mobile connectory

Terms & Conditions

Effective date: This Terms of Service is effective and was last updated as of August 8, 2012
I. Introduction
  1. The Mobile Connectory website (the "Website") is owned and operated by Mobile Connectory LLC ("Mobile Connectory", "we", "us" or "our"). By accessing the Website or using the services offered by Mobile Connectory (the "Mobile Connectory Services") users of the Website and the Service (the "users", "you" or "your") agree and acknowledge to be bound by these Terms of Service (the "Terms" or "Agreement"). By accessing or using the Mobile Connectory Services, you agree to be bound by these Terms.
  2. Mobile Connectory provides users with access to a rich collection of resources, including our internet-based School Directory development database, which may be accessed through our mobile application running on any compatible mobile device (the "Mobile Application"). You understand and agree that the Mobile Connectory Services may include certain communications from Mobile Connectory, such as service announcements and administrative messages and that these communications are considered part of Mobile Connectory membership and you will not be able to opt out of receiving them.
  3. Although Mobile Connectory may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, at our sole discretion, modify or revise these Terms and policies at any time by giving notice on the Website, and you agree to be bound by such modifications or revisions. You understand and agree that if you use the Mobile Connectory Services after the date on which Terms have changed, we will treat your use as acceptance of the updated Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
II. User Accounts
  1. Directory Administrator User Accounts
    1. In order to create a directory for your School Network (as defined below), a directory administrator account (the "Administrator Account") must first be created. Please note that any entity providing education services can authorize an individual to open an Administrator Account, including, but not limited to (i) an individual school, (ii) a school district, (iii) any parent teacher organization authorized by such a school or school district or (iv) a non-profit organization servicing local educational needs (each such entity defined as a "School" and the network associated with such a School a "School Network").
    2. The Administrator Account for each School Network will have the right to modify, suspend or delete any Family Account or Staff Account (as defined below) associated with the School Network the Administrator Account is associated.
    3. In order to create an Administrator Account and serve as a Directory Administrator (a "Directory Administrator"), you hereby represent that (i) you have been authorized by the School Network for which you are creating an Administrator Account to serve as a Directory Administrator (ii) that you are solely responsible for maintaining the accuracy of the Directory Information associated with your School Network and (iii) that you are fully responsible for ensuring that any information input by any user on your School Network's Mobile Connectory directory services, including but not limited to information associated with Staff Accounts does not violate the standards of conduct set forth in Article IV, below. Mobile Connectory shall not be responsible for any damages or liabilities arising from a Directory Administrator's failure to comply with the Terms, including this Section II(A)(c).
    4. Directory Administrators are authorized to limit, suspend, terminate, modify, or delete any Family Account or Staff Account associated with which the School Network the Administrator Account is associated.
    5. Directory Administrators are authorized to assign certain functionality associated with their accounts to third parties (for example, to provide volunteers an opportunity to assist in data entry). Directory Administrators are solely responsible for any actions taken by third party individuals to whom they assign any portion of the functionality of their Administrator Accounts.
  2. Family Accounts
    1. In order to create an account through which you can access the Mobile Connectory Services (a "Family Account"), you must (i) agree to be bound by these Terms, (ii) provide the following information: your first and last name; user name and password; your e-mail address and other information that helps us confirm the identity of the individual creating the Family Account (the "Registration Information") (iii) be a parent or guardian of a child attending the School associated with the School Network for which you are creating an account and (iv) acquire an authorization code from the Directory Administrator to verify your identity.
    2. Once you have created a Family Account, you can provide information that will be made accessible to other Mobile Connectory users associated with the same School Network, including home address, phone numbers, and names of family members (the "Directory Information") or to "opt out" of the Directory completely at any time. Please note that if you do opt out, your students' name and grade (and teacher, where applicable) will still be available to your school community. However, in such case none of your Directory Information will be available to other Family Accounts associated with your School Network.
