- About MicrositeGuru
- Copyright and Trademarks
- Terms and Conditions
- Contact Us
MobilesiteGuru Terms and Conditions
Terms and Conditions are effective as of January 7, 2009.
Terms of Servicesmobilesiteguru.com of eikonlexis, LLC
The Following are the terms and conditions for use of mobilesiteguru.com ("MobilesiteGuru") proprietary software platform to build mobile websites ("Mobilesite") and service ("Service"). This Agreement ("Agreement") is by and between mobilesiteguru.com (of eikonlexis, LLC.) and you, your heirs, any third party accessing the Service on your behalf, agents, successors ("You") and is made effective as of the date of electronic execution. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Please read this agreement carefully.
YOU AGREE THAT THE ELECTRONIC TEXT OF THIS AGREEMENT CONSTITUTES WRITING AND BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to these terms and conditions, please do not use the Service.
Use of the Service is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Service is not to be accessed or used by minors under the age of 13. If you are under the age of 13, you are not permitted to register as a User or send any information about yourself to us.
eikonlexis, LLC reserves the right to modify the mobilesiteguru.com terms of service without notice. The revised Terms of Conditions can be found on http://www.mobilesiteguru.com/ and will be identified by the most recent date of revision. You are responsible for regularly reviewing the policy.
This Agreement may be assigned at any time by eikonlexis, LLC (owner of mobilesiteguru.com) to any successor of its business, whether by merger, change of control, or sale of all or majority of its assets.
MobilesiteGuru (of eikonlexis, LLC) grants User a limited, non-exclusive, non-transferable right and license to use the MobilesiteGuru Tools during the Term in connection with Userís use of the Service. Except as expressly permitted herein, User shall not (i) reproduce, modify, distribute, sublicense, make available, reverse engineer, reverse compile, create derivative works or otherwise use the MobilesiteGuru Script, Tools and Technology or lease, transfer, lend, sublicense, resell or allow third party access to all or any portion of the MobilesiteGuru script, service, tools, or technology, including, but not limited to, by sharing your access username and/or password. User hereby grants to MobilesiteGuru the limited, non-exclusive, right and license: (a) to use, copy and publish the User Mobilesite to create User Mobile Sites and to display such User Mobile Sites to end-users on Userís behalf.
To register for the Service and create an account, you must complete the registration process by providing MobilesiteGuru with complete and accurate information as prompted by the registration form, including e-mail address (username) and password.
You shall protect your password and take full responsibility for your own and third party activities that occur under your account.
You acknowledge and consent for MobilesiteGuru to access your account for support, maintenance or security-related reasons.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login ("username")and password (collectively, the "Login Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify MobilesiteGuru immediately of any unauthorized use of Your account or any other breach of security. You agree MobilesiteGuru will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by MobilesiteGuru or another party due to someone else using Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. MobilesiteGuru specifically disclaims liability for any activity in Your account, whether authorized by You or not.
MobilesiteGuru will make every effort to keep its Web site, servers and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold MobilesiteGuru liable for any of the consequences of such interruptions.
Subject to the terms and conditions of this Agreement, (i) MobilesiteGuru hereby grants you a revocable, non-exclusive, non-transferable license to include the MobilesiteGuru-provided java script (together with any modifications, updates and upgrades provided to you, the ("MobilesiteGuru Script") in the HTML code for Mobilesite(s) that are properly registered for Service with MobilesiteGuru and owned by you, solely for the purpose of accessing the Service and information available from the Service.
Provision of Service
During the period that you are a registered member ("User") in good standing (the "Term"), you are entitled to use the MobilesiteGuru software platform to create mobile Mobilesite(s) ("User Mobilesite") for your owned and operated domains ("Service"). As part of the Service, MobilesiteGuru will host the User Mobilesite on its servers.
As consideration for the Software or Services activated by You and provided to You by MobilesiteGuru, You agree to pay MobilesiteGuru at the time You activate your User Mobilesite.
All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. MobilesiteGuru expressly reserves the right to modify pricing through email notification and/or notice on its Web site. All fees are stated in U.S. dollars, unless otherwise noted.
If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement. If any credit card payment fails to process or is dishonored you agree that MobilesiteGuru may pursue all available remedies in order to obtain payment. You agree that among remedies MobilesiteGuru may cancel your Mobilesite service and your MobilesiteGuru script will be deactivated. You agree that You are solely liable for arranging that Your Services are renewed, and that MobilesiteGuru shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew and/or activate Your Services.
