PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PURCHASING OR USING THE PRODUCTS AND SERVICES OFFERED BY REACT MOBILE, INC., A DELAWARE CORPORATION (“REACT MOBILE,” “WE,” “OUR” OR “US”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE REACT MOBILE PRODUCTS OR SERVICES.
React Mobile reserves the right to modify, supplement, amend, revise or otherwise change any of these Terms of Service at any time, but only on a prospective, not retroactive, basis. React Mobile will use commercially reasonable efforts to provide you thirty (30) days advance notice through your invoice or by e-mail to the most recent email address associated with your account of any such changes to these Terms of Service that would have a materially adverse effect on you. Changes will become effective on the next business day following the 30-day notice period and, unless you have objected to any changes by delivering written notice to React Mobile, you agree to be bound by any changes after such 30-day notice period.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Services. The Services are not available to individuals who are younger than 13 years old. React Mobile may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
If you have entered into a signed order form, service order, subscription agreement, trial agreement or other ordering document that specifies your purchase of Services, pricing and related terms (a “Subscription Agreement”), that Subscription Agreement together with these Terms of Service governs your access to and use of the Services and supersedes any separate discussions or representations on this topic, including any separate terms you may propose in connection with a purchase order or otherwise. The Subscription Agreement will be deemed to apply in case of any conflict between these Terms of Service and the Subscription Agreement.
GRANT OF LICENSE; RESTRICTIONS
Subject to your compliance with these Terms of Service, React mobile hereby grants to you, during the period of time stated in any Subscription Agreement, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Services for your internal business purposes. Your access to or use of the Services is subject to the following obligations, restrictions and limitations:
You will comply with: (i) all instructions and requirements in any documentation for the Services that React Mobile may provide or make available to you (the “Documentation”); and (ii) all local, state, national, and international laws and regulations (as each of these may be amended or modified from time to time) applicable to your access to or use of the Services.
Except as may be expressly permitted in these Terms of Service, you shall not: (i) license, sublicense, sell, lease, rent, loan, timeshare, distribute, act as a service bureau or managed service, publicly communicate, disclose, permit access to, or transfer to any third party, the Services, or any portion thereof, whether for profit or without charge; (ii) modify, alter, tamper with, repair or otherwise create derivative works of the Services; (iii) translate, reverse engineer, disassemble, or decompile the Services, apply any other process or procedure to derive the source code of any software included in the Services, or otherwise determine or attempt to determine how the Services work or operate; (iv) remove any copyright and other proprietary notices placed upon the Services; (v) circumvent any use-limitation or protection device contained in or placed upon the Services or access or attempt to access any portion of the Services that you are not authorized to access; (vi) use the Services to create products or perform services which compete or interfere with those of React Mobile; or (vii) upload, transmit, or otherwise publish any communication or content through the Services that: (a) infringes or misappropriates the intellectual property or other proprietary rights of any third party; or (b) contains software viruses or any other malicious code.
You acknowledge and agree that the Services are licensed and not sold. The Services are owned by React Mobile and/or its licensors, and are protected by United States trademark and copyright laws and international treaty provisions. React Mobile or its licensors own and retain all right, title and interest in and to the Services, including any and all patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Your possession or use of Services does not transfer to you any right, title or interest in any of the foregoing and you will not acquire any such right, title or interest, except as expressly set forth in these Terms of Service.
You hereby grant React Mobile, at no charge, the right to use, disclose, reproduce, license, distribute and exercise all other rights in any comments, feedback or other input (“Feedback”) you provide to us regarding the Services. Your Feedback is entirely voluntary and is provided as-is and without any warranties.
SUBSCRIBER ACCOUNTS; PAYMENT; TAXES
You are responsible for keeping your account login information and password confidential and secure. You agree not to share your account login information or password with anyone else, and that you will not let anyone else use your subscription to the Services. You are solely responsible for all use of the Services via your account. You will notify us immediately, using functionality we provide in the Services, if you know of or suspect any unauthorized use of your password or account. We have no responsibility or liability for any loss, damage or other liability arising from your failure to comply with this paragraph or related to any unauthorized access to or use of your account or related credentials. We reserve the right in our sole discretion to disable, suspend or terminate your account or to change your login credentials at any time.
