TERMS & CONDITIONS

These Terms of Use are Effective November 1, 2015

Welcome to this website (the "Site"), which is owned and operated as part of the Mobile Nations network of websites and mobile applications ("Mobile Nations") and includes, without limitation, MobileNations.com, AndroidCentral.com, iMore.com, WindowsCentral.com, CrackBerry.com, Connectedly.com, ShopAndroid.com, WebOSnation.com, VisorCentral.com, NokiaExperts.com, and TreoCentral.com (collectively, the “Sites”). Mobile Nations maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). These Terms of Use govern your access to and use of the Site; any content or other materials (including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, files, schematics, models, photographs, sound, musical works, audio or video clips, works of authorship, usernames, profiles, User-Generated Content (as defined below) and links) uploaded, submitted, downloaded, displayed or appearing on or through the Site ("Content"); any applications (including mobile applications) made available by Mobile Nations; and any software, services or other resources Mobile Nations may provide on or through the Site. The Site, Content, software, services and other resources are referred to in these Terms of Use, collectively, as the "Services". These Terms of Use apply to any of the Services that post a link to these Terms of Use (however accessed or used, whether via a personal computer, mobile device or otherwise). The Services are owned, operated, controlled and provided by Mobile Nations. Mobile Nations is referred to in the Terms of Use as "Mobile Nations", "Company", "we", "us" or "our". Some services and features offered through the Services may be subject to additional terms and conditions specified by Mobile Nations from time to time; your use of such services and features is subject to such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use. In those cases, the terms specific to the special services or features control to the extent there is a conflict with these Terms of Use.

THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT AND INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, MOBILE NATIONS DOES NOT GRANT YOU THE RIGHT TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND CAPACITY TO ENTER INTO THESE TERMS OF USE IN YOUR JURISDICTION.

 

Changes to the Terms of Use

Mobile Nations reserves the right, at any time in our sole discretion, to modify or replace content on the Site and any part of these Terms of Use, and to modify, suspend or discontinue, temporarily or permanently, the Services, without prior notice. Mobile Nations shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

You agree that we may notify you of any updated Terms of Use by posting them on the Site so that they are accessible via a link from the home page. All such changes are effective immediately when we post them, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward. Your continued use of the Services following the posting of revised Terms of Use (or engaging in such other conduct as we may reasonably specify) means that you accept and agree to the changes. You can review the most current version of the Terms of Use at any time at: http://mobilenations.com/terms-and-conditions.html. If you object to any such changes, your sole recourse is to cease using the Services.

 

Access and Account Information

In order to access the Services, you will need to register and provide certain personal information. Mobile Nations’ policies with respect to the collection and use of personal information are set forth in Mobile Nations’ Privacy Policy. This policy explains how Mobile Nations treats your personal information when you access and use the Services. The policy may be updated from time to time at our discretion.

You must not create accounts with the Services through unauthorized means, including but not limited to, by using a script, bot, spider, crawler, or scraper, or other automated methods. These accounts will be removed upon detection. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process ("Account Information"). Your login may be used by only one person – a single login shared by multiple individuals is not permitted. When you choose to provide information to the Services, you agree that all information you provide to register with the Services and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You agree to notify Mobile Nations immediately if you suspect any unauthorized use of your account or access to your password. You agree that you will not solicit, collect or use the login credentials of other users. We reserve the right, at any time, in our sole discretion, to disable any user name, password or other identifier, whether chosen by you or provided by us, and to terminate your account or otherwise deny you access, without notice and without liability.

Although it is Mobile Nations' intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Mobile Nations will not be liable to you for any such interruption of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. Mobile Nations reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Mobile Nations shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

 

Cancellation, Suspension and Termination

You may cancel your account at any time. You are solely responsible for properly cancelling your account.

Mobile Nations, as it deems necessary and in its sole discretion, may suspend or terminate your account at any time. Without limiting the foregoing, we may restrict, suspend or terminate your access to all or part of the Services if we believe you are in breach of these Terms of Use or applicable law, or for any other reason, without notice or liability. Mobile Nations will attempt to provide advance warning of such termination or suspension, if such is reasonable under the circumstances. Mobile Nations reserves the right to refuse provision of or access to the Services to anyone for any reason and at any time. Any termination or suspension of the Services may result in the deactivation or deletion of your account or access to your account, and may also result in the forfeiture and relinquishment of all content in your account, as determined by Mobile Nations in its sole discretion.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobile Nations customer, employee, member, or officer will result in immediate account termination. We reserve the right to not intervene in interpersonal disputes.

