Terms of Use

1. Acceptance Of Terms Of Use

Welcome to Mobiletivity, Inc. ("Mobiletivity"). This agreement applies to all the websites and services in which Mobiletivity provides; which collectively as "Mobiletivity Sites". Use of Mobiletivity Sites described below (the "Services"). are subject to these terms and conditions (the "Terms") as well as our Privacy Policy. ​

 

vCardIQ™ Marketing System is a Service of Mobiletivity therefore subject the following terms and conditions as well as our Privacy Policy.

 

By utilizing the Mobiletivity, Inc. ("Mobileitivty", "we" or "us") Services, you accept and agree to be bound by these Terms of Use. Mobiletivity at any time can modify these Terms of Use. You can review the most current version by clicking on the "Term of Use" located at the bottom of the Mobiletivity website(s). The most current version will supersede all previous versions. By continuing to use the Mobiletivity Services after changes are made, you agree to be bound by such changes.

 

2. Service Provided
Mobiletivity offers our customers marketing services that includes but not limited to the Mobile vCard and web-based SMS text marketing platform. Services are subscription based and volume usage availability depends on the service plan purchased. Mobiletivity Services transmits and receives SMS and MMS messages via major telecommunications companies and mobile network operators. While Mobiletivity is not responsible for the final delivery of any communication initiated by you through our Services, as there are situation that is out of our control and is the responsibility of the major communication carriers. Message and Data Rates may apply to all text messages sent to or from the Mobiletivity text messaging platform.

 

To opt out from Mobiletivity's text messaging services, send a text message with the word STOP to assigned 5-digit short code from you mobile phone and we will unsubscribe you from our text message service. ​You will not receive any additional text messages until you re-register on our website or on your mobile phone.
 

To get further help, you may email us at support@mobiletivity.com or call (888) 231-3738. You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to the assigned 5-digit short code.

 

3. Limitation On Use
You must be at least 18 years old to access and use the Mobiletivity Services. If you do not qualify, please do not access the Mobiletivity Services. Mobiletivity reserves the right to terminate accounts, refuse or cancel services at its sole discretion.

 

4. Privacy
Any information that you submit or we collect when you are using the Mobiletivity Services are subject to the Mobiletivity Privacy Policy, the terms of which are incorporated into these Terms of Use.

 

5. Intellectual Property

Mobiletivity is the sole owner of the Mobiletivity Services, which includes any software, method of doing business, domains, and content made available through it. The Mobiletivity Services is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only and Mobiletivity grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Mobiletivity service without Mobiletivity's prior express written permission. Any unauthorized use of the Mobiletivity services will terminate the limited license granted by us. Mobiletivity and other marks, graphics, logos, icons and service names related to the Mobiletivity service are registered and unregistered trademarks or trade dress of Mobiletivity, Inc. They may not be used without Mobiletivity's prior express written permission. All other trademarks not owned by Mobiletivity that appear in connection with the Mobiletivity service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Mobiletivity.

 

6. Electronic Communication
By accessing and using the Mobiletivity Services, you consent to receiving electronic communications and notices from Mobiletivity. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

7. Your Conduct
By accessing and using the Mobiletivity Services, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Mobiletivity service. You also agree not to interfere with the servers or networks connected to the Mobiletivity service or to violate any of the procedures, policies or regulations of networks connected to the Mobiletivity service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Mobiletivity Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Mobiletivity service; (3) use the Mobiletivity service for any unlawful purpose; or (4) resell or export the software associated with the Mobiletivity service.

 

8. Login Information
As part of the registration process you will need a username and/or password. You shall provide Mobiletivity with accurate, complete, and regularly updated member profile information. You agree to notify Mobiletivity of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in Mobiletivity’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

9. Payment and Cancellation
Your use of the Mobiletivity Services is contingent on your payment for such use in the amounts and using the methods indicated on the Mobiletivity websites. Your payment for the Services shall be deemed completed when Mobiletivity receives the full amount of payment owed for such Services. You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Mobiletivity is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice. Mobiletivity shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. Cancellation of Mobiletivity Services requires a 10 business days advance notice via email to support@mobiletivity.com. You are required to pay any remaining balance that is owed to Mobiletivity.

 

10. Right To Terminate
Mobiletivity reserves the right in its sole discretion to terminate or restrict your use of the Mobiletivity Services, without notice, for any or no reason whatsoever.

 

11. No Warranty & Liability Limit
MOBILETIVITY PROVIDES THE MOBILETIVITY SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. MOBILETIVITY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Mobiletivity assumes no liability or responsibility for any errors or omissions in the Mobiletivity Services; any failures, delays or interruptions in the Mobiletivity Services; any losses or damages arising from the use of the Mobiletivity Services, including, without limitation, any damage to your mobile device; or any conduct by users of the Mobiletivity service. We reserve the right to deliver the Mobiletivity Services in our sole and absolute discretion.

 

IN NO EVENT SHALL MOBILETIVITY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MOBILETIVITY SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OFDAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

 

12. Indemnity

You agree to indemnify and hold Mobiletivity and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Mobiletivity Services or your violation of any law or the rights of any third party.

 

Disputes

a. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND MOBILETIVITY arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the Mobiletivity Services, Mobiletivity’s advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

 

b. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND MOBILETIVITY, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Mobiletivity”) arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the Mobiletivity Servics, Mobiletivity’s advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Mobiletivity. NEITHER YOU NOR MOBILETIVITY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

 

c. Limitations of Actions

Any claim or cause of action arising out of or related to your use of the Mobiletivity Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

13. General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Mobiletivity with respect to the subject matter hereof.

Toll Free (888) 231-3738

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