NUMBER 1 MOBILE PROTECTION
Acceptance and Modification
1. Acceptance. Please carefully read the representations, warranties, conditions, covenants and agreements set forth below in this agreement (the “Agreement”) as they contain the legal terms that govern your use of Number 1 Mobile Protection (“Number 1 Mobile Protection“) telecommunications service known as “Services”. This Agreement is a binding contract between you (“you”, “your” or the “user”) and Number 1 Mobile Protection and it explains your rights and obligations when you use the Services. In this Agreement “Device” means a mobile phone, smartphone, handset, tablet, laptops, or other devices.
2. Modification. Number 1 Mobile Protection reserves the right to change the terms of this Agreement at any time by publishing the revised Agreement on the Number 1 Mobile Protection website. The revised Agreement shall become effective within thirty (30) days of such publication, unless you expressly accept the revised Agreement earlier by clicking on the accept button (if this option is made available). Your express acceptance or your continued use of the Services after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.n1mp.com.
Privacy Policy
3. Number 1 Mobile Protection’s policies and procedures with respect to its collection, use and disclosure of your personal information are governed by our privacy policy located at www.n1mp.com (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy or as otherwise consented or agreed to by you.
License from Number 1 Mobile Protection
4. Subject to the terms and conditions of this Agreement, Number 1 Mobile Protection hereby grants you a license to using the Services.
5. Unless Number 1 Mobile Protection has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the services or otherwise transfer any part of your rights to use the services.
Your Account
6. During the registration and set-up for your Account, you will be required to provide us with certain information about yourself. Your Password is unique to you alone. Without them, no one can log-in to your Account. You must carefully select your Password so that it cannot be easily guessed by anyone else. You agree to keep your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to anyone else. You are fully responsible for all activities that occur under your account. 7. You represent and warrant to Number 1 Mobile Protection that: (i) all required registration information you submit is truthful and accurate; (ii) that you will maintain the accuracy of such information; and (iii) your use of the services does not violate any applicable laws. You agree to maintain accurate information by providing updates to Number 1 Mobile Protection, as needed. You agree that we may use and rely on any such information provided by you for all purposes in connection with your use of the Services, subject to the Privacy Policy. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate, not current, false, misleading or incomplete, we have the absolute right, in our sole discretion, to terminate or suspend your access to the Services and to your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Number 1 Mobile Protection shall not be liable for any loss or damage arising from your failure to comply with the above requirements.
8. By transmitting, posting, making available, submitting or otherwise communicating your Content to or through the Services, you represent and warrant to Number 1 Mobile Protection that you own, have a license to or otherwise control all of the rights to your content, and that our use of your Content (in accordance with this Agreement) will not infringe or violate the rights of any third party including, but not limited to, any privacy or intellectual property rights, or constitute violation of any applicable law. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content.
9. You shall not have any right to terminate the licenses to your Content granted in this Agreement, nor to seek, obtain, or enforce any injunctive or other equitable relief against Number 1 Mobile Protection in connection with its use of Your Content in accordance with the this Agreement, all of which such rights are hereby expressly and irrevocably waived by you in favor of Number 1 Mobile Protection.
10. WE ARE NOT OBLIGATED TO BACK-UP ANY OF YOUR CONTENT AND YOU ACKNOWLEDGE AND AGREE THAT ANY OF YOUR CONTENT MAY BE DELETED AT ANYTIME. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UP COPIES OF YOUR CONTENT IF YOU DESIRE.
Collection and use of Personal Information
11. Collection of Personal Information: Your use of the Services may involve the collection, use and disclosure of personal information to or by Number 1 Mobile Protection, and by agreeing to this Agreement you consent to Number 1 Mobile Protection ‘s collecting, using or disclosing personal information in order to facilitate the services and for the purposes described in this Agreement and the Privacy Policy. You are responsible for all activities undertaken by you using the Services (including, without limitation, any social networking and personal update features made available through the Services). You should give due consideration before agreeing to have your personal information disclosed to other persons. Personal Information provided by you will be stored on servers operated by or on behalf of Number 1 Mobile Protection in the United States or other countries that may have less protective data protection laws that the region in which you are situated.
