MobileQubes reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree you are sufficiently notified of the Updated Terms when the terms are made available via MobileQubes Platforms, and that your use of the MobileQubes Platforms which shall include battery rental or ownership after we have posted the Updated Terms, constitutes your agreement to consent to the Updated Terms. Therefore, you should review these Terms before using the MobileQubes Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the MobileQubes Platforms from that point forward. Updated Terms will apply to your rental or purchase transactions that begin after the Updated Terms are effective. Those made prior to the Updated Terms will only be governed by the Updated Terms upon continued rental transaction or subsequent purchase transaction made after the effective date.
These Rental Terms are subject to change and modification pursuant to the applicable laws of the State which may apply to the transaction. IMPORTANT: THROUGH THE USE OF A MOBILEQUBES PRODUCT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, BATTERY RENTALS OR PURCHASES, YOU AGREE TO BE BOUND BY THE REASONABLE TERMS AS SET FORTH BELOW. SHOULD YOU BREACH THE TERMS, MOBILEQUBES RESERVES ALL RIGHTS APPLICABLE TO THE PURSUIT OF THE MAXIMUM RELIEF AFFORDED BY LAW. Because price and conditions may change or vary, MobileQubes suggests reading the terms thoroughly and completely
MobileQubes Rentals. . A MobileQubes Rental will begin at the time of rental and will become due by the same time the following day, regardless of time zone allowances or changes. All MobileQubes Rentals will be for a one (1) day, or a 24-hour minimum. At the time of your rental, your credit card will be authorized for the full purchase amount of the MobileQube for $49.99 + tax depending on location. For every day thereafter, up to the maximum rental period of seven (7) days, you will be automatically charged $0.99 - $1.99 + tax where applicable, per day. If you extend your rental beyond the maximum rental period of seven (7) days, or fail to return your rental for any reason, or damage your rental, you will be considered to have indirectly purchased the battery for all applicable purposes herein. Once you have indirectly purchased the MobileQubes battery, you will be charged $49.99 + tax where applicable, in addition to the daily rental fees. Your credit card will be charged for the full amount of your rental upon your returning the MobileQube to a MobileQubes kiosk.
MobileQubes Purchases. In addition to indirect purchases, a MobileQubes can be purchased at the cost of $49.99 + tax depending on location where applicable.
MobileQubes Authorization. By electing to rent or purchase a MobileQubes product from any of the MobileQubes Platforms, you agree to allow MobileQubes to charge your credit card for any applicable costs and fees associated with your transaction. Multiple transactions will warrant multiple charges as specified herein.
If your method of payment is declined by your banking institution or credit card service provided, MobileQubes reserves the right to collect all past due costs, fees, and charges, plus interest, where applicable.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the MobileQubes Platforms (and all past, present and future versions), including, without limitation: kiosks, graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the MobileQubes Platforms; the compilation, assembly and arrangement of the materials of the MobileQubes Platforms; and all other materials related to the MobileQubes Platforms (collectively, the "Materials") are owned, controlled or licensed by MobileQubes, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of MobileQubes, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by MobileQubes; or (c) provide access to any MobileQubes Platforms or Materials via any medium without the prior written consent of an authorized representative of MobileQubes.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the MobileQubes Platforms for any purpose or in any manner that infringes the rights of any third party. MobileQubes encourages you to report any content on the MobileQubes Platforms that you believe infringes your rights. If you have a good faith belief that content on the MobileQubes Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), MobileQubes has a designated agent for receiving notices of copyright infringement and MobileQubes follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MobileQubes’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MobileQubes copyright agent for notice of claims of copyright infringement on or regarding the MobileQubes Platforms can be reached as follows:
Name: Sean Carrigan
Mailing address: 1441 Canal Street, Suite 428
New Orleans, Louisiana 70112
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on a MobileQubes Platform violates your exclusive rights other than copyrights, please provide MobileQubes at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the MobileQubes Platforms to: Michael C. Melito, 1441 Canal Street, New Orleans, Louisiana 70112.
General Rights Information. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
MobileQubes will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Certain areas of the MobileQubes may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the MobileQubes Platforms. When you provide information to the MobileQubes Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities, costs and fees that occur under your account or password, if any, and you agree you will not sell, transfer or assign your registration rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the MobileQubes Platforms using your name in whole or in part. MobileQubes reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law. MobileQubes customer service should be contacted in the event that a MobileQubes product, or Platform, is not operating as warranted herein.
WIDGETS & APPLICATIONS
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
THIRD PARTY LINKS, APPLICATIONS AND CONTENT
MobileQubes grants you the revocable permission to link to the MobileQubes web site; provided, however, that your web site, or any third party web sites that link to the site (a) must not frame or create a browser or border environment around any of the content on the site or otherwise mirror any part of the MobileQubes Platforms; (b) must not imply that MobileQubes is endorsing or sponsoring it or its products, unless MobileQubes has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in MobileQubes sole opinion, harm MobileQubes or its products or services; (d) must not use any