Thanks for using MobileWorks! These terms of service govern your access to and use of MobileWorks websites and services, so please read everything carefully. This page explains the terms by which you may use our website, www.mobileworks.com (“Site”) and any other mobile or web services or applications owned, controlled, or offered by MobileWorks. By accessing or using the Site you signify that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the “Terms” or the “Agreement”).
These Terms of Service are a contract between you and MobileWorks, Inc., a Delaware Corporation. MobileWorks operates www.mobileworks.com (“MobileWorks Site”). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
MobileWorks, Inc. hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the MobileWorks Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the MobileWorks Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the MobileWorks Site. All rights not expressly granted to you are reserved by MobileWorks and its licensors. You shall not (i) modify or make derivative works based upon the MobileWorks Site; (ii) reverse engineer or access the MobileWorks Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the MobileWorks Site, or (c) copy any features, functions or graphics of the MobileWorks Site. You further acknowledge and agree that, as between the parties, MobileWorks, Inc. owns all right, title, and interest in and to the MobileWorks Site, including all intellectual property rights therein.
The materials on MobileWorks, Inc.'s web site are provided "as is". MobileWorks, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MobileWorks, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall MobileWorks, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MobileWorks, Inc.'s Internet site, even if MobileWorks, Inc. or a MobileWorks, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on MobileWorks, Inc.'s web site could include technical, typographical, or photographic errors. MobileWorks, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. MobileWorks, Inc. may make changes to the materials contained on its web site at any time without notice. MobileWorks, Inc. does not, however, make any commitment to update the materials.
You agree to defend, hold harmless and indemnify MobileWorks from and against any and all losses, costs, expenses, damages or other liabilities incurred by MobileWorks arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against MobileWorks: (a) in connection with your use of the Site including any payment obligations incurred through use of the Site; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply profile or payment information via the Site, including personal financial information; (iii) your decision to submit applications; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Site; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Contractor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
MobileWorks, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to MobileWorks, Inc.'s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses the MobileWorks Service, is bound by these Terms of Service plus the following specific terms:
Your privacy is important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any questions or concerns about our Services or these Terms, you may contact us at:
MobileWorks, Inc.