Terms of Service

Last updated on Sept 29, 2014

MobileSpan, Inc. (“MobileSpan” or “we”) provides a business document access service through our website, accessible at http://www.mobilespan.com, (the “Site”) and our application for mobile devices and computers (the “Application”). The Site and Application are collectively referred to herein as the “Services”. Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at http://www.mobilespan.com/privacy-policy.html. These Terms govern your access to and use of the Site, Application, Services and Content (defined below), and constitute a binding legal agreement between you and MobileSpan.

 

Key Content-related Terms

Authorized User” means an individual who is authorized by a Customer to access and use the Services and for whom a Customer has purchased a subscription to the Services. Authorized Users may include but are not limited to a Customer’s employee and contractors.

Authorized User Content” means Content that an Authorized User posts, uploads, publishes, submits or transmits to be made available through the Services.

Collective Content” means, collectively, MobileSpan Content, Authorized User Content and Customer Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Customer” means the entity that has entered into an agreement with MobileSpan for use of the Services by itself and its Authorized Users.

Customer Content” means Content that a Customer grants permission to MobileSpan to be made available to Authorized Users via the Services.

MobileSpan Content” means Content that MobileSpan makes available through Services, including any Content licensed from a third party, but excluding Customer Content.

Certain areas of the Site and Application (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE APPLICATION OR THROUGH THE SITE, APPLICATION OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR CONTENT.

 

Modification

MobileSpan reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

Using the Services

Via the Services, Authorized Users can access, view, edit and share documents made available via the Application by the Customer with whom the Authorized User’s use of the Services is connected. Authorized Users can also create or upload Authorized User Content via the Services. When you access or use the Application, we will facilitate a connection between the Application and the MobileSpan account of a MobileSpan customer who has granted you access to certain Customer Content. Depending on the restrictions that the applicable MobileSpan customer makes in relation to the Customer Content, you will be able to access, view, edit and share Customer Content, as well as upload Authorized User Content, via the Application.

 

Privacy

See MobileSpan’s Privacy Policy at http://www.mobilespan.com/privacy-policy.html for information and notices concerning MobileSpan’s collection and use of your personal information.

 

Ownership

The Site, Application, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and MobileSpan Content, including all associated intellectual property rights, are the exclusive property of MobileSpan and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or MobileSpan Content.

 

Licenses Granted by MobileSpan to MobileSpan Content

Subject to your compliance with the terms and conditions of these Terms, MobileSpan grants you a limited, non-exclusive, non-transferable license to view, download and print any MobileSpan Content solely for your personal or internal business purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Application or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MobileSpan or its licensors, except for the licenses and rights expressly granted in these Terms.

 

License granted by Authorized User

By making available any Authorized User Content on or through the Site, Services or Application, you hereby grant to MobileSpan a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to such Authorized User Content for the limited purpose of making such Authorized User Content available to the MobileSpan Customer associated with your use of the Site, Application and Services and other Authorized Users of such Customer. MobileSpan does not claim any ownership rights in any Authorized User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Authorized User Content.

You acknowledge and agree that you are solely responsible for all Authorized User Content that you make available through the Site, Services or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Authorized User Content that you make available through the Site, Services or Application or you have all rights, licenses, consents and releases that are necessary to grant to MobileSpan and to the rights in such Authorized User Content, as contemplated under these Terms; and (ii) neither the Authorized User Content nor your posting, uploading, publication, submission or transmittal of the Authorized User Content or MobileSpan’s use of the Authorized User Content (or any portion thereof) on, through or by means of the Site, Services or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Content from Third Party Accounts

As part of the functionality of the Services, you may link your use of the Services with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information to MobileSpan through the Services; or (ii) allowing MobileSpan to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to MobileSpan and/or grant MobileSpan access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating MobileSpan to pay any fees or making MobileSpan subject to any usage limitations imposed by such third party service providers.

By granting MobileSpan access to any Third Party Accounts, you understand that MobileSpan will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through the Services in connection with your use thereof. Unless otherwise specified in these Terms, all Third Party Account Content, if any, will be considered to be Authorized User Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available in connection with your use of the Services. Please note that if a Third Party Account or associated service becomes unavailable or MobileSpan’s access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available via the Services. You have the ability to disable the connection between your use of the Services and your Third Party Accounts, at any time, by deleting the account connection within the mobile app. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. MobileSpan makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and MobileSpan is not responsible for any Third Party Account Content.

