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Terms & Conditions

TERMS OF SERVICE AND CONDITIONS OF USE

FIRST EFFECTIVE ON:    JANUARY 01, 2014
LATEST REVISION DATE:    JANUARY 01, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to the mobilecustomerconnect.com (the “Site”), owned and operated by MOBILE Customer Connect (MCC) Inc. a corporation existing under the laws of the province of Ontario, Canada, and having its principal place of business at 2600 Skymark Avenue, Unit 5-104, Mississauga, Ontario Canada L4W 5B2, (“Mobile Customer Connect”). Your (the “User”, “Visitor”) use of our website located a www.mobilecustomerconnect.com and all content, services, and products available at or through the Website (referred to collectively as the “Services”) is governed by and subject to the terms of this “TERMS OF SERVICE & CONDITIONS OF USE” (hereinafter referred to as the “Terms of Use” “User Agreement” or this “Agreement”). By accessing this Site, by registering an account, or by making a purchase or submitting an order, the User consents to have this Agreement provided to the User in electronic form.

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Site for any reason; and where applicable, the company or other entity with which the User is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that the User is acting on its behalf. Furthermore, The User represents that her or she is 18 years old or older and, where applicable, authorized by his or her company or other entity to enter into this Agreement. If you are engaging in our Services on behalf of a company, you represent and warrant that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company (in addition, the term “User” shall be interpreted to mean your company including all of its employees). If you are entering into this Agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term “User” refers to you.

 

THE USERS ACCEPTANCE OF THIS AGREEMENT

THIS “AGREEMENT” REFERS, COLLECTIVELY, TO ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN AND ALL OTHER OPERATING RULES, POLICIES (INCLUDING, WITHOUT LIMITATION, MOBILE CUSTOMER CONNECTIONS’ PRIVACY POLICY – MADE AVAILABLE AT PRIVACY POLICY – AND ALL OTHER RELATED POLICES; THE TERMS AND CONDITIONS OF EACH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT) AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE BY MOBILE CUSTOMER CONNECT, GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE, MOBILECUSTOMERCONNECT.COM, (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE THE USER AFFIRMATIVELY, EXPRESSLY, OR IMPLICITLY REPRESENTS AND WARRANTS TO THE MOBILE CUSTOMER CONNECT THAT THE USER HAS CAREFULLY REVIEWED THIS AGREEMENT; AND THAT THE USER AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS; AND THE USER AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU, ‘THE USER’, DO NOT AGREE, PLEASE DO NOT USE THE SITE. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE SITE SUSPENDED OR TERMINATED, AT MOBILE CUSTOMER CONNECTIONS’ DISCRETION.

 

ARTICLE I:    ACCEPTANCE OF TERMS & THE PROVISION OF SERVICES

 

    1. ACCEPTANCE OF TERMS & PROVISION OF SERVICES.

      The User hereby understands, acknowledges, accepts, consents and agrees as follows: (a) This Agreement, incorporates by reference all other terms and conditions applicable to the User’s use of the Site set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the User with Mobile Customer Connect; (b) This Site and its contents are for User’s personal non-commercial use only; and (c) The User’s right to use the Site is personal to the User and is not transferable to any other person or entity.

 

    1. DESCRIPTION OF SERVICES.

      Through its Web property, Mobile Customer Connect provides User with access to a variety of resources, including download areas, and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

 

    1. CHANGES TO THE TERMS OF THIS AGREEMENT OR OTHER POLICIES.

      Mobile Customer Connect shall have the right at any time to change or modify the terms and conditions applicable to User’s use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this Site by User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions. The User is responsible for checking these terms periodically for any changes. The most current version of this Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the web pages of the Site.

 

    1. CHANGES TO THE SERVICES.

      Mobile Customer Connect is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the User. Mobile Customer Connect is entitled to provide services to the User through subsidiaries or affiliated entities. Mobile Customer Connect reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and the User confirms that Mobile Customer Connect shall not be liable to the User for any such change, remove or discontinuance.

 

    1. USER REGISTRATION

      The User must register on this Site in order to use certain of the Site functions. If the User just wants to browse this Site, registration is optional. During registration, the User will be required to provide contact information, consisting of an username and password.  If the User does use the User’s own name, the User consents to it being passed to others by use of certain of the functions of Mobile Customer Connect and the Site such as our blogs. Mobile Customer Connect reserves the right to reject or remove any username. For certain of our functions, such as the purchase of products and services, the User is required to provide the User’s name, address and billing and credit card information. The User is required to provide accurate and complete information.

