Mobilify also will not be bound by them.
18. You May Not Assign this Agreement; We May Assign This Agreement.
You may not assign this Agreement without the prior written consent of Mobilify. You may not transfer or sublicense any licenses granted by Mobilify in this Agreement without the prior written consent of Mobilify. Mobilify may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
19. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Mobilify and its users any claims and assertions of any moral rights contained in such Feedback.
20. This is the Entire Agreement
This Agreement is the full agreement between you and Mobilify regarding the Application and the Services. When you agree to it, it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Mobilify, and any inconsistencies among the different versions will be resolved in favor of the English version.
22. Contact Us
Please contact us with any suggestions or comments at team@MobilifyApp.com.