Effective Date: October 1, 2015
Thank you for using Strategy Mob!
Strategy Mob (“us”, “we”, “our”) believes that online privacy is important and want you to be familiar with how we collect, use and disclose any personal information that individually identifies you (e.g. your name, address, phone number, e-mail address).
1. What & Why
What personal information do we collect and how do we use it?
We may collect personal information from you when you voluntarily provide it to us through a number of features available via our site. We will only use the personal information that we collect for the purposes for which it was collected. These purposes include:
Dealers, vendors, affiliate and contributor accounts.
We collect, and associate with your account, personal information like your name, email address, phone number, and physical address and submitted content (text and imagery).
We may also want to use certain contact information in connection with any case studies that we create involving contributors, but we will only do so after obtaining the additional written approval of such contributors.
Comments and other content.
When you provide comments on our Site or post to our blogs, we may collect, use, process and store your information. Contributors agree when they submit content that they are the sole owner of the content they submit (text and imagery) or have written approval from its creator for usage on Strategy Mob. Strategy Mob is not responsible for any claims of misuse or legal action resulting from contributor supplied content form its users.
If you contact one of our Representatives through our Site, e-mail or by some other means we may ask you for personal information such as your name, address, phone number, or e-mail address so that we can respond to your query. This includes sending information to affiliates if a user or site visitor requests a demo and fills out a form or emails an affiliate through the site.
2. How and why do gather personal information through automatic means?
We collect information from and about the devices you use to access the Site. This includes things like IP addresses, the type of browser and device you use, the web page(s) you visited before coming to our Site, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Site.
When you use our site and services, we collect, store and process operational data, such as website traffic information and device information. We use this data to help you get maximum use from our site and services and improve your user experience and security.
Cookies and other technologies.
We use cookie technology, browser local storage, beacons and other similar devices on the Site to enhance functionality and navigation for our visitors. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) your email address; (iii) the type of browser and operating system being used; (iv) the pages of the Site a user visits; and (v) other sites a user visited before visiting this Site. If you wish to disable cookies or local storage, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may be unable to access some customized features on the Site.
Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on the Site to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize the Site and improve your experience. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Like cookies, web beacons do not collect or contain your personal information.
3. To whom do we disclose personal information?
We may disclose personal information to:
Others working for Strategy Mob.
Comments and other content.
When you provide comments (for example, on a public article or video), we may share your information and ratings publicly.
We reserve the right to disclose any personal information as needed if such information is requested by law enforcement agencies that possess warrants or if we are requested to do so by law, regulation, court order, or by a government entity. We may also disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation; (iii) identify, contact, or bring legal action against someone who may be violating our Terms of Service or Acceptable Use Policy; or (iv) to protect our rights, privacy, safety or property. We may also disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Strategy Mob or our users; or (d) protect Strategy Mob’s property rights.
We reserve the right to transfer any personal information that we have about you if we sell or transfer all or a portion of our business or assets to a third party.
Lastly, we may disclose your personal information for any other purpose to which you consent. For example, if you are a customer who agrees to be contacted by vendors for marketing purposes, we will provide your contact information to such vendors who are responsible for using such information in compliance with applicable laws. However, we will not sell your personal information to advertisers or other third-parties.
5. How we protect your personal information
The security of your personal information is important to us. We maintain administrative, technical and physical safeguards (appropriate to the sensitivity of such information) designed to protect against unauthorized use, disclosure or access of the personal information we collect via the Site. We have a team dedicated to keeping your personal information secure and testing for vulnerabilities. We also continue to work on features to keep your personal information safe by developing and implementing appropriate security features.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide to us. All third parties that obtain personal information from us (e.g. service providers that perform functions on our behalf) are contractually required to protect your confidentiality and personal information in a manner consistent with this policy, and/or as required by law.