 

Application License

Subject to your compliance with these Terms, MobileSpan grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. MobileSpan reserves all rights in and to the Application not expressly granted to you under these Terms.

 

Accessing and Downloading the Application from iTunes

The following applies to any App Store Sourced Application:

· You acknowledge and agree that (i) these Terms are concluded between you and MobileSpan only, and not Apple, and (ii) MobileSpan, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

· You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

· In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MobileSpan and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MobileSpan.

· You and MobileSpan acknowledge that, as between MobileSpan and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

· You and MobileSpan acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between MobileSpan and Apple, MobileSpan, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

· You and MobileSpan acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

· Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application or Services (“Feedback”). You may submit Feedback by emailing us at  hello@mobilespan.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

General Prohibitions

You agree not to do any of the following:

· Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

· Use, display, mirror or frame the Site or Application, or any individual element within the Site, Application or Services, MobileSpan’s name, any MobileSpan trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MobileSpan’s express written consent;

· Access, tamper with, or use non-public areas of the Application, MobileSpan’s computer systems, or the technical delivery systems of MobileSpan’s providers;

· Attempt to probe, scan, or test the vulnerability of any MobileSpan system or network or breach any security or authentication measures;

· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MobileSpan or any of MobileSpan’s providers or any other third party (including another user) to protect the Site, Application, Services or Content;

· Attempt to access or search the Site, Application, Services or Content or download Content from the Site, Application or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MobileSpan or other generally available third party web browsers;

· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

· Use any meta tags or other hidden text or metadata utilizing a MobileSpan trademark, logo URL or product name without MobileSpan’s express written consent;

· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, Services or Content to send altered, deceptive or false source-identifying information;

· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Content;

· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Application or Services;

· Collect or store any personally identifiable information from the Site, Application or Services from other users of the Application or Services without their express permission;

· Impersonate or misrepresent your affiliation with any person or entity;

· Violate any applicable law or regulation; or

· Encourage or enable any other individual to do any of the foregoing.

MobileSpan will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MobileSpan may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MobileSpan has no obligation to monitor your access to or use of the Site, Application, Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MobileSpan reserves the right, at any time and without prior notice, to remove or disable access to any Content that MobileSpan, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Application or Services.

 

Links

The Site, Application or Services may contain links to third-party websites or resources. You acknowledge and agree that MobileSpan is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MobileSpan of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

 

Termination

If you breach any of these Terms, MobileSpan will have the right to suspend or disable your use of the Application or terminate these Terms, at its sole discretion and without prior notice to you. MobileSpan reserves the right to revoke your access to and use of the Site, Application, Services and Content at any time, with or without cause.

 

Disclaimers

THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOBILESPAN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOBILESPAN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOBILESPAN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBILESPAN OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnity

You agree to defend, indemnify, and hold MobileSpan, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services or Collective Content, or your violation of these Terms.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER MobileSpan NOR ANY OTHER person or entity involved in creating, producing, or delivering the Application, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE, Application, Services or Collective Content, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not MOBILESPAN has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.

In no event will MobileSpan’S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBILESPAN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between MobileSpan and you regarding the Site, Services, Application and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MobileSpan and you regarding the Site, Services, Application and Collective Content.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MobileSpan’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MobileSpan may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MobileSpan: (i) via email (in each case to the address that you provide); or (ii) via the Site or Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Dispute Resolution

You and MobileSpan agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MobileSpan are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MobileSpan otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAAin accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and MobileSpan otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MobileSpan submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MobileSpan will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MobileSpan will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if MobileSpan changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@mobilespan.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of MobileSpan’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MobileSpan in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

General

The failure of MobileSpan to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MobileSpan. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

Contacting MobileSpan

If you have any questions about these Terms or any App Store Sourced Application please contact MobileSpan at:

hello@mobilespan.com
MobileSpan, Inc. 
2350 Mission College Blvd, Suite 100 
Santa Clara, CA 95054