Terms of Service
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE.
1. SITE USE GENERALLY
1.1. Your User License
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the United States and its territories (“Applicable Markets”). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site.
1.2. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without this site’s prior written permission. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to this site or its licensors.
1.3. Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.
1.4. Links to Other Websites
Our Site contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.
1.5. Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without this site’s prior written permission.
1.6. Trademark
This site’s logo, domain name, and all product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of the owners of this domain (the “Marks”). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
2. SITE WARRANTY DISCLAIMER
OUR SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Refunds
With the exception of Web Design services (#9.) our services are non-refundable. Because we provide soft services (not tangible products), all sales are final.
6. Chargebacks
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us at sales@mobilewebmds.com to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
7. Hosting and Maintenance Contract Cancellation.
If your service has a monthly support contract which includes updates, monitoring and/or hosting, cancellation requires 30 days notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month. Send an email to sales@mobilewebmds.com if you would like to cancel. Once your service is cancelled, any website, mobile website, fan page, QR code, coupon Page, squeeze page, or any SEO and/or any monitoring service that is hosted by us or our affiliates will be deactivated and will no longer work. The files will become sole property of MobileWebMDs.
Because web hosting services are provided on a monthly basis, the client will be responsible for service fees already paid regardless of when the client provides notice of termination. Thus, for example, if Client provides notice to terminate prior to the end of the billing cycle, which in every case is the end of the month, the remaining balance for that month will not be pro-rated or refunded. Therefore, if the client’s account is cancelled at any point during the contract term, Client will not be entitled to a pro-rated refund.
All accounts are cancelled as soon as the client sends and email request to sales@mobilewebmds.com and receives a confirmation back stating that the service is cancelled. submits the account cancellation request, at which time all remaining files in Client’s account will be deleted. The cancellation procedure is subject to change without notice.
8. Monthly Subscriptions
If your service requires a monthly subscription, then your monthly payment will be due by the (1st) day of each month. MobileWebMDs will provide a 10 day grace period in which you, the Customer can submit payment for that month. If payment is not received, your files will be removed from the server. This means that any website, mobile website, fan page, QR code, coupon Page, squeeze page, or any SEO and/or any monitoring service you have will no longer work. You will be charged on a monthly, in advance, reoccurring subscription basis at the rate quoted and provided on the order invoice. Please note that the agreement automatically renews for the same period, at the same rate, at the end of each month. If you need to make payment arrangements please send an email to sales@mobilewebmds.com. IF YOU ARE DISSATISFIED WITH OUR MOBILE SITES, SERVICES, OR PRODUCTS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITES, SERVICES OR PRODUCTS.
9. Web Design Contract Cancellation.
A non-refundable deposit amount of 50% is due at the time of the contract signing. If 100% of payment was made upfront, then 50% of that payment will be refunded back to the customer minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $60/hour. Cancellation of any web design project by either party will result in a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $60/hour. Web design cancellation refunds will be processed and delivered within 10 business days of the cancellation date.
10. CONFIDENTIALITY
You acknowledge that this site is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by this site. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by this site.
11. GENERAL TERMS
11.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we’ll verify it for you.
11.2. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the USA state for the owner of this Site, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, the county and USA state for the owner of this Site. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
11.3. Changes to These Terms
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
11.4. Contact Us
If you have any concerns about the Site or these Terms, please contact us via our Contact Us link.
11.5. Notice and Procedure for Making Claims of Intellectual Property Infringement
This site respects the intellectual property rights of others and expects its users to do the same. This site may remove content that in its sole discretion appears to infringe the rights of others.
If you believe that any content posted on this site infringes your intellectual property rights, please notify this site’s Intellectual Property Agent pursuant to the following instructions:
Notifications of claimed infringement should be sent to our Designated Agent for this site which can be reached via our Contact Us link.
To be effective, the notification must be a support ticket to the above Designated Agent that includes the following:
1. A physical or electronic signature of the intellectual property rights owner or one authorized to act upon their behalf;
2. Identification of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a list of the multiple rights that have been infringed at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate and remove the material;
4. Information enabling the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
You may contact us at sales@mobilewebmds.com or at 866-274-3650