 

    1. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

      If any of the services requires the User to open an account, the User must complete the registration process by providing Mobile Customer Connect with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a ‘password’ and a ‘user name.’ Furthermore, the User acknowledges and agrees that: (a) The User is responsible for any and all activities that occur under the User’s account and for ensuring that all such use complies fully with the provisions of this Agreement; (b) The User is responsible for protecting the confidentiality of the User’s password and account information; (c) The User must notify Mobile Customer Connect immediately of any unauthorized use of the User’s account or any other breach of security; (d) Mobile Customer Connect is not liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge, and may be held personally liable for any losses incurred by  Mobile Customer Connect; and (e) The User may not use anyone else’s account at any time, without the permission of the account holder.

 

    1. AGE OF USERS.

      1. Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide  Mobile Customer Connect with personal information, we will use our best efforts to remove the information permanently from our files. If the User is under the age of 18 but at least 13 years of age, the User may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
      2. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

 

    1. UNAUTHORIZED ACCESS & ACTIVITY.

      Unauthorized access and attempts to defeat or circumvent security features, to use the Site for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

 

    1. USER CONDUCT: PROPER USE OF MOBILECUSTOMERCONNECT.COM.

      1. User shall use this Site for lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without  Mobile Customer Connect’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that in  Mobile Customer Connect’s discretion restricts or inhibits any other User from using or enjoying this Site will not be permitted. User shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Mobile Customer Connect.
      2. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are copyrighted as a collective work under the copyright laws of Canada.  Mobile Customer Connect owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of  Mobile Customer Connect and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
      3. User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site User automatically grants, or warrants that the owner of such material has expressly granted  Mobile Customer Connect 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 other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Mobile Customer Connect the right to edit, copy, publish and distribute any material made available on this Site by User.
      4. The foregoing provisions are for the benefit of  Mobile Customer Connect, its subsidiaries, affiliates and its third party content providers and licencors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

 

    1. LINKS TO THIRD PARTY SITES AND ADVERTISERS.

      Mobile Customer Connect may include on its Site links to third party web sites. The User agrees that we are not responsible or liable for any content or other materials on third party sites. The User also agrees that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between the User and any third party or any advertiser. The User agrees that  Mobile Customer Connect is not responsible for any claim or loss due to a third party site or any advertiser.

 

ARTICLE II:    DMCA COPYRIGHT POLICY (& OTHER PROPRIETARY NOTICES)

 

    1. NOTIFICATIONS: COPYRIGHTS & OTHER PROPRIETARY INFORMATION.

      Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of  Mobile Customer Connect  and is protected under the International treaties and copyright laws of the United States. The software on the Site may be used as a resource while accessing this Site, and their Content, but may not be used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of  Mobile Customer Connect or its respective owner.

 

    1. NOTIFICATIONS: TRADEMARKS.

      The Site URL, www.mobilecustomerconnect.com and its logos are the trademark of Mobile Customer Connect, and any use of the Mobile Customer Connect trademark in connection with any product or service that do not belong to Mobile Customer Connect, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of Mobile Customer Connect and actionable under the U.S. Trademark Laws, International Trademark Laws, and the Trademark or equivalent laws of other countries. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Mobile Customer Connect or any third party. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

    1. AUTHORIZED USES & RESTRICTIONS: COPYRIGHTS & OTHER PROPRIETARY RIGHTS.

      1. The User hereby acknowledges and agrees that: (a) The information, data, and any materials (the ‘Content’) available on the Site and affiliate websites (‘Affiliates’) are the copyrighted works and exclusive property of Mobile Customer Connect and Affiliates, respectively; (b) The Content may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties; (c) The Content available on the Site and Affiliates may not be sold, reproduced, or distributed without the written permission of their respective owners; (d) Any unauthorized use of the Content may violate copyright, trademark and other laws; (e) Any third-party trademarks, service marks and logos are the property of their respective owners; and (f) Any further rights not specifically granted herein are reserved.
      2. AND IN ADDITION Mobile Customer Connect hereby authorizes the User: (a) To view and make a single copy of portions of its Content for offline, personal, non-commercial use; and (b) To use such Content within the User’s organization covered by any current products or service agreements between the User or User’s organization and Mobile Customer Connect.
      3. AND FURTHERMORE, the User hereby acknowledges and agrees that: (a) The Content cannot be modified or revised any in any manner; (b) Authorized copies of the Content must retain all copyright and other proprietary notices contained in the original Content; (c) No other use of the Content is authorized; and (d) Any violation of the foregoing may result in civil and/or criminal liabilities.

