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| DIRECMOBILE
Privacy Policy |
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Subscriber
Support.
View frequently asked questions or read our terms of use
statement. |
Terms
of Use .
The service offered by DIRECMOBILE at this website (the
"Service") provides you with the capability
of receiving certain alerts and outside advertising
residing in the DIRECMOBILE database via handheld computing
devices, cell phones, personal digital assistants (PDAs)
and all Wireless Application Protocol (WAP)-enabled
devices. The Services are made available through DIRECMOBILE).
The following are the terms and conditions for use of
the Service, along with any amendments thereto, and
any operating rules or policies that may be published
from time to time by DIRECMOBILE (collectively, the
"Terms of Use"). Please read them carefully.
BY COMPLETING THE REGISTRATION PROCESS
AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE
STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS TERMS OF USE.. |
USER
REGISTRATION, PASSWORD AND SECURITY
To use our Service, you must complete the registration
process that is presented upon your acceptance of the
Terms of Use. During the registration process, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the forms,
(b) to maintain and update this information to keep
it true, accurate, current and complete, and (c) notify
DIRECMOBILE immediately of any unauthorized use of your
account or any other breach of security. If any information
provided by you during the registration process is untrue,
inaccurate, not current or incomplete, DIRECMOBILE has
the right to terminate your account and refuse any and
all current or future use of the Service. As part of
the registration process, you will receive a password
and account designation. You are responsible for maintaining
the confidentiality of your password and all account
information.
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PRIVACY
POLICY
It is the policy of DIRECMOBILE to respect the privacy
of end users of the Service. Please refer to the PRIVACY
POLICY located at the bottom of this page for more information.
You agree that the DIRECMOBILE, may access and disclose
any information, including user names and other information,
if they believe in good faith that such action is reasonably
necessary to comply with applicable laws and lawful
government requests, to operate their systems properly,
or to protect themselves, their customers, or other
third-parties. In addition, please be aware that due
to the nature of the Internet and other factors, privacy
in your communications cannot be guaranteed, and you
should bear this in mind when deciding whether to transmit
confidential information or any other information via
the Service. |
USER
CONDUCT
You agree to abide by this Terms of Use and all applicable
local, state, national and international laws and regulations.
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TERMINATION
Any misuse of the Service or breach of the Terms of Use
will cause the immediate termination of your account. |
RESALE
OF SERVICE
You agree not to resell the Service or use of or access
to the Service. |
INDEMNIFICATION
You agree to indemnify, defend and hold harmless DIRECMOBILE
and its parents, subsidiaries, affiliates, officers,
employees and from any loss, liability, claim, demand,
damage, or expenses (including reasonable attorney's
fees) asserted by any third party due to or arising
from or in connection with your use of or conduct on
the Service. DIRECMOBILE reserves the right, at its own
expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by
you, which shall not excuse your indemnity obligations. |
MODIFICATIONS
TO TERMS OF USE OR TO THE SERVICE
DIRECMOBILE reserves the right to change the Terms of Use
at any time without notice. DIRECMOBILE also reserves the
right to modify or discontinue the Service, temporarily
or permanently, with or without notice to you. You agree
that DIRECMOBILE, shall not be liable to you or any third
party for any modification to or discontinuance of the
Service. |
PROPRIETARY
RIGHTS
You acknowledge and agree that, as between you and the
DIRECMOBILE all content, including but not limited to
text, software, graphics, video, page layout and design
or other material displayed by Service is protected
by DIRECMOBILE copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. You agree
not to modify, copy, reproduce, republish, upload, post,
transmit, sell or distribute in any way content available
through the Service. |
EXTERNAL
LINKS
The Service may contain links to other Internet sites,
resources and members of the Service. DIRECMOBILE is not
responsible for the availability of these outside resources,
or their contents, and does not endorse (and is not
responsible for) any of the contents, advertising, products
or other materials on such sites. Under no circumstances
shall DIRECMOBILE, be held responsible or liable, directly
or indirectly, for any loss or damages caused or alleged
to have been caused by use of or reliance on any content,
goods or services available on such sites. Any concerns
regarding any external link should be directed to its
respective site administrator or webmaster. |
DISCLAIMER
OF WARRANTIES
THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE
THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED.
DIRECMOBILE MAKES NO WARRANTY (I) THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; OR (II) THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DIRECMOBILE MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE
OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIRECMOBILE
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
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LIMITATION
OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL DIRECMOBILE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES,
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLES, EVEN IF THEY HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
AGREE THAT DIRECMOBILE IS NOT RESPONSIBLE OR LIABLE TO
YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE,
THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR
WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE
THAT DIRECMOBILE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA
RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE
CORRUPTION OR ANY OTHER REASON.
YOU FURTHER AGREE THAT DIRECMOBILE SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION
OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES,
CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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MISCELLANEOUS
This Agreement constitutes the complete and exclusive
agreement between DIRECMOBILE and you with respect to
the subject matter hereof and supersedes all prior oral
or written understandings, communications or agreements
not specifically incorporated herein.
The failure of DIRECMOBILE to exercise
or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court
of competent jurisdiction to be invalid or contrary
to law, then such provision(s) shall be construed, as
nearly as possible, to reflect the parties' intentions,
and the other provisions of the Terms of Use shall remain
in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of
the Service or to the Terms of Use must be commenced
within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the
Terms of Use are for convenience only and have no legal
or contractual effect or significance. |
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