TERMS OF USE (“Terms”) for MOBILE MEASURES

Please read the following Terms carefully before usingMobile Measures LLC’s(“Mobile Measures”, “our” or “we”) website and application, including but not limited to the mobilemeasures.org website, the mobile application (“app”) as well as any online features and other services and/or programs offered by Mobile Measures.By accessing or using our website or app (collectively referred to as the “website”), you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Mobile Measures. If you do not agree to any portion of these Terms, you should not access or otherwise use the website or app. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the website or app.

The Mobile Measures app is intended as an informational application for physical therapists.  It is not intended for diagnosis or treatment.

We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

Terms related to online access that you have with Mobile Measures is set forth in Paragraph 6 herein.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS.By merely providing access to the app, Mobile Measures does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Mobile Measures has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site or app will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site or app is accurate or complete. Your use of the website or app and the services offered therein are subject to federal law, the law of the state where Mobile Measures maintains your Account, or, if MOBILE MEASURES transfers your Account to another location, where Mobile Measures currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE OR APP IS NOT INTENDED FOR CHILDREN UNDER 13.

2. SITE USE AND CONTENT.You may view, copy or print pages from the app solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site or app without the express, prior, written consent of Mobile Measures. At any time, we may, without further notice, make changes to the Web Site or app, to these Terms and/or to the services described in these Terms.

3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

(a) ONLINE ACCOUNT ACCESS.For certain types of features available through the Web Site or app, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). You may never use another person’s User Account and/or UserID without permission.

USER ACCOUNT AND PASSWORD.We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify

Privacy and Information Security Policy

Mobile Measures LLC (“Mobile Measures”) is committed to safeguarding your online privacy with respect to the personally identifiable information that we may obtain from you at the Mobile Measures application (“app”). Our Privacy and Information Security Policy (“Privacy Policy”) answers frequently asked questions about your online privacy, including what personally identifiable information we may obtain from you and how it will be used and protected. Mobile Measures may from time to time change this Privacy Policy, so please check back periodically.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?

If, upon visiting our app, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:

If you use our app, we may ask that you provide us with certain personal information, including your name, credit card number, expiration date, e-mail address, mailing address and telephone number. Your credit card information will be transferred to _________ for processing. We employ a variety security and risk management technologies to facilitate secure on-line transactions and to protect your credit information.

If you post to our discussion forums, we will ask that you provide us with your name, e-mail address and password.

If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.

If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?

To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Mobile Measures, as well as third party access facilitated by Mobile Measures with your prior permission.

We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our app. As noted above, we use a third-party merchant provider and PayPal to facilitate confidential online business transactions.  PayPal helps prevent your credit information from being read by unauthorized persons as this information is transmitted over the Internet.   The transaction system passes your credit information through its system but does not retain any credit card numbers. Once the transaction is completed, information about the sale (without credit card information) is stored in a password-protected online database maintained by Mobile Measures.

HOW DO WE USE YOUR INFORMATION?

Our primary use of your information is to administer, maintain and improve your experience on our app generally as well as provide you with customized, personalization services and interactive communications.

If you check the “opt-in” feature on our app, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you e-mails regarding our app and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.

We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for usage. We also use your contact information as necessary to send you information about the memberships that you have purchased on our app.

When you enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may use your e-mail address to send you status updates.

We use your IP address to help diagnose problems with our server and to administer the services offered on our app. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.

We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.

CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM MOBILE MEASURES?

If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to ben@mobilemeasures.org. Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to ben@mobilemeasures.org.

PRIVACY POLICIES OF MOBILE MEASURES PARTNERS

Third parties that have links on our Web Site may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third-party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Mobile Measures and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.

WITH WHOM DO WE SHARE INFORMATION?

We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.

As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Mobile Measures and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.

We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.

Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.

We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Mobile Measures or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.

HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You may edit your personally identifiable information and your password at any time by sending an e-mail request to  ben@mobilemeasures.org.

WHAT ARE COOKIES? HOW DO WE USE COOKIES?

Cookies enable us to customize and personalize your experience on our app or website, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our Web Site

We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.

Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our Web Site. In providing you with this service, we use cookies.

We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our Web Site may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.

We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings.

Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our Web Site, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third-party site.

DO YOU HAVE CHOICES ABOUT COOKIES?

Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services or participate in our sweepstakes, contests or promotions.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?

It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our app or otherwise. All such transmission of information is at your own risk. Moreover, though we are committed to having our app comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.

CONTACT US.

If you have any questions or comments about this Privacy Statement or the practices of our app, please feel free to e-mail us at ben@mobilemeasures.org or visit our contact page.

End of Document

of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by using the “contact us” function, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

RELIANCE BY MOBILE MEASURES.You authorize Mobile Measures to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service.

Mobile Measures is committed to protecting the security and confidentiality of information about you and your Account and User Account. Mobile Measures uses, and may in the future use, several different security methods to protect your Account and User Account information.

