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Powerful Mobile Marketing Apps for Bands, Singers, DJ's, Clubs, Artists, Restaurants, Local & Retail Businesses.

Terms Of Use and Service

This web page represents a legal document and is the Terms of Use (Agreement) for MoBizMa.com, MoBizMa.com (Website).  By using MoBizMa.com, you agree to fully comply with and be bound by the following Agreement each time you use MoBizMa.com.  Please review the following terms carefully.


Our Services

MoBizMa.com offers the following services: Mobile Web Development Services, Mobile Application Development for iOS and Android operating systems, Mobile Web App Hosting, Mobile Marketing and Mobile Lead Generation/ Advertising.


Definitions

The terms “us” or “we” or “our” refers to TekDev LLC, the owner of this Website.  A “Visitor” is someone that merely browses MoBizMa.com.  A “Member” is someone who has registered with MoBizMa.com to use our Services.  The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through MoBizMa.com or Our Other Services, whether produced by our Members or by us, are collectively known as our “Content”.   We distinguish content posted by our Members as “Member Content”.


Acceptance of This Agreement

This Agreement is between you and TekDev LLC, owner of this website.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING MoBizMa.com CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT MoBizMa.com IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and TekDev LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to MoBizMa.com, Services, and the subject matter contained herein.  However, in order for you to use MoBizMa.com and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on MoBizMa.com, and you should review this Agreement prior to using MoBizMa.com. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use MoBizMa.com. If you have already accessed MoBizMa.com and do not accept this Agreement, you should immediately discontinue use of MoBizMa.com and Services.
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Limited License

TekDev LLC grants you a non-exclusive, non-transferable, revocable license to access and use MoBizMa.com and Services strictly in accordance with this Agreement.  Your use of MoBizMa.com and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.  No print out or electronic version of any part of MoBizMa.com or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
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Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of MoBizMa.com, Content, Services, and any software provided therein.
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Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TekDev LLC.
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Our Intellectual Property

MoBizMa.com may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of MoBizMa.com or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of TekDev LLC.

Our Content, as found within MoBizMa.com and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your use of MoBizMa.com and Services does not grant you any ownership rights to our Content.
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Digital Millennium Copyright Act Compliance

MoBizMa.com will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on MoBizMa.com;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.
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Eligibility and Registration for Membership

To use our Services, you must register with MoBizMa.com to become a Member.  Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.

Any registration by, use of or access to MoBizMa.com by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By using MoBizMa.com and/or Service, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.  TekDev LLC [MoBizMa.com] has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that MoBizMa.com cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
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Content Disclaimer

The opinions expressed on MoBizMa.com are not necessarily the opinions of TekDev LLC.  The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on MoBizMa.com.  Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion.  We reserve the right to make alterations or deletions to the Content at any time without notice.
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Errors, Corrections and Changes

We do not represent or otherwise warrant that MoBizMa.com will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through MoBizMa.com will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of MoBizMa.com or Services at any time.  We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on MoBizMa.com or Services.
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Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in MoBizMa.com shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and TekDev LLC or our Members.  You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in MoBizMa.com or Services.
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Advertisers and Sponsors Disclaimer

MoBizMa.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on MoBizMa.com is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TekDev LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
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Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO MoBizMa.com.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants.  Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
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Warranty Disclaimer

TekDev LLC is not responsible or liable in any manner for any Content posted on MoBizMa.com or in connection with our Services, whether posted or caused by Members of MoBizMa.com, or by TekDev LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on MoBizMa.com or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on MoBizMa.com or Services.  TekDev LLC is not responsible for the conduct, whether online or offline, of any user of MoBizMa.com or Services.

MoBizMa.com or Services may be temporarily unavailable from time to time for maintenance or other reasons.  TekDev LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

TekDev LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the MoBizMa.com or Services, including without limitation any software provide through MoBizMa.com or Services.

Under no circumstances will TekDev LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of MoBizMa.com or Services, or any interactions between Users of MoBizMa.com or Services, whether online or offline.

TekDev LLC reserves the right to change any and all Content, software and other items used or contained in MoBizMa.com or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MoBizMa.com, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH MoBizMa.com ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). MoBizMa.com AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  TekDev LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF MoBizMa.com OR SERVICES.  TekDev LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF MoBizMa.com OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.  TekDev LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH MoBizMa.com OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TekDev LLC.  MoBizMa.com AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH MoBizMa.com OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Limitation of Liability

TekDev LLC, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from MoBizMa.com or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of MoBizMa.com or Services, (d) your use of MoBizMa.com our Content, (e) the content contained on MoBizMa.com or Services, or (f) any delay or failure in performance of MoBizMa.com and Services beyond our control.

IN NO EVENT WILL TekDev LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF MoBizMa.com, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM MoBizMa.com OR SERVICES, EVEN IF TekDev LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TekDev LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
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Member Conduct

Members of certain level of access permissions may post their own content to MoBizMa.com through our Services (Member Content), and/or comment [as MoBizMa.com site Visitors may] on content pages where this functionality is enabled.  Members and Visitors understand that by using MoBizMa.com or Service, they may be exposed to content that is offensive, indecent, or objectionable.  We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. TekDev LLC is not responsible for the monitoring or filtering of any Member content.  Should any Member Content be found illegal, TekDev LLC will submit all necessary information to the proper authorities.

