Terms of Service
We offer you the FriendMobilizer application, as well the use of this website
and the forums, on the condition that you agree to the following terms:
Acceptance
The following legal terms and conditions govern your use of the applications, information, materials and documents being made available to you (the "Materials"). BY REGISTERING AT THIS WEBSITE AND DOWNLOADING FRIENDMOBILIZER, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE "TERMS OF SERVICE").
Please review these terms carefully. If you do not agree to these Terms of
Service please do not signup, do not download the FriendMobilizer application,
and leave this website immediately.
We reserve the right, at our discretion, to update or revise these Terms of
Service at any time. Please check the Terms of Service periodically for
changes. Your continued use of the Materials following the posting of any
changes to the Terms of Service constitutes acceptance of those changes.
Provided you comply with these Terms of Service, Macrospecs, Inc. grants you a nonexclusive, non-transferable license to use this website and the FriendMobilizer application solely for your own personal non-commercial use.
The Materials, including the FriendMobilizer application, are provided “as is” with no warranties or guarantees, and you use them at your sole risk. Macrospecs, Inc. does not guarantee the accuracy of the description of this application. Without limitation, Macrospecs, Inc. makes no warranty that the FriendMobilizer application will meet your requirements, that it will be uninterrupted, timely, secure or error-free, that the results obtained from the use of this application will be accurate or reliable, or that the quality of the Materials will meet your expectations.
Macrospecs, Inc. currently provides FriendMobilizer free of charge. However,
Macrospecs, Inc. still reserves the right to change this policy in the future
without any prior notice.
Electronic Delivery Policy and Your Consent
By using the Materials, you consent to receive from Macrospecs, Inc. all
communications, including notices, agreements, legally required disclosures or
other information in connection with the Materials (collectively,
"Notices") electronically. Macrospecs, Inc. shall provide such
electronic Notices by posting them on this website. You understand and agree
that Macrospecs, Inc. transacts with users like you in electronic form only. If
you desire to withdraw your consent to receive Notices electronically, you must
discontinue your use of the website and FriendMobilizer application.
Your License to Macrospecs, Inc.
Should you provide Macrospecs, Inc. with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and Macrospecs, Inc. assumes no obligation to protect such information from disclosure. The submission of such information to Macrospecs, Inc. shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Macrospecs, Inc. for any purpose whatsoever and by such submission you (i) grant to Macrospecs, Inc. the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by Macrospecs, Inc. will not infringe or violate the rights of any third party.
Responsibilities/Restrictions
You are responsible for procuring and maintaining at your own expense the
necessary wireless devices for use with the FriendMobilizer application. You
agree that you will use FriendMobilizer solely for your own personal use and
that you will not resell or otherwise attempt to transfer FriendMobilizer to
another person or entity. You may not use FriendMobilizer for any illegal,
unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any
manner that is inconsistent with these terms of service.
You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials. You may not modify, adapt or translate the FriendMobilizer application. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the FriendMobilizer application.
No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN FRIENDMOBILIZER, OR AUTHORIZE ANY PORTION OF FRIENDMOBILIZER TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S DEVICE.
You do not receive any, and Macrospecs, Inc. and its
licensors retain all, ownership rights in the Materials. You may not alter or
remove any copyright notice or proprietary legend contained in or on the
Materials. Nothing contained herein shall be construed as granting you a
license under any copyright, trademark, patent or other intellectual property
right of Macrospecs, Inc. or any third party, except for the right of use
license expressly set forth herein.
Wireless Costs
You acknowledge that when you use the FriendMobilizer
application, your wireless carrier may charge you standard fees for messaging
and other wireless access and that you, and not FriendMobilizer, will be
responsible for such charges. You agree to check with your carrier to verify
whether there are any such fees that may apply to you. If you subscribe to any
messaging services from FriendMobilizer that use short messaging service
features on your wireless application, you understand and agree that your
subscription to such messaging services will continue until you take
affirmative steps to discontinue the subscription.
