PLEASE READ THIS Terms and Conditions Agreement ("Agreement"). This Agreement is between you and Mobbles Corp. ("Mobbles" "we" or "our"; each individually, a "Party"; collectively, the "Parties"). It governs your use of both www.Mobbles.com ("Website") and the Mobbles application ("App"; collectively, the "Services"). Mobbles reserves the right, in its sole discretion and without notice, to modify or terminate this Agreement. BY USING THE SERVICES YOU ACCEPT THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY FOLLOWING:
You represent that you are at least 18 years old, and possess both the mental capacity and legal ability to enter into this Agreement. If you are under 18, you may only use the Services if your parent or guardian agrees to ensure that you will comply with this Agreement.
Mobbles grants you a personal, non-exclusive, non-transferable, limited license to use the Services. You will not access or copy the source code.
The Services are owned by Mobbles. You have no interest in the Services.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you do not comply with all of its terms. With the exception of the license Mobbles grants you to use the Services, all terms of this Agreement survive its termination. Upon termination you should stop using the Services.
We prohibit conduct that, in our sole discretion, interferes with the enjoyment of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU ACCEPT THE SERVICES "AS IS." MOBBLES DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOBBLES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WE RESERVE THE RIGHT TO CHANGE OR UPDATE THE SERVICES WITHOUT NOTICE TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBBLES WILL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THEORY OF LIABILITY (IN CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THIS POSSIBILITY. IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OF LIABILITY IN THE PREVIOUS SENTENCE, MOBBLES' LIABILITY WILL BE LIMITED TO LESSER OF $50 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
IN-APP-PURCHASES ARE NOT EXCHANGEABLE OR REFUNDABLE.
You will indemnify and hold Mobbles, its employees, contractors, representatives, licensors and service providers, harmless from any claim, damage or expense, related to your failure to abide by the terms of this Agreement.
Mobbles' remedies at law for any violation of the restrictions in this Agreement are inadequate and Mobbles is entitled to injunctive relief in any proceeding brought to enforce this Agreement, without proof of actual damage and without a bond.
If applicable law allows you to pursue a claim against Mobbles, you will not participate in a joint claim. This Agreement is subject to California law, without regard to any conflict of law principles.
Any dispute or claim relating to this Agreement will be settled at the request of either Party, by final and binding arbitration ("Arbitration") administered by JAMS, Inc. ("JAMS"). The Arbitration will be conducted in Los Angeles County, California. You and Mobbles waive all claims related to personal jurisdiction and venue. If the Parties cannot mutually agree on an Arbitrator, JAMS will appoint the Arbitrator. The Arbitration will be administered by and in accordance with the then-existing rules of practice and procedure of the JAMS Optional Expedited Arbitration Procedures ("OEAP"). OEAP are accessible from the JAMS web site, www.jamsadr.com.
Consistent with Cal. Civil Code Section 1789.3:
a. Mobbles Corp is located at 780 Valencia Street, San Francisco, 94110;
b. App-related costs vary depending on the services you desire and select; and
c. We're available by email (privacy [at] Mobbles [dot] com) to provide further information or discuss complaints. You also have the option of filing complaints with the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R. Street, Sacramento, CA 95814 or by calling (800) 952-5210.
This Agreement is the entire agreement between you and Mobbles regarding the Services. Waiver of any provision of this Agreement applies only to that instance. This Agreement must be fairly interpreted according to its terms and without favoring either Party. If any portion of this Agreement is held unenforceable, that portion will be construed according to applicable law to reflect the original intentions of the Parties. The remainder of the Agreement remains in effect.