Conduct
12. The Services is a mobile devices oriented service. Please remember that any content that you post, submit or otherwise communicate to or through the services is your own responsibility and we expect you to take utmost care to ensure that it remains friendly, courteous, respectful of others and is compliance with this Agreement. You are required to comply with all applicable laws in connection with Your use of the services and such further limitations as may be set forth in this Agreement and in any written or on-screen notice from Number 1 Mobile Protection. You may not use the services for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms Number 1 Mobile Protection, its affiliates, its service providers, suppliers or customers.
13. You agree that you will not use the Services to post, transmit, make available, submit or otherwise communicate any content that: (i) is harmful or obscene; (ii) is defamatory, slanderous, libelous, harassing or abusive other otherwise harasses or advocates harassment of another person; (iii) contains nudity, pornography, excessive violence, or offensive subject matter or contains a link to an adult website; (iv) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous; (v) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of any person or entity; (vi) constitutes “spam”, advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other the Services user; (vii) or contains, or contains links to, files that contain viruses, malware, corrupted files, or any other similar software, programs or files.
14. Number 1 Mobile Protection reserves the right to investigate and take appropriate action against anyone who, in Number 1 Mobile Protection’s sole discretion, violates Section 15. Any use or misuse of the Services in a manner that is disruptive, damaging, unlawful, offensive or intrusive as determined by Number 1 Mobile Protection, in its sole discretion, shall be a breach of the terms of this Agreement, which shall result in Number 1 Mobile Protection terminating this Agreement (and Your Account) in accordance with the sections below.
15. You acknowledge and additionally agree that, in accordance with the Privacy Policy, We reserve the right to disclose any information, including your identity, as necessary to satisfy any legal, regulatory or other governmental request.
Intellectual Property Rights
16. All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the services, and the selection, coordination, and arrangement of such content, are owned by Number 1 Mobile Protection, or its applicable third party licensors, to the full extent provided under applicable copyright laws.
17. All rights in the product names, company names, trade names, logos and designs of Number 1 Mobile Protection or third party products or services that form part of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Number 1 Mobile Protection or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Agreement confers on you any license or right under any patent, copyright or trademark of the Number 1 Mobile Protection or any third party.
Third Party Content and Links
18. The Services may be supported by advertising revenue and may display advertisements and promotions provided by third party partners or providers. The manner, mode and extent of advertising on the services are subject to change without specific notice to you. In consideration for Number 1 Mobile Protection granting you access to and use of the Services, you agree that Number 1 Mobile Protection may place or allow the placement of such advertising on the Services.
19. Using the services may result in the display of results, advertisements or other content that contain(s) hyper-links to or suggestions or results for websites, locations, products, services or activities. Such websites, advertisements, products, services or activities are not created or controlled by Number 1 Mobile Protection (collectively, ‘Third Party Services’), are wholly independent from Number 1 Mobile Protection and as such are intended for convenience only. Number 1 Mobile Protection shall not be responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of Number 1 Mobile Protection. You acknowledge and agree that Third Party Services are not under the control of Number 1 Mobile Protection, are in no way endorsed by Number 1 Mobile Protection and Number 1 Mobile Protection is not responsible for the content, use, accuracy, completeness, usefulness, timeliness, copyright compliance, availability, legality or any other aspect of such Third Party Services. The personal data you may choose to give to the providers such Third Party Services are not covered by the Privacy Policy. Third Party Services may not be available in all languages or in all countries. Number 1 Mobile Protection makes no representation that such Third Party Services are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited, to applicable local laws. Number 1 Mobile Protection, and its licensors, reserve the right to change, suspend, remove, or disable access to any Third Party Services at any time without notice. In no event will Number 1 Mobile Protection be liable for the removal of or disabling of access to any such Third Party Services. Number 1 Mobile Protection may also impose limits on the use of or access to certain Third Party Services, in any case and without notice or liability.
Feedback/Suggestions
20. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the services (collectively, “Submissions”) provided by you to us are solely your submissions and not that of a third party, are non-confidential to you and shall become the sole property of Number 1 Mobile Protection. Number 1 Mobile Protection shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive to and in favor of Number 1 Mobile Protection, your moral rights in and to submissions made by you.
Term and Termination
21. Termination. You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, Number 1 Mobile Protection may limit, suspend, or terminate this Agreement and your use of the Services, prohibit access to the Services and delete your user account, with immediate effect, automatically if we think that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Number 1 Mobile Protection shall effect such termination by providing notice to you to the email address you have provided to, and/or by preventing your access to your user account.
