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MOBILE UNIVERSE CORPORATION
Terms & Conditions of Use
1. Introduction. This document sets forth
the terms and conditions ("Terms and Conditions")
governing Your use of the Mobile Universe Corporation ("Mobile
Universe") web site ("Web Site") and the information
and services made available on and through the Web Site. Please
read this page carefully. The Terms and Conditions, when agreed
to by You, will form a binding Agreement between You and Mobile
Universe.
2. Acceptance of Terms and Conditions of Use. Your
use of the Web Site indicates Your acceptance of these Terms
and Conditions. If You do not accept these Terms and Conditions,
You may not use the Web Site. From time to time, these Terms
and Conditions may be revised by updating this document and
posting it on the Web Site. It is Your obligation to review
these Terms and Conditions from time to time. Your continued
use of the Web Site will constitute Your agreement to the
most current version of these Terms and Conditions. If at
any time You do not agree to these Terms and Conditions, You
must cease Your use of this Web Site.
3. Termination of Access. The use of this Web Site
and its services is a privilege. Mobile Universe reserves
the right to suspend Your use of this Web Site for any reason
at any time, in its sole discretion. Questions concerning
the use of the Web Site and its services should be directed
to Mobile Universe.
4. Definitions. For the purposes of this Agreement,
the following definitions apply:
"Content" includes all Text,
Graphics, Design and Programming used on the Web Site.
"Text" includes all text on every page of the
Web Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other
graphical elements on the Web Site, with the exception of
paid advertising banners.
"Design" includes the color combinations and the
page layout of the Web Site.
"Programming" includes both client-side code (including
but not limited to HTML, JavaScript, etc.) and server-side
code (including but not limited to Active Server Pages,
VBScript, databases, etc.) used on the Web Site.
"User" refers to any individual who uses any aspect
of the Web Site or its services.
"You" refers to the person accessing the Web Site
and agreeing to these Terms and Conditions.
"Services" refers to the services offered by Mobile
Universe, including, but not limited to, Wireless Internet
Connections, Wireless Personal Use Solutions, Mobile Universe
Business Solutions, Mobile Universe Satellite Solutions,
and any other services offered to any User on the Web Site.
5. Intellectual Property Rights. All
Content on the Web Site is the sole property of Mobile Universe
and is protected by U.S. copyright and international treaties.
Nothing contained herein shall be construed as conferring
any license or right to any patents, copyright or trademark
embodies in the Web Site. Mobile Universe authorizes You to
view and download a single copy of the Content on the Web
Site solely for Your personal, noncommercial use. You may
not reproduce, modify, display, sell, or distribute the Content,
or use it in any other way for public or commercial purpose.
The foregoing limitations include, but are not limited to,
copying or adapting the HTML code used to generate Web pages
on the Web Site, as well as any Graphics.
The look and feel of the Web Site
(including color combinations, button shapes, layout, design
and all other graphical elements) are also protected by U.S.
copyright law. All product names, names of services, trademarks
and service marks ("Marks") are the property of
Mobile Universe or the property of their respective owners,
as indicated. You may not use the Marks for any purpose whatsoever
other than as permitted by these Terms and Conditions.
6. Acceptable Use of the Web Site. The Web Site and
its services are intended to provide You with information
on the Services, to assist you with your wireless solutions,
and to provide access to the Services. The Web Site may be
used in a manner consistent with this purpose, and only within
the context of the Services and information set forth on the
Web Site. The information displayed on the Web Site may not
be used for any purpose except in connection with Your direct
use of the Web Site as permitted by these Terms and Conditions,
and may not be excerpted, summarized, duplicated or otherwise
removed from the Web Site. You also represent, warrant and
agree that You will not use (or plan, encourage or help others
to use) the Web Site for any purpose or in any manner that
is prohibited by these Terms and Conditions or by applicable
law. In addition, spam, chain emails, advertising solicitations
and similar email solicitations are expressly prohibited.
7. Quality of Information Submitted. Upon placing an
order with Mobile Universe for any Services, You may be asked
to submit certain personal information. For any such information
You submit, You hereby represent as follows:
a. All information You submit is for Your personal use only
in connection with Your use of this Web Site.
b. By submitting information to the Web Site, You represent
and warrant that: (i) all information submitted is either
owned by You or rights have been granted to You permitting
You to disseminate the information as set forth in these Terms
and Conditions; (ii) the information submitted by You is true
and accurate; and (iii) the information submitted by You does
not infringe on the intellectual property rights of others,
including but not limited to, copyright, trademark, patent,
or trade secret rights.
8. Security Rules. To ensure the security of the Web
Site and of Users, the following security rules govern Your
use:
a. Protect Your password. In the event You are provided a
password, You are responsible for maintaining the confidentiality
of Your information and password, and You are responsible
for all uses of Your registration, whether or not authorized
by You. In the event You lose Your password or become aware
of misuse or unauthorized use of Your password, it is Your
obligation to notify Mobile Universe. Mobile Universe shall
have no responsibility for loss or misused passwords or for
unauthorized access occasioned by the foregoing.
b. Prohibited Uses:
i. accessing data not intended for You or logging into a server
or account which the You are not authorized to access;
ii. attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures or otherwise "hack" into the Web Site without
proper authorization;
iii. attempting to interfere with service to any User, host
or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding",
"mailbombing" or "crashing";
iv. sending unsolicited e-mail, including promotions and/or
advertising of products or services;
v. forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting;
vi. sending or submitting information to Mobile Universe which
contains URLs or links to any other Internet Web sites;
vii. sending or submitting information to Mobile Universe
which contains copyrighted material (unless You own the copyright
or have the owner's permission to post the copyrighted material);
viii. sending or submitting to Mobile Universe trade secrets
(unless You own the trade secrets or have the owner's permission
to post them);
ix. sending or submitting information to Mobile Universe which
You know to be untrue, false or misleading, or which does
not fairly or accurately depict or describe the subject matter
which is the subject of the information posted by You;
x. sending or submitting anything to Mobile Universe which
contains viruses, bots, Trojan horses or other programs or
information which disrupts or interferes with the operation
of the Web Site; or
xi. sending or submitting to Mobile Universe any chain letters
or pyramid schemes.
