These terms and conditions (“Agreement”) set forth the general terms and conditions of use of this website (“Blog” or “Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you and Mobodesk LLC and any of its affiliated entities.
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Mobodesk, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the blog are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, u or publication by you of any such matters or any part of the blog is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the blog. The posting of information or materials on the blog does not constitute a waiver of any right in such information and materials.
3. Trademarks. Product names, logos, brands, and other trademarks appearing on this blog are the property of their respective holders and are used only to directly describe the products and services offered. Use of these trademarks in no way indicates any relationship between this blog and the holders of the trademarks. Rather, any usage of third par trademarks by us to refer to such products is considered nominative fair use under trademark law. These said or referred to trademark holders are not affiliated with this blog, or any of our services, products, or blogs. Nor do say or referred to trademarks sponsor, endorse or express any opinion as to the correctness of our comments, product, or endeavors, not excluding direct or indirect interaction with said trademarks.
4. Limited Right to Use. The viewing, printing, or downloading of any content, graphic, form, or document from the blog grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the blog.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, sta, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the blog.
7. Nontransferable. Your right to use the blog is not transferable. Any password or right given to you to obtain information or documents is not transferable.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE blog ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS BLOG AN THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE BLOG SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR blog. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services, or information.
11. Third-Party Services. We allow access to or advertise third-party client/associate/vendor sites (“Merchants”) from which you may purchase certain goods or services. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that the use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER BLOG LINKED TO OUR BLOG.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on such sites.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
15. Links to Other Blogs. The blog contains links to other Blogs. We are not responsible for the content, accuracy or opinions express in such Blogs, and such Blogs are not investigated, monitored, or checked for accuracy or completeness by us. The inclusion of any linked Blog on our blog does not imply approval or endorsement of the linked Blog by us. If you decide to leave our blog and access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the blog
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before submitting a DMCA notice for material on which you own a copyright, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure material located on or linked to by our blog infringes your copyright, you should consider first contacting an attorney. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing – and we have and will seek to collect those damages. Send your complaint to our designated agent via the blog Contact Us form.
17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, USA, and shall be governed by and construed in accordance with the laws of the United States (without regard to conflict of law principles). Any cause of action by you with respect to the blog (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New York, USA. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and super-cedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the blog, the content, goods, and services provided by or through the blog, and the subject matter of this Agreement. To the extent that anything in or associated with the blog is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Questions or comments regarding the Blog, including any reports of non-functioning links, should be directed to our contact us page.
Last Updated June 05, 2023