Except for the limited licenses expressly granted herein, MobilesiteGuru expressly reserves all right, title and interest in and to the MobilesiteGuru Script, the content of the MobilesiteGuru website, and all tools, technology, and other software used by MobilesiteGuru, including, without limitation, any derivatives, improvements, enhancements or extensions of the MobilesiteGuru Technology conceived, reduced to practice or otherwise developed on or on behalf of MobilesiteGuru, all of which are valuable assets of MobilesiteGuru, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any MobilesiteGuru Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by MobilesiteGuru or inconsistent with MobilesiteGuruís standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or MobilesiteGuru Technology, or attempt to access data of any other customer of MobilesiteGuru; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by MobilesiteGuru; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on mobilesiteguru.com are proprietary to us.
MobilesiteGuru authorizes you to view, download, and use the Site Content solely in connection with your authorized use of the Service in accordance with this Agreement.
All software used by MobilesiteGuru to operate the Service is proprietary to us, and except as may be required to use the Service in accordance with this Agreement, any use, duplication, redistribution, sale, decompilation, reverse engineering, translation or reduction of such software to human-readable form is prohibited.
The mark MobilesiteGuru is proprietary to us, and it may not be used in connection with any service or products other than those provided by MobilesiteGuru, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MobilesiteGuru. Any use of the MobilesiteGuru mark, or any others displayed on the Service, will inure solely to the benefit of their respective owners.?
MobilesiteGuru does not collect personally identifiable information from the Service. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
You agree that MobilesiteGuru or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated.
You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software. You agree and understand that all content and materials contained in this Agreement, other policies, the MobilesiteGuru web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that MobilesiteGuru or its licensor expressly reserves its rights in and to all such content and materials.
You agree to defend, indemnify, and hold harmless MobilesiteGuru, at your expense, from all third party claims, actions, proceedings, allegations and suits brought against MobilesiteGuru or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by MobilesiteGuru or any of its officers, directors, employees, agents or affiliates, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with MobilesiteGuru whether or not on Your behalf, and whether or not with Your permission) (i) your breach of any term or condition of this Agreement, (ii) your use of the Services or software, or (iii) your unauthorized use of the MobilesiteGuru Script (iv) MobilesiteGuru may, at its option, terminate any Userís access to any or all of the Service, including your password and account. You agree that MobilesiteGuru shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify MobilesiteGuru of any such claim promptly in writing and to allow MobilesiteGuru to control the proceedings. You agree to cooperate fully with MobilesiteGuru during such proceedings. You agree You will not be entitled to a refund of any fees paid to MobilesiteGuru if, for any reason, MobilesiteGuru takes corrective action with respect to Your improper or illegal use of its services.
Governing Law, Venue; Waiver Of Trial By Jury
This agreement shall be deemed entered into in the State of California. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Los Angeles County, California. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
Limitation Of Liability
IN NO EVENT SHALL MOBILESITEGURU BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF MOBILESITEGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, MobilesiteGuru ís liability is limited to the full extent permitted by law. You agree that in no event shall MobilesiteGuru ís maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from MobilesiteGuru.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
You represent and warrant to MobilesiteGuru that you own all rights, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website. MobilesiteGuru may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
MobilesiteGuru does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that MobilesiteGuru shall not be responsible for unauthorized access to or alteration of your owned and operated websiteís HTML.
THE SERVICE, THE MOBILESITEGURU SCRIPT ARE [PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MOBILESITEGURU EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE MOBILESITEGURU SCRIPT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MOBILESITEGURU DOES NOT WARRANT THAT THE SERVICE, THE MOBILESITEGURU SCRIPT WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from MobilesiteGuru to You may be posted on our Web site. Notices concerning breach will be sent either to the email address You have on file with MobilesiteGuru. In either case, delivery shall be deemed to have been made three (3) days after the date sent.
Availability of Services
Subject to the terms and conditions of this Agreement, MobilesiteGuru shall have no liability for, any Service or Server down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond MobilesiteGuruís control, such as interruptions in Internet services to an area where MobilesiteGuru servers or your servers are located or co-located. MobilesiteGuru services and website are provided in "as is" condition. You agree MobilesiteGuru has no control of availability of the Services on a continuous or uninterrupted basis.
