Vobile Website Terms of Use

Agreement between User and www.vobileinc.com

Welcome to www.vobileinc.com. The www.vobileinc.com website (the “Site”) is comprised of various web pages operated by Vobile, Inc (“Vobile,” “we,” or “us”). If you are accessing the Site on behalf of a company or other entity, you represent and warrant that you are authorized to bind such entity to the Terms. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.vobileinc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you have entered into a service agreement or other agreement with Vobile with respect to any of its services, that agreement also governs your use of the Site.

Privacy

Your use of www.vobileinc.com is subject to Vobile’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.vobileinc.com or sending emails to Vobile constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Purpose of Site/Description of Services

Vobile may provide you with a free collection of services through the site (collectively and individually, the “Services”) which may include descriptions of proprietary technology, paid products, and services provided by Vobile, downloadable brochures, links to more information about the company and its products, and links to the social media presence of the company. The term “Services” refers to the information and functionality provided by the Site and does not include any other services to be rendered by Vobile, which shall be addressed in separate contracts between Vobile and parties. Vobile reserves the right to change or discontinue the Services at any time, with or without notice. These Terms govern any changes to the current Services, including but not limited to enhancements and new product releases. By using this Site, you agree that Vobile shall not be liable to you or to any third party for any change or discontinuance of any of the Services.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.vobileinc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vobile that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vobile or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vobile content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vobile and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vobile or our licensors except as expressly authorized by these Terms.

Conflicts

In the event of any conflicts between these Terms and any service agreement (if applicable), the terms of the service agreement shall control. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Site or transactions concluded through this Site.

Third Party Sites

Some services offered by Vobile may take you to the websites of companies owned or operated by Vobile, or other third-party websites. Such external websites may have their own privacy policies and terms of use separate from those of Vobile. Even if a third party is owned by or affiliated with Vobile, Vobile is not responsible for the privacy policies, terms of use, information collection practices, or content of these linked third party sites. Such specific terms as presented by these linked sites may be in addition to these Terms or, where inconsistent with these Terms, only to the extent the content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms. All external links are provided for your convenience and you access them at your own risk.

International Users

The Service is controlled, operated and administered by Vobile from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vobile content accessed through www.vobileinc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Vobile, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vobile reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vobile in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VOBILE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED OR THAT OPERATION OF SITE AND/OR DELIVERY OF SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VOBILE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

VOBILE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VOBILE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOBILE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOBILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Vobile reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and all disputes relating to the Terms shall be settled in the California State Court, County of Santa Clara or in the US Federal Court, Northern District of California. You hereby consent to the exclusive jurisdiction and venue of such courts in California and waive any objection to venue therein. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vobile as a result of this agreement or use of the Site. Vobile’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vobile’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vobile with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vobile with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vobile with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Non-Waiver

The waiver of a provision or the failure of Vobile to exercise a right provided for in the Terms shall not be deemed a waiver of any other provision or further or future right under the Terms, nor shall any waiver constitute a continuing waiver. Failure to enforce a provision of the Terms shall not be deemed a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.

Severability

If any provision of the Terms is invalid or unenforceable, the validity and enforceability of such provision in any other respect shall not be impaired. The court shall reform the Terms by modifying the provision to be as close to the intent of the original provision as possible. The remaining provisions of the Terms shall remain the same.

Changes to Terms

Vobile reserves the right, in its sole discretion, to change the Terms under which www.vobileinc.com is offered. The most current version of the Terms will supersede all previous versions. Vobile encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Vobile welcomes your questions or comments regarding the Terms:

Vobile, Inc.
2880 Lakeside Dr., Suite 360
Santa Clara, CA 95054

Email Address:
info@vobileinc.com

Telephone number:
408-217-5000

Effective as of September 1, 2016