We will invoice, and you will pay us, the fees and charges as set out in the applicable Subscription Agreement (the “Fees”). Fees for subscription Services will be due and payable within thirty (30) days of date of the applicable invoice, and Fees for hardware products and installation of those products will be due and payable within seven (7) days of date of the applicable invoice unless otherwise stated in the Subscription Agreement. Note that Fees stated in a Subscription Agreement for hardware products may be finalized and confirmed following installation and reflected in the applicable invoice. The Fees shall be paid via ACH or wire transfer to an account identified by React Mobile and shall be paid in advance and, except as otherwise specifically provided in the Subscription Agreement, the Fees are non-cancellable and non-refundable. If you fail to pay any amounts due under this Agreement by the due date, or otherwise are in default under this Agreement, in addition to any other rights or remedies we may have under this Agreement or by matter of law: (i) all remaining Fees relating to Services under the applicable Subscription Agreement shall become due and payable immediately; (ii) we reserve the right to suspend your access to the Services until such amounts are paid in full, (iii) we will have the right to charge interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law until you pay all amounts due; and (iv) we will have the right to recover all attorneys’ fees and other reasonable costs incurred by us in recovering any unpaid Fees.
The Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder or under a Subscription Agreement (excluding taxes based on our net income or property) unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
We or our representatives may audit your compliance with your Subscription Agreement and these Terms of Service upon reasonable advance written notice and subject to commercially reasonable confidentiality terms. We will be responsible for the costs we incur to carry out such an audit unless it identifies a material breach by you of the Terms of Service or Subscription Agreement, in which case, in addition to any other rights or remedies we may have under this Agreement or by matter of law, you agree to promptly reimburse us for our reasonable and documented costs for the audit.
Subscriptions to the Services commence on the date, and are for a period, as set out in the applicable Subscription Agreement (“Term”). Upon expiration of the Term, unless otherwise stated on an applicable Subscription Agreement, the Services and your obligation to pay for them will automatically renew for a period of time equal to the Term (each a “Renewal Term”), unless and until either party gives the other written notice of non- renewal at least sixty (60) days prior to the end of the then-current Term or Renewal Term. We reserve the right to increase the Fees for each Renewal Term, subject to our having provided you with sixty (60) days prior written notice of any such Fee increase. Without limiting any other rights and remedies under these Terms of Service, either party may terminate a Subscription Agreement by written notice to the other party in the event that (i) such other party materially breaches the Subscription Agreement or these Terms of Service and does not cure such breach within thirty (30) days of such notice, or (ii) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
We have the right to suspend or terminate your account and otherwise block your access to the Services in whole or in part at any time, with or without notice, in order to protect the Services or if you materially violate the Terms of Service or your Subscription Agreement has terminated. We will not have any liability if we suspend or terminate your account and/or block your access to the Services. All provisions of the Terms of Service that by their nature should survive termination will do so, including without limitation terms concerning our intellectual property rights, disclaimers, indemnity and limitations of liability.
CONNECTIVITY, COMMUNICATIONS, PRIVACY
You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Services. Normal carrier charges and taxes may apply to any content you obtain from the Services. React Mobile is not responsible for any surcharges you incur from your mobile phone or internet service provider as a result of the use of the Services.
You expressly agree that, as part of the Services, you may receive communications by push notification, text message (SMS), and/or email, including promotional communications from time to time. You may stop receiving promotional alerts (a) via push notification by disabling push notifications on your mobile device, or (b) via text message by following the opt-out instructions in the text message. You may not opt out of Service-related emails.
