Privacy Policy

This Privacy Policy is a part of our Terms of Use. By using this Website, you agree to be bound by and comply with this Privacy Policy and our Terms of Use.

 

Age Restrictions on Access and Purchases.

You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.

 

If we learn we have collected or received personal information from a child under the age of 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 18, please contact us at: sales@Mobilair.net.

 

 

What Information Do We Gather and What Do We Do With it?

When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions. Email marketing: By providing us with your email address, you are giving us permission to send you emails about our website, new products, and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email. In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products. We use personal information collected through our site as described below and described elsewhere in this Policy to:

 

Facilitate the creation of and securing of your Account on our network;

Identify you as a user in our system;

Improve our products, site, and how we operate our business;

Understand and enhance user experience of our site and products;

Provide and deliver the products and services you request;

Respond to your comments or questions and for our Support team to provide service;

Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;

Communicate with you about promotions, upcoming events, and news about products and services offered by Mobilair and our selected partners, and for other marketing purposes of Mobilair;

Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service; and

Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding the use of your personal information. To learn more about your California privacy rights, visit this page (https://oag.ca.gov/privacy/ccpa)

 

Consent

How do you get my consent?

 

By executing a transaction, and any time you provide us with personal information for the purpose of completing a transaction, placing an order, arranging for a delivery or return of a purchase you consent to us collecting and using your information as described herein. Your credit card information is handled in a unique and specific way,r as discussed in Section 5 below).

 

How do I withdraw my consent?

 

You may withdraw your consent for us to use your personal information and from receiving email communications by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at sales@Mobilair.net.

 

Disclosure

We do not share your personal information with third parties without your consent other than with the following:

 

Third-Party Service Providers. We sometimes provide customer information to third-party partners who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy and use it only for the purposes for which we disclose it to them;

Lawful Requests. We provide customer information when required by law or to respond to lawful requests by law enforcement and other government agencies. We agree to notify you at the address you have given us if we have received a lawful request for your information;

Protection of Rights and Property. We provide customer information when required by law or to respond to lawful requests by law enforcement and other government agencies. We agree to notify you at the address you have given us if we have received a lawful request for your information;

Emergency. In an emergency, including to protect the personal safety of any person; and ● Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets including but not limited to merger, acquisition, refinancing through outside investment, divestiture or dissolution. In the event of insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, including its business and assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

 

 

Third-Party Services

Our Policy does not cover any third-party services. To learn about those third parties’ privacy practices, please read their privacy policies.

 

Links: When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.

 

Security

To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – never share this password with anyone. Mobilair will never contact you to ask you for your password.

 

If you provide us with your credit card information, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the website.

 

Age of Consent

Our website is not intended for children under 18 years of age. No one under the age of 18 may provide information to or on the website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this website, through any of its features, register on the website, make purchases on the website, or provide any information about yourself to us, including your name, address, telephone number, or email address.

 

By using this site, you represent that you are at least 18 years of age, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.

 

United States Law Applies

This site is intended for users located in the United States. By sending us your Personal Information from outside the U.S., you consent to the application of U.S. law and to the use and disclosure of your personal information consistent with this Privacy Policy. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties in the country where you reside, or where the products are destined.

 

 

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the website’s homepage). If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and through a notice on our website’s home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes. Changes and clarifications will take effect immediately upon their posting on the website.

 

Questions and Contact Information. If you would like to: access, correct, amend or delete any personal information we have about you (other than that information automatically generated by your use of our site), register a complaint, or simply want more information, please email us at: sales@Mobilair.net.

 

Terms & Conditions

 

These Terms of Service (“Terms”) govern your access to and use of the Mobilair, Inc. (“Mobilair,” “we,” “us” or “our”) websites, including but not limited to Mobilair.com, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Platform”).  Your use of and access to the Platform and any services or applications available on the Platform (“Services”), and any information, text, photos, graphics, videos or other materials made available on the Platform by Mobilair (collectively with the Services, referred to as “Platform Content”) is subject to these Terms and our Privacy Policy http://Mobilair.com/privacy. 