To provide you with the site and services, we may store, process and transmit personal information in locations around the world – including in the United States, whose data protection laws may differ from the jurisdiction in which you live. Personal information may also be stored locally on the devices that you use to access the site and services. As a result, this personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the personal information that are equivalent to those that apply in the country in which you live.
7. Electronic Communications
As part of signing up to receive the content and interactions with Strategy Mob and its staff and administrators, you consented to receive email from us in connection with Strategy Mob’s ongoing activities, content updates, email newsletters, events and offered services. You may have also opted in to receive newsletters and future promotional communications from us. If you opt-in to receive such communications, we may use the information to: communicate with you regarding our products, services and promotions; provide you with other information that you request; and/or improve our product and service offerings. You will always have the opportunity to “unsubscribe” from receiving any of our e-mail or other communications at any time. We provide an on-going opportunity to unsubscribe or opt-out of contact by us by accessing our Site.
We’ll retain personal information you store on our Site for as long as we need it to provide you the services and to fulfill the purposes for which it was disclosed in accordance with Strategy Mob’s retention policy. If you delete your account, we’ll also delete this personal information. But please note: (1) the deletion of your personal information will only be completed once we have fulfilled our operational requirements; (2) there will be latency in deleting this personal information from back-up storage; and (2) we may retain this personal information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
11. How to contact us
- see personal information that you have already sent us so that you can correct or update it or delete your personal information from our files;
- if your child under 13 has sent us personal information, delete that personal information from our files;
- ask that we not send you electronic communications or otherwise contact you; or
Please contact us at email@example.com and we will try to get back to you as soon as possible.
Effective Date: October 1, 2015
Please read the following carefully.
Please note that before purchasing our Software or signing up to obtain specific Services from Strategy Mob, you will be asked to formally agree that you have read and accepted these Terms. You should also print a copy of these Terms or save them to your computer/mobile device for future reference.
The Terms and any other policies or guidelines governing the Site, Software and the Services are subject to change by Strategy Mob at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site, Software and the Services will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site, Software and the Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site, Software and the Services.
You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Site, Software or the Services at any time, including the availability of any Site, Software or Services’ features, content, functionality or aspect in our sole discretion without notice to you.
1. Registration Information
We will require you to register and set up an account to use certain portions of the Site, Software and the Services. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Site, if available. If Strategy Mob believes that the Registration Information you provide is not correct, current, or complete, Strategy Mob reserves the right to refuse you access to the Site, Software and the Services, and to terminate or suspend your access at any time. However, Strategy Mob has no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to the Site, Software or through the Services.
2. User ID/Password and Promotional Codes
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
The Site, Software and Services contain text, graphics, photos, software, analytics and lead management tools, trade-marks, trade-names, logos, brand features, icons and other materials (“Strategy Mob Content”) made available by Strategy Mob that is owned by Strategy Mob. The Site, Software and Services may also contain third party text, graphics, photos, software, trade-marks, trade-names, logos, brands, icons and other materials (“Third Party Content”) that is owned or provided by persons other than us (“Third Party Providers”)(the “Strategy Mob Content” and the “Third Party Content” is collectively, “Content”). Strategy Mob makes no representations or warranties regarding such Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that Strategy Mob endorses or agrees with such information or materials.
You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of Strategy Mob or the Third Party Providers. You may download Content from the Site, Software and the Services and may use the Site, Software and the Services for your normal business use only, provided you keep intact all copyright and other proprietary notices.
The Content, its organization, design, compilation, advertising and all other material on the Site, Software and the Services, including without limitation, the “look and feel” of this Site, Software and the Services, is protected under applicable copyright and other proprietary (including but not limited to intellectual property) rights, including national and international intellectual property laws and is the property of us and our Third Party Providers. The Site, Software and the Services are copyrighted works of Strategy Mob and we reserve all rights in and to the Site, Software and the Services. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, Software or the Services is strictly prohibited.
