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TERMS OF USE 

 


 1. ACCEPTANCE OF TERMS 

MI, Inc. (“Mobility”), makes its website mobilityintel.com 
(together, the “Site”) available to you subject to the following Terms of Use,
which may be updated by Mobility from time to time without notice.  Please check
these Terms of Use periodically for changes.  If you do not agree to the Terms
of Use, please do not use this Site.  By using this Site, you acknowledge that
you have read, understood and agree to these Terms of Use.  Your continued use
of this Site following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.  You agree that at all times you shall
keep confidential, maintain and control all user names and passwords used to
limit your access to the Site, and that you are exclusively responsible for all
activities that occur in connection with such user names and passwords.  You
agree to immediately notify Mobility of any disclosure to, or use of, any such
user names or passwords by any other individual.  Mobility will not be liable
for any loss or damage of any kind, under any legal theory, caused by your
failure to comply with the foregoing obligations. 


 2. PRIVACY POLICY 

Any information including personal information (e.g., your name, address,
telephone number, e-mail address) you transmit to this Site will be used by us
in accordance with this Site’s Privacy Policy, which can be found
here mobilityintel.com/#/privacy.  


 3. USE OF THE SITE 

This Site is not intended for use by minors and minors are not permitted to use
or post on this Site.  Mobility maintains the Site for your informational and
non-commercial personal use. Your use of the Site for any other purpose is
permissible only upon the express prior written consent of Mobility. Without
limiting the foregoing, you may not: (1) use the Site in a commercial manner,
including by distributing, transmitting or publishing the Site or any of its
content; (2) interfere with others’ use of the Site; (3) impair the Site’s
operation or interfere with or disrupt the servers or networks on which it
operates; (4) interfere with Mobility’s exercise of its intellectual property
rights; (5) frame or otherwise co-brand the Site or any of its content; (6)
deep-link to any portion of the Site; or (7) use the Site for any illegal
purpose. We reserve the right in our sole discretion to terminate or restrict
your use of the Site, without notice, for any or no reason, and without
liability to you or any third party. In such event, we may inform your Internet
service provider of your activities and take appropriate legal action. 





 4. SITE CONTENT 

You acknowledge and agree that Site contains certain information, such as
articles, text, graphics, images, links, and other material contained on this
Site, as well as support materials (e.g., newsletters and brochures)
(collectively, “Mobility Content”) that is protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights and laws.
 You agree that as between you and Mobility, Mobility is the owner of all such
Mobility Content.  You may not reproduce, distribute, republish or retransmit
any Mobility Content or materials posted at this site without the prior written
permission of Mobility.  Except as expressly authorized by Mobility, you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or Mobility Content.  Notwithstanding the above, you
may print or download one copy of the Mobility Content or materials on this Site
on any single computer for your personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices.  Systematic retrieval of
data or other Mobility Content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without written
permission from Mobility is prohibited. 





 5. THIRD PARTY SITES/INFORMATION 

This Site may provide links to, or information gathered from, other sites on the
Internet.  Mobility makes no representations whatsoever about these sites or
this information.  Other sites linked to this Site may contain information or
material that some people may find inappropriate or offensive.  The provision of
links to, or information gathered from, other sites on the Internet should not
imply Mobility’s endorsement of any such sites or any association between
Mobility and these other sites’ operators.  These sites are not under the
control of Mobility, and you acknowledge that Mobility, its affiliates, and its
licensors are not responsible for the accuracy, legality, decency, copyright
compliance, or any other content of, or gathered from, such sites.  You also
acknowledge that Mobility, its subsidiaries, its affiliates, and its licensors
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on the content, goods or services available on or through any sites linked to
this Site, or your transmission of information, including personal data, to
third-parties through such other sites. 