 

These Terms, including our Privacy Policy, are a legal agreement between you and Mobilair, and they contain important information on your legal rights, remedies and obligations.  You may use the Platform only if you can form a binding contract with Mobilair.

 

Please read and review these Terms carefully.  By visiting or otherwise using the Platform (i) you agree that you have read, understood and are bound by these Terms; (ii) you will comply with all applicable laws, regulations, rules and policies; and (iii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are no younger than 18 years old. You also agree that your access to and use of the Platform is a valuable benefit that you receive by agreeing to and complying with these Terms.  If you do not agree to these Terms, you may not access, browse or use the Platform.

 

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms or by otherwise posting on the Platform, or by email or conventional mail, and/or by any other means that provides reasonable notice. Your continued use of any of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Platform.  It is your responsibility to regularly check the Platform to determine if there have been changes to these Terms and to review such changes. You agree that we shall not be liable to you for any delay or other damages that might result from changes to the Terms, if any.  You can contact us with any questions or concerns you may have about these Terms at sales@Mobilair.net.

 

Minors Prohibited: The Platform is not directed to individuals younger than eighteen (18) years of age.  If you are younger than eighteen, you are not authorized to access or use the Platform.

 

 

Ownership and Restrictions on Use

Mobilair is the owner or licensee of all Platform Content on the Platform.  Platform Content includes, without limitation, applications, software, videos, images, text, scripts, photos, graphics, music, animation, audio, audiovisual materials, downloadable materials, applications, and also includes the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Platform, as well as  trademarks, trade names, service marks or logos owned or licensed by Mobilair (the “Marks”), and all other intellectual property rights covering or embodied by the Platform Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights.  The Platform Content does not include User Content, as described herein.  You do not acquire any ownership interest in any Platform Content by accessing or using the Platform or Platform Content.

 

System Requirements

To access the Platform, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Platform may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.

 

 Your Use and User Content; License Grant; Right to Monitor and Editorial Control

You may access, browse and use the Platform and Platform Content only in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Platform or Platform Content, except as expressly provided herein.

 

Please do not post any confidential, secret or proprietary information or material through the Platform, by e-mail or in any other way. By providing User Content to us, you: (i) represent and warrant, to us and to all other users of the Platform, that User Content is your original creation, that you own or otherwise control all of the rights in User Content, or that you have the rights necessary to grant to us the license to User Content granted herein, and that User Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of confidentiality of any nature with respect to User Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to User Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, prepare derivative works of, transmit, translate, display, perform, publish, sell and adapt the User Content through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party, solely in connection with the operation, maintenance and promotion of the Platform; and (iv) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Platform, the Platform Content, User Content or your posting on, or submission to, the Platform, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 

 

We cannot be responsible for maintaining user content from the Platform at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Platform and/or Platform Content by our Users, and we are not responsible for any such materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also restrict your access to part or all of the Platform or Platform Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability. 

 

Prohibited Conduct

You warrant and agree that, while accessing or using the Platform, you will not:

 

reproduce, duplicate, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Platform or the Platform Content unless permitted under these Terms or with the prior written authorization of Mobilair and any applicable licensors;

access or attempt to access another user’s account that you are not authorized to access;

incorporate Platform Content into any hardware or software application without prior authorization of Mobilair;

impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Platform, our licensors or anyone otherwise affiliated with us;

sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Platform Content to any third party;

remove any proprietary notices or labels on any Platform Content;

use an inappropriate username or screen name;

insert your own or a third party’s advertising, branding or other promotional content on the Platform or into any Platform Content;

post, email, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “stock touts,” “pyramid schemes,” or any other form of solicitation;

obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Platform Content available on or through the Platform through any means, including through means not intentionally made publicly available or provided through the Platform;

engage in any automatic or unauthorized means of accessing, logging-in or registering on the Platform, or obtaining lists of users or other information from or through the Platform, including, without limitation, any information residing on any server or database connected to the Platform;

use the Platform or Platform Content in any manner that could interrupt, damage, disable, overburden or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform, including, without limitation, sending mass unsolicited messages or “flooding” servers;

use the Platform or Platform Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;

use the Platform or Platform Content in violation of any applicable law;

attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Platform or the Platform Content, including without limitation any security, digital rights management or data encryption components limiting access to Platform Content;

use the Platform to “stalk” or otherwise harass or harm another in any way; or

collect or store personal data about other users of the Platform.