You (as the “Recipient”) may, during the course of its provision and/or use of the Services, receive, have access to, and acquire knowledge from discussions with us (as the “Discloser”) which may not be accessible or known to the general public, such as technical and business information concerning hardware, software, designs, specifications, techniques, processes, procedures, research, development, projects, products or services, business plans or opportunities, business strategies, finances, costs, customers, vendors, test results and security information (“Confidential Information”). Confidential Information shall not include, and shall cease to include, as applicable, information or materials that (a) are generally known to the public; (b) become generally known to the public, other than as a result of the act or omission of the Recipient; (c) were rightfully known to the Recipient prior to its receipt thereof from the Discloser; (d) are or were disclosed by the Discloser generally without restriction on disclosure; (e) the Recipient lawfully received from a third party without that third party’s breach of agreement or obligation of trust; or (f) are independently developed by the Recipient as shown by documents and other competent evidence in the Recipient’s possession.
The Recipient shall not: (i) use any Confidential Information of the Discloser for any purpose outside the scope of these Terms of Service, except with the Discloser’s prior written permission, or (ii) disclose or make the Discloser’s Confidential Information available to any party, except those of its employees, contractors, and agents that have signed an agreement containing disclosure and use provisions substantially similar to those set out herein or are otherwise under similar binding obligations of confidentiality and have a “need to know” in order to carry out the purpose of this Agreement.
You agree to protect the confidentiality of our Confidential Information in the same or similar manner that you protect the confidentiality of your own proprietary and confidential information of like kind, but in no event shall you exercise less than reasonable care in protecting such Confidential Information. If the Recipient is compelled by law to disclose Confidential Information of the Discloser, it shall provide the Discloser with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Discloser’s cost, if the Discloser wishes to contest the disclosure.
Due to the unique nature of React Mobile’s Confidential Information disclosed hereunder, there can be no adequate remedy at law for Recipient’s breach of its obligations hereunder, and any such breach may result in irreparable harm to the Discloser. Therefore, upon any such breach or threat thereof, the Discloser shall be entitled to seek injunctive and other appropriate equitable relief in addition to any other remedies available to it, without the requirement of posting a bond.
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of React Mobile or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms of Service or otherwise. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Service or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of React Mobile or the respective copyright owner. React Mobile authorizes you to view and download the Materials only for personal and internal business use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, React Mobile and any Marks associated with any products available on the Service) are the sole property of React Mobile and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of React Mobile and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of React Mobile and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of React Mobile will enforce its intellectual property rights to the fullest extent of the law.
LINKS; THIRD PARTY WEBSITES
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that React Mobile will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. React Mobile expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that React Mobile and its Affiliated Parties shall not be 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 third party application providers on the Services.
React Mobile is not responsible for any product or service (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
LIMITED WARRANTY; REMEDIES; RMA; EXCLUSIONS
Software. React Mobile warrants that for a period of one (1) year from the earlier of the date the software is delivered to or downloaded by you (“Software Warranty Period”) the software will perform substantially in accordance with the then-current Documentation, provided that you use such software in accordance with these Terms of Service. For clarity, software embedded as firmware or otherwise integrated into hardware is not separately warranted and subject to the warranty applicable to the hardware. React Mobile’s sole and exclusive liability and your sole and exclusive remedy under the software limited warranty shall be to, at React Mobile’s election, either: (i) replacement of the media if defective, or (ii) use commercially reasonable efforts to repair or replace the software to make the software substantially conform to the applicable specifications. In the event we are unable to remedy the non-conformity and such non-conformity materially affects the functionality of the software, you may promptly terminate the license applicable to the non-conforming software. In such event, you will receive a refund of the license fee received by React Mobile with respect to such software, less the value of use to date. Any replacement software will be warranted for one (1) year.
Hardware. React Mobile warrants that the hardware will be free from material defects in materials and workmanship and will substantially conform to the applicable specification in effect as of the date of manufacture for a period of one (1) year from the date of initial purchase (“Hardware Warranty Period”). React Mobile’s sole and exclusive liability and your sole and exclusive remedy under the hardware limited warranty shall be to, at our election, either: (i) repair the hardware; (ii) replace the hardware with new or refurbished hardware (replacement hardware being of identical model or functional equivalent - replacement parts may be new or equivalent to new); or (iii) provide you a credit towards your future purchase of hardware from us in the amount received by us for the hardware (excluding taxes and levies). Any replacement hardware will be warranted for one (1) year.