You also agree not to access all or any part of the Site, Software or Services in order to build a product or service that competes with the Services and except with our permission, you will not additionally license, sell, rent, lease, transfer, assign, or otherwise commercially exploit, or otherwise make the Software or Services available to any third party except as provided herein.
4. Services Content
When you use our Software and Services, you provide us with content. If you are car dealer (“Dealer”), your content can include manufacturer’s names, trade-marks, logos and information, information about your dealership, descriptions of sales and promotional offers, vehicle, equipment and services pricing, contest rules and regulations, prizes, artwork and designs, logos, photos, registered and unregistered trade-marks and trade names, employee information, etc. We call data that you upload to our Software and Services “Services Content” and we acknowledge that we don’t own it – your Services Content is owned by you or your third party licensors.
We need your permission to do things like hosting your Services Content, backing it up, using it to manage your use of the Software and Services and fulfilling your requests. For example, our Software and Services will manage your content and submissions. These and other features may require our systems to access, store and scan your Content. We may also use your Services Content to analyze patterns, identify trends and improve our Services. You give us permission to do those things, and this permission extends to trusted third parties we work with.
You are entirely responsible for any Services Content that you make available to us via the Site, Software and Services and you hereby represent and warrant that by providing any Services Content to us: (i) you have all necessary legal rights and authority to provide such Services Content to us; (ii) our use of the Services Content as described in these Terms and as contemplated on the Site will not violate any applicable laws; and (iii) our use of the Services Content in connection with the provision of Software and Services to you will not violate the rights of any third parties.
You additionally represent and warrant that none of the Services Content shall (i) contain any data, information, text, music, sounds, photos, graphics, code or any other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) infringes any patent, trade-mark, trade secret, copyright or other intellectual or proprietary right of any party; (iii) contains any personal information of third parties without the express consent of such person, including without limitation, surname (family name) addresses, phone numbers, email addresses, social insurance numbers/social security numbers and credit card numbers; (iv) contain any viruses, malware, corrupted data or other harmful, disruptive or destructive files; or (iv) expose Strategy Mob, its affiliates or its users to any harm or liability of any type.
Although Strategy Mob has no obligation to screen, edit or monitor any of the Services Content posted to or distributed through any Services or Software, Strategy Mob reserves the right, and has absolute discretion, to remove, screen or edit without notice any Services Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Services Content you post or store on the Site at your sole cost and expense.
5. Responsibility for End Users
Dealers, contributors, vendors, and users of an account, including a Dealer’s employees and contractors (collectively, “End Users”), may access and use the Services and Software in accordance with these Terms. Any Dealer is responsible for use of the Services and Software by its End Users and End Users must use the Services and Software in compliance with the Acceptable Use Policy. End Users will comply with all laws and regulations applicable to Dealer’s use of the Services and Software.
Strategy Mob allows you to download our proprietary applications and games (“Software”). So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to use the Software, solely to access and use the Services for normal business purposes for a period not to exceed thirty (35) days, unless otherwise described in connection with the particular Software. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to copy, modify, duplicate, create derivative works from, frame, mirror, reverse engineer, disassemble, or decompile the Software or Services, attempt to do so, or assist anyone in doing so. You also agree not to access all or any part of the Software or Services in order to build a product or service that competes with the Services or the Software.
8. Submissions; Use of the Site, Software and Services
Strategy Mob expects that you will access and use the Site, Software and the Services in a respectful and responsible manner in accordance with applicable laws. You may have the opportunity to post to the blogs located on the Site or otherwise engage in dialogue with representatives of Strategy Mob and users of the Site (“Site Users”) through on various parts of the Site (“User Areas”). If we provide such User Areas, you are solely responsible for your use of such User Areas and you use them at your own risk.
Strategy Mob welcomes your content, data, information, music, sound, photos, graphics, messages, remarks, ideas, commentary, reviews and other information communicated to Strategy Mob and other Site Users through this Site (collectively, a “Submission”). Of course, you are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading Strategy Mob or other Site Users as to your identity when you are on the Site or otherwise communicating with Strategy Mob. Strategy Mob may also refuse to grant you an ID or user name if such ID/user name is protected by trademark or other intellectual property laws or is unlawful or offensive, as determined by us in our sole discretion.
