Terms Of service
1. Acceptance of Terms
2. Description of Products & Services
MobileFlyers is a marketing and sales service that enables Real Estate Agents to send property information through text messaging (SMS) (the "Service").
You agree that the Service may include certain communications from MobileFlyers, such as service announcements and administrative messages, and that these communications are considered part of MobileFlyers membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MobileFlyers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. We cannot guarantee the delivery of every message. We will investigate the cause of any failed delivery however and will re-credit an account should the fault lie within the MobileFlyers System. We cannot however re-credit for messages which were not delivered by a failure of the recipients network - or any network beyond our control. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. MobileFlyers does not guarantee any response from text messages, emails, or any other form of communication of this service.
3. Billing and Payment Terms
All fees are paid monthly via credit card unless otherwise established and approved by an officer of the company. An invoice will be sent to you each time your credit card is charged. By using this service, you agree to allow MobileFlyers to charge your credit card for fees incurred. The service is billed based on the level of service you selected at the time of your order. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any prepaid fees for any portion of the Service. Upon cancellation of the Service, you agree to remove all advertisements for the service from your signage. Consumers using the system are subject to standard messaging fees which are the responsibility of the consumer to pay.
MobileFlyers requires certain information to provide its service, such as credit card numbers, cell phone numbers and billing addresses. MobileFlyers will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, MobileFlyers collects the phone numbers of prospective buyers that access information via text message (SMS). The phone numbers collected by your property codes will never be shared with other users of the system nor will they be distributed outside the system, unless required by law.
5. Account, Password and Security
You will receive a password and account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MobileFlyers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MobileFlyers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge that MobileFlyers may or may not pre-screen Content, but that MobileFlyers and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MobileFlyers and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that MobileFlyers may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MobileFlyers, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MobileFlyers and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to indemnify and hold MobileFlyers, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless approved by an officer of the company.
9. Modification to Service
MobileFlyers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MobileFlyers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MobileFlyers may, under certain circumstances and without prior notice, immediately terminate your MobileFlyers account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your MobileFlyers account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MobileFlyers's sole discretion and that MobileFlyers shall not be liable to you or any third-party for any termination of your account or access to the Service.
11. MobileFlyer's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MobileFlyers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBILEFLYERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.MOBILEFLYERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILEFLYERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBILEFLYERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MobileFlyers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
14. Exclusions of Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
15. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
MobileFlyers may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
17. Trademark and Patent Information
The MobileFlyers logo, MobileFlyers Sign Rider and image, Powered by MobileFlyers, trademarks and service marks and other MobileFlyers logos and product and service names are registered US Federal Trademarks of MobileFlyers, Inc. MobileFlyers grants you permission to use the MobileFlyers marks on advertising brochures, sign riders, website advertisements. Uses not associated with the intended use of the product without the prior approval of MobileFlyers and its officers will result in an immediate cancellation of service. Upon cancellation of service you agree to remove all references to MobileFlyers from any and all materials and advertisements. Any attempt to copy, steal or infringe on Patent Rights, Trademarks or Service Marks owned by MobileFlyers Inc. will constitute a violation of US Federal Patent and Trademark law and will be subject to prosecution in federal district court.
18. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and MobileFlyers and governs your use of the Service, superseding any prior agreements between you and MobileFlyers with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and MobileFlyers shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and MobileFlyers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.
Waiver and Severability of Terms. The failure of MobileFlyers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your MobileFlyers account is non-transferable and any rights to your MobileFlyers or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations to TOS@MobileFlyers.com
Effective Date of Current Policy: September 2nd, 2009