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Last updated: 2024 Apr 8


ORGMOB TERMS OF SERVICE

The following are the terms and conditions for use of the OrgMob service described herein (the "Service") between OrgMob LLC ("OrgMob", "we", "us"), its successors, and assigns and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. By clicking "Accept", registering for, and/or using the Service, You are stating that You understand and agree to be bound by all of the Agreement. The Service is offered to You conditioned on Your acceptance without modification of the Agreement. If You do not agree to the terms, conditions, and notices of this Agreement, You are not granted any rights whatsoever.

  1. DEFINITIONS

    "OrgMob", in addition to denoting the company, also describes the products and/or services that are licensed and/or sold by the company using various trademarks and service marks, including but not limited to HausAdmin™.

    "List" means a group of one or more OrgMob users who share information specific to the list, as well as any data comprising that list. A List is formed by a single user, who can invite other users to join. All users in a list have the same rights to modify data and invite other users to join. A user cannot delete a list, but he or she can leave it.

    "License" means the license that OrgMob gives You to use OrgMob's Service, conditioned on Your acceptance of the Agreement as defined herein as well as any fees charged for the Service.

    "Service" means use of OrgMob's service, whether or not logged in, use of OrgMob software, and their use to cause communication, whether to people or machines, via any means, including but not limited to wireless data communication, Internet communication, data synchronization, and email.

    "Software" means any software provided by OrgMob to You, whether for use on a personal computer, mobile telephone, tablet, or any other device, regardless of how the software is transmitted from OrgMob, and regardless of whether there is an intent for the Software to reside on a computing or storage device temporarily or longer, unless when acquiring such software from Us, including via an intermediary such as a mobile application store, a different license is attached to the software, regardless of whether or not that license is explicitly Our license. If these Terms of Service apply to Software, then they also apply to any update of that Software.

    "Subscription" means an agreement between You and OrgMob for You to pay OrgMob for use of the Service, whether on an automatic or ad hoc basis.

  2. RESERVATION OF RIGHTS AND OWNERSHIP

    The Service and Software are licensed, not sold. OrgMob reserves all rights not expressly granted to You in this Agreement. The Service and Software are protected by copyright, trade secret, and other intellectual property laws. OrgMob and its licensors own the title, copyright, and other intellectual property rights in the Service and Software. This agreement does not grant You any rights to trademarks or service marks of OrgMob.

  3. CONDUCT AND USER GENERATED CONTENT

    The Service, by its nature, enables the sharing of user generated content including, but not necessarily limited to, list data, messages to other users with whom a list has been shared, invitations to other users to share a list, and invitations to others to use the Software and/or Service.

    You agree that You will use neither the Service nor the Software to transmit content that contains:

    Transmission of any such prohibited content on Your part may result, at OrgMob's sole discretion, in the termination of Your access to the Service and Software as described in the section of this Agreement governing its termination, as well as responsibility for any damages, liability, legal fees, and repair costs resulting from such prohibited behavior that are beyond the indemnification described elsewhere in this agreement.

    If You believe that You have been the recipient of such prohibited conduct or content, then please send an email to abuse@orgmob.com so that we may follow up on Your complaint. We will investigate the complaint and respond to You with an explanation of our steps to address Your complaint.

  4. ACCESS TO SERVICE

    To access the Service, You are responsible for providing, at Your expense, any access to the Internet and any required equipment, such as, but not limited to, for example, a personal computer, a mobile device, data charges for a mobile device, and Internet access fees for a personal computer. OrgMob may at any time change or discontinue any aspect, availability, or feature of the Service.

  5. PAYMENT

    Use of parts of the Service may require the payment of fees from You to OrgMob. Paid-for parts of the Service require logging in to the Service and are licensed on a subscription basis, starting at the point You agree to the Subscription, which includes setup of a mobile application to register an account with Us, and any use enabled by that registration in addition to any subscription extension, whether for a defined or indefinite period of time. You may cancel the subscription at any time and We will stop billing You at the next scheduled payment date. Non-payment of a subscription fee is grounds for immediate termination of Service. In the event OrgMob grants You access to the Service beyond a subscription expiration, no further rights are conferred to You.