You further agree that you will use this Site, Software and the Services for lawful purposes only and represent and warrant that you will not use the Site, Software or the Services to:
(a) download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, pornographic, indecent, harassing, threatening, inflammatory, libelous, invasive of another’s privacy or publicity rights, hateful, abusive, or racially, ethnically or otherwise objectionable, including but not limited to any Submission that encourages conduct that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;
(b) download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, trade-secret, or other intellectual or proprietary right of any party, or encourages or enables any other party to do so;
(d) use the Site, the Software, the Services or any Content to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, post, e-mail or otherwise transmit any Submission to the Site, Software or Services that contains software viruses, malware, corrupted data or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any Strategy Mob’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(f) interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(g) use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
(h) use bots or other automated methods to access the Site, Software or the Services, add or download contacts, send or redirect messages, or perform other activities through LinkedIn, unless explicitly permitted by Strategy Mob
(i) access, via automated or manual means or processes, the Site, Software or the Services for purposes of monitoring the Site’s or the Services’ availability, performance or functionality for any competitive purpose;
(j) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site, Software or the Services;
(k) attempt to or actually access the Site, Software or Services by any means other than through the interfaces provided by Strategy Mob such as its mobile application. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Site;
(l) attempt to or actually override any security component included in or underlying the Site, Software or Services;
(m) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site, Software and the Services;
(n) collect or store personal information about other Site Users of the Site or disseminate such personal information through a Submission or otherwise; or
(o) in the sole judgment of Strategy Mob, download, post, e-mail or otherwise transmit any Submission that violates the previous subsections above, restricts or inhibits other Site Users from using the Site or the Services or which might expose Strategy Mob or its affiliates or other users to any harm or liability of any type.
Any breach of the above representations, covenants and warranties may result in termination of your use of the Site, Software and the Services, and, if appropriate, referral to relevant law enforcement authorities. Strategy Mob reserves the right, but has no obligation, to monitor Submissions. Although Strategy Mob has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any User Area, Strategy Mob reserves the right, and has absolute discretion, to remove, screen or edit without notice any Submissions posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Submissions that you post or store on the Site at your sole cost and expense.
Please note that sending us Submissions, you are granting to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to Strategy Mob by you through this Site, Software and the Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you.
In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Strategy Mob or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release Strategy Mob, and its licensees, successors and assigns, from any claims that you could otherwise assert against Strategy Mob by virtue of any such moral rights. Strategy Mob will not treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind. For greater clarity, Strategy Mob also reserves the right, in its sole discretion, to refuse to post any Submission that it receives from you.
(a) Fees and Billing. Fees for Software and Services are listed on the Site in United States dollars. You will require a valid credit card in order to purchase Software and Services from us and you are responsible for providing complete and accurate billing and contact information to Strategy Mob and its third party credit card processor in connection with your transaction. Strategy Mob has no responsibility whatsoever if our third party credit card processor declines your purchase and any disputes arising in connection with your payment shall be between you and such processor.
(b) Refunds. At Strategy Mob, we believe that our products need to have value for our Dealers at all times. This is at the heart of our people and our company. If you want to cancel us because you don’t believe that our Software and Services have delivered value for you (and you can explain why), we will, in our sole discretion, refund your money. Simple as that. We stand behind our Software and Services and we stand with our customers to improve their business. If you do believe that you had value, but you find that we could improve things, tell us. We are happy to hear from you in our comments section or you can always email firstname.lastname@example.org. We promise to listen and make things better.
(c) Downgrades. Your account will remain in effect until it’s cancelled or terminated under these Terms. If there are any other problems related to your payment of fees, we reserve the right to suspend it, reduce access to certain features or information or terminate your access.
