Mobility123.com Terms & Conditions

Mobility123.com Terms & Conditions

 

1. GENERAL

Use of the mobility123 website www.mobility123.com (the “Site”) is governed by the following Terms and Conditions and a Privacy Policy, both of which Users must read before using the Site. All pages within this Site are owned and operated by mobility123 together with any and all affiliated entities, are referred to collectively herein as the “Company”). A “User” is defined as any person who accesses the Site. These Terms and Conditions are a legal agreement between you and the Company.

BY USING THE SITE, YOU REPRESENT AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, UNDERSTAND THEM, AND THAT YOU AGREE AND HAVE THE LEGAL CAPACITY TO BE BOUND BY THEM. THESE TERMS AND CONDITIONS MAY BE WHOLLY OR PARTIALLY CHANGED, MODIFIED, ADDED TO OR REDUCED AT ANY TIME BY THE COMPANY IN ITS SOLE DISCRETION.

Users should visit the Site periodically to determine the applicable Terms and Conditions.

2. USER CONDUCT AND USE OF THE SITE

(A) Users must be eighteen years of age or older to access the Site and to register for, subscribe to, or otherwise use the services [or to order products] featured on the Site.

(B) User agrees to use the Site for lawful, noncommercial purposes only, and shall not use Site content for purposes of creating, developing or promoting any enterprise, whether or not for profit. User shall comply with all federal, state, and local laws applicable to the use of this Site and shall not use the Site to engage in prohibited conduct. Broadly stated, “prohibited conduct” is any conduct (i) that is unlawful, infringing, tortious, fraudulent, abusive, harassing, or otherwise harmful to the Company or any other party or property; (ii) that violates another party’s intellectual property, privacy or other rights; or (iii) that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration, prohibited conduct includes, but is not limited to, using the Site or the services provided through the Site to (i) violate any law or applicable regulation; (ii) violate or attempt to violate the security or integrity of, or gain or attempt to gain unauthorized access to, this Site or any service, system, information or communication contained herein; (iii) interfere with another’s use of the Site or the services provided on the Site through the posting or transmitting of a virus or other harmful item; (iv) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, use an IP address not assigned to you, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (v) commit fraud; (vi) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (vii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (viii) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable in the Company’s discretion; (ix) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (x) send or receive material containing defamatory, false, or libelous material; (xi) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xii) post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiii) engage in conduct that would expose the Company or its service providers to civil or criminal liability; (xiv) post, send or otherwise disseminate advertising or any solicitation; (xv) conduct or forward surveys, contests, pyramid schemes, or chain letters; or (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.

(C) Certain portions of the Site and information contained on the Site may be accessible only to registered Users or affiliates, service providers or other business partners of the Company, or may be password restricted. Users of the Site agree not to gain or attempt to gain unauthorized access to such portions of the Site or to information contained in such portions of the Site, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Site, to distribute passwords to unregistered or unauthorized Users, or to make any other unauthorized use of the Site or information accessible on the Site.

(D) The Company is not in any way associated with or responsible for content posted on or transmitted to the Site by Users. The Company has the right, but not the obligation, to monitor content posted on or transmitted to the Site for any reason, and reserves the right to remove anything that is, in its sole discretion, unacceptable, and to disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of this Site. All Users access and participate in the Site at their own risk. If a User finds abusive or offensive content on the site, User may email the Company at www.mobility123.com, with sufficient information identifying the abusive or offensive material, so that the Company may determine, in its sole discretion, whether or not to delete the material. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

(E) The Company may, at any time and from time to time, within its sole discretion, delete or purge files and submitted content from its records. The Company has no obligation to notify any User that it is deleting or purging files or submitted content.

(F) User is solely responsible for all content posted, published, displayed or otherwise transmitted to the Site by User. User agrees not to transmit or otherwise make available on the Site any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other proprietary right without the express permission of such individual or the owner of such rights, respectively. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on the User. User shall be solely liable for and shall indemnify and hold theCompany harmless for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, violation of privacy or publicity rights, or any other harm resulting from the User’s submissions to, or transmission of information from, the Site.

