mobilemindsystems.com is an online website system which allows distributors of network marketing companies to promote the network marketing company’s product, service, and/or distributor opportunities.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN TRIAL IN A COURT OF LAW OR AS PART OF A CLASS ACTION.
If you have any questions, feel free to email us at: firstname.lastname@example.org.
USE OF OUR SERVICE
This Service is intended solely for subscribers who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. You may use the Service only if you can form a binding contract with mobilemindsystems.com, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Subscribers previously removed from the Service by mobilemindsystems.com.
B. mobilemindsystems.com Account
Your mobilemindsystems.com account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of subscribers. If you open an account on behalf of an LLC, S Corp, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on both your behalf and the entity’s behalf.
You may never use another Subscriber’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are not allowed to provide a third party access to your account. You must notify mobilemindsystems.com immediately of any breach of security or unauthorized use of your account. mobilemindsystems.com will not be liable for any losses caused by any unauthorized use of your account.
You may control your Subscriber profile and how you interact with the Service by changing the settings in your Administrative Panel. By providing mobilemindsystems.com your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences in your Administrative Panel. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the mobilemindsystems.com’s servers than a human can reasonably produce in the same period by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or subscribers generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You represent to mobilemindsystems.com that any and all email addresses you upload into the system are “Opt-In” and the corresponding owners of the email have specifically requested information regarding your opportunity.
By submitting Subscriber Content, including data or leads to any "Public Area" (e.g., public chat rooms, bulletin boards, auto responder, etc.) You automatically grant mobilemindsystems.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt publish, translate, create derivative works from, distribute, perform and display such Subscriber Content data, or leads (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Subscriber Content.
By submitting, purchasing, or importing Leads into the mobilemindsystems.com, you acknowledge and agree that you will only have a 30-day exclusive right to use that lead. After 30 days other Subscribers may submit or import the lead. You also agree that if you cease to be a Subscriber of the mobilemindsystems.com, you lose all rights and exclusivity to any lead that was imported by you into the mobilemindsystems.com. Additionally, if you cease to be a Subscriber of mobilemindsystems.com, we may sell, delete, modify, edit or remove said leads from the service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree not to post Subscriber Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Subscriber Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. To the extent that your Subscriber Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to every musical composition (including lyrics) and sound recording contained in such Subscriber Content and have the power to grant the license granted below.
mobilemindsystems.com reserves the right but is not obligated, to reject and/or remove any Subscriber Content that we believe, in our sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent, warrant, and agree that you have the written consent of every identifiable natural person in the Subscriber Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
mobilemindsystems.com takes no responsibility and assumes no liability for any Subscriber Content that you or any other Subscriber posts or sends over the Service. You will be solely responsible for your Subscriber Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Subscriber Content.
END USER LICENSE GRANT:
A. mobilemindsystems.com Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only and as permitted by the features of the Service. mobilemindsystems.com reserves all rights not expressly granted herein in the Service and the mobilemindsystems.com’s Content. mobilemindsystems.com may terminate this license at any time for any reason or no reason.
The foregoing license grant is not a sale of all or any portion of the Service and mobilemindsystems.com or its third-party partners or suppliers, as applicable, retain all right, title, and interest in and to the Service and any copy thereof.
B. Mobile Software
We provide software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. mobilemindsystems.com does not warrant that the Mobile Software will be compatible with your mobile device. mobilemindsystems.com hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one mobilemindsystems.com account on one mobile device owned or leased solely by you. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software or use the Mobile Software to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that mobilemindsystems.com may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and mobilemindsystems.com or its third-party partners or suppliers retain all right title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. mobilemindsystems.com reserves all rights not expressly granted under this Agreement. You warrant that the Mobile Software is not being acquired on behalf of the United States Government. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. Also, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
OUR PROPRIETARY RIGHTS
Except for your Subscriber Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Subscriber Content belonging to other Subscribers (the “mobilemindsystems.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of mobilemindsystems.com and its licensors (including other Subscribers who post Subscriber Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any mobilemindsystems.com Content. Use of the mobilemindsystems.com Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
For your reference, the following is a non-exhaustive list of mobilemindsystems.com’s trademarks:
Mobile Mind Agency, Inc.®
Mobile Mind Agency, Inc. Logo:
You may choose to, or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Service, including without limitation about how to improve the Service or our other products or businesses (“Ideas”). You hereby grant to mobilemindsystems.com a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Service and any of mobilemindsystems.com’s other products, technology, services, specification or other documentation.