(d) Changes. We may change the fees in effect but will give you at least thirty (30) days’ advance notice of these changes via a message to the email address associated with your account prior to the next change.
(e) Territorial Limitations. Regrettably, no resident of the Province of Quebec may purchase Software or Services from us at this time and Strategy Mob hereby refuses to provide any such Software or Services to Quebec residents.
(f) Taxes. You are responsible for all taxes, as applicable. Strategy Mob will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide Strategy Mob with an official tax receipt or other appropriate documentation.
You’re free to stop using our Software and Services at any time. We also reserve the right to suspend or end your access to our Software and Services at any time at our discretion and without notice if, for example, you’re not complying with these Terms, or use the Software and Services in a manner that would cause us legal liability, disrupt the Software or Services or disrupt others’ use of the Software and Services. We reserve the right to terminate and delete your account if you haven’t accessed our Software and Services for six (6) consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
(a) Of End User Accounts by Strategy Mob. If an End User (i) violates this Agreement or (ii) uses the Software and Services in a manner that Strategy Mob reasonably believes will cause it liability or violates any applicable law, then Strategy Mob may request that the Dealer suspend or terminate the applicable End User account. If the End User fails to promptly suspend or terminate the End User account, then Strategy Mob may do so.
(b) Security Emergencies. If there is a Security Emergency, then Strategy Mob may automatically suspend your use of the Software and Services. Strategy Mob will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency. “Security Emergency” means: (i) use of the Software and Services that do or could disrupt the Software and Services, other customers’ or Dealers’ use of the Software and Services, or the infrastructure used to provide the Software and Services and (ii) unauthorized third-party access to the Software and Services.
13. Effects of Termination.
If your rights are terminated by Strategy Mob under any circumstances: (i) your right to use the Software and Services will immediately cease, except as set forth in this section; (ii) Strategy Mob may provide you with access to your account at then-current fees so that you may export your Services Content; and (iii) after a commercially reasonable period of time, Strategy Mob shall delete any Services Content relating to your account.
The following sections will survive expiration or termination of these Terms: 3-10 and 13-18.
Except as described above, everything on the Site, including the Services, the Services Content, the Content, the Software and all Submissions, are provided “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. Strategy Mob expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade. You are solely responsible for any resulting damage to your computer system or loss of data.
Strategy Mob makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Site, the Services, The Services Content, the Software or the Content or their usefulness for your purposes. For greater clarity, Strategy Mob does not represent or warrant that (i) the Site, Services, Services Content, Content or Software will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the Site, Services, Services Content, Content or Software will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components; (iii) the use of the Site, Services, Services Content, Content, or Software will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the Services, Services Content, Content, or the Software obtained through the Site will be accurate, beneficial or reliable; or (v) the quality of any Services, Services Content, Content or Software obtained by you through your use of the Site will meet your expectations. The Services, Services Content, Content and Software may include technical inaccuracies or typographical errors, and Strategy Mob may make changes or improvements at any time.
15. Limitation of liability
In no event shall Strategy Mob, its directors, officers, employees, affiliates, Third Party Providers, agents or advisors be liable to you or any other person or entity for any indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic loss arising from: (i) your use or inability to use the Site, Services, Services Content, Content or the Software obtained through the Site or any site to which you hyperlink from the Site; (ii) any third party claims that the use by you of the Services, Content, Services Content, Software or the Site violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site, Services, Services Content, Content or the Software, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (iv) any damages arising from communications or transactions with other Site Users of the Site, whether through blogs, the Services, Services Content or otherwise, or (v) any other matters relating to this Site, Services, Services Content, Content, Software or any Submissions, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such Strategy Mob had any knowledge, actual or constructive, that you might incur such damages.
