Mobile AMG Terms Of Service
By using the smbmarketing.com web site ("Service"), all services
of Mobile AMG, Inc. ("Mobile AMG"), you are agreeing to be bound
by the following terms and conditions ("Terms of Service").
Mobile AMG reserves the right to update and change the Terms of
Service from time to time without notice. Any new features that augment
or enhance the current Service, including the release of new tools
and resources, are subject to the Terms of Service. Continued use
of the Service after any such changes shall constitute your consent
to such changes. You can review the most current version of the Terms
of Service at any time at: http://www.smbmarketing.com/terms-of-service.html.
Violation of any of the terms below will result in the termination
of your Account. While Mobile AMG prohibits such conduct and Content
on the Service, you understand and agree that Mobile AMG cannot
be responsible for the Content posted on the Service and you nonetheless
may be exposed to such materials. You agree to use the Service at
your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated
methods are not permitted.
- You must provide your legal full name, a valid email address,
and any other information requested in order to complete the signup
process.
- You are responsible for maintaining the security of your account
and password. Mobile AMG cannot and will not be liable for any
loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have
access to your account).
- You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months
of service, upgrade/downgrade refunds, or refunds for months unused
with an open account. In order to treat everyone equally, no exceptions
will be made.
All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all
such taxes, levies, or duties, excluding only United States (federal
or state) taxes.
Mobile AMG will use commercially reasonable efforts to have the
application approved by the appropriate mobile platform provider.
Although there is a high likelihood of approval, we do not and cannot
guarantee acceptance. If your application is denied by the appropriate
mobile platform provider you may cancel your account, however there
are no refunds under any circumstances.
Cancellation and Termination
You are solely responsible for properly canceling your account.
Account cancellation requests submitted by email or phone will not
be honored. In order to cancel your account, you must manually cancel
your account inside of your account dashboard. Cancellations by phone
or sent to any email address will not be considered valid. It is not
our responsibility to ensure that your account has been cancelled
if your request was made by email or phone.
All of your Content will be deleted from the Service upon cancellation.
This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up
month, your cancellation will take effect immediately and you will
not be charged again.
Mobile AMG, in its sole discretion, has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service, or any other Mobile AMG service, for any reason
at any time. Such termination of the Service will result in the deactivation
or deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all Content in your Account.
Mobile AMG reserves the right to refuse service to anyone for
any reason at any time.
100% Satisfaction Guarantee Terms
If for whatever reason you are unsatisfied with your mobile application
within the first month of service, Mobile AMG guarantees to refund
the first month of service with no questions asked. Mobile AMG
is backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service
has passed and only applies to the initial month of service with Mobile AMG.
Modifications to the Service and Prices
Mobile AMG reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
Mobile AMG shall not be liable to you or to any third party for
any modification, price change, suspension or discontinuance of the
Service.
From time to time, Mobile AMG may issue an update to the Mobile AMG
application which may add, modify, and/or remove features from the
application. These updates may be pushed out automatically with little
or no notice, although Mobile AMG will do everything in its power
to notify you in advance of an upcoming update, including details
on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide
to the Service. Your profile and materials uploaded remain yours.
However, by using the Mobile AMG application to create your mobile
application, you agree to allow others to view and share your Content.
Mobile AMG does not pre-screen Content, but Mobile AMG and
its designee have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
Service.
The look and feel of the Service is copyright 2013 Mobile AMG,
Inc. All rights reserved. You may not duplicate, copy, or reuse any
portion of the HTML/CSS or visual design elements without express
written permission from Mobile AMG.
Mobile AMG may make certain software available to you through
the Service. If you download or otherwise use the software from
the Service, the software, including all files and images contained
in or generated by the software, look and feel, HTML/CSS, visual design
elements, and accompanying data (collectively, "Software") are deemed
to be licensed to you by Mobile AMG, for your personal and noncommercial
use only. Mobile AMG does not transfer either the title or
the intellectual property rights to the Software, and Mobile AMG
retains full and complete title to the Software as well as all intellectual
property rights therein. You may not sell, redistribute, or
reproduce the Software, nor may you decompile, reverse-engineer, disassemble,
or otherwise convert the Software to a human-perceivable form.
You grant Mobile AMG a license to use the materials you post to
the Services. By posting, downloading, displaying, performing,
transmitting, or otherwise distributing user content to the Service,
you are granting Mobile AMG, its affiliates, officers, directors,
employees, consultants, agents, and representatives a license to use
user content in connection with the operation of Mobile AMG, its
affiliates, officers, directors, employees, consultants, agents, and
representatives, including without limitation, a right to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate,
and reformat user content. You will not be compensated for any
user content. By posting user content on the Service, you warrant
and represent that you own the rights to the user content or are otherwise
authorized to post, distribute, display, perform, transmit, or otherwise
distribute user content.
When accessing or using the Services, you agree to obey the law and
to respect the intellectual property rights of others. Your
use of the Services is at all times governed by and subject to laws
regarding copyright, trademark, patent, and trade secret ownership
and use of intellectual property. You agree not to upload, download,
display, perform, transmit, or otherwise distribute any information
or content in violation of any party's copyrights, trademarks, patents,
trade secrets, or other intellectual property or proprietary rights.
You agree to abide by laws regarding copyright, trademark, patent,
and trade secret ownership and use of intellectual property, and you
shall be solely responsible for any violations of any laws and for
any infringements of any intellectual property rights caused by any
content you provide, post, or transmit, or that is provided or transmitted
using your user name or user ID. The burden of proving that
any Content does not violate any laws or intellectual property rights
rests solely with you.
All Mobile AMG content included on its site, its Software, and
through the Service is the property of Mobile AMG and is protected
by U.S. and international intellectual property laws. All Mobile AMG content, Software, code, HTML/CSS, and visual design data
is is copyright 2013 Mobile AMG, Inc. All
General Conditions
Your use of the Service is at your sole risk. The service is provided
on an "as is" and "as available" basis.
Technical support is only available via email. The technical support
email address is support@smbmarketing.com.
You authorize the Company to use, reuse, and to grant others the
right to use and reuse, your Content, and any reproduction or simulation
thereof, in any form of media or technology now known or hereafter
developed, both during and after your use of the Services, for any
purposes related to the Service
You understand that Mobile AMG uses third party vendors and hosting
partners to provide the necessary hardware, software, networking,
storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another
website so as to falsely imply that it is associated with the Service,
or any other Mobile AMG service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service
without the express written permission by Mobile AMG.
We may, but have no obligation to, remove Content and Accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these
Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse
or retribution) of any Mobile AMG customer, employee, member, or
officer will result in immediate account termination.
You understand that the technical processing and transmission of
the Service, including your Content, may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks
or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs,
or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive
nature.
Mobile AMG does not warrant that (i) the service will meet your
specific requirements, (ii) the service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from
the use of the service will be accurate or reliable, (iv) the quality
of any products, services, information, or other material purchased
or obtained by you through the service will meet your expectations,
and (v) any errors in the Service will be corrected.
You expressly understand and agree that Mobile AMG shall not be
liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if
Mobile AMG has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service; (ii)
the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from
the service; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the service;
(v) or any other matter relating to the service.
The failure of Mobile AMG to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire
agreement between you and Mobile AMG and govern your use of the
Service, superseding any prior agreements between you and Mobile AMG
(including, but not limited to, any prior versions of the Terms of
Service).
In no event shall Mobile AMG liability to you exceed the amount
actually paid to Mobile AMG by you during the preceding 12 months.