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“ Agreement” means the terms and conditions and other statements set forth in this document, whether located on the same or different web pages.
“Mobility Plus” means mobilityplustx.com and includes its parents, affiliates, subsidiaries, officers, directors, employees, agents, representatives, successors, and assigns.
“Mobility Plus Website” means the website located at http://www.mobilityplustx.com/ or any other domain name or other address at which this website may be accessed.
“ Subscriber” or “user” or “you” or "your" refers to any and all individuals, companies, organizations, and other entities who access or use this website in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered, or who request, subscribe to, access, or otherwise use the services and products offered by Mobility Plus.
Computer security and privacy are complex issues. It is important to understand these points:
You should guard your password. Your password is the ultimate key to all of the information in your account, including your email and any other information you have provided to us.
Any communication you make to Mobility Plus over the Internet, whether sent via e-mail or via a form on the Mobility Plus Website, should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted.
4. Refusal & Termination of Service
Mobility Plus reserves the right to terminate or refuse service to anyone, at any time, for any reason, without prior notice, including, without limitation, for violating any provision of this Agreement.
Mobility Plus grants, subject to the terms of this Agreement, a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Mobility Plus Website in real time and to use the materials in the Mobility Plus Website in a manner consistent with Paragraph 7 (Intellectual Property Rights) below.
7. Intellectual Property Rights
Mobility Plus respects the intellectual property rights of others. Unauthorized duplication of any content downloaded from the Mobility Plus Website, although convenient, is a violation of copyright law and international treaties.
Mobility Plus owns the copyright in the content of this site, including, without limitation, all text, graphics, logos, buttons, icons, images, software, HTML, object code, source code, and other code, video material, audio material, multimedia material, artwork, photographs, and other content (“Mobility Plus Copyright Material”). The Mobility Plus Copyright Material is protected by state, U.S. federal, and international copyright laws. You may display and download portions of the Mobility Plus Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Mobility Plus Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.
Mobility Plus and the Mobility Plus design, images, and graphics are trademarks, trade names, or service marks of Mobility Plus. The Mobility Plus word marks, design, graphics, trademarks, trade names, and service marks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of an officer or director of Mobility Plus. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for Mobility Plus:
Attention: Executive Office
1789 Upland Drive
Houston, TX 77043
Phone (713) 468-4683
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
3. A reasonably detailed description of where the alleged infringing material is located on this website;
4. Information reasonably sufficient to permit us 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 copyright owner, its agent, or the law;
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 an exclusive right that is allegedly infringed.
Mobility Plus values and encourages Subscriber feedback on Mobility Plus products and services. Pursuant to Mobility Plus company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested by Mobility Plus. Our policy is designed to eliminate the possibility of future misunderstandings and disputes if and when Mobility Plus decides to implement an idea that is similar to one submitted by you. We hope you understand the business reasons behind our policy. If you choose to send any creative submissions to us, whether at Mobility Plus request, or despite our request that you do not send submissions to us, all submissions shall be deemed, and shall remain, the exclusive property of Mobility Plus, and Mobility Plus shall exclusively own all now known or hereafter existing rights to the submissions and all information contained therein throughout the universe. Mobility Plus shall be entitled to complete unrestricted use of the submissions and all information contained therein for any purpose, whether commercial or otherwise, without compensation to or recognition of the provider of the submissions.
9. Visitor Representations & Warranties
If you are a person who submits personally-identifying information to Mobility Plus, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Mobility Plus Website, products, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Mobility Plus Website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Mobility Plus has the right to terminate your account and refuse any and all current or future use of the Mobility Plus Website.
10. Governing Law, Jurisdiction, & Venue
All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Hood County, Texas or the U.S. District Court for the Northern District of Texas, Dallas Division. You expressly agree to submit to jurisdiction and venue in Hood County, Texas or the U.S. District Court for the Northern District of Texas, Dallas Division, regardless of the location from which you access or use information or materials on this site. You agree that any dispute arising under or relating to this Agreement may be brought only in Hood County, Texas or the U.S. District Court for the Northern District of Texas, Dallas Division, and the Parties agree to waive jurisdiction and venue in any other forum.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MOBILITY PLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEYS FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. MOBILITY PLUS MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT MOBILITY PLUS RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT MOBILITY PLUS PRIOR WRITTEN APPROVAL.
12. LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT MOBILITY PLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR MOBILITY PLUS PROVISION OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY MOBILITY PLUS NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, MOBILITY PLUS SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
13. DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS” BASIS. MOBILITY PLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. MOBILITY PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILITY PLUS SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
ACCEPTABLE USE POLICY
14. Lawful Purpose
Mobility Plus Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of Mobility Plus Acceptable Use Policy (“AUP”) is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Mobility Plus products or services is strictly prohibited. Using the Mobility Plus Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.