    3. Once you have created a Family Account, you will be given the option to sign up to review the full directory for the School Network with which your Family Account is associated via the Mobile Application (a "Parent Subscription to App Content").
    4. You are responsible for providing complete and accurate information when registering for a Family Account. You are responsible for maintaining the security of the Family Account and password. By creating an account, you hereby agree to comply with all applicable law. We reserve the right to deny registration of any individual and to deny access to the Mobile Connectory Services to any individual.
    5. Please note that Mobile Connectory does not allow children under the age of 13 to create a Family Account. By creating a Family Account, you certify that you are at least 18 years of age and are the legal parent/guardian of the children whose information you provide as part of the Directory Information. For more information, please see our Privacy Policy - Our Policies Concerning Children.
    6. Please be aware that the Directory Administrator for your School Network can choose to limit, suspend, terminate, modify, or delete your Family Account at any time. Mobile Connectory is not responsible for such a suspension and encourages you to contact your local Directory Administrator if such an event occurs.
    7. As the creator of your Family Account, it is your responsibility to determine whether your child over the age of 13 may access the Directory Information via the Mobile Application. Children over the age of 13 accessing the Directory Information via the Mobile Application are subject to their compliance with these Terms.
  3. Staff Accounts
    1. If you are a staff member currently employed by a participating School Network and authorized by such School Network to use the Mobile Connectory Services, your Administrator can create an account (a "Staff Account") for you. By accessing a Staff Account, you must (i) agree to be bound by these Terms, (ii) represent that you are currently employed as a staff or faculty member at a participating School Network and (iii) provide the following information: your first and last name; user name and password; your e-mail address and other information that helps us confirm your identity.
    2. After creating a Staff Account, you will, at your discretion, have the opportunity to provide additional profile information (the "Staff Information") that can be accessed by Family Accounts associated with the same School Network.
  4. Suspension and Termination of Accounts and the Mobile Connectory Services.
    1. Generally, accounts created with us will be considered active until a request to deactivate or delete them has been made or until the subscription period ends; however, we reserve the right to terminate any account that has been inactive for 180 days. Family Accounts will be automatically terminated when (i) the School the Family Account is associated with cancels its subscription to the Mobile Connectory Services or (ii) the children of the parent or guardian holding the Family Account no longer attend the School the School Network is associated with.
    2. Administrator Accounts can be terminated by calling the Mobile Connectory help line, which is displayed upon login to your Administrator Account.
    3. Family Accounts and Staff Accounts can be canceled by contacting the Directory Administrator of the School Network that the Family or Staff Account is associated with.
    4. We reserve the right to limit, suspend, terminate, modify, or delete (i) any account we provide to you or (ii) your access to the Mobile Connectory Services or portions thereof, including if you are, or we suspect that you are, failing to comply with these Terms (including, without limitation, the "prohibited actions" set forth in Section IV below) or for any actual or suspected illegal or improper use of the service, with or without notice to you.
    5. We also reserve the right to stop offering and/or supporting the Mobile Connectory Services or any part of the Mobile Connectory Services at any time either permanently or temporarily, at which point your use of the Mobile Connectory Services or a part thereof will be automatically terminated or suspended.
    6. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights, or a Directory Administrator's rights hereunder.
    7. You may cancel your subscription to the Parent Subscription to App Content at any time by sending an email to accounts@MobileConnectory.com with your name and email address. You must put the words "Stop My Service" in the subject of the email. We will complete your action within thirty (30) days of receipt of email. Please note that cancelling the Parent Subscription to App Content has no effect on your Family Account, which will remain active unless it is cancelled or it expires pursuant to this Section II(D).
III. General Terms
  1. You are responsible for your use of the Website and Mobile Connectory Services and for any consequences or liability arising therefrom.
  2. Please note that it is a violation of these Terms to use any Registration Information or Directory Information for marketing and sales purposes.
  3. The Mobile Connectory Services that we provide are always evolving and the form and nature of the Mobile Connectory Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Mobile Connectory Services (or any features within the Mobile Connectory Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
IV. Prohibited actions

