Last Updated: June 17, 2017
Mobile Privacy provides virtual private networking ("VPN") and security features to its clients. You ("Client" or "Subscriber") (Mobile Privacy and Subscriber collectively known as "Parties") acknowledge that Mobile Privacy and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services, website, and applications.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND MOBILE PRIVACY, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "MOBILE PRIVACY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION.
Subscriber affirms that they are either more than eighteen (18) years of age, a valid legal entity, 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 of Service, and to abide by and comply with these Terms and Conditions contained herein.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services and applications.
Mobile App. When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
Mobile Privacy grants you a limited, non-exclusive license to use an account to which you have access for your personal, private, commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. All intellectual property rights on Mobile Privacy are owned by Second Phone LLC and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Mobile Privacy website unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Mobile Privacy Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to Mobile Privacy. New or future services that may be offered by Mobile Privacy will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.
Client understands that the present Terms of Service are subject to changes made by Mobile Privacy at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.
The terms and conditions herein apply to all users of Mobile Privacy whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and you are only authorized to use Mobile Privacy if you agree to abide by all applicable federal and state laws and be legally bound by the terms and conditions of this Agreement.
You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor any other user that you have provided access to will not engage in any of the following activities:
The Mobile Privacy service offered as part of this Agreement is subject to all relevant United States export control laws and regulations. Company makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
Mobile Privacy abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.
Along with the ZERO TOLERANCE policy, Clients who materially breach the terms and conditions will have their account removed without any refund. Additionally, Client understands that Mobile Privacy expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.
Subscriber understands that Mobile Privacy reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions:
Mobile Privacy reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your Mobile Privacy account has been suspended, then you may contact: email@example.com
Service coverage, speeds, locations and quality are not guaranteed. While Mobile Privacy will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. Mobile Privacy does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.
Additionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.
We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.
As a client of Mobile Privacy, you are responsible for:
You acknowledge that Mobile Privacy reserves the right to create a subscription service through one or more third party merchants. Unless you sign up for a free trial, payments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, six (6) months, or one (1) year depending on the service level plan. If the subscription plan includes a free trial, you will be charged immediately at the end of the trial period unless automatic renewal has been disabled. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. Future services offered by Mobile Privacy and Second Phone LLC may not be included with the account. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.
Mobile Privacy reserves the right to change the fees at anytime at its discretion. Subscriber understands that Mobile Privacy is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates. Subscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.
Mobile Privacy reserves the right to close your account at any given time without any given notice. While Mobile Privacy will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.
Subscriber understands that Mobile Privacy also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the Mobile Privacy network.
Subscriber also understands that Mobile Privacy for reasons beyond its control may shut down and terminate services. If Mobile Privacy ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.
Subscriber represents and warrants that all of the identifying information provided to Mobile Privacy to use the Mobile Privacy website or its applications is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
SUBSCRIBER UNDERSTANDS THAT THE Mobile Privacy WEBSITE, APPLICATIONS AND SERVICE IS PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE Mobile Privacy WEBSITE AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mobile Privacy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, APPLICATIONS, AND YOUR USE THEREOF. Mobile Privacy MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
Mobile Privacy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mobile Privacy WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mobile Privacy WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mobile Privacy SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL Mobile Privacy, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mobile Privacy SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Subscriber agrees to defend, indemnify and hold harmless Mobile Privacy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive these Terms of Service and your use of the Mobile Privacy Website and its Applications.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mobile Privacy without restriction.
If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, county of Sheridan, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Wyoming, county of Sheridan. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the Mobile Privacy VPN service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.