OrgMob Terms of Service
The following describes the requirements of OrgMob LLC ("OrgMob", "OrgMob™", "we", "us", and including OrgMob's successors and assigns) for using our software, services, Web sites, and mobile services:
PLEASE READ THE COMPLETE AGREEMENT THAT FOLLOWS
Welcome to OrgMob's Web site, HausAdmin™. These Terms of Service govern: your use of www.orgmob.com, hausadmin.app, and other properties in the orgmob.com domain (such as webapp.orgmob.com, and all others) and co-branded websites (collectively, the "Site"); any OrgMob™ software (expressly including the HausAdmin™ app, as well as any co-branded versions of that app if and when such co-branded are made available), whether downloaded from this Site or obtained elsewhere (the "Software"); and the services made available on the Site or through use of the Software (the "Services"). The Site, Software, and Services may, in the future, display advertisements.
By using the Services or Software or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and any modifications that may be made to the Terms of Service from time to time, and agree to allow advertisements to be displayed while you are using the Site, Software and/or Services.
By clicking "Accept", registering for, and/or using the Service, You are stating that You understand and agree to be bound by all of these terms of Services without exception. The Service is offered to You conditioned on Your acceptance without Your modification of these Terms of Service. If You do not agree to the terms, conditions, and notices of these Terms of Service, You are not granted any rights whatsoever, and you should not use the Services or Software or visit or browse the Site. These Terms of Service constitute a binding legal agreement between you and OrgMob LLC. Please read them carefully before accessing or using the Site, the Software, or the Services.
The Service and Software are licensed, not sold. OrgMob reserves all rights not expressly granted to You in this Agreement. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of compatible personal computers, including mobile devices, solely to use the Service to the extent you have the right to access the Service. (As examples of compatibility, iOS apps may not be loaded onto Android devices and Android apps may not be loaded onto iOS devices.) Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
The Service and Software are protected by applicable intellectual property laws, including copyright, trade secret, and other intellectual property laws and international treaties. OrgMob and its licensors own the title, copyright, and other intellectual property rights in the Service and Software. OrgMob is a trade name, and HausAdmin is a trademark, of OrgMob LLC. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of OrgMob LLC. Any trademarks not owned by OrgMob LLC that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OrgMob LLC. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, are the property of OrgMob LLC, its licensors, or its product suppliers, and are protected by United States and international copyright laws. This agreement does not grant You any rights to trademarks or service marks of OrgMob. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
The Site, the Software, and the Service, by their nature, enable 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. The Site and Services may also allow you to post data, text, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible only to you and other members specifically designated by you ("Private Content").
The Services may also, in the future, allow you and other third parties to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible by visitors to and members of the Site ("Public Content"); (Public Content and Private Content are referred to, collectively, as "User Content"). All User Content, whether publicly posted on or privately transmitted via the Site, the Software, or the Services, is the sole responsibility of the person from whom the User Content originated and not of OrgMob, or its members, directors, officers, or employees.
If and when the Services enable you to post Public Content, if you do post such Public Content, such posting is your agreement by which you grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
OrgMob may review and delete any User Content, in whole or in part, that in the sole judgment of OrgMob violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will OrgMob or its members, directors, officers, or employees be held liable for any loss or damage caused by your reliance on User Content obtained through the Site, the Software, or the Services. It is your responsibility to evaluate the User Content available through the Services, the Software, or the Site. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any User Content.
Except as provided in our Privacy Policy, OrgMob will not disclose your Private Content to third parties without your express written permission, or where we believe, in good faith, that the law requires us to disclose the information. If you use our Site, Software, or Services to send, email, or otherwise transmit any of your User Content to a third party, you grant to OrgMob a royalty-free, world-wide, transferable license to use and reuse your User Content (or any portions or derivative works thereof) for such purpose. OrgMob and its Partners reserve the right to display advertisements in connection with your User Content and to use your Public Content for advertising and promotional purposes. For more information on User Content, please review our Privacy Policy. You are responsible for your own User Content on the OrgMob Site and the consequences of posting or publishing it.
By uploading User Content to the OrgMob Site, you hereby represent and warrant that:
The Site, the Software, and the Services are for the personal use of members.
You agree not to use the Site, the Software, or the Services to:
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.
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms of Service. While we prohibit offensive and unlawful conduct and content on our Site, you understand and agree that OrgMob is not responsible nor is it liable for the User Content posted on the Site. You may be exposed to such materials and agree to use the OrgMob Site at your own risk. OrgMob reserves the right to discontinue any aspect of the OrgMob Site at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
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.
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.
The Site, Software, and Services may, in the future, display advertisements. We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ORGMOB IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services.