ELECTRONIC COMMUNICATION.

Email and Online Message Center.When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Mobile Measures maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Mobile Measures for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Mobile Measures Mobile Measures will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Mobile Measures do not respond to the email and notify Mobile Measures by using the “contact us” feature.

Usage of Electronic Communication.By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Mobile Measures may respond to any communication you send to Mobile Measures with an electronic communication, regardless of whether your original communication with Mobile Measures was an electronic communication. Any electronic communication Mobile Measures sends to you will be considered received within 5 calendar days of the date such communication is sent by computer servers utilized by Mobile Measures to the email address you designate in your account profile or posted to Mobile Measures’ online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Mobile Measures will not be effective until Mobile Measures has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Mobile Measures immediately and, in no event, should your sole method of communication with Mobile Measures regarding any emergency be by electronic communication. Mobile Measures may require you to provide written confirmation of any verbal or electronic notice of alleged error by Mobile Measures

DISCLAIMERS

NO WARRANTIES; INDEMNIFICATION.YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MOBILE MEASURES PROVIDES THE WEB SITE AND THE APP ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND MOBILE MEASURES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE APP, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. MOBILE MEASURES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MOBILE MEASURES SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

INDEMNIFICATION. You agree to defend, indemnify and hold Mobile Measures and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Mobile Measures, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

LIMITATION OF LIABILITY. MOBILE MEASURES’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH MOBILE MEASURES. IN NO EVENT WILL MOBILE MEASURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APP AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS MOBILE MEASURES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Mobile Measures’ Privacy Policy.

HIPPA. Be advised that you, as the user of the app, remain responsible for all compliance with applicable state and federal laws, including HIPAA.  Mobile Measures provides no assurances that use of its app or resources are HIPAA-compliant.

NOT MEDICAL ADVICE.You understand that any information provided by the Mobile Measures app is intended for informational purposes only, and is not intended to diagnose, treat or provide medical advice. You are advised to always use your own professional judgment in using or interpreting the data from Mobile Measures

THIRD-PARTY CONTENT.

MOBILE MEASURES may provide hyperlinks to other web sites maintained by third parties, or MOBILE MEASURES may provide third party content on the APP. THE LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER MOBILE MEASURES’S CONTROL AND MOBILE MEASURES IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

COPYRIGHT AND TRADEMARKS.The trademarks, service marks and logos used and displayed on the Web Site are Mobile Measures’, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Mobile Measures is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of Mobile Measures that may be referred to on the APP are the property of Mobile Measures. Other parties’ trademarks and service marks that may be referred to on the Web Site or app are the property of their respective owners. Nothing on the Web Site or app should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mobile Measures’ trademarks or service marks without Mobile Measures’ prior written permission. Mobile Measures aggressively enforces its intellectual property rights. Neither the name of Mobile Measures nor any of Mobile Measures other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without Mobile Measures’ prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact Mobile Measures at the address, email address or telephone number set forth at the bottom of these Terms.

LOCAL LAWS. Mobile Measures makes no representation that content or materials in the Web Site or app are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site and app from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site or app from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Mobile Measures is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site or app in violation of U.S. export laws and regulations. You agree that the Web Site, app, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Mobile Measures maintains your Account, or, if Mobile Measures transfers your Account to another location, where Mobile Measures currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Mobile Measures either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Mobile Measures maintains your Account, or, if Mobile Measures transfers your Account to another location, where Mobile Measures currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

AVAILABILITY. Information that Mobile Measures publishes in the app may contain references or cross-references to products, programs or services of Mobile Measures that are not necessarily announced or available in your area. Such references do not mean that Mobile Measures will announce any of those products, programs or services in your area at any time in the future. You should contact Mobile Measures for information regarding the products, programs and services that may be available to you, if any.

NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Mobile Measures unless acknowledge by Mobile Measures in writing. Mobile Measures has no obligation to provide you with written acknowledgment. Mobile Measures may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third-party or entity.

TERMINATION OF SERVICE.We may terminate your User Account or right to access secured portions of the app at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the app, to Mobile Measures, to the business of the app’s Internet service provider, or to other information providers.

CUSTOMER COMMENTS.We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the Mobile Measures Web Site Privacy Policy.

CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the app shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Philadelphia, PA before a board of three neutral arbitrators.  The arbitration and rules shall be according to the American Arbitration Association (AAA).  In no event shall the arbitrators award punitive damages. 

MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mobile Measures’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Mobile Measures Web Site Privacy Policy are the entire agreement between you and Mobile Measures with respect to your use of the Web Site and the Online Service and supersede any and all prior communications and prior agreements, whether written or oral, between you and Mobile Measures regarding the Web Site and the Online Service.

Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:

Mobile Measures LLC

Attn: Ben Kenuk

ben@mobilemeasures.org

EFFECTIVE AS OF: 11/2018

LAST UPDATED: 11/2018