A. Billing Policies
The services offered on or through the Service are provided for a fee or other charge. If you elect to subscribe to the Service you agree to the applicable pricing and payment terms, as we may update them from time to time. Our current pricing and payment terms are listed here: mobilemindsystems.com/order. mobilemindsystems.com may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees will apply solely on a forward-looking basis beginning with your next billing period.
If you elect to purchase one of our subscription offerings, by purchasing such offering, you authorize us or our third-party service provider to charge you a subscription fee at the then-current rate, and any other charges that you may incur in connection with your use of the Service via the payment method you provide us. The subscription fee will be billed at the beginning of the paying portion of your subscription and at regular intervals thereafter equal to the length of your subscription unless and until you cancel your subscription. Subscription fees are earned upon payment. We reserve the right to change the timing of our billing, including but not limited to if your payment method has been rejected or is otherwise not successfully settled. Your renewal date may change due to changes in your subscription.
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.
B. No Refunds
THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS.
Also, you may cancel your mobilemindsystems.com account at any time; however, there are no refunds for cancellation. In the event that mobilemindsystems.com suspends or terminates your account or this Agreement for your breach of this Agreement or any part thereof, you understand and agree that you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Following your cancellation of a subscription, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (each a “credit”). The amount and form of such credits, and the decision to provide them are at our sole and absolute discretion. Our provision of any credits does not entitle you to any future credits, whether for similar instances or otherwise. Contact email@example.com to cancel your subscription.
C. Risk of Loss
D. Payment Information; Taxes
DISCLOSURE OF MATERIAL CONNECTION:
mobilemindsystems.com may be compensated if you click on a link and purchase one or more of the products or services recommended to you on this site or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on this site, or on our affiliates’ sites, may be made by persons who have a financial or other interest in mobilemindsystems.com Company or its products or services. You acknowledge that mobilemindsystems.com is a wholly owned subsidiary of Mobile Mind Agency, Inc. and is one of Mobile Mind Agency, Inc.’s businesses and that mobilemindsystems.com and Mobile Mind Agency, Inc. may benefit from promotions of each other's goods and services. For more information, please see our Disclosures page. This disclosure is made pursuant to 16 CFR, Part 255 of the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
NO PROFESSIONAL ADVICE:
If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area. You expressly agree that use of the mobilemindsystems.com websites and related websites and/or Services is at your sole risk and you understand such risks are an inherent part of business.
mobilemindsystems.com cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless mobilemindsystems.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Subscriber Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mobilemindsystems.com OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, mobilemindsystems.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
mobilemindsystems.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE mobilemindsystems.com SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND mobilemindsystems.com WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL mobilemindsystems.com, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL mobilemindsystems.com BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, mobilemindsystems.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) SUBSCRIBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL mobilemindsystems.com, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO mobilemindsystems.com HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF mobilemindsystems.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. mobilemindsystems.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
ARBITRATION AND GOVERNING LAW:
For any dispute you have with mobilemindsystems.com, you agree first to contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that mobilemindsystems.com has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to your use of the Services or this Agreement or the breach or alleged breach thereof (collectively, “Claims”), by binding confidential arbitration in Cape May County, New Jersey. If the parties cannot agree to an arbitrator within thirty (30) days of a demand for arbitration. An arbitrator will be selected by a New Jersey Superior Court Judge for Cape May County. The Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the American Arbitration Association (AAA), except as provided herein shall be followed. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND mobilemindsystems.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Governing Law
You agree that: (i) the Service will be deemed solely based in New Jersey; and (ii) the Service will be deemed a passive host that does not give rise to personal jurisdiction over mobilemindsystems.com, either specific or general, in jurisdictions other than New Jersey. This Agreement will be governed by the internal substantive laws of the State of Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Cape May County, New Jersey or the United States District Court for the District of New Jersey, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by mobilemindsystems.com without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with mobilemindsystems.com in connection with the Service, will constitute the entire agreement between you and mobilemindsystems.com concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word “including” means: including but not limited to.
D. No Waiver
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and mobilemindsystems.com’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last modified on November 10, 2017.