Terms of Use

Acceptance of the Terms of Use

These Terms of Use govern your use of the website and any related content, functionality, and services hosted or provided at the Internet domain www.mobilemarkantennas.com (the “Website”). In these Terms of Use, (a) words like “we,” “us,” “ours,” or “Mobile Mark,” mean Mobile Mark, Inc., an Illinois corporation, and its subsidiaries and affiliates and (b) words like “you,” “your,” and “yours,” mean the person or legal entity accessing the Website.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy at www.MobileMarkAntennas.com or www.TheAntennaStore.com. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. If you access the Website as an agent of another person (including, but not limited to, an employer), you (a) agree to these Terms of Use on behalf of that person and (b) represent and warrant that you have the authority to bind that person to these Terms of Use. In addition, if you place and order to purchase product you agree that your purchase will be subject to the Terms of Sale at www.MobileMarkAntennas.com or www.TheAntennaStore.com.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, both for yourself and for any person for whom you act as an agent in accessing the Website. Check this page often so you are aware of any changes.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

If you provide any personal information to us as part of your access to the Website, you represent and warrant that such personal information is complete and correct. The information that you provide will be subject to our Privacy Policy and you consent to our collection, use, storage, and sharing of your information as provided in the Privacy Policy, as it changes from time to time.

Intellectual Property Rights

As between you and us, the Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our licensors. The Website is Copyright October 2017 Mobile Mark, Inc.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows.

  • You may permit your computer to temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile or other applications for download, you may download one or more copies solely for your own personal use, provided that you are bound by the end user license agreement for such applications and comply with any restrictions contained in that agreement.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
  • Delete, alter, or disassociate any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except in order to do business with us as contemplated by the Website.

If you violate any of the above restrictions, or any other restrictions in these Terms of Use, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you made. Except for the limited licenses expressly granted in these Terms of Use, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Mobile Mark. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use.

Trademarks

The Mobile Mark name, Mobile Mark logo, and all related names, logos, product and service names, designs, and slogans associated with Mobile Mark’s goods and services are trademarks of Mobile Mark and its affiliates. You may not use such marks without the prior written permission of Mobile Mark. We make no claim to the trademarks of others.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You may not use the Website:

  • In any way that violates any applicable federal, state, local or international law (including, without limitation, any law regarding the export of data or software to and from the US or other countries);
  • To transmit, or cause the transmission of, any unsolicited communications, including, but not limited to, any “junk mail,” “chain letter,” “spam,” or any other similar communication;
  • To impersonate or attempt to impersonate Mobile Mark or any employee or other agent of Mobile Mark, or any other person (including, but not limited to, by using an e-mail address, domain, or other indicia associated with any of the foregoing); or
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that we believe might harm Mobile Mark or users of the Website or expose them to liability.

Additionally, you may not do any of the following things.

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including, but not limited to, such other person’s ability to engage in Realtime activities through the Website.
  • Use any robot, spider, or other automated device, process, or means to access the Website for any purpose, including, but not limited to, monitoring, copying, scraping, or consolidating any information on the Website.
  • Use any device, software, or process that interferes with the proper working of the Website.
  • Introduce into the Website or any associated computer or system any computer software, code, or other instructions intended to gain or facilitate unauthorized access to, prevent authorized access to, damage, disable, or degrade the performance of, the Website or any associated computer or system. This prohibition extends to, but is not limited to, such software, code, or instructions commonly referred to as “viruses,” “worms,” “Trojan horses,” “malware” and “spyware.”
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, any associated computer or system, or any resource connected to, or associated with, the Website.
  • Conduct or facilitate any denial-of-service attack or any other attack on the Website or any associated computer, system, or resource.
  • Use with the Website any multiplexing, virtual-machine, or other means of creating or maintaining more concurrent sessions than the number for which you are authorized (and, for the avoidance of doubt, except as we otherwise expressly authorize in writing, the number of concurrent sessions for which you are authorized is one per individual then actively accessing the Website).
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website, or by anyone who may be informed of any of its contents. For the avoidance of doubt, NOTHING IN THE WEBSITE IS INTENDED TO, OR DOES, CREATE ANY EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY MATTER, WHETHER AS TO SPECIFICATIONS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, OR ANY OTHER MATTER AND WE HEREBY DISCLAIM ANY SUCH REPRESENTATION OR WARRANTY. FURTHER ANY REPRESENTATION, WARRANTY, OR OTHER TERM OR CONDITION WITH RESPECT TO ANY GOODS, SERVICES, OR SOFTWARE OF MOBILE MARK WILL BE SOLELY AS PROVIDED IN MOBILE MARK’S TERMS AND CONDITIONS OF SALE APPLICABLE TO SUCH GOODS, SERVICES, OR SOFTWARE.

This Website might include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mobile Mark, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mobile Mark. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

Geographic Restrictions

The owner of the Website is based in the State of Illinois in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Website 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 Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL-OF-SERVICE OR OTHER ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR OTHER RESOURCE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOBILE MARK NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MOBILE MARK NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT EITHER THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MOBILE MARK HEREBY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL MOBILE MARK OR ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Mobile Mark, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute, claim, suit, or cause of action arising therefrom or related thereto (including, but not limited to, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any dispute arising by your use of this Website shall be resolved exclusively, finally and conclusively by binding arbitration conducted in Cook County, Illinois, in accordance with the commercial rules of the American Arbitration Association. Any action arising under any agreement of the parties must be commenced within one (1) year after such cause of action accrues. In any such case, (a) EACH OF YOU AND MOBILE MARK HEREBY ACKNOWLEDGE THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT RIGHT MAY BE WAIVED AND (b) EACH OF YOU AND MOBILE MARK HEREBY SO WAIVE THE RIGHT TO A JURY TRIAL IN ANY SUCH CASE.

Waiver and Severability

No waiver of by Mobile Mark of any term or condition set forth in these Terms of Use is or will be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mobile Mark to assert a right or provision under these Terms of Use and does not and will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, the Terms of Sale and the Privacy Policy constitute the sole and entire agreement between you and us with respect to the subject matter of these Terms of Use, the Terms of Sale and the Privacy Policy and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

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