 6. MESSAGE BOARDS AND POSTING GUIDELINES.   

Mobility hosts message boards, chats, and other public forums on the Site.
 Message boards, chats and other public forums are intended to serve as
discussion centers for users and subscribers of the Site.  These are public
forums and any information that you post on the Site may be seen by anyone on
the Internet.  You agree not to post any defamatory, abusive, profane,
threatening, offensive, or illegal materials or information.  You also agree not
to post statements or materials that constitute junk mail, spam or unauthorized
advertising, such as links to commercial products or services or any political
campaigning.  You also agree not to post any information or material protected
by copyright, trademark or other proprietary right without the permission of the
copyright, trademark, or proprietary right owner.  Users shall be solely liable
for any damage resulting for infringements of copyrights, trademarks,
proprietary rights or any other harm resulting from such user’s submission or
post.  In addition, you grant Mobility and users of this site the nonexclusive
right and license to display, copy, publish, distribute, transmit, print, and
use such posted information or materials. 





 7. DISCLAIMER OF WARRANTIES 

The Content on this Site is for informational purposes only.  ALL CONTENT
INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS
AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. Mobility, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.  ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
 BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU. 





 8. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL Mobility, ITS AFFILIATES, OR ITS LICENSORS BE
LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,
 PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Mobility HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT
FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE.  Mobility, ITS AFFILIATES
AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED
BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY Mobility FOR THE PRODUCT
GIVING RISE TO THE LIABILITY.  THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF Mobility HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES Mobility’S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  

 


 9. INDEMNITY 

You agree to indemnify and hold Mobility and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including attorneys’ fees, made by any third party that
arise from your use or misuse of this Site, or breach of any warranty, covenant,
representation or term contained in these Terms of Use.  Mobility reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with Mobility in asserting any available defenses. 





 10. INTERNATIONAL USE 

Mobility makes no representation that materials or Content on this Site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where the Content or materials are illegal is
prohibited.  If you access this site from locations outside of the United States
you do so on your own initiative and you are responsible for compliance with
local laws. You agree to comply will all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside. 





 11. COPYRIGHT POLICY 

Mobility respects the intellectual property rights of others and expect visitors
to this Site to do the same.  Mobility will respond to notices of alleged
copyright infringement that comply with applicable law and are properly provided
to us. If you believe that your content has been copied in a way that
constitutes copyright infringement, please provide contact details to Mobility
using the information below and provide the following: (i) a physical or
electronic signature of the copyright owner or a person authorized to act on
their behalf; (ii) identification of the copyrighted work claimed to have been
infringed; (iii) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit us
to locate the material; (iv) your contact information, including your address,
telephone number, and an email address; (v) a statement by you that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (vi) a statement
that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner. 

Mobility reserves the right to remove content alleged to be infringing without
prior notice and at its sole discretion. Mobility may also terminate a user’s
account if the user is determined to be a repeat infringer. Mobility’s
designated copyright agent for notice of alleged copyright infringement
appearing on the Site is: 

info@mobilityintel.com 

  


 12. MODIFICATIONS TO SERVICE 

Mobility reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, this Site or some or all of the
services offered through this site, with or without notice.  You agree that
Mobility shall not be liable to your or to any third party for any modification,
suspension or discontinuance of this site or some or all of the services offered
through it. 


 13. CHOICE OF LAW AND FORUM 

These Terms of Use shall be governed by and construed in accordance with the
laws of the State of New Jersey, excluding its conflicts of law rules.  You
expressly agree that the exclusive jurisdiction and venue for any claim or
action arising out of or relating to these Terms of Use or your use of this Site
shall be filed only in the state or federal courts located in the State of New
Jersey, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
action. 


 14. SEVERABILITY AND INTEGRATION 

This agreement, along with Mobility’s Privacy Policy, constitutes the entire
agreement between you and Mobility with respect to this Site and supersedes all
prior or contemporaneous communications and proposals, whether oral, written, or
electronic, between you and Mobility with respect to this Site.  If any part of
these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. 


 15. CONTACT INFORMATION. 

If have any questions or should you need any additional information about issues
relating to this website and/or technical manual, please contact: 

info@mobilityintel.com 




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