Violation of these Security Rules may result in civil or criminal
liability in addition to the termination of Your access rights.
Mobile Universe will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such
violations.
9. Privacy. It is the intention of Mobile Universe
to maintain the privacy of its Users. Mobile Universe's full
privacy statement can be found at http://www.mobileuniversepr.com/en/about/security.shtml,
and should be viewed by Users.
10. Termination of Access to Web Site. Users who violate
these Terms and Conditions may be denied access to the Web
Site at the sole discretion of Mobile Universe
11. Disclaimer of Warranties and Limitations of Liability.
Your agreement to the following disclaimers and limitations
are a material inducement to Mobile Universe to permit You
to access the Web Site. Your use of the Web Site, purchase
of any Services through the Web Site and the obligations and
liabilities of Mobile Universe in respect of Your use of the
Web Site, is expressly limited as follows:
a. Conduct of Users. Mobile Universe assumes no responsibility
for the activities or conduct of Users.
b. Information. While Mobile Universe endeavors to provide
the most accurate, up-to-date information available on the
Web Site, the information, materials, products, and Services
available on the Web Site may include inaccuracies, typographical
errors, or outdated information. Moreover, Mobile Universe
may make modifications or changes to the Web Site or the information,
materials, and Services described in this Web Site at any
time, for any reason. Mobile Universe is not responsible for,
and need not honor, typographical errors on this Web Site.
c. Information and Orders. While Mobile Universe endeavors
to provide the most accurate, up-to-date information available
on the Web Site, the information, materials and Services available
on the Web Site may include inaccuracies, typographical errors,
or outdated information. Moreover, Mobile Universe may make
modifications or changes to the Web Site or the information,
materials and Services described in this Web Site at any time,
for any reason. Mobile Universe is not responsible for, and
need not honor, typographical or pricing errors on this Web
Site. Mobile Universe reserves the right to refuse or cancel
orders at any time, including, but not limited to, orders
that contain incorrect prices or Service descriptions, orders
in which Mobile Universe believes the User has violated applicable
law, and orders that Mobile Universe believes are harmful
to Mobile Universe or its affiliates. Mobile Universe reserves
the right to limit the number of items or Services purchased
or orders placed though this Web Site.
d. Third Party Information. The Web Site may display the content,
services, products or hyperlinks of other companies or persons.
Notwithstanding the presentation of any third party information
on the Web Site, no such presentation shall be considered
an endorsement, representation or warranty, either express
or implied, by Mobile Universe on behalf of or any third party.
Mobile Universe shall have no liability or responsibility
whatsoever for the content, subject matter or substance of
any information accessed or obtained from third party Web
sites accessed from the Web Site. Access to third party Web
sites from the Web Site is done at Your own risk.
e. Terms for Services. Terms of use for any Services are controlled
by and set forth in separate agreements applicable to the
sale and purchase of such Services. Nothing in this Web Site
shall be deemed or considered to be a representation or warranty
concerning the Services. All warranties pertaining to the
Services are offered and supplied by the providers thereof.
Unless explicitly set forth in this Web Site, no warranties
whatsoever are provided by Mobile Universe.
f. DISCLAIMER OF WARRANTIES. THE WEB SITE AND THE SERVICES
PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND WITHOUT
ANY WARRANTY WHATSOEVER. MOBILE UNIVERSE DISCLAIMS ANY AND
ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
MOBILE UNIVERSE MAKES NO REPRESENTATION OR WARRANTY THAT THE
INFORMATION CONTAINED ON THIS WEB SITE WILL BE CURRENT, TIMELY,
COMPLETE, ACCURATE OR ERROR FREE. THE WEB SITE HAS NOT REVIEWED
ALL THE OTHER WEB SITES WHICH MAY BE LINKED TO THIS WEB SITE
AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THESE SITES.
YOUR LINKS TO SUCH SITES IS AT YOUR OWN RISK.
g. LIMITATION OF LIABILITY. IN NO EVENT SHALL MOBILE UNIVERSE
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR
BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS
TO, OR THE INABILITY TO USE OR ACCESS, THE WEB SITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT MOBILE UNIVERSE IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH
MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE
PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE
FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF MOBILE UNIVERSE
TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.
h. Indemnification. You agree to indemnify, defend and hold
harmless Mobile Universe from and against any and all liability,
claims, causes of actions, damages, costs and expenses, including
but not limited to, attorneys' fees and costs of suit, arising
out of Your breach of these Terms and Conditions.
12. General. These Terms and Conditions are governed
by the internal substantive laws of the State of Virginia,
without respect to its conflict of laws principles. Jurisdiction
for any claims arising under these Terms and Conditions shall
lie exclusively with the state and federal courts within the
State of Virginia. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. The failure of
Mobile Universe to enforce any term or condition of these
Terms and Conditions shall not be deemed a waiver thereof
and shall not prevent its later enforcement.
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