Upon termination, all license and other rights granted to you in these Terms of Use will immediately cease (provided, however, that you will retain ownership of your User-Generated Content). If we terminate your access to the Services or you cancel your account as described above, your User-Generated Content may persist and appear within the Services. This information, including your User-Generated Content, comments, relationships and all other data will no longer be accessible to you and cannot be recovered once your account is cancelled, and Mobile Nations shall not be liable for any claims or losses resulting from such deletions.

 

Limited License

Subject to your compliance with these Terms of Use, and any additional terms that may apply to particular Services offered by us, Mobile Nations grants you a non-exclusive, non-transferable, limited, personal license to access and use the Services in accordance with these Terms of Use. The license granted herein is expressly made subject to the following limitations and restrictions: (a) You may not, directly or indirectly, provide, distribute or otherwise transfer User-Generated Content to any third party, or publish, post, transmit, upload or broadcast User-Generated Content to any other website or application without the prior written consent of the owner of such User-Generated Content; (b) You may not copy, duplicate, reproduce, modify, adapt, publish, distribute, upload, download, post, transmit, broadcast, sell, license or prepare derivative works of any Content, software or other materials owned by Mobile Nations (including, without limitation, information, text, graphics and instructions provided by Mobile Nations as part of the Website, any web pages or other Services, and the design, selection, arrangement, compilation, assembly and look and feel of the Website, any web pages or other Services) without the prior written consent of Mobile Nations; and (c) You may not decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services.

You hereby expressly acknowledge that Mobile Nations or it licensors own all legal right, title and interest in the Site Information. The term "Site Information" means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Sites or Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar character whether registered or capable of registration. Site Information does not include User-Generated Content.

Any and all rights to use the Services that are not expressly granted to you under these Terms of Use are reserved for Mobile Nations or its licensors. Unauthorized use of the Mobile Nations Content or other Services is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.

 

User-Generated Content

Certain areas of the Services permit you and other users of the Services to submit, post, display, upload, transmit or otherwise provide (collectively, "Post"), on or through the Services, Content and other materials ("User-Generated Content"). You retain ownership of any User-Generated Content you Post to the Services, subject to the rights you grant us as described in these Terms of Use.

We may use your User-Generated 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. By submitting User-Generated Content to Mobile Nations, you hereby grant Mobile Nations a perpetual, royalty-free, unlimited right to use, share, distribute, disseminate, duplicate and create derivative works from any User-Generated Content that you submit to the Site or Service. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree that Mobile Nations has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content but has the right to protect and enforce its rights to your User-Generated Content. You agree to pay for all royalties, fees, and any other monies owed by reason of User-Generated Content you Post on or through the Services.

Any User-Generated Content you submit may be publicly available to other Site users as well as members of the general public. You agree and acknowledge that, without regard to whether such content is published, Mobile Nations cannot and does not guarantee any confidentiality or security of any User-Generated Content. You further understand and agree that Mobile Nations does not warrant or verify the accuracy of any User-Generated Content. Your decision to submit, accept or rely on any User-Generated Content is at your own risk.

You shall also be solely responsible for any User-Generated Content you submit and the consequences of posting or publishing such, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Generated Content that makes you personally identifiable. With respect to any User-Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Mobile Nations all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site or Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Mobile Nations, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site or Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personally identifiable information about other users.

While we are not obligated to do so, we reserve the right to refuse or remove any User-Generated Content from the Site or Service that we reasonably consider to violate these Terms of Use or to otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any User-Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials. User-Generated Content removed from the Services may continue to be stored by Mobile Nations, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Mobile Nations encourages you to maintain your own backup of your User-Generated Content. In other words, Mobile Nations is not a backup service and you agree that you will not rely on the Services for the purposes of User-Generated Content backup or storage.

You hereby acknowledge and agree that Mobile Nations has the right, but not the obligation, to monitor the Sites or Service, the Site Information and any User-Generated Content that you or any third party transmit or post, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites or Service properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. Mobile Nations also reserves the right to, without advance notice, suspend, block or deny any user access to the Sites, Services or Site Information when in Mobile Nations’ sole discretion we believe the user has violated any of the terms of this Agreement. You agree that Mobile Nations is not responsible or liable for the conduct of any user. Mobile Nations reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or Post User-Generated Content or any personal or other information. We further reserve the right at all times to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right of privacy or publicity, and to take appropriate legal action, including, without limitation, referral to law enforcement authorities, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

If you choose to share your personal contact information, including without limitation telephone number, device PIN, iMessage account, IM account, Twitter, Facebook or other social network accounts, or any other contact info on Mobile Nations, and/or approve requests to add your contact information, that you do so at your own risk. Mobile Nations is not responsible for any content, actions, or circumstances arising out of personal conversations or your choosing to share your personally identifiable information.