Disclaimers about FriendMobilizer
Application
You understand and agree that FriendMobilizer may be supported by advertising,
which may accompany the FriendMobilizer application delivered to you. Certain
advertising may be customized based on your area code, location, gender,
Facebook interests, and Facebook activities.
Macrospecs, Inc. shall not be responsible for any misuse of FriendMobilizer
application while driving. Macrospecs, Inc. cannot guarantee the security of
FriendMobilizer or the transmission of data or information to and from
Macrospecs’ servers and to and from Facebook’s
servers. Macrospecs, Inc. does not guarantee the accuracy or completeness of
any information provided through FriendMobilizer.
FriendMobilizer may not be available at all geographic locations and at all
times. Temporary interruptions of the FriendMobilizer application may occur
from as normal events. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF
FRIENDMOBILIZER. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THESE TERMS
OF SERVICE, IN NO EVENT WILL MACROSPECS, INC, ITS LICENSORS, SUPPLIERS, AGENTS
OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE FRIENDMOBILIZER
application.
No Warranties
THIS WEBSITE, APPLICATION AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN
"AS IS" AND "AS AVAILABLE" BASIS. MACROSPECS, INC., ITS
LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE, APPLICATION, AND MATERIALS
ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND
THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF
SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR
NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MACROSPECS, INC., ITS AFFILIATES
OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR
EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE
LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website, application, and Materials is at YOUR OWN RISK and Macrospecs,
Inc. is under no obligation to provide you with any support, error corrections,
updates, upgrades, bug fixes and/or enhancements of the website, application,
and Materials.
Please note that the Materials may include technical inaccuracies or
typographical errors.
Macrospecs, Inc. has the right at any time to change, modify, add to or
discontinue or retire any aspect or feature of the website or Materials,
including, but not limited to, the software, content, hours of availability,
equipment needed for access or use, or the availability of the website or
Materials on any particular device or communications service. Macrospecs, Inc. has no obligation to provide you with notice
of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MACROSPECS, INC., ITS PARENT, AFFILIATES,
DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS
(COLLECTIVELY, MACROSPECS, INC.) BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF,
MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE, THE APPLICATION, OR
THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA,
BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF THE MACROSPECS, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. MACROSPECS, INC’s LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL MACROSPECS, INC. BE HELD RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO
HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES AND SERVICES
LINKED TO OR FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall the Macrospecs,
Inc. be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, mobile device failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Indemnification
Upon a request by Macrospecs, Inc, you agree to defend, indemnify, and hold
harmless Macrospecs, Inc. from all liabilities, claims, and expenses, including
attorney's fees that arise from your violation of these Terms of Service or
your use or misuse of the Materials or this website. Macrospecs, Inc. reserves
the right, at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will
cooperate with Macrospecs, Inc. in asserting any available defenses.
Disclaimer of Endorsement
Reference herein or on the website and application to any products, services,
processes, hypertext links to third parties or other information by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply its
endorsement, sponsorship or recommendation by Macrospecs, Inc.. Product and
service information are the sole responsibility of each individual vendor.
International Use
Macrospecs, Inc. makes no representation that the Materials are appropriate or
available for use in locations outside the
Termination
Macrospecs, Inc. reserves the right, in its sole discretion, to terminate your
access to the Materials, including the FriendMobilizer application, or to all
or part of this website, with or without notice.
Choice of Law And Forum
Every provision of these Terms
and Conditions will be construed, to the extent possible, so as to be valid and
enforceable. If any provision of these Terms and Conditions so construed is
held by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, such provision will, to the extent so held, be deemed severed
from these Terms and Conditions, and all other provisions will remain in full
force and effect. Any and all disputes relating to these Terms and Conditions,
the Site, your use thereof, or the Content (collectively, "Disputes")
are governed by, and will be interpreted in accordance with, the laws of the
state of California, without regard to any conflict of laws provisions. Any
Dispute will be venued in a state or federal court
situated in the
These Terms of Service constitute the entire agreement between you and Macrospecs, Inc. with respect to the Materials and this website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.