 

    1. DISCLAIMERS: HYPERLINKS AND EXTERNAL CONTENT.

      The User acknowledges and agrees that: (a) This Site, the Content, contain links to other Internet sites that are owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by Mobile Customer Connect; (c) Mobile Customer Connect is not responsible for such products, services, and information; and (d) Mobile Customer Connect makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

 

    1. UNSOLICITED IDEA SUBMISSION POLICY.

      Mobile Customer Connect or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of this Site might seem similar to ideas submitted. So, please do not send your unsolicited ideas to Mobile Customer Connect. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Mobile Customer Connect makes no assurances that your ideas and materials will be treated as confidential or proprietary.

 

    1. SUBMISSION OF COMMENTS & FEEDBACK: ASSIGNMENT OF RIGHTS.

      The User acknowledges and agrees that: (a) All comments, feedback, information or materials submitted to this Site through or in association with this Mobile Customer Connect shall be considered non-confidential and the property of Mobile Customer Connect; (b) By submitting such comments, information, feedback, or materials to this Site or Mobile Customer Connect, the User agree to a royalty free, irrevocable assignment to Mobile Customer Connect of worldwide rights to use, copy, modify, publish, display and distribute the submissions worldwide; (c) This Site may use such comments, information or materials in any way it chooses in an unrestricted basis; and (d) The User confirms and warrants that the User has the required authority to grant the above license to Mobile Customer Connect.

 

    1. COPYRIGHT INFRINGEMENT: REPEAT INFRINGERS.

      1. We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights.
      2. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

 

    1. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT.

      1. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site; (d) Your address, telephone number, and email address; (e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (f) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      2. This Site’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
        By Mail to: MOBILE Customer Connect (MCC) Inc. 
        2600 Skymark Ave, Unit 5-104, 
        Mississauga, Ontario, 
        Canada, L4W 5B2
        By phone: (416) 855-3152 (hours: 9am to 5pm, Monday – Friday)
        By email: info@mobilecustomerconnect.com

         

 

ARTICLE III:    WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

 

    1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: OUR PROVISION OF SERVICE.

      1. DISCLAIMER OF WARRANTIES – THE USER EXPRESSLY AGREES THAT USE OF MOBILE CUSTOMER CONNECT IS AT THE USER’S SOLE RISK. NEITHER MOBILE CUSTOMER CONNECT NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MOBILE CUSTOMER CONNECT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOBILE CUSTOMER CONNECT, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MOBILE CUSTOMER CONNECT.
      2. MOBILECUSTOMERCONNECT.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
      3. LIMITATION OF LIABILITY – THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MOBILE CUSTOMER CONNECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
      4. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND MOBILE CUSTOMER CONNECT, AND/OR AFFILIATES. MOBILE CUSTOMER CONNECT WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
      5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MOBILE CUSTOMER CONNECT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MOBILECUSTOMERCONNECT.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
      6. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MOBILE CUSTOMER CONNECT IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

    1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE CONTENT.

      1. Mobile Customer Connect has attempted to provide accurate Content but assumes no responsibility for the accuracy and completeness of that information or materials. In furtherance of the intent to provide accurate Content, Mobile Customer Connect may make changes to the Content at any time without notice. However, by the declaration of this intent Mobile Customer Connect does not make any specific commitment to update the Content, and as a result may be out of date.
      2. DISCLAIMER OF WARRANTIES – THE USER UNDERSTANDS AND AGREES THAT THE USE BY THE USER OF MOBILE CUSTOMER CONNECT IS ENTIRELY AT THE USER’S OWN RISK. SPECIFICALLY STATED, THE INFORMATION OBTAINED FROM OR THROUGH MOBILE CUSTOMER CONNECT, THE CONTENT, AND AFFILIATES IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). TAKE NOTICE THAT THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
      3. LIMITATION OF LIABILITY – THE USER UNDERSTANDS AND AGREES THAT MOBILE CUSTOMER CONNECT IS NOT LIABLE FOR ANY DAMAGES INCURRED BY THE USER OR BY ANY THIRD PARTY RESULTING FROM THE USE OF INACCURATE INFORMATION CONTAINING ERRORS, PROBLEMS OR OTHER LIMITATIONS; AND SUCH USE WAS BY THE USER OR BY SUCH THIRD PARTY OBTAINING ACCESS TO SAID USE THROUGH THE USER, WITH OR WITHOUT THE KNOWLEDGE OF OR THE CONSENT GIVEN BY THE USER AND WITH OR WITHOUT THE KNOWLEDGE OF OR THE AUTHORIZATION GIVEN BY MOBILE CUSTOMER CONNECT, OR THE USE WAS BY ANOTHER USER, GIVEN AUTHORIZED ACCESS BY MOBILE CUSTOMER CONNECT OR OBTAINED UNAUTHORIZED ACCESS WITH OR WITHOUT THE KNOWLEDGE OF THE USER OR MOBILE CUSTOMER CONNECT; AND NEITHER THE USER NOR THE THIRD PARTY OBTAIN ANY RIGHTS, FOR ANY CLAIMS OR ANY REMEDIES, AND FOR ANY AMOUNT OR TO ANY EXTENT AGAINST MOBILE CUSTOMER CONNECT.
      4. MOBILE CUSTOMER CONNECT ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). IRREGARDLESS WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
      5. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND MOBILE CUSTOMER CONNECT, AND/OR AFFILIATES. MOBILE CUSTOMER CONNECT WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
      6. FURTHERMORE, IN NO EVENT SHALL MOBILE CUSTOMER CONNECT, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF MOBILE CUSTOMER CONNECT, THE CONTENT, AFFILIATES, OR ANY LINKED THIRD-PARTY WEBSITE, OR THE MATERIALS, INFORMATION, OR SOFTWARE CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE, BY THE USER, OF MOBILE CUSTOMER CONNECT, THE CONTENT, AFFILIATES, THE MATERIALS, INFORMATION, OR SOFTWARE ON ANY SUCH WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ALL COSTS THEREOF. FURTHERMORE, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHINMOBILE CUSTOMER CONNECT, THE CONTENT, OR AFFILIATES ARE DISCLAIMED.
      7. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MOBILE CUSTOMER CONNECT IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

