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.
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.
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.
- 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.
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.
Governing Law and 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