If any Member Content is reported to TekDev LLC as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by TekDev LLC.  Should the Member fail to meet such a request, TekDev LLC has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

1)  Upload, post or otherwise transmit any Member Content that:

  1. Violates any local, state, federal, or international laws.
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  4. Links directly or indirectly to any materials to which you do not have a right to link.
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  6. contains software 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, or to extract information from MoBizMa.com or Services.
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  9. In the sole judgment of TekDev LLC, is objectionable or which restricts or inhibits any other person from using or enjoying MoBizMa.com or Services, or which may expose TekDev LLC, our affiliates, or our Users to any harm or liability of any type.

2)   Use our Content to:

  1. Develop a competing website.
  2. Create compilations or derivative works as defined under United States copyright laws.
  3. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3)  De-compile, disassemble or reverse engineer MoBizMa.com, Services, and any related software.

4)  Use MoBizMa.com or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
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Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of MoBizMa.com and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
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Privacy Policy

Our Privacy Policy is considered part of this Agreement.  You must review this Privacy Policy by clicking on this link.
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Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
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Linking to MoBizMa.com

You may provide links to MoBizMa.com, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of MoBizMa.com, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to MoBizMa.com immediately upon request by us.
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Links to Other Websites

MoBizMa.com may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on MoBizMa.com does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. TekDev LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
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Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of MoBizMa.com or Services.
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Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Sosua, DR, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Sosua, DR necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.
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General Terms

This Agreement shall be treated as though it were executed and performed in Sosua, DR, and shall be governed by and construed in accordance with the laws of the Dominican Republic without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to MoBizMa.com or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.
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Mobile Website and/or Mobile Apps Account Terms

  • You must be 18 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. MoBizMa.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
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Payments Terms

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

A valid credit card is required.
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Refund and Return Policy

As the nature of our services is Digital Goods Delivery, consulting and development work that’s carried out for an agreed fixed sum or on a per hour basis, no refunds are issued once work is contracted.

You can request a free demo app prior to paying for full development services and for your mobile web app hosting package.

You can cancel the mobile website and /or mobile app hosting service or hosting with maintenance services at any time prior to next billing period.

There will be no refunds or credits for setup fees, mobile website and/or mobile application development fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

MoBizMa.com will use commercially reasonable efforts to have the application we built for you approved by the appropriate mobile platform provider [The Apple iTunes and the GooglePlay app shops]. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances for the application development costs.
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Cancellation and Termination

You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to support [at] MoBizMa [dot] com or by using our support contact form. Cancellations by phone or sent to any other email address will not be considered valid.

All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

MoBizMa.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MoBizMa.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

MoBizMa.com reserves the right to refuse service to anyone for any reason at any time.
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100% Satisfaction Guarantee Terms

If for whatever reason you are unsatisfied with your mobile application within the first month of service, MoBizMa.com guarantees to refund the first month of service with no questions asked. MoBizMa.com is backed by a 100% satisfaction guarantee.

This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with MoBizMa.com.
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Modifications to the Service and Prices

MoBizMa.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

MoBizMa.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

From time to time, MoBizMa.com may issue an update to the MoBizMa.com application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although MoBizMa.com will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
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Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the MoBizMa.com application to create your mobile application, you agree to allow others to view and share your Content.

MoBizMa.com does not pre-screen Content, but MoBizMa.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyright 2012 MoBizMa.com, [TekDev LLC]. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MoBizMa.com.

MoBizMa.com may make certain software available to you through the Service.  If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by MoBizMa.com, for your personal and noncommercial use only.  MoBizMa.com does not transfer either the title or the intellectual property rights to the Software, and MoBizMa.com retains full and complete title to the Software as well as all intellectual property rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you de-compile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

You grant MoBizMa.com a license to use the materials you post to the Services.  By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting MoBizMa.com, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of MoBizMa.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content.  You will not be compensated for any user content.  By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.

When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID.  The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

All MoBizMa.com content included on its site, its Software, and through the Service is the property of MoBizMa.com and is protected by U.S. and international intellectual property laws.  All MoBizMa.com content, Software, code, HTML/CSS, and visual design data is is copyright 2012 MoBizMa.com, TekDev LLC.
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General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only available via email. The technical support email address is support [at] MoBizMa [dot] com

You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service

You understand that MoBizMa.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other MoBizMa.com service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MoBizMa.com.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MoBizMa.com customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs [text notifications] or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

MoBizMa.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that MoBizMa.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MoBizMa.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of MoBizMa.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MoBizMa.com and govern your use of the Service, superseding any prior agreements between you and MoBizMa.com (including, but not limited to, any prior versions of the Terms of Service).

In no event shall MoBizMa.com liability to you exceed the amount actually paid to MoBizMa.com by you during the preceding 12 months.
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Contact Us

Questions about the Terms of Service should be sent to support [at] MoBizMa [dot] com
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This document, or any portion of, may not be copied or duplicated in any way without the written permission of MoBizMa.com

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