Mobipop, Inc. General Services Agreement
Agreement between Mobipop, Inc. LLC (“Mobipop, Inc.,” “We”, “Us”, or “Provider”) and You, Your heirs, agents, successors and assigns (“You”or “Your”) and is made effective as of the date of electronic execution. This document shall constitute the entire agreement between Mobipop, Inc. and You and while superseding any other prior agreements, govern Your use of all Mobipop, Inc.’ services.
1. No Unlawful Conduct or Improper Use
We will immediately deactivate Your Account if it is found by Us that Your Account is used for illegal, abusive or unethical activity. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3’s, obscenity, nudity, violations of privacy, and any harassing or harmful materials or uses, as determined by Us.
2. Service Fees
2a. Services Fees. “Paid Services” include but are not limited to access to your Mobipop digital business card, the Mobipop Business Card editor, Short Code with Key Word for SMS, SMS drip campaigns, Business listing management software, review management software. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Our fees will appear on an invoice that we provide via the Services, and within your eCommerce Payment Processor account(s).
2b. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for the selected monthly subscription package from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. You can cancel your subscription at any time by logging into your payment portal at https://mobipop-inc.paywhirl.com/
3. Cancellations and Refunds
3a. Cancellations: You may cancel your account at anytime by logging into https://mobipop-inc.paywhirl.com/.
3b. Refunds. While you may cancel your subscription at any time, you won’t be issued a refund except in our sole discretion, or if legally required.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we will automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
You shall ensure that the Your Account does not violate or infringe upon the rights of any third party (including for example, copyrights, trademarks, patents, moral rights or other intellectual property rights, rights of privacy or publicity, or other personal or proprietary rights) and does not violate the federal, state, or local laws of the United States, or any other relevant jurisdiction, including without limitation, laws against slander libel and defamation. You shall indemnify, defend and hold Mobipop, Inc. as well as all Provider’s Affiliates and licensees, and each of their officers, shareholders, directors, employees and agents harmless from any and all claims, damages and expenses (including without limitation, attorneys fees and costs of litigation) relating to the Your Account. You shall assume the defense and settlement of such Claims with counsel reasonably satisfactory to Mobipop, Inc. at Your sole risk and expense. Provider shall provide You reasonably prompt notice in writing of any such Claims and provide You with reasonable information and assistance, at Your expense, to help Yourself defend such Claims. Provider shall at all times have the right to participate fully in such defense at its own expense. You shall not have any right, without Provider’s written consent, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of Provider or its Affiliates or otherwise requires Provider or its Affiliates to take or refrain from taking any material action (such as the payment of fees). The parties agree that the foregoing indemnity obligations shall survive the termination or expiration of this Agreement.
6. Representations & Warranties; Disclaimer; Limitations On Liability
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, MOBIPOP, INC. ARE PROVIDED ON AN “AS IS” BASIS AND IS AVAILABLE WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MOBIPOP, INC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HOMESPUNWEBSITES DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
6c. LIMITATIONS ON LIABILITY
BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES EXPRESSLY ACKNOWLEDGE THAT THE LIABILITY TO THE OTHER PARTY IS SPECIFICALLY LIMITED TO AMOUNTS PAID TO AND RECEIVED UINDER THE TERMS OF THIS AGREEMENT. BOTH PARTIES HEREBY WAIVE ALL RIGHTS OF RECOVERY OF ANY DAMAGES, WHETHER ACTUAL OR SPECIAL, PUNITIVE OR CONSEQUENTIAL, THAT MAY INCUR OVER AND ABOVE SAID AMOUNTS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, LOST DATA, USE, PROFITS, INCOME, SAVINGS, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SITE OR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR ACCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL PARTIES; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Modification of this Agreement
You agree that Mobipop, Inc. may modify this Agreement from time to time. You agree to be bound by any changes that Mobipop, Inc. may reasonably make to this Agreement.
The following sections shall survive the termination of this Agreement: 6 (Representations and Warranties, Limitation on Liability), 8 (Term: Termination), 10 (Severability), 11 (Notice) and 13 (General).
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall not be affected, impaired or invalidated in any way. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
Any notice, request or demand that is required or permitted under the terms of this Agreement shall be in writing and shall be sent by reputable air courier, mail or telefacsimile, all postage and other charges prepaid, as the case may be, addressed to Mobipop, Inc. as follows to Mobipop, Inc., 2921 Via Napoli, Deerfield Beach, FL 33442.
Such notice, request or demand shall be deemed to have been given or made: (i) on the next business day if sent by telefacsimile (with machine confirmation ), (ii) upon receipt if sent by courier, or (iii) upon receipt if sent mail.
12. Force Majeure
Mobipop, Inc. will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Mobipop, Inc. liable for any of the consequences of such interruptions.
13a. Governing Law; Arbitration
This Agreement shall be construed and controlled by the laws of the State of Florida. The Parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. If the Parties are unable to resolve the dispute by negotiation, You agree that any and all disputes or claims against Mobipop, Inc. will be handled by an arbitrator of our hiring and decisions rendered by such arbitrator will be final and binding. In the arbitrator rules in our favor, You will be responsible for any and all costs related to or associated with such arbitration.
13b. Binding Effect
Subject to the limitations set forth herein, this Agreement will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.