 

 

Your Registration and Your Information

Some of the Platform Content may be restricted to registered users. When any of the Platform Content or functions on the Platform require you to register with us (“Your Registration”) or otherwise provide user information (“Your Information”), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Platform the right to use, store, monitor, retrieve and transmit Your Information in connection with the operation of the Platform, the Platform Content and as otherwise provided herein. Our information collection and use policies with respect to the privacy of Your Information are set forth in our Privacy Policy http://Mobilair.com/privacy which is incorporated into these Terms by reference for all purposes.  You further agree to maintain and update Your Information as required to keep it accurate, current, and complete. You agree that Mobilair may store and use Your Information.  If you make any purchases on the Platform, your payment account information will be stored as part of Your Information.

 

You are solely responsible for maintaining the confidentiality of Your Information. You are also solely responsible for any and all activities on the Platform that occur under Your Registration or Your Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your Information, and of any and all other security breaches.  If you believe your account ID or password has been lost or stolen, contact us at support@Mobilair.com

 

We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove User Content from the Platform.  You have the right to cancel Your Registration at any time.  You may cancel Your Registration by following the instructions on the Platform. If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the user account section of the Platform.  Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. Even after termination of Your Registration, these Terms will remain in effect.

 

Your Ideas and Suggestions

Please be aware that if User Content constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticism, reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, reproduce, edit, distribute, modify, adapt, publish, publicly perform, publicly display, transmit, translate or digitally perform Feedback in any and all embodiments, media and means of communication, now known or hereafter developed.  You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback does not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, we are not obligated by these Terms to proceed with or conclude any agreement or transaction with you concerning any such Feedback.

 

If you do not wish to grant these rights, do not share, submit or post any Feedback on or through the Platform.

 

Termination

Mobilair reserves the right to modify, suspend, or discontinue the Platform and/or access to any Platform Content, or any part thereof, at any time and without notice to you, and Mobilair will not be liable to you should it exercise such rights, even if your use of Platform Content is impacted by the change.

 

 

Links to Third-Party Websites

We may provide links to websites of third parties. If you click on these links, you will leave the Platform. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.  

 

Linking to the Platform

You agree that if you include a link from any website to the Platform, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Platform. You may not link directly to any Platform Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner that causes the Platform, or any page of the Platform, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Platform be discontinued and removed and revoke your right to link to the Platform.

 

Warranty Disclaimers

We administer, control and operate the Platform from our offices in New York, the United States of America. The Platform is accessible world-wide; however, some of its features, functions or Platform Content may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Platform and Platform Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Platform may not be legal in your jurisdiction. If you choose to access, browse or use the Platform, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Platform to any person and geographic area. Any offer for any feature or function made on the Platform is void where prohibited.

 

Any information we provide on the Platform is of a general nature only, and we specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Platform.

 

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Platform or any of Platform Content. We are not liable for any errors, omissions, or inaccurate Platform Content. We are not responsible for typographic errors.

 

THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF PLATFORM CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE PLATFORM OR PLATFORM CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE PLATFORM AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE PLATFORM OR YOUR DOWNLOADING OF THE PLATFORM CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE PLATFORM.

 

Limitation of Liability

EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR PLATFORM CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR USER CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).

 

 

DISCLAIMER:  WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE.  WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

 

No Relationship

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Mobilair or between Mobilair and any other user of the Platform. You further acknowledge that that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Mobilair other than pursuant to these Terms.

 

Assignment.

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

 

Governing Law.

You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Platform, these Terms and all matters relating to your access to, and/or use of, the Platform, including all disputes between you and Mobilair. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action or proceeding. 

 

Entire Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Platform and Platform Content, including, without limitation, our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.  These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Platform and all matters relating to your access to, and/or use of, the Platform and Platform Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

 

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

 

Any rights not expressly granted in these Terms are reserved to us.