Helping You Sail The Mobile Seas

 
       
 

Terms & Conditions Of Use

Effective August 1, 2011

Mobile Captain ("MC") welcomes You ("You") to our website. You will find below the Terms and Conditions that you must accept before (and while) you use the mobile Service.

1. Acceptance of Terms
MC provides the Service to You, subject to the following terms and conditions ("Terms"), which may be updated by MC from time to time without notice to You. The most current version of the Terms may be found at http://www.mobilecaptain.com/details/terms-and-conditions.

2. Description of Services
MC provides the Service of providing mobile content and information via mobile and portable devices. MC will host the Service and may update the content, functionality and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms.

3. Your Rights to Use the Service
You acknowledge and agree that the Service contains proprietary and confidential information that is MC property. Subject to the Terms, MC grants to You a non-exclusive, non-transferable and terminable license to use the Service. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that MC provides to You. MC does not guarantee the accuracy, integrity or usefulness of the Content available via the Service.

You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials ("Content") that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, "Your Content") is Your responsibility and not MC's responsibility. MC does not control Your Content nor does MC have any obligation to review, refuse or remove any Content available via the Service; however, MC reserves the right to remove any Content available via the Service at any time. Circumstances under which MC may remove Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Service, notification of possible infringement of another's rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, MC does not guarantee the accuracy, integrity or the usefulness of Your Content.

You understand MC may temporarily disable your account if You use more than allowed GB/transfer month. You understand if You downgrade features relating to Your account, You may lose portions of Your Content and agree that MC will have no liability to You of any kind or nature arising out of or related to loss of Your Content.

4. Privacy Policy
As a condition to using the Service, You agree to the terms of the MC privacy policy ("Privacy Policy"). Information collected about You by the Service is subject to MC's Privacy Policy, which may be updated from time to time without notice to You and is hereby incorporated by reference. The most current version of the Privacy Policy may be found at http://www.mobilecaptain.com/details/privacy.

5. Content and Obligations
You understand and agree that MC reserves the right to modify, suspend or discontinue any part or all of the Service at any time without notice to you and that MC will not be liable to You or to any third party for doing so. Additionally, You understand and agree that MC may, without notice to You, access, preserve and disclose Your Content if required to do so by law, or if, in MC's reasonable judgment, such is reasonably necessary to: (a) comply with Your requests for assistance with the Service; (b) comply with legal process; or (c) address claims from third parties that your Content violates their rights.

You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if you provide information that is intentionally inaccurate, not current or incomplete in a material way, or MC has reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, MC has the right to suspend or terminate Your use of the Service or any portion thereof.

You understand and agree that you will provide to MC, and MC will provide to you, certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information. MC agrees to protect your confidential information in the same manner that MC protects the confidentiality of similar information and data of our own, and at all times MC will exercise no less than a reasonable degree of care.

6. Payments and Renewals
All payments due are in U.S. dollars unless otherwise indicated. MC accepts credit cards and PayPal as payment sources. All payments are final and non-refundable, except by MC's sole discretion. If Your use of the Service is terminated for any reason, whether by You or by MC, You will lose and forfeit any time remaining on Your account with MC. You must select from the following types of subscriptions for the Service: (i) Yearly; or (ii) Monthly. All types of the Service are defaulted to renew automatically. Accordingly, as of the anniversary date of Your subscription, Your account is provided with the option to cancel future automatic renewals.

7. Access and Security
You are responsible for: (a) the security of the Service MC provides to You, including, but not limited to, Your access, and You are responsible for all activities that occur under the Service; (b) any act or omission by You relating to access to and use of the Service; and (c) implementing security and other policies and procedures necessary to limit access to the Service, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by MC or created as part of the Service. You agree to immediately notify MC of any attempted or actual unauthorized access or use of the Service and/or any other breaches of security. You acknowledge and agree that MC will not be liable, directly or indirectly, for any acts or omissions by You, including damages of any kind incurred as a result of such acts or omissions.

You understand that the technical processing and transmission of Your electronic communications are fundamentally necessary to Your use of the Service. You expressly consent to MC's interception and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by MC. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. You agree that MC is not responsible for any electronic communication and/or Your data that are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by MC.

8. Service Termination
You may cancel your use of the Service at any time by following the instructions located at http://www.mobilecaptain.com/faq/cancel. You are solely responsible for canceling Your account before the next invoice period. You understand and agree that MC may immediately terminate Your right to use the Service without notice to you under certain circumstances, including, but not limited to:

  • Breaches of the Terms and Conditions;
  • Requests by law enforcement, government agencies or court order;
  • Security and technical issues or problems;
  • Non-payment of any fees owed by You; or
  • Extended periods of inactivity.

 

If MC terminates Your right to use the Service, you understand and agree that MC may delete all of Your Content (and any Content associated with You) and that MC will not be liable to You or any third party, for any termination of Your right to use the Service or for the deletion of Your Content.

Upon termination, MC will have no further obligation to grant You any access to or use of the Service.

9. Links and Dealings with Outside Parties
MC has no control over any links or other resources available to You via the Service, and Your interaction with any third parties via the Service are solely between you and such parties. MC is not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products or other materials on or available from such sites or resources. You agree that MC will not be liable, directly or indirectly, for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.

10. Your Indemnification of MC
You will indemnify, defend and hold harmless MC from and against all liabilities, damages and costs (including, but not limited to, reasonable attorneys' fees and all settlement costs) arising out of, or related to, a third-party claim regarding: (a) Your Content; (b) Your infringement or misappropriation of any patent, copyright, trade secret or trademark of any third party; or (c) Your use of the Service in violation of the Terms.

11. Representations and Warranties
You represent and warrant that:

  • ALL of the information You provide to MC is correct;
  • You have all necessary right, power and authority to enter into this agreement and to perform the acts required of you under this agreement;
  • You own or otherwise have the right to use, post and disclose Your Content on the Service and that the use of such Content will not infringe or violate any of the rights of any third party pursuant to applicable laws (and hereby grant to MC the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed);
  • You will not harass or causes distress or inconvenience to any person via the transmission of obscene or offensive content;
  • You will not disrupt the normal flow of any access to, or use of, the Service;
  • You agree to comply with all local rules regarding online conduct and acceptable Content; and
  • You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; MC MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE TIMELY, SECURE OR ERROR-FREE OR OPERATE IN AN UNINTERRUPTED FASHION; (iii) ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS WILL BE CORRECTED; AND
ANY MATERIALS OBTAINED VIA THE SERVICE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICE.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MC (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. MC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF, OR RELATED TO, THE SERVICE, EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 11 AND 12 ABOVE MAY NOT APPLY TO YOU.

15. GENERAL INFORMATION
This constitutes the entire agreement between MC and You and governs Your use of the Service and supersedes any prior agreements between MC and You with respect to the Service.

Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.

The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Pennsylvania, without effect to its conflict of laws provisions. Any claims or legal proceeding arising out of, or related to, the Service will be brought solely in the state and federal courts located in Allentown, Pennsylvania, and you hereby consent to the jurisdiction of such courts.

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of the right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.