(a) Strategy Mob expressly disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. You understand and agree that Strategy Mob’s aggregate liability hereunder for all claims relating to the Services, Services Content, Content, Software or otherwise under these Terms shall be limited to direct damages only and to the lesser of (i) $500 or (ii) the amounts paid by you to Strategy Mob during the past six (6) months. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
You agree at all times to indemnify, defend and hold harmless Strategy Mob, its affiliates, licensors, Third Party Providers, service providers, employees, contractors, agents, directors, officers, successors and assigns (collectively, the “Indemnified Parties”) from and against any claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from (i) your use or misuse (and any End User’s use or misuse) of the Site, the Services, Services Content, Content, Software or from Submissions that you post to, submit or transmit through the Site, Software or the Services; or (ii) your violation (or any End User’s violation) of these Terms or misuse of the Software and Services.
17. Resolving Disputes
(a) Let’s Try To Sort Things Out First.
We want to address your concerns without needing a formal legal case. Before filing a claim against Strategy Mob, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) days of submission, you or Strategy Mob may bring a formal proceeding.
(b) We Both Agree To Arbitrate.
You and Strategy Mob agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
(c) Opt-out of Agreement to Arbitrate.
You can decline this agreement to arbitrate by emailing us at firstname.lastname@example.org indicating your opt-out of this Section of the Terms within thirty (30) days of first accepting these Terms.
(d) Arbitration Procedures.
All disputes arising out of or in connection with these Terms, or in respect of any legal relationship associated with or derived from these Terms, shall be finally resolved by arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario and the language of the arbitration shall be English.
(e) Exceptions to Agreement to Arbitrate.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
(f) No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
(g) Judicial forum for disputes.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Strategy Mob agree that consent to non-exclusive jurisdiction of the courts of Ontario, Canada in respect of any disputes arising under these Terms.
(a) Applicable Law. As mentioned above, these Terms and any action related thereto or related to the Site, Software and Services will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.
(b) Entire Terms. These Terms and any other legal notices, policies and guidelines of Strategy Mob linked to these Terms constitute the entire agreement between you and Strategy Mob relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
(c) No Agency; Third Party Beneficiary. Strategy Mob is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Strategy Mob, you, and relying Third Party Providers.
(d) Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
(e) Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(f) No Waiver. Strategy Mob will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Strategy Mob. No delay or omission by Strategy Mob in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Strategy Mob’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Strategy Mob’s right to subsequently enforce such provision or any other provisions of these Terms.
(g) Headings. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
(h) Modifications. Strategy Mob may revise these Terms from time to time, and we will always post the most current version on our Site. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Site and the Services after the revisions come into effect, you agree to be bound by the revised Terms.
(i) Events Outside of Our Control. Strategy Mob has absolutely no liability to you if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Strategy Mob or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.
Strategy Mob Acceptable Use Policy
Effective Date: October 1, 2015
We are proud of the Software and Services that we offer at Strategy Mob and we expect you to use our Software, Services and our Site responsibly.
You agree not to misuse the Software, Services or the Site in any way. For example, you must not, and nor attempt to do, any of the following:
- collect or harvest any information, including individual or corporate names, from Strategy Mob’s Software and Services, nor to use our Site for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Software and Services except as may be expressly agreed upon by Strategy Mob;
- violate any laws applicable in the jurisdictions applicable to you;
- probe, scan, or test the vulnerability of any Strategy Mob system, network or the Site;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Site;
- interfere with or disrupt any user, host, or network, for example by sending a virus, malware, overloading, flooding, spamming, or mail-bombing any part of the Site;
- access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”);
- send unsolicited electronic communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorization;
- abuse Strategy Mob promotions;
- abuse the Software, Services or Site in a manner that circumvents technical limitations;
- use automated or other means to create accounts in bulk or to access the Software, Services or Site other than by using our official interface and/or APIs;
- republish, reuse or distribute any materials that may be protected by copyright or license agreements without prior express written consent;
- violate the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others; and
- represent that we endorse you or have a relationship with you for any purpose except as outlined in our Terms of Service without our prior express written consent.