Terms of Service
Terms of Service
By using the MoBizIQ.com web site ("Service"), all services of MoBizIQ LLC ("MoBizIQ"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
MoBizIQ reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://mobiziq.com/tos-pp.html
Violation of any of the terms below will result in the termination of your Account. While MoBizIQ prohibits such conduct and Content on the Service, you understand and agree that MoBizIQ cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. MoBizIQ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
MoBizIQ will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Term. This Agreement will be in effect from the time that the Service(s) are activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement.
Cancellation. You must cancel your subscription before your monthly renewal date and prior to debiting of funds to MoBizIQ in order to avoid the next billing (each Monthly Period). We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SERVICE PERIODS. MoBizIQ shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services remaining in the Term
Cancellation. All cancellations must be made in writing, via email, to support@MoBizIQ.com. Sending an email to any other MoBizIQ email address shall not constitute as a proper notification of cancellation.
Your Obligations Upon Cancellation. Once an email is sent to support@MoBizIQ.com regarding cancelling your services, a MoBizIQ representative will reach out to you for a close out interview within 48 hours. This exit interview is mandatory to cancelling your services and MoBizIQ will continue to bill your account if your exit interview does not occur within two (2) weeks.
MoBizIQ reserves the right to refuse service to anyone for any reason at any time.
If for whatever reason you are unsatisfied with your mobile application within the first month of service, MoBizIQ guarantees to refund the first month of service with no questions asked. MoBizIQ is backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with MoBizIQ.
MoBizIQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
MoBizIQ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, MoBizIQ may issue an update to the MoBizIQ application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although MoBizIQ will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the MoBizIQ application to create your mobile application, you agree to allow others to view and share your Content.
MoBizIQ does not pre-screen Content, but MoBizIQ and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2017 MoBizIQ LLC All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MoBizIQ.
MoBizIQ may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by MoBizIQ, for your personal and noncommercial use only. MoBizIQ does not transfer either the title or the intellectual property rights to the Software, and MoBizIQ retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant MoBizIQ a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting MoBizIQ, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of MoBizIQ, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All MoBizIQ content included on its site, its Software, and through the Service is the property of MoBizIQ and is protected by U.S. and international intellectual property laws. All MoBizIQ content, Software, code, HTML/CSS, and visual design data is copyright 2017 MoBizIQ LLC All
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only available via email and phone. The technical support email address is support@MoBizIQ.com. Our live phone support hours are available 6am - 6pm PST, Monday through Friday, which can be reached by dialing 1-888-219-6565. Email support is available 24/7.
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that MoBizIQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other MoBizIQ service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MoBizIQ.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MoBizIQ customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
MoBizIQ does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that MoBizIQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MoBizIQ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of MoBizIQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MoBizIQ and govern your use of the Service, superseding any prior agreements between you and MoBizIQ (including, but not limited to, any prior versions of the Terms of Service).
In no event shall MoBizIQ liability to you exceed the amount actually paid to MoBizIQ by you during the preceding 12 months.
Your privacy is critically important to us. At MoBizIQ LLC, we have a few fundamental principles:
• We don't ask you for personal information unless we truly need it. (We can't stand services that ask you for things like your gender or income level for no apparent reason.)
• We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
• We don't store personal information on our servers unless required for the on-going operation of one of our services.
• In our social networking and mobile application products, we aim to make it as simple as possible for you to control what visible to the public, seen by search engines, kept private, and permanently deleted.
MoBizIQ LLC operates several websites including http://mobiziq.com (collectively, the "Websites"), as well as a number of mobile applications on behalf of our customers (collectively, the "Applications"). It is MoBizIQ LLC, policy to respect your privacy regarding any information we may collect while operating our Websites and Applications.
MoBizIQ LLC, collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. MoBizIQ LLC, ' purpose in collecting non-personally identifying information is to better understand how MoBizIQ LLC, ' visitors use its Websites and Applications. From time to time, MoBizIQ LLC, may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Websites or Applications.
MoBizIQ LLC, also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Such information can include location data and information of end users. MoBizIQ LLC, does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Certain visitors to MoBizIQ LLC, Websites and users of MoBizIQ LLC, Applications choose to interact with MoBizIQ LLC, in ways that require MoBizIQ LLC, to gather personally-identifying information. The amount and type of information that MoBizIQ LLC, gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a social network at MoBizIQ LLC to provide a username and email address. Those who engage in transactions with MoBizIQ LLC, – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, MoBizIQ LLC, collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor interaction with MoBizIQ LLC, MoBizIQ LLC, does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Website-related and Application-related activities.
MoBizIQ LLC, may collect statistics about the behavior of visitors to its Websites and users of its Applications. For instance, MoBizIQ LLC, may monitor the most popular social networks on the MoBizIQ LLC site. MoBizIQ LLC, may display this information publicly or provide it to others. However, MoBizIQ LLC, does not disclose personally-identifying information other than as described below.
MoBizIQ LLC, discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on MoBizIQ LLC, behalf or to provide services available at MoBizIQ LLC, Websites and Applications, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MoBizIQ LLC, Websites and Applications, you consent to the transfer of such information to them. MoBizIQ LLC, will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, MoBizIQ LLC, discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when MoBizIQ LLC, believes in good faith that disclosure is reasonably necessary to protect the property or rights of MoBizIQ LLC, , third parties or the public at large. If you are a registered user of an MoBizIQ LLC, Websites or Applications and have supplied your email address, MoBizIQ LLC, may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what going on with MoBizIQ LLC, and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. MoBizIQ LLC, takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.