 

ARTICLE IV:    GENERAL PROVISIONS

 

    1. HEADINGS.

      Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.

 

    1. WAIVER.

      The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

    1. ELECTRONIC DELIVERY STATEMENT AND THE USER’S CONSENT.

      The User agrees that we may provide to the User notices and other information concerning Mobile Customer Connect or this Site electronically, including notice to any email address that the User may provide.

 

    1. FORCE MAJEURE.

      Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of FIFTEEN (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

 

    1. TERMINATION OF USE.

      Mobile Customer Connect may, in its sole discretion, terminate or suspend the User’s access to all or part of the Site, for breach of the terms of this Agreement, or any conduct by the User which Mobile Customer Connect , in its sole discretion, considers to be unacceptable. The terms of this Agreement will continue to apply in perpetuity until terminated by either the User or Mobile Customer Connect  without notice at any time for any reason. In the event this Agreement is terminated, the restrictions regarding the materials appearing on the Site, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

    2. INTERNATIONAL USE.

      We make no representation that content on this Site is appropriate or available for use in locations outside the country of Canada. If the User chooses to access this Site from a location outside the country of Canada, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.

 

    1. INDEMNIFICATION.

      User agrees to defend, indemnify and hold harmless Mobile Customer Connect , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Mobile Customer Connect  by User or User’s Account.

 

    1. BINDING ARBITRATION.

      Any disagreement or dispute among the parties hereto involving or resulting from their practice of law together shall be resolved only by final and binding arbitration.

 

    1. NON-EXCLUSIVITY.

      Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.

 

    1. CHANGES TO THE TERMS.

      Mobile Customer Connect  reserves the right to modify these terms from time to time at its sole discretion and without any notice. Changes to these terms become effective on the date they are posted, and the User’s continued use of the Site after such changes will signify and imply that the User agreed to be bound by them.

 

    1. CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.

      1. The User agrees that the laws of the Province of Ontario, Canada, govern these Terms of Use, its subject matter, your use of the Site, and any claim or dispute that the User may have against Mobile Customer Connect , without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
      2. The User further agrees that any disputes or claims that the User may have against Mobile Customer Connect  will be resolved by a court located in the Province of Ontario, Canada, and the User agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
      3. BY AGREEING TO THESE TERMS OF USE, THE USER IS: (A) WAIVING CLAIMS THAT THE USER MIGHT OTHERWISE HAVE AGAINST MOBILE CUSTOMER CONNECT BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (B) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE PROVINCE OF ONTARIO, CANADA, OVER ANY DISPUTES OR CLAIMS THE USER HAS WITH US; AND (C) SUBMITTING ITSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

 

  1. ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

    This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitutes the entire agreement between the User and Mobile Customer Connect and supersede all previous written or oral agreements. The User may be subject to additional terms and conditions when the User uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the User and Mobile Customer Connect concerning the use by the User of the Site, the Content, and Affiliates.

    Any rights not expressly granted herein are reserved.