 

Social Distribution

Mobile Nations may allow you, but only through express written permission, to engage in certain personal uses of User-Generated Content that include the ability to share certain content with others ("Social Distribution"). For example, the Services may allow you to send certain User-Generated Content to friends, display User-Generated Content on your personal web site or post User-Generated Content on a third party web site. You agree that you will not imply that you and Mobile Nations are affiliated in any way or that Mobile Nations approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of User-Generated Content.

 

Code of Conduct; Improper Use of Service

While using the Sites or Service (including in connection with any User-Generated Content), you will not, and will not induce any third party to: (i) use the Sites, Services or any of the Site Information in a way that is unlawful, harms Mobile Nations or any user of the Sites, or otherwise violates the rights of any party; (ii) use the Sites, Services or any of the Site Information in a way that could overburden, or impair the Services (or the networks or systems connected to such); (iii) attempt to disable or circumvent any security mechanisms used by the Services, or otherwise attempt to gain unauthorized access to any portion or feature of the Sites, Services, or any other systems or networks connected to the Sites or Services, or to any server of Mobile Nations or its third party service providers, by hacking, password "mining", or any other illegal means; (iv) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Sites, Services or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Sites or Services, or with any other person's use of the Sites or Services; (vi) breach any security measures implemented on the Sites or Services or in the Site Information; (vii) track or seek to trace any information on any other person who visits the Sites or uses the Services; (viii) use the Sites, Services or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms of Use or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Sites, Services or Site Information, or otherwise made available to you in connection with the Sites, Services or Site Information; or (x) use the Sites, Services or Site Information in any manner that otherwise violates these Terms of Use.

Mobile Nations respects the intellectual property of others, and we ask you and all users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Mobile Nations or others.

Mobile Nations shall fully co-operate with any law enforcement authorities or court order requesting or directing Mobile Nations to disclose the identity or locate anyone who uses the Services in violation of any applicable laws or these Terms of Use.

 

Products and Services and Content Offered By Mobile Nations on the Site

You may purchase or obtain third party products and services through the Services.  Those products and services may have specific terms and conditions applicable to that product or service.   Your use of any such product or service offered on the Sites is governed by those terms and conditions applicable for that product or service. Mobile Nations does not warrant that any third party service or product descriptions or content contained in this Site is accurate, current, reliable, complete, or error-free.

Please keep in mind that Mobile Nations offers features that, if used, may require data transfer usage on your computer or mobile device's data plan, such as making use of the “Email this Ringtone” or “Email this Wallpaper” functions. Although such features are provided free of charge, you may be using data through your carrier provider when you download the content.  You should make sure you have an adequate data plan before downloading any content. Mobile Nations will not be responsible for any data charges you may incur by use of the Sites or Services.

Some features or portions of the Services may require you to pay a fee, such as subscription services or a purchase you make form the Services. Regardless of the service or product you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges; we will provide notice of such changes where required by law. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

 

FTC Disclosure Requirements

Mobile Nations aims to provide unbiased editorials and has always and will continue to maintain separation between editorial and ecommerce. However, we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation.

 

International Access

The Services may be accessed from countries other than the United States. Mobile Nations controls and operates the Services from the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. If you access and use the Sites outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable..

The information provided within the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mobile Nations to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Mobile Nations provides.

 

Contests and Promotions

Any contests or promotions ("Promotions") accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.

 

Mobile Features

The Services may offer features that are available to you via your mobile phone or other mobile device. These features may include, without limitation, the ability to view Mobile Nations Content, upload Content to the Services, receive messages from the Services, download applications to your mobile device or access Services features (collectively, the "Mobile Features"). Message and data rates and other carrier fees may apply.

 

Email Notifications

If Mobile Nations wishes to provide notifications or receipts to you, Mobile Nations may do so by email at the address you provided to Mobile Nations when you created your account or as later updated. You hereby agree and acknowledge that Mobile Nations is not responsible to notify you in any way other than by email.