You agree that you will not:

  1. Take any actions, including but not limited to transmitting any information, tags, messages, graphics or other materials uploaded, downloaded, or appearing as a result of the use of the Mobile Connectory Services (collectively, the "Content"), with respect to your use of the Mobile Connectory Services that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
  2. Interfere with or disrupt the Website or servers or networks linked to the Website, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website;
  3. Transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Transmit any Content that includes images or videos of children, without first obtaining the consent of their parent to post such Content;
  5. Violate any applicable local, state, national, or international law;
  6. Use the Website or Mobile Connectory Services for commercial purposes without our prior written consent; or
  7. Solicit other users of the Website to become members of any commercial on-line service or other group or organization using the Mobile Connectory Services without first obtaining our express written consent.
V. Intellectual Property Rights
  1. The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Mobile Connectory, LLC Copyright 2012. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Mobile Connectory reserves all rights in the Site and the Services that are not expressly granted. mobileconnectory is a trademark of Mobile Connectory, LLC in the United States. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to User any rights to any such intellectual property. User further acknowledges and agrees that Content made available to User through the Services may be subject to the intellectual property rights of third parties.
  2. No commercial reuse of mobile connectory services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Mobile Connectory Services.
VI. Billing
  1. Subscription Fees and Overages. We will charge a yearly subscription fee to (i) any Administrator Account that you create or (ii) any Parent Subscription to App Content purchased through a Family Account to the charge or credit card account provided by you. Payment must be made by a major credit card accepted by us (American Express, VISA, MasterCard, and Discover), check or money order. Cash will not be accepted. You hereby authorize the card issuer to pay any amounts described herein and authorize us to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. Please note that all payment transactions are processed by PayPal - we do not store your full credit card information on our systems.
  2. Provision of Requested Information. You agree to provide us (or our payment processor) updated information on your credit card upon our request and any time the information earlier provided is no longer valid. If payment is not received by us from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us. You, and not us, are responsible for paying any amount billed to your credit card by a third party that was not authorized by you. Please note that while Mobile Connectory does not store your full credit card information, we do store the following information after each purchase: (i) the date the purchase was made, (ii) the name appearing on the credit card and (iii) a unique order number associated with the purchase.
  3. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY US.
  4. Account Information and Billing Inquiries. You may consult your account management page "My Account" for details on your account information including payment method and billing currency. We will send an electronic invoice to the email address associated with your Administrator Account or Family Account whenever any fees associated with the Mobile Connectory Services are charged to your account. If you believe you have been billed in error please notify us within 45 days of the billing date by contacting Mobile Connectory at accounts@MobileConnectory.com
  5. Termination. You may terminate your Administrator Account or Family Account at any time by following the procedures set forth in Section II(D) of these Terms. Your only right and remedy with respect to any dissatisfaction with the Mobile Connectory Services is to terminate this Agreement and your Administrator Account or Family Account including, without limitation, any dissatisfaction with (i) any terms and conditions of these Terms, or any of our policies or practices in operating the Mobile Connectory Services or (ii) the amount or type of fees or billing methods, or any change thereof. When you terminate your subscription, your account will not be automatically renewed and your access will be terminated on the expiration date. You acknowledge that we, at our sole discretion, may terminate your ID, password, account (or any part thereof), use of the Mobile Connectory Services, or these Terms as a whole if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms or our Privacy Policy. Upon termination of this Agreement, you shall have no further rights to use the Mobile Connectory Services. We may also at our sole discretion and at any time discontinue providing the Mobile Connectory Services, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Mobile Connectory Services.
  6. Refunds. All fees and charges paid by you in relation to the Mobile Connectory Services are nonrefundable, except as otherwise stated herein. We will provide a full refund to the holder of an Administrator Account who chooses to terminate such an account within forty five (45) days of the initial online sign up or renewal of the Mobile Connectory Services provided we receive such a refund request within forty-five (45) days of the billing date for any such fees. All subscription upgrades are non-refundable, as are any subscriptions purchased through a Family Account. Please note that should a Directory Administrator terminate their use of the Mobile Connectory Services, no refunds will be provided to holders of Family Accounts associated with that Directory Administrator's School Network. To request a refund for early termination, please send an email with the subject line "Refund Request" to accounts@MobileConnectory.com, and include your name, your account type and the email associated with your account.
VII. Advertising
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mobile Connectory Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mobile Connectory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Mobile Connectory Services.
VIII. Security
Mobile Connectory takes your security seriously and takes reasonable steps to protect your information. No data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. The following is a summary of the measures Mobile Connectory takes to protect your information and descriptions of ways we implement these measures for different types of information you may provide to us.
  1. Security Steps We Have Taken
    1. Secure Socket Layer (SSL). Mobile Connectory uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as financial services information or payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time Mobile Connectory asks you for a credit card number on Mobile Connectory for payment or for verification purposes, it will be SSL encrypted. The information you provide will be stored securely on our servers only long enough to complete the transaction and forward your information to our payment services provider (PayPal). Once your transaction is completed, your payment information is erased from Mobile Connectory and none of the information you input is stored on our servers. We also use SSL for password protection. Your password is transmitted using SSL encryption. Once you choose to store or enter your password on Mobile Connectory it will not be displayed back to you. Instead of seeing your password you will only see asterisks.
    2. Passwords. Mobile Connectory has implemented a strict password requirement. Users creating an account to access Mobile Connectory (parents, staff or administrators) will be required to adhere to the password requirements in order to gain access to the site.
    3. Secure Storage. Mobile Connectory maintains reasonable physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you and your family.
    4. Vendors and Partners. Mobile Connectory works with its technical support partners to protect the security and privacy of user information.
    5. Employee and Contractor Access to Information. Mobile Connectory limits access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
  2. Security Steps You Can Take
    1. Directory Administrators are responsible for the security of their School Network's information. Mobile Connectory has provided built-in monitoring tools to assist in this regard; however, there are specific security checks that the Directory Administrator is responsible for performing, which include:
      1. Holders of Administrator Accounts are required to monitor and verify login activity for accounts associated with their School Network. Any suspicious activity that appears to be originating from outside the school environment is required to be reported to Mobile Connectory.
      2. Holders of Administrator Accounts are required to deactivate any Family Accounts that appear to be engaging in activities that are in violation of these Terms.
  3. Reporting Incidents
    1. To Mobile Connectory
      1. If you believe any Mobile Connectory account has been compromised, please report the incident to us by calling the "Speak with a Human" number on our Contact Us page or via email at security@MobileConnectory.com.
      2. If you have been contacted about your Mobile Connectory account by someone asking for your password or other personal information, please forward the email to security@MobileConnectory.com. Please include the full headers and any other information regarding the email you received.
    2. To Your Directory Administrator
      1. If you believe your Family Account or Staff Account has been compromised, please report the incident to your School Network's Directory Administrator immediately.
    3. To Law Enforcement
      1. In the event that you believe that your personal safety is at risk or if you believe that you may be the victim of identity theft or other illegal conduct, please contact the appropriate federal, state or local law enforcement agencies directly.
IX. Indemnification