    OrgMob may change its fees and payment policies for the Service from time to time. The changes to the fees or payment policies are effective upon Your acceptance of such changes. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason. In the event You owe OrgMob any amount, OrgMob reserves the right to seek collection of any amount unpaid, including collection expenses (which may include attorneys' fees) incurred by OrgMob. Collection expenses may be charged to the billing mechanism associated with Your account.

  6. USER INFORMATION AND SECURITY

    To register for the Service, You must complete the registration process by providing OrgMob with current, complete and accurate information as prompted by the registration form, including Your e-mail address (user name) and password. You are the only person authorized to use Your user identification ("ID") and You are responsible for maintaining the confidentiality of Your user ID and password, except if You choose to provide that information to OrgMob's authorized technical support personnel to assist You. You are solely responsible for any and all activities that occur under Your Account. You agree to notify OrgMob immediately upon learning of any unauthorized use of Your Account or any other breach of security. OrgMob will not disclose Your password if You lose or forget it but may send You an email to allow You to reset it.

    Our privacy policy, available at http://www.orgmob.com/om/privacy.jsp describes how we manage information information about You and is incorporated by reference in this Agreement.

  7. INDEMNIFICATION

    You agree to indemnify, hold harmless, and defend OrgMob, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against OrgMob or any of its officers, directors, employees, agents, or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by OrgMob or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, or (iii) Your violations of applicable laws, rules, or regulations in connection with the Service. In such a case, OrgMob will provide You with written notice of such claim, suit, or action. You shall cooperate as fully as reasonably required in the defense of any claim. OrgMob reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

  8. CONSENT TO DO BUSINESS ELECTRONICALLY

    You agree that OrgMob may communicate with You via the email address You enter as Your user identification. You agree that any fees paid by You to OrgMob may be levied electronically via a billing mechanism that You associate with Your account.

  9. DISCLAIMER OF WARRANTIES

    The Service is provided "as is" and there are no warranties, claims, or representations made by OrgMob, either express, implied, or statutory, with respect to the Service, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. OrgMob does not warrant that the Service, the Software, or any data output will meet Your needs or be free from errors, or that the operation of the Service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the Service.

  10. LIMITATION OF LIABILITY AND DAMAGES

    OrgMob will not be liable to You or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if OrgMob has been advised of the possibility of such damages.

  11. SERVICE LEVELS

    OrgMob makes commercially reasonable efforts to ensure the availability of its Service. The Service may occasionally be unavailable for maintenance. OrgMob shall be excused from performance to the extent that performance is blocked, prevented, or delayed by causes beyond its reasonable control.

  12. TERM, TERMINATION, AND MODIFICATION

    This Agreement shall continue until terminated by either party or until the Agreement is amended by OrgMob. OrgMob reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at http://www.orgmob.com/om/tos.jsp (or such other location as OrgMob may provide). Once the agreement is amended, You may either agree or disagree to the new Agreement. Your disagreement to an OrgMob amendment to the terms of service terminates this Agreement immediately.

    No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of OrgMob, (ii) You accept updated terms online, or (iii) You continue to use the Service after OrgMob has posted updates to the Agreement or to any policy governing the Service.

    Either party to the Agreement may terminate it at any time and for any reason. Your rights under this agreement may be terminated by OrgMob immediately and without notice if You fail to comply with any term or condition of this Agreement. Upon such termination, You must immediately cease using the Service. Any termination of this Agreement shall not affect OrgMob's rights.

  13. SEVERABILITY, APPLICABLE LAW, VENUE, EXPORT, LANGUAGE, MISCELLANEOUS

    This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between OrgMob and You concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Any change of terms by OrgMob must be in writing signed by an authorized officer of OrgMob and explicitly reference the applicable provisions of the Agreement.

    This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Francisco County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

    You may not use the Service or otherwise export the Software except as authorized by United States law and the laws of the jurisdiction in which the Service was used or the Software obtained.

    Any translation of this license, including any portion incorporated by reference, is done for local requirements or convenience. In the event of a dispute between the English and non-English versions, the English version of the License shall govern. If You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

    If You believe that there is an issue with our compliance with applicable laws, rules, or regulations, then please send an email to compliance@orgmob.com so that we may investigate the issue.

    Headings are included for convenience only, and shall not be considered in interpreting this Agreement.


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