Updated: February 22, 2023
Replaces Version Updated: May 10, 2022
This agreement contains a mandatory dispute resolution provision and arbitration agreement with a class action waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review those sections of these terms carefully.
This website is operated by Mobiniti. Throughout the site, the terms “we”, “us” and “our” refer to Mobiniti. Mobiniti offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mobiniti. The collective work includes works that are licensed to Mobiniti.com. Copyright 2014, Mobiniti.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Mobiniti.com or purchasing Mobiniti.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Mobiniti.com or to purchase Mobiniti.com products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Mobiniti.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Mobiniti.com used in the site are trademarks or registered trademarks of Mobiniti.com.
You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You shall not modify, copy or create derivative works based on the Mobiniti website or Service. You shall not mirror any content forming part of the Mobiniti website or Service. You shall not copy any ideas, features, reverse engineer functions of the Mobiniti website or Service.
Subject to the limited rights expressly granted hereunder, Mobiniti reserves all rights, title and interest in and to its website, Service and products, including all copyright, trademark and other intellectual property rights.
Mobiniti does not tolerate the sending of unwanted messages. To that end, Mobiniti maintains and enforces a separate Messaging Policy which sets forth the terms that control the sending of messages through Mobiniti’s Service. Any Mobiniti user or customer found to be sending messages without the recipient’s consent or in violation of our Messaging Policy or these Terms will be immediately suspended without refund from further use of our Service. Attempts to evade Mobiniti’s monitoring of messaging prohibited by the Messaging Policy or these Terms also violates these Terms.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our Service may utilize text/SMS/iMessage messages, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the text/SMS/iMessage features of the Service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Your use of Services is contingent upon payment whether paid in advance or through the purchase of message credits on Mobiniti. The payment for services such as keywords, plans and other monthly service fees shall be deemed completed when Mobiniti receives the full amount of payment due for such services. You are responsible to remit payment for any messaging overage fees and any other overage charges outside of your monthly service plan. You are responsible to pay for any message regardless of whether the message is actually received by the intended recipient. We do not offer refunds for services that have already been paid for. This includes, but is not limited to monthly subscriptions, branded short domains, and bulk message purchases. To cancel your service, please send send your request to: email@example.com.
THIRD PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges, service times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mobiniti, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISPUTES AND ARBITRATION
Contact Mobiniti First. If a dispute arises between you and Mobiniti, our goal is to learn about and address your concerns without the expense of formal arbitration. To that end, you agree to notify Mobiniti about any dispute you have with Mobiniti regarding these Terms or our Service by contacting Mobiniti at firstname.lastname@example.org. This informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding in arbitration, small claims court, or otherwise. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
This process should lead to the resolution of any dispute, but if for some reason it is not resolved within 60 days of your contacting Mobiniti, which time can be extended by agreement of the parties, you and Mobiniti agree to the further dispute resolution provisions below.
Binding Arbitration. To the extent not resolved as set forth above, you and Mobiniti agree, subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Service to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. Before commencing any arbitration or other proceeding, you must first present any claim or dispute to us by contacting Mobiniti to allow us an opportunity to resolve the dispute. Only if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Mobiniti may you request arbitration. Mobiniti, however, may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 11(f) (Notifications).
The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Wilkes-Barre, Pennsylvania, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Unless both you and Mobiniti otherwise agree in writing, the arbitrator may not order consolidation of arbitration. Any arbitration shall be confidential, and neither you, Mobiniti nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Mobiniti. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
YOU MUST CONTACT MOBINITI WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.