You hereby agree to defend, indemnify and hold us, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the "Indemnified Parties") harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement or any representations, warranties and/or covenants contained herein or (ii) otherwise arises from or relates to your use of the Mobile Connectory Services. In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages when you use the Mobile Connectory Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

X. Electronic communications

You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

XI. Governing law; Dispute resolution

In order to expedite and control the cost of disputes, you and Mobile Connectory agree that any legal or equitable claim relating to these Terms (referred to as a "Claim") will be resolved as follows:

  1. Informal Resolution. You and Mobile Connectory agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. Mobile Connectory will send its notice to your email address. You will send your notice to hello@MobileConnectory.com.
  2. Arbitration. Please read this carefully. It affects your rights. Mobile Connectory and you (such references include our respective predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Mobile Connectory and you. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AA Rules") of the American Arbitration Association ("AA"), as modified by this Agreement, and shall be administered by the AA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Except as otherwise provided for herein, Mobile Connectory will pay all AA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AA Rules. In such case, you agree to reimburse Mobile Connectory for all monies previously disbursed by it that are otherwise your obligation to pay under the AA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your Demand, Mobile Connectory shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration. You agree that, by entering into this Agreement, you and Mobile Connectory are waiving the right to a trial by jury.
  3. You and Mobile Connectory agree that YOU AND Mobile Connectory MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
  4. Formal Resolution. If we cannot resolve a Claim informally, you and Mobile Connectory each agree to submit to personal jurisdiction in the County of San Francisco, California, and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in the Northern District of California, provided that neither you nor Mobile Connectory shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
  5. Governing Law and Jurisdictional Issues. This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from any territory where the content is illegal is prohibited. You may not use or export any of the Website materials in violation of U.S. export laws and regulations.
XII. Disclaimers and Limitation of Liability
  1. No Express or Implied Warranties. OUR WEBSITE AND THE MOBILE CONNECTORY SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE.

    WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF THE MOBILE CONNECTORY SERVICES OR CONTENT. WE DO NOT WARRANT THAT THE MOBILE CONNECTORY SERVICES WILL BE CONTINUOUS AND UNINTERRUPTED, SECURE OR ERROR OR VIRUS FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOBILE CONNECTORY SERVICES. USE OF THE MOBILE CONNECTORY SERVICES AND ANY RELIANCE BY YOU UPON THE MOBILE CONNECTORY SERVICES IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.
  2. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE RISK OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU.

    YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR USE OF OUR WEBSITE, THE MOBILE CONNECTORY SERVICES OR STORAGE, DISPLAY OR TRANSMISSION OF ANY CONTENT OR FOR YOUR OR ANY THIRD PARTIES' DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    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 THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
XIII. Miscellaneous
  1. Suggestions and Feedback. We welcome feedback or inquiries about our services. However, if you elect to provide any feedback or comments of any nature to us, all of such feedback and comments shall be our sole and exclusive property and we will have the right to use such feedback in any manner and for any purpose at our discretion without remuneration, compensation or attribution to you, provided that we are under no obligation to use such feedback.
  2. Right to Assign. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or delegated by us, in whole or in part, without restriction.
  3. No Agency. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
  4. Interpretation and Entire Agreement. This Agreement, together with our Privacy Policy, form the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
  5. Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Website and/or the Mobile Connectory Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
  6. For Parents. This Website is not intended for children under the age of 13. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your kids at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm and at http://kids.getnetwise.org/tools/.
  7. Contact Us. If you have any questions, comments or concerns about these Terms and/or the Website, you may send an inquiry to: legal@MobileConnectory.com. However, please note that communications made through the Website's e-mail and messaging system shall in no way be deemed to constitute legal notice to us or any of its officers, employees, agents or representatives, such as where notice to us is required by contract, or any federal, state or local laws, rules or regulations. You may provide legal notice to us via our postal address:

    Mobile Connectory
    Attn: Legal Department
    P.O. Box 24361
    Oakland, CA, 94623