22. Number 1 Mobile Protection reserve the right to terminate this Agreement and the services with you for any reason which may injury the business of Number 1 Mobile Protection including using software from other parties to send messages using the Services or in any manner using the services excessively.
23. Consequences of Termination. Upon termination of this Agreement: (a) all licenses and rights to use the services shall immediately terminate; (b) You will immediately cease any and all use of the Services.
Indemnification
24. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD the Services HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY Number 1 Mobile Protection, IN CONNECTION WITH OR ARISING OUT OF YOUR: (I) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (II) VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY; (III) USE OR MISUSE OF THE SERVICES; OR (IV) YOUR CONTENT.
Disclaimer of Warranties and Limitation of Liability
25. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER; Number 1 Mobile Protection DOES NOT, MAKE ANY WARRANTIES, CLAIMS, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO the Services, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Number 1 Mobile Protection FURTHER DOES NOT REPRESENT OR WARRANT THAT the Services, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Number 1 Mobile Protection WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATIONS MADE THROUGH the Services.
26. Data and Access Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH the Services. BY USING the Services, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION USING the Services MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. Number 1 Mobile Protection IS, AND SHALL, NOT BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS the Services; OR (E) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
27. Specific Disclaimers: YOU ACKNOWLEDGE AND AGREE THAT: (I) the Services CANNOT TRANSMIT COMMUNICATIONS OR OTHER ELECTRONIC REQUESTS TO DEVICES THAT ARE UNREACHABLE (I.E. OUT OF CELLULAR COVERAGE, POWERED OFF, ETC.); AND (II) THAT the Services IS NOT A SERVICE TO BE RELIED UPON AS THE SOLE MEANS OF RECEIVING CRITICAL INFORMATION.
28. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Number 1 Mobile Protection, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE the Services;
(b) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE the Services; OR
(c) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING the Services; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY NUMBER 1 MOBILE PROTECTION FOR ANY REASON.
29. THE LIMITATIONS ON Number 1 Mobile Protection’s LIABILITY TO YOU IN THE FOLLOWING PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
30. NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL Number 1 Mobile Protection’s MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF ONE-HUNDRED US DOLLARS ($100.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.
31. Jurisdiction’s limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
32. Maintenance and Support: Number 1 Mobile Protection is solely responsible for providing any maintenance and support services with respect to the Services , as specified in this Agreement (if at all), or as required under applicable law).
33. Intellectual Property Rights: Number 1 Mobile Protection and you acknowledge that, in the event of any third party claim that the services or your possession and use of the services infringes that third party’s intellectual property rights, Number 1 Mobile Protection and/or you, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Miscellaneous
34. Entire Agreement: This Agreement, together with the Privacy Policy, constitute the entire agreement between you and Number 1 Mobile Protection with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or Number 1 Mobile Protection arising out of fraud or fraudulent misrepresentation.
35. Survival: Any terms and conditions of this Agreement which by their nature extend beyond the termination or expiry of this Agreement shall survive the termination or expiry of this Agreement including, without limitation, the sections shall survive any termination of this Agreement.
36. Governing Law: This Agreement is governed, construed and interpreted by the federal laws of United States of America applicable in the State of Montana without regards to conflict of laws principles. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Montana, United States of America, in respect of any disputes relating to or arising out of this Agreement. The parties specifically disclaim the United Nations Convention on contracts for the International Sale of Goods.
37. Language. The parties have expressly required that this Agreement, any communication and all other contracts, documents and notices relating to this Agreement be drafted in the English language. Les parties ont expressément exigé que la présente convention, la communication et tous les autres contrats, documents et avis qui y sont afférents soient rédigés dans la langue anglaise.
38. Severability: If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) of this Agreement.
39. Headings: The use headings are for convenience only and are not part of this Agreement.
40. Relationship: Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee or agent representative of the other party.
41. Waiver: Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.
42. Assignment: You may not assign any rights or obligations under the Agreement and any assignment shall be ineffective. Number 1 Mobile Protection may assign or delegate all rights and obligations under this Agreement without notice to you.
Should you have any questions concerning this Agreement, contact the Number 1 Mobile Protection at:
Number 1 Mobile Protection
1001 S. Main St. 49
Kalispell MT 59901
USA
Phone +1-406-601-3536
Fax +1-406-601-3537
info@n1mp.com
www.n1mp.com
Effective: December 22, 2018