You further agree that as a normal course of its business, it may be necessary for MobilesiteGuru to migrate its servers.
You agree that the MobilesiteGuru servers including the space occupied by your account is and remains the property of MobilesiteGuru. Your limited license to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of MobilesiteGuru.
LIMITATIONS OF LIABILITY
MOBILESITEGURU WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), EVEN IF MOBILESITEGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. MOBILESITEGURU CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO MOBILESITEGURU FOR USE OF THE SERVICE.
Termination Of Services
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this agreement, MobilesiteGuru will cease providing the Service; and you will delete all copies of the MobilesiteGuru Script from your web page(s). You agree that any outstanding balance payable by you to MobilesiteGuru will become immediately due and payable.
Your cancellation will take effect at the end of the then-current billing cycle. You are not entitled to any refund for the period from when you give notice to the end of the billing cycle. In the event You terminate Your usage, MobilesiteGuru (of eikonlexis, LLC) will not refund any amounts You have paid. You agree that You will be responsible for notifying MobilesiteGuru should You desire to terminate Your use of MobilesiteGuru's Services.
You represent and warrant to MobilesiteGuru that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your User Mobilesite. You also warrant that the User Mobilesite being hosted by MobilesiteGuru will not be used in connection with any illegal activity. MobilesiteGuru prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by MobilesiteGuru. You agree MobilesiteGuru reserves the right to remove Your User Mobilesite temporarily or permanently from its servers if MobilesiteGuru is the recipient of activities that threaten the stability of its network.
COMPLIANCE AND RULES OF CONDUCT FOR THE SERVICE
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable local, state, national, or International laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, attempt to gain unauthorized access to MobilesiteGuruís computer systems; Sell, resell or re-distribute the Service in any way. The Service may not be used to publish, distribute or otherwise make available any material that: Is libelous, defamatory, threatening, abusive, scandalous, pornographic, harassing, vulgar, obscene or unlawful or that encourages a criminal offense; Marketing Act (CAN-SPAM ACT); Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the materialís readers or others; or Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. MobilesiteGuru reserves the right (but is not obligated) to do any or all of the following:Investigate any allegation that any User Authorized Site does not conform to the terms and conditions of this Agreement; or Disable access to the Service with respect to any User Authorized Site that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement. User will ensure that the User Mobilesite do not contain any computer virus, code or other feature that may harm or impair the operation of the Service.
MobilesiteGuru reserves the right at all times to disclose any information as MobilesiteGuru deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MobilesiteGuru's sole discretion.
In the event MobilesiteGuru deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to MobilesiteGuru if, for any reason, MobilesiteGuru takes corrective action with respect to Your improper or illegal use of its Services.
You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited
You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. MobilesiteGuru shall make the sole determination of what is "Inappropriate".
You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to MobilesiteGuru if, for any reason, MobilesiteGuru takes corrective action with respect to Your improper or illegal use of its Services.
Miscellaneous; Applicable Law and Venue
In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Los Angeles, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to MobilesiteGuru must be e-mailed to: firstname.lastname@example.org. The relationship between MobilesiteGuru and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and MobilesiteGuru regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. MobilesiteGuru may assign this Agreement to any successor to its business, whether by merger, change of control, or sale of all or substantially all of its assets. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of MobilesiteGuru to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of MobilesiteGuru thereafter to enforce such provisions.
Applicable Law and Jurisdiction; Compliance.
The Service (excluding links) are controlled by eikonlexis LLC and operated by MobilesiteGuru from its offices in California. Because the Service is made available by means of the Internet it is accessible in all fifty states and other countries.
Storage and Security At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. MobilesiteGuru's shared hosting servers are not an archive and MobilesiteGuru shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. MobilesiteGuru shall have no liability to You or any other person for Your use of the Services in violation of these terms.
Submissions to MobilesiteGuru Become Sole Property of MobilesiteGuru.
All comment, suggestions, materials, and other correspondences submitted to MobilesiteGuru whether at the request of MobilesiteGuru or not (all of the foregoing being "Submissions"), the Submissions will be deemed, and will remain, the sole property of MobilesiteGuru. Without limiting the foregoing, MobilesiteGuru will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, without compensation to the provider, author, creator or inventor of the Submissions.
Links to Third Party Service Are Not Endorsements.
The Service and MobilesiteGuru website may contain links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by MobilesiteGuru. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices.
No Third party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.