Terms Of Use

Please read through these Terms of Use carefully before you use our Service. The Service includes your use of our print materials, our website (the “Website”), the information included therein (the “Information”), and www.mobistreak.com (“www.mobistreak.com”). The Service is offered to you on the condition that you agree to all the terms, conditions and notices contained herein without any modifications, which includes warranty disclaimers and disclaimers of liability. www.mobistreak.com reserves the right to change these Terms of Use from time to time in its sole discretion. In the case of any violation by you of these Terms of Use, www.mobistreak.com may terminate your right to use the Service and reserves the right to seek all remedies available by law and in equity for such violations. Restrictions; Prohibitions on Use

Our policies on email:

www.mobistreak.com does not support spamming by our partners and we explicitly prohibit it. If you would like to report an incident of spamming, please contact us. We will investigate and take appropriate action.

We ourselves send out two kinds of emails. Our members may receive: 1. Welcome emails that provide you with your username / password as well as valuable resources. 2. Email newsletters that will contain valuable tips / advice as well as information and links to our trusted partners. You can always opt out of this newsletter so you will no longer receive our newsletter. Please understand you may receive e-mails from our partners who are trying to assist you- you may opt-out at any time from their e-mails.

No Affiliation; Waiver of Claims

You acknowledge and agree that www.mobistreak.com is not a government agency and is not affiliated with any government agency. The Information provided through the Service is provided solely for informational purposes. The Information is deemed reliable but not guaranteed and should be independently verified. YOU AGREE THAT, IN RETURN FOR PERMISSION TO USE THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST www.mobistreak.com THAT ARE CONNECTED TO YOUR USE OF THE INFORMATION. We may include information about government agencies, or other websites and businesses in our Information. The inclusion of any such government agencies, or other websites or businesses in our information does not mean that such agencies, websites, or businesses are affiliated with us or endorse our Service. Copyright; Proprietary Rights and Information

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any of our Information or any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. You acknowledge and agree that: (i) Information provided through the Service and Website may contain proprietary information that is protected by applicable intellectual property and other laws, and (ii) Information provided through the Service and Website is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Therefore, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the www.mobistreak.com Service, in whole or in part.

What We Do; No Legal Advice

Although www.mobistreak.com has made reasonable efforts to provide you with accurate Information, we assumes no responsibility for the accuracy (or inaccuracy) of the Information. We PROVIDE THIS SERVICE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. We FURTHER DISCLAIMES ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. www.mobistreak.com DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS THROUGH THE SERVICE OR ITS WEBSITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

www.mobistreak.com SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SERVICE AND/OR WEBSITE OR INABILITY TO USE THE SERVICE AND/OR WEBSITE, EVEN IF www.mobistreak.com HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAW. IN ADDITION TO THE FOREGOING, OUR TOTAL LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND/OR WEBISTE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US. Indemnification and Release

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, managers, members, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your use of the Service. Further, you agree to indemnify and hold us and the Affiliated Parties harmless from any liability, loss, claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) your breach of these Terms of Use; (ii) Your willful, reckless, or negligent misconduct, or (iii) claims that you infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You expressly release us and any Affiliated Parties from any claims that you may have due to your use of the Service, whether you are now aware of any such claims, or become aware of such claims in the future (this provision may be subject to possible limitation under state law).

Errors, Corrections and Changes

We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

Links to/from Third Party Sites

The www.mobistreak.com Website may contain links to third party sites. User accesses these sites at User’s own risk; www.mobistreak.com is not responsible for the content, changes, updates, or other links contained in a linked site. www.mobistreak.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.mobistreak.com of any such site. Your access or use of any third party sites is at your own risk. Any third party desiring to link to our Website must link to the Website’s home page located at www.mobistreak.com. No one may link to any other page of our Website without our prior written consent.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between user and www.mobistreak.com as a result of user’s use of the Service.

Governing Law

User’s use of the Service and any claims related to it are governed by the laws of the State of Delaware without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Delaware and user waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.

Miscellaneous

We are not a government agency, nor are we affiliated with a government agency. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Any cause of action by you with respect to any claim you may have against us must be instituted within one (1) year after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth herein. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms of Use shall survive any termination of this agreement. The language contained herein shall be interpreted as to its fair meaning and not strictly for or against you or us.

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