We may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Threads (collectively, "Social Media Pages"), to provide a place for the public to learn more about OrgMob, HausAdmin, and other services, and to share comments. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of OrgMob. All visitors to our Social Media Pages must comply with the respective social media website's Terms of Service. We review some but not all postings to Social Media Pages, and may remove postings that we determine are inappropriate or offensive.
The Software, like many mobile apps, contains a feature that would permit OrgMob and/or your preferred app marketplace to automatically update to incorporate new versions of the Software. If you do not enable this feature, and neglect to install updates or new versions of the Software, your copy of the Software may not operate correctly. The Software also contains a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your Subscription to use the Services. You acknowledge that upon the expiration of your Subscription, and if OrgMob has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to some or all of the Services and data made with or stored using the Software. The Software may contain a function to disable itself when not running on an authorized device. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
Use of the Service requires the payment of fees from You to OrgMob, as more fully described to you when downloading and installing the app Software or when first logging into the Site, and when establishing a Subscription. Paid-for parts of the Service require logging in to the Service and are licensed on a subscription basis ("Subscription"), 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.
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. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third-party payment provider (for example, Apple or Google), as applicable, will endeavor to provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated third-party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Payment Options. Most purchases of Subscriptions through the Site, Software, or Services, or through our designated third-party payment provider, will require a valid, accepted credit card or other payment method that we, or our designated third-party payment provider, as applicable, in our or their sole discretion, elect to accept as payment.
Payment Terms. For purchases of Subscriptions through the Site, Software, or Services, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account or your account with our designated third-party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Site, Software, or Service while your new payment information is being verified. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
Cancellations. You may delete your User Content at any time via the Software or Service. You may cancel the Subscription and the Service at any time via the payment method you used to establish Your Subscription 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. We, or our designated third-party payment provider, as applicable, reserve the right to refuse or cancel any purchases or attempted purchases at any time in our sole discretion. Further, we, or our designated third-party payment provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SERVICE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL AND THERE ARE NO REFUNDS.
Recurring Billing. Subscriptions consist of an initial purchase price, entitling you to use the Service for an initial period, for which purchase price there is a one-time charge, followed by recurring periodic charges as agreed to by you. By entering into these Terms of Service, you acknowledge that your Subscription, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Subscription. WE, OR OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDER, AS APPLICABLE, MAY SUBMIT THE AGREED PERIODIC CHARGES (E.G., EVERY THREE MONTHS, EVERY SIX MONTHS, EVERY YEAR, ETC.) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDER, AS APPLICABLE.
Auto-Renewal; Cancellation of Subscriptions. Unless cancelled as described above, your Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Subscription term originally selected by you. You may prevent the renewal of your Subscription at any time during the term of Subscription, including any renewal period, by cancelling the Service via the third-party payment provider you used to establish your Subscription.
Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider. Notwithstanding this clause, in certain markets our Software and Service may be priced using another currency.
Taxes. Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, "Sales Taxes"). In the event that Sales Taxes apply, we, or our designated third-party payment provider, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.
By registering for any Service or maintaining an account, you agree that you are at least 18 years old, or, if you are not 18 years old, that you are such User's parent or legal guardian and that you have authorized such User's registration and purchases. You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Site, Services, or the Software (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, the Site, or the Software. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User Content (as defined in Section 3) violates the rights of third parties; or (d) protect the rights, property, or personal safety of OrgMob, its users, or the public.
You may become a registered User of the Site, Software, and Services for the then-current purchase price. As a registered User, for that purchase price you will have the ability to participate in the features and functionality available at the Site or as part of the Software and Services for an initial period of use. In order to continue to access the full features and functionality (including, if and when advertising is offered in the future, a no-advertisement version of the Site Software and/or Services), you will need to become a subscriber to the Site, Software, and Services for a recurring fee for a specific duration of permitted use (each, a "Subscription"). Descriptions of the current Subscription offers and associated fees are available to you at the Site or through the Software. If you choose not to purchase a Subscription, as a non-subscribing registered User you will still be able to use the Service and the Software, but you will only have the ability to participate in a few of the features and functionality available at the Site or as part of the Software and Services. We reserve the right to adjust the periodic fees or terms of our Subscriptions at any time for any reason; provided that once you are a subscriber, the fees shall be charged in accordance with your subscription terms, subject to adjustment only at the end of the committed subscription period. The Subscription policies that are made available to you in connection with your decision to become a subscriber are deemed part of these Terms of Service and are incorporated by this reference. In order to be able to purchase a Subscription, you must, in addition to the requirements herein, register with us or our designated third-party payment provider with a valid, accepted, credit card or other payment method that we, in our sole discretion, elect to accept as payment.
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 https://www.orgmob.com/privacy.jsp, describes how we manage information about You and is incorporated by reference into these Terms of Service. Any information, including User Content, submitted on the Site or the Services, or via the Software, is subject to that Privacy Policy, the terms of which are incorporated into these Terms of Service. Please review our Privacy Policy carefully.
