Terms of Use


TERMS OF USE

ACCEPTANCE OF TERMS


Moblico Solutions, LLC makes available for your use the "Moblico Solutions Manager" software, information, documents and products (collectively, the"Software") and various services operated by Moblico Solutions, LLC (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By downloading and using the Software, you agree to the Terms of Use. Moblico Solutions, LLC reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Software will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.

In addition, when using the Software you shall be subject to any posted guidelines or rules applicable to such Software that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and you must immediately destroy any Materials or Software downloaded or printed from the Site.
 

LIMITED LICENSE AND TERMS OF USE


The Software is protected by copyright and/or other intellectual property laws. Any unauthorized use of the Software may violate such laws. Except as expressly provided herein, Moblico Solutions, LLC and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Software. Except as specifically permitted herein, no portion of the information, documents, and/or Software may be reproduced in any form or by any means, or sold without the prior written permission of Moblico Solutions, LLC.

Further you agree that Moblico Solutions, LLC retains exclusive ownership of the trademarks represented by its company name and logo and product names including but not limited to, and all of the documentation and computer recorded data related thereto. You also agree that all techniques, algorithms, and processes contained in Moblico Solutions, LLC 's Software products or any modification or extraction thereof constitute TRADE SECRETS OF MOBLICO, LLC and will be safeguarded by you, but in no event shall you exercise less than due diligence and care in accordance with local laws. You shall not copy, reproduce, re-manufacture or in any way duplicate all or any part of Moblico Solutions, LLC's Software, and/or other materials WHETHER MODIFIED OR TRANSLATED INTO ANOTHER LANGUAGE OR NOT, or in any documentation, or in any other material provided by Moblico Solutions, LLC in association with Moblico Solutions, LLC's computer program products except as specified in these Terms of Use and in accordance with the terms and conditions of these Terms of Use which remain in force. You agree that unauthorized distributing, copying, duplications, or otherwise reproducing ALL OR ANY PART OR TRANSLATED PART of the Software provided by Moblico Solutions, LLC or the failure to protect such computer programs will actually and materially damage Moblico Solutions, LLC. You agree that in the event you breach this agreement, you will be liable for damages as may be determined by the District Court of Johnson County, Kansas.

You agree that the Software will be used solely to send messages in conjunction with the program and only to participants or attendees of the program who affirmatively agree to receive such messages. You agree that all messages will contain the "opt-out" option provided by the Software. You agree that you will provide to Moblico Solutions, LLC a single point of contact to manage messages delivered by the Software.

Moblico Solutions agrees that all end-user data acquired and collected during the program will remain your property or your clients' property and will be provided, in electronic format, at your request. Following the program, all end-user data collected will be permanently destroyed at your request.
 

WARRANTIES AND DISCLAIMERS


EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND MOBLICO, LLC, ALL MATERIALS, SERVICES AND/OR SOFTWARE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOBLICO, LLC MAKES NO WARRANTY THAT (i) THE SERVICES, MATERIALS AND SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES, MATERIALS AND SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, MATERIALS AND SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. MOBLICO, LLC MAY MAKE CHANGES TO THE MATERIALS, SERVICES AND/OR SOFTWARE AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, SOFTWARE OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND MOBLICO, LLC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. MOBLICO, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL MOBLICO, LLC OR ITS SUPPLIERS, IF ANY, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT MOBLICO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, MATERIALS, SOFTWARE OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE. ADDITIONALLY, BY DOWNLOADING THE SOFTWARE OR BY USING THE MATERIALS OR THIS SITE YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MOBLICO, LLC FROM ANY SUCH CLAIMS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBLICO, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

GOVERNING LAW AND JURISDICTION


Any disputes arising out of or in connection with these Terms of Use will be settled before the District Court in Johnson County, Kansas pursuant to Kansas law.