(G) By submitting material to any area of the Site, the User expressly grants the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in works of any form, medium or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material.

(H) The Company reserves the right to terminate the access of any User to the Site without notice for any reason whatsoever.

3. LINKING

The Site may contain links and pointers to other related World Wide Web internet sites and resources. Links to and from the Site to other sites maintained by third parties, do not constitute an endorsement by the Company of any third party resources or their contents.

4. COPYRIGHT AND COPYRIGHT AGENT

All content available at this site, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of the Company or used by the Company with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Site is the exclusive property of the Company and protected by U.S. and international copyright law. The Company reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content). Users of the Site agree to not take any action with respect to content of the Site that would violate the intellectual property rights of the Company or the individual rights of other Users. Content contained on the Site may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, without the Company’s prior permission. You may download a copy of any portion of the Site solely for your personal, non-commercial use, provided that all copyright and other notices are kept intact. Any other use of the content contained on the Site is strictly prohibited.

The Company respects the intellectual property of others and asks that Users do the same. If a User or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide the Company’s designated Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. 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 the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Users may contact the Company’s designated Copyright Agent for notice of claims of infringement on this Site as follows:

By mail: 142 New Jersey Ave. Absecon, NJ 08201
By Phone: Toll Free: (800)485.7789
By email: support@mobility123.com


5. TRADEMARKS

All trademarks, service marks, logos, and trade dress on the Site are the property of the Company or its affiliates or licensors and may not be copied, imitated or used without the prior written permission of the Company.

6. DISCLAIMERS; LIMITATION OF LIABILITY

(A) The Company is not responsible for the conduct, whether online or offline, of any User, third party service provider, or any other person or entity. Use of Site services, access to any portion of the Site, or reliance on the information contained therein or provided by others appearing on the Site, is done at the sole risk of User. Under no circumstances will the Company be responsible for any loss or damage caused by a User’s reliance on information contained on or transmitted through the Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site, and to seek professional or other assistance, if necessary, in making such evaluation.

(B) If a User provides his or her email address to the Company, this will constitute permission for the Company to send emails regarding the Company, its affiliates, its sponsors, its products, or other items in which the User may have an interest unless and until the User opts to unsubscribe from such email communications. At no time will the Company be held responsible for any inability to prevent emails from being sent to any party.

(C) THE SITE, ITS SERVICES, AND THE PRODUCTS ADVERTISED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, QUALITY, CHARACTER, SUITABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE SITE IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING.

(D) IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ANY CONTENT OF THE COMPANY OR THIRD PARTY CONTENT PROVIDERS, ANY DEFECT OR FAILURE OF ANY PRODUCT ADVERTISED ON THE SITE, OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, OR ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION BY USERS OR THIRD PARTIES OF INFORMATION SUBMITTED TO OR CONTAINED ON THE SITE. The Company, its affiliates, and or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, the content or services contained on the Site. Any claims arising in connection with your use of the Site or any content or services contained on the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

(E) The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site in any manner, including but not limited to the offensive or illegal conduct of other Users or third parties.

7. INDEMNIFICATION

(A) User agrees to indemnify, release and hold harmless the Company from any and all liability related to User’s use of the Site, including but not limited to, the User’s access to, submission of, or distribution of, information to or from the Site.

(B) User releases and holds harmless the Company from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Site content and/or information contained in the Site by other Users or third parties.

8. MISCELLANEOUS

(A) GOVERNING LAW

Any disputes arising out of or related to the use of the Site or these Terms and Conditions will be governed by the law of the State of New Jersey, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions shall lie in the appropriate federal or state court in Atlantic County, NJ.

(B) SEVERABILITY

The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.

(C) ENTIRE AGREEMENT

These Terms and Conditions represent the entire agreement between the Company and Users with respect to use of the Site.

(D) LIMITATION ON CAUSES OF ACTION

Any cause of action Users may have with respect to use of the Site must be commenced within one (1) year after the claim or cause of action arises.