You agree to indemnify, hold harmless, and defend OrgMob, and its members, officers, directors, employees, agents, or affiliates, at Your expense, from any and all third-party loss, liability, claim, action, proceeding, demand, and suit brought against OrgMob or any of its members, 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 members, officers, directors, employees, agents, or affiliates, arising out of, resulting from, or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use, modification, misinterpretation, misuse, or reuse by You of the Software, the Site, the Service, or Content, including without limitation these Terms of 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.
By using the Site or the Services, You consent to receiving electronic communications from OrgMob. These communications will include notices about Your account and information concerning or related to the Services. 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. You agree that any notice, agreements, disclosure, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. OrgMob is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Service compose the entire agreement between You and OrgMob and supersede all prior agreements between the parties regarding the subject matter contained herein.
The Site, the Service (including all Content), and the Software are provided "as is". OrgMob makes no, and expressly disclaims, any and all, warranties, claims, or representations of any kind, either express, implied, or statutory, with respect to the Software, the Services, the Content, the Site, or any contents therein, including warranties of quality, accuracy, authenticity, performance, title, 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. In addition, OrgMob does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current. 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. OrgMob assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the Service.
ORGMOB AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', MEMBERS', EMPLOYEES', AND AGENTS' LIABILITY UNDER THESE TERMS OF SERVICE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU. ORGMOB AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, SPECULATIVE, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTIONS, 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. ORGMOB AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', MEMBERS', EMPLOYEES', AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, PREMIUM SUBSCRIPTIONS, OR THESE TERMS OF SERVICE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED TEN U.S. DOLLARS (US$10). EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF SERVICE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF 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.
From time to time, OrgMob may post, publish, distribute, present for download, or otherwise make available Beta versions or portions of its Site, Service, or Software ("Beta Software") for public use. Beta Software may be identified as Beta, Beta 2, Beta 3, Public Beta or other name in the Site, Service, or Software. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software, you are encouraged, but not required, to identify potential errors and improvements ("Feedback"). You hereby grant OrgMob the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, Site, or Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the Beta Software. Furthermore, OrgMob is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software.
These Terms of Service will remain in full force and effect while You use the Site, Services, or Software unless otherwise terminated as set forth in this section. You can let Your account lapse by terminating Your subscription with the designated third-party payment provider. Our Privacy Policy describes how to delete your personally identifiable data. You agree that OrgMob, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, the Software, and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if OrgMob believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, including failing to deliver payment for any Subscriptions purchased by you within the required time.
OrgMob may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, the Services, or the Software may be effected without prior notice, and you acknowledge and agree that OrgMob may immediately deactivate or delete your account and all related information and User Content in your account and bar any further access to such information or to the Site or the Services. You agree that OrgMob shall not be liable to you or any third party for any modification or termination of your access to the Site or the Services, or for your inability to recover any User Content.
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.
We reserve the right to modify these Terms of Service at any time and in any manner at our sole discretion, including the right to charge for the Software or Services. Notice of any modification of these Terms of Service will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, the Services, or the Software to determine whether a change has been made to these Terms of Service. If you do not agree to any changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software, and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Service.
In the event that you have a dispute with one or more users of the Site or the Services, you release OrgMob (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
OrgMob respects the intellectual property rights of others, and requires that the people who use the Software, the Site, and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Service and to terminate a user's account.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
OrgMob LLC
1532 Diamond St.
San Francisco CA 94131 USA
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
When use of Our software is mediated by certain application marketplaces (for example by purchase, download, or in-app purchase), then application marketplace-specific conditions may apply.
The following definitions apply to this Apple App Store-specific section of OrgMob's Terms of Service:
"Apple" means Apple Inc. or any subsidiary or other authorized representative of the company.
"EULA" means these terms of service agreed to by You and OrgMob.
"Licensed Application" means any application software from OrgMob, expressly including HausAdmin, that you download from the Apple App Store.
If You downloaded OrgMob Software via the Apple App Store, then the following terms and conditions apply and supersede any conflicting clause in this agreement between You and OrgMob:
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. OrgMob's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
These Terms of Service shall be governed in all respects by and construed under the laws of the state of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and 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. Any controversy or claim arising out of or relating to these Terms of Service, the Services, the Software, the Products, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, the Software, or the Services, you consent and submit to the exclusive and personal jurisdiction and venue of the state and federal 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. For purposes of clarity, OrgMob prohibits the use or access of the Service or the Software in or from any of the following countries or regions: Afghanistan, Belarus, China, Cuba, Iran, North Korea, Russian Federation, Sudan, Syria, or the Crimea, Luhansk, or Donetsk regions.
Any translation of these Terms of Service, 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 these Terms of Service 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 these Terms of Service and all related documents be drafted in English. Les parties ont exigé que les présentes conditions de service 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.
"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.
"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.