The above software and hardware remedies are available only if we are promptly notified in writing within the applicable Software or Hardware Warranty Period. After the applicable Software or Hardware Warranty Period has expired, any repair, replacement or workaround services provided by React Mobile will be at our then-current standard service rates.
Return Merchandise Authorization (“RMA”) Policy
Hardware product returns may be authorized by React Mobile during the Warranty Period. React Mobile will provide a tracking number and shipping address for their return. Failure to accurately label returns may delay processing, credits, and replacement products. For clarity, postage, insurance, or shipping costs incurred in presenting hardware for warranty service is your sole responsibility.
Warranty Exclusions. All warranties are void if React Mobile software or hardware have been: (i) improperly installed by anyone other than React Mobile or its agents where the serial numbers, warranty data or quality assurance decals on the hardware are removed or altered; (ii) used in a manner other than as authorized by us; (iii) not installed, operated or maintained in accordance with the instructions supplied by us, including but not limited to the installation, operation or maintenance on any hardware, operating system or tools (including their specific configurations) that are not compatible with the React Mobile software or hardware; (iv) modified, altered or repaired by a party other than React Mobile or a party authorized by React Mobile; (v) combined and/or connected to any hardware, operating system or tools (including their specific configurations) not provided by React Mobile; (vi) operated or maintained in unsuitable environmental conditions, or by any other cause external to the software or hardware or otherwise beyond our reasonable control, including any extreme power surge or failure or electromagnetic field, rough handling during transportation, fire or acts of God; (vii) subjected to accident, neglect, misuse or negligence of you or any other third party; or (viii) used in criminal activity or in violation of any applicable laws, rules, regulations or governmental standards. Services provided as part of an evaluation, demo, or proof of concept are not covered under any warranty and are subject to independent pricing and terms and conditions, as deemed applicable by the nature of the activity. Components that by their nature are subject to general wear and tear in the course of normal use are not subject to any warranty.
REACT MOBILE RESERVES THE RIGHT TO AMEND THIS WARRANTY POLICY FROM TIME TO TIME AND THEREAFTER, IT SHALL APPLY TO ALL SUBSEQUENT ORDERS. REACT MOBILE ALSO RESERVES THE RIGHT TO IMPROVE/MODIFY OFFERINGS AT ANY TIME, AT ITS SOLE DISCRETION, AS IT DEEMS NECESSARY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, REACT MOBILE AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “REACT MOBILE AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, REACT MOBILE AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACT MOBILE AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, REACT MOBILE AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE SERVICES (INCLUDING THE SITE AND THE APPS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE MISUSE, ABUSE, SERVICE MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. React Mobile does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that React Mobile shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
LIMITATION OF LIABILITY
REACT MOBILE AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) FOR ANY INCORRECT OR INACCURATE INFORMATION, (B) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (C) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (D) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REACT MOBILE AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF REACT MOBILE AND AFFILIATED PARTIES FOR ANY REASON SHALL BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID REACT MOBILE ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH REACT MOBILE IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless React Mobile and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Services. React Mobile reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with React Mobile in asserting any available defenses.
ONLINE AND MOBILE ALERTS
React Mobile may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts are sent to you following certain changes made online to your React Mobile account, such as a change in your registration information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not since they are security-related. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. React Mobile may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your React Mobile login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
React Mobile makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of these Terms of Service shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Washington, without giving effect to any principles of conflicts of laws. These Terms of Service shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Service. You also acknowledge and understand that, with respect to any dispute with React Mobile, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. All claims you bring against React Mobile must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of these Terms of Service. Should either party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms of Service, the term “including” shall be deemed to be followed by the words “without limitation.”
The failure of React Mobile and its Affiliated Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms of Service must be filed within one year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of these Terms of Service are for the benefit of React Mobile and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Where React Mobile has provided you with a translation of the English language version of these Terms of Service, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with React Mobile.
If there is any contradiction between what the English language version of these Terms of Service says and what a translation says, then the English language version shall take precedence.
If you have any comments, questions, or complaints regarding these Terms of Service or the Services, or wish to report any violation of these Terms of Service, please contact us at [firstname.lastname@example.org]. We will address any issue to the best of our abilities as soon as possible.