 

Copyright Infringement and DMCA Policy

Mobile Nations respects the intellectual property rights of others, and expects those who use the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the United States of America, please notify Mobile Nations of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(2), named below:

·       Your physical or electronic signature.

·       Identification of the copyrighted work you believe to have been infringed.

·       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

·       Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

·       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

·       A statement that the information in the written notice is accurate.

·       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Our designated Copyright Agent to receive DMCA Notices is:

Axel LTD Co/DBA Mobile Nation
3151 E Thomas Street
Inverness, Florida

34453

dmcacomplaints@mobilenations.com

Trademark Information

Mobile Nations and other marks on our Sites are registered trademarks of Mobile Nations in the United States and/or other countries. Other Mobile Nations marks, graphics, logos, page headers, button icons, and scripts on the Sites are Mobile Nations’ service marks, trademarks and trade dress and are the sole and exclusive property of Mobile Nations. Mobile Nations’ service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Mobile Nations or in connection with any service or product that is not sponsored, endorsed or produced by Mobile Nations. All trademarks not owned by Mobile Nations or its subsidiaries that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mobile Nations.

 

Links to Third Party Websites; Third Party Products and Services

The Services may contain links to or interactions with third-party websites or resources ("Third Party Websites"). These links and interactions are provided for your convenience only. Mobile Nations neither endorses nor controls such Third Party Websites, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access any such Third Party Websites, you do so entirely at your own risk.

The Sites are participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

 

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER MOBILE NATIONS NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "MOBILE NATIONS PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT AND THIRD PARTY CONTENT) OR OTHER SERVICES. THE MOBILE NATIONS PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE MOBILE NATIONS PARTIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. THE MOBILE NATIONS PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES. THE MOBILE NATIONS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MOBILE NATIONS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE MOBILE NATIONS PARTIES OR THROUGH THE SERVICES, WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MOBILE NATIONS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OF USE OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR MOBILE NATIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL THE MOBILE NATIONS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE MOBILE NATIONS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO MOBILE NATIONS FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00).

 

Indemnification

You agree to defend, indemnify and hold harmless Mobile Nations, its officers, directors, managers, shareholders, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your breach or alleged breach of these Terms of Use; (ii) your User-Generated Content; (iii) your use of or access to the Services; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation all regulatory, administrative and legislative authorities; (v) your violation of the rights of any third party, including without limitation any intellectual property rights, publicity, confidentiality, property or privacy rights; or (vi) any misrepresentation made by you. Mobile Nations reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Mobile Nations’ defense of any claim. You will not in any event settle any claim without the prior written consent of Mobile Nations.

 

General

The failure of Mobile Nations to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use; you agree that the court should endeavor to give effect to the intentions of Mobile Nations and you as reflected in the provision, and that the other provisions of these Terms of Use shall remain in full force and effect. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, and any rights and licenses granted hereunder, may not be assigned or transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Mobile Nations (and any attempt to do so shall be null and void). These Terms of Use, and any rights and licenses granted hereunder, may be assigned or transferred by Mobile Nations without restriction and without your consent. These Terms of Use constitute the final, complete and exclusive statement of the agreement between you and Mobile Nations regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and Mobile Nations with respect to such subject matter. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

Survival

All provisions of these Terms of Use which, by their nature, should survive the expiration or termination of your relationship with Mobile Nations shall survive such expiration or termination.

 

Jurisdiction, Venue; Waiver Of Jury Trial

These Terms of Use and all claims or issues regarding the Service shall be governed according to the laws of the State of Florida, in the United States of America, except for the conflict or choice-of-law principles thereof, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Florida. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s supplemental procedures for consumer-related disputes.  As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules.

YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the rules of the AAA. Any court with jurisdiction over the parties may enforce the arbitrator's award. You agree that the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that, to the extent permitted by applicable law, any and all disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

To the extent permitted by law, any dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or notice of dispute could first be filed. If such a dispute is not filed within one year, it is permanently barred. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Except in those cases where contractual attribution of jurisdiction is not enforceable, any disputes that may arise concerning the formation, interpretation or performance of these Terms of Use which are not amicably resolved or resolved by arbitration, shall be brought in the courts of the United States.

TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION.

 

Contact Information

If you have any questions regarding these Terms of Use, please contact Mobile Nations at info@mobilenations.com or send mail to:

Mobile Nations
3151 E Thomas Street
Inverness, Florida

34453