Mobile Clarity, LLC., (“mobile-clarity,” “the Company,” “we,” or “us,”) provides certain websites, including the websites available at the domain name www.mobile-clarity.is (each, a “Site”) and certain services made available to registered users of the Sites (“Services”). This mobile-clarity User Agreement is the legal agreement (“Agreement”) between you and mobile-clarity governing your use of the Services. Please read this Agreement carefully. mobile-clarity is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use the Services.
DESCRIPTION OF SERVICES. Subject to your compliance with the terms and conditions of this Agreement, mobile-clarity will provide the Services to you after you have successfully completed the registration process for the Services, which is made available to you through the Sites. Upon mobile-clarity’s acceptance of your registration for participation in the Services, mobile-clarity will allow you to proceed by displaying a menu and if you choose to set up an account, store prior history and payment information of your account at mobile-clarity. Once you proceed past the phone number display page and select ‘Place an Order’ your authorization is validated and we grant you status as an authorized user of the Services. From this point you will be able to make use of internet-enabled devices, such as cellular telephones, laptops, and desktop computers to place orders and settle transactions for the purchase of certain third-party products (each, a “Product”) contained in an order catalogue, as updated by mobile-clarity or the third-party from time to time (“Product Catalogue”). The communication standards for the Services include, but are not limited to: SMS, GRPS, and web-based browser technology, provided that in order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices (each, a “Carrier”).
AVAILABILITY OF SERVICES. You acknowledge and agree that the availability of SMS, the internet, and your ability to use the Services is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that delivery of SMS messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier’s ability to support the Services. mobile-clarity is not responsible for the act or omission of any Carrier, any limitations imposed by such Carrier, or such Carrier’s ability or inability to support the Services. In addition, mobile-clarity is not responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication to mobile-clarity or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that mobile-clarity shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will mobile-clarity be liable for any error by you in using the Services, including submission of an order or other message to an incorrect allocated number or short code.
MODIFICATION OF SERVICES. mobile-clarity reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. mobile-clarity shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
PAYMENT & BILLING. You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice) assessed against your credit card or charge card. You acknowledge and agree that a web browser command originating from your account constitutes an authorization for mobile-clarity to charge this amount to your credit card or charge card, and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. mobile-clarity will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule on the Sites.
LIMITATIONS ON YOUR USE OF THE SERVICES. You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise mobile-clarity promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. mobile-clarity is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.
MODIFICATION OF AGREEMENT. mobile-clarity may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Sites, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.
TERMINATION. mobile-clarity may suspend your ability to use the Services or may terminate this Agreement effective immediately and without notice to you if (a) mobile-clarity receives repeated faulty orders for Products in connection with your account, including but not limited to the use of erroneous orders or duplicate requests for Products; (b) your use of the Services is resulting in excessive charge backs on the credit card associated with your account; (c) you fail to make timely payment of any amounts when due; or (d) mobile-clarity believes you have violated or acted inconsistently with the letter or the spirit of this Agreement. After any suspension or termination, you may be required to respond to an authenticating message to reactivate your account and/or pay a reactivation fee. YOU AGREE THAT mobile-clarity SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS AGREEMENT OR OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time by delivering notice to mobile-clarity at email@example.com.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. mobile-clarity EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. mobile-clarity MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. mobile-clarity DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND mobile-clarity MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mobile-clarity OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL mobile-clarity OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION 10 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF mobile-clarity TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless mobile-clarity, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Services using your password) submit or transmit through the Services, (b) your use of or access to the Services, (c) your violation of this Agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Services.
INTELLECTUAL PROPERTY. The Services and the Sites contain or comprise copyrighted and/or proprietary subject matter that is owned by mobile-clarity and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright and/or trade secret laws. Without limiting anything herein, the material may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and mobile-clarity. In addition and without limiting the foregoing, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Services are the property of mobile-clarity and/or its parent company, Computer GO! LLC, affiliates, partners, licensors and/or licensees. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.
MISCELLANEOUS. This Agreement and the relationship between you and mobile-clarity shall be governed by the laws of the State of Texas, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Services, must be instituted exclusively in the federal or state courts located in Central Texas and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. mobile-clarity may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and mobile-clarity with respect to the subject matter herein, superseding any prior agreements or negotiations between you and mobile-clarity with respect to the Services.