Mobilist Terms and Conditions

Ocean Learning, Inc., owner of Mobilist.app ( the website) and Mobilist Team Member App (the mobile app), collectively known as Mobilist Services,  provides Mobilist Services to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using Mobilist Services, you accept and agree to be bound by these Terms, Mobilist Service’s Privacy Policy and Mobilist Services Cookie Policy. If you do not agree to these Terms, you should not access or use Mobilist Services. In addition, when accessing Mobilist Services, you will be subject to any posted guidelines or rules applicable to Mobilist Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

1. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Mobilist Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

2. Changes to Website and Mobile App. We may change or discontinue any aspect, service or feature of the Website and or Mobile App at any time, including, but not limited to, content, availability, and equipment needed for access or use.

3. Registration. Your use of Mobilist Services requires supplying certain “User” information. Mobilist Services use of the information you provide in accordance the Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on Mobilist Services so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website and Mobile App and all charges related to the same.

4. User Content Guidelines. The following terms apply to content submitted by you:

4.1 Mobilist Services contains forms, procedures, reports, notes, and other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on Mobilist Services.

4.2 By submitting any User Content or participating in an Interactive Area within or in connection with Mobilist Services, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Mobilist Services, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Mobilist Services; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Mobilist Services, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Mobilist Services.

4.3 You agree not to represent or suggest, directly or indirectly, Mobilist Service’s endorsement of User Content.

4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

4.5 You agree not to use any service, technology or automated system to access Mobilist Services. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

4.7 Any conduct that Mobilist Services, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying Mobilist Services will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.

4.8 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Website or Mobile App. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using Interactive Areas, you assume all associated risks.

4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to Mobilist Services to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Mobilist Services, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to Mobilist Services at any time and for any reason. The decision by Mobilist Services to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas.

4.10 By submitting User Content to the Website or Mobile App, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.

4.11 As part of Mobilist Services, form templates are provided for the sole use of Users to reduce setup time.  These forms are general in nature and are not intended for use without the User verifying the applicability to the User’s needs.  Tools are available on the Website to copy these form templates to a User’s account and then modify them to fit the User’s exact needs.

5. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt Mobilist Services or the servers or networks connected to Mobilist Services, or disobey any requirements, procedures, policies or regulations of networks connected to Mobilist Services; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Mobilist Services, other than that mention in section 4.11; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to Mobilist Services employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of Mobilist Services or posting private information about a third party.

6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on Mobilist Services is owned by Ocean Learning. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit Mobilist Services or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Content from Mobilist Services provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

7. Age Restrictions and Limitations. To the extent prohibited by applicable law, we do not allow use of our Mobilist Services by anyone younger than 16 years old. Mobilist Services does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that a Customer has collected personal data from a minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us.

8. Suspend Payment. To suspend automatic monthly payment of your account, from your dashboard, go to Subscription, Account Status, Current Payment Method, then click the Remove button.  This will remove your payment method.  Your account will remain active until the next billing cycle when it will become inactive.  Inactive means that all Mobilist Team Member Apps associated with your account will become inactive and not receive forms from your account.  You can reactivate your account any time.  No past data will have been deleted from your account.

9. Delete All Account Data and Cancel Account. To cancel your account and delete all data, please contact us at info@mobilist.app. To the extent permitted by law, we will permanently delete your data if you request to when cancelling your account.

‍10.  Data that Mobilist Services Stores.

Organization Account Settings. Our services provide screens to control account preferences and personal profile information.

‍Form Data. We store your form data and form configuration settings on your account. Form submissions may be made directly to an email of your choice if not stored on your account.  Mobilist Services is not responsible for the content of the forms you create or the data your forms collect.

‍Usage Data. We collect usage data about you and your users whenever you interact with Mobilist Services. This may include webpages you visit, what you click on, when you performed those actions. Additionally, like most applications today, our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.

‍Device Data. We collect data from the device and application you use to access our services, such as your IP address, browser, hardware information, settings and unique identifiers and application crash data.

‍Location Data. We may infer your geographic location based on your IP address. Mobilist Services may also collect location information from devices in accordance with the consent process provided by your device and applications you are using.

11. Cookie Policy. We employ the use of cookies. By accessing Mobilist Services, you agreed to use cookies in agreement with the Privacy Policy. Most interactive websites use cookies to let them retrieve the User’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website.

12. Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF MOBILIST SERVICES IS AT YOUR SOLE RISK. OCEAN LEARNING, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF MOBILIST SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOBILIST SERVICES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MOBILIST SERVICES.

(B) MOBILIST SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OCEAN LEARNING, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF OCEAN LEARNING OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT OCEAN LEARNING OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF MOBILIST SERVICES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(D) WE DISCLAIN ANY AND ALL LIABILITY OF ANY KING FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.  BY ACCESSING MOBILIST SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY.  IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE MOBILIST SERVICES.

13. Indemnification. You agree to defend, indemnify and hold harmless Ocean Learning, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Mobilist Services by you. Ocean Learning reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Ocean Learning with such cooperation as is reasonably requested by Ocean Learning.

14. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to Mobilist Services in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-12 shall survive termination of these Terms.

15. Governing Law. The content, data, video, and all other material and features on Mobilist Services are presented for the purpose of providing information and/or services that are or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of Mobilist Services, and/or the provision of content, services, and/or technology on or through Mobilist Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Texas applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of law’s provisions.

16. Copyrights and Copyright Agent. We respect others’ intellectual property rights and expect our Users and customers to do the same. If you believe that your work has been copied on Mobilist Services in a way that constitutes copyright infringement, please inform Mobilist Services. Mobilist Services reserve the right to terminate access to Mobilist Services for Users or customers who post material that infringes the intellectual property rights of others.

17. Miscellaneous. These Terms and any operating rules for Mobilist Services established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Ocean Learning, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

These Terms were last updated on November 1, 2019.