This agreement describes your rights and responsibilities. Please read it carefully.
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.mobilitymvmnt.com website (the "Service") operated by Mobility MVMNT International ("us", "we", or "our").
The use of this Service is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Your use of this Service acknowledges your agreement to be bound by these Terms. If you do not agree to these terms and conditions, in whole or in part, do not use the Service.
Mobility MVMNT International, in its sole discretion, reserves the right at any time to alter these Terms and Conditions. Further, Mobility MVMNT International, in its sole discretion, may change, discontinue or eliminate any content or feature of the Service and may change fees or charges for use of the Service. Be sure to review these Terms periodically to ensure familiarity with the most current version.
Code of Conduct
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Mobility MVMNT International or third parties. All Content on the Service is copyrighted as a collective work of Mobility MVMNT International pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the personal, noncommercial use of the registered subscribers of the Service.
You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms. Content consisting of downloadable software may not be reverse engineered.
You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written permission of Mobility MVMNT International.
Registration for Subscription Services
You must be 18 years of age or older to subscribe to this Service. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
Your subscription (whether a free trial or paid) provides unlimited access to the basic Service and other premium options for an individual user whose identity must be ascertainable by a unique email address. You may not share your username and password with any other person(s) and you acknowledge that you are responsible for any and all activity conducted through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity without appropriate authorization or a name that is otherwise offensive, vulgar or obscene.
Payment, Cancellation and Renewal
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly, semi-annual and annual basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions until you notify Mobility MVMNT International of your decision to terminate your Subscription, either through your online account management page or by contacting Mobility MVMNT International customer support team, and Mobility MVMNT International acknowledges the same. Termination takes effect within 10 business days after acknowledgment by Mobility MVMNT International of your notification. Subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
You agree to pay all fees and charges incurred in connection with your Subscription to the Service (including any applicable taxes) at the rates in effect when the charges are incurred. Overdue payments will be subject to interest at a rate of 24% per annum. You agree to pay all amounts due upon demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all legal and collection agency fees.
A valid credit card is required to process the payment for your Subscription. All payments are processed through a third party, Stripe Inc. (“Stripe”). You shall provide Stripe with accurate and complete billing information including full name, address, state/province, zip code/postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mobility MVMNT International and Stripe to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Mobility MVMNT International or Stripe will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Mobility MVMNT International, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Mobility MVMNT International will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Mobility MVMNT International may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Mobility MVMNT International until the Free Trial has expired. On the last day of the Free Trial period, unless you notified Mobility MVMNT International of your intention to terminate your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Mobility MVMNT International reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Links To Other Web Services
The Service may contain links to other internet web services or resources. Mobility MVMNT International neither controls nor endorses such other web services, nor have we reviewed or approved any content that appears on such other web services. You further acknowledge and agree that Mobility MVMNT International shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Mobility MVMNT International, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs (including reasonable legal fees), actions or demands or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any services related to the Service. This indemnification extends to and includes any legal fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision.
Limitation Of Liability
Mobility MVMNT International, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The sole and exclusive remedy for dissatisfaction with the Service and/or content contained within the Service is to stop using the Service. The sole and exclusive maximum liability to Mobility MVMNT International for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Service.
Disclaimer And Non-Waiver of Rights
Mobility MVMNT International makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Mobility MVMNT International its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Saskatchewan and the laws of Canada, as applicable. The parties agree to the exclusive jurisdiction of the courts of the Province of Saskatchewan.
If you breach any of these Terms and Mobility MVMNT International chooses not to immediately act, or chooses not to act at all, Mobility MVMNT International will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Mobility MVMNT International does not waive any of its rights.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
If you have any questions about these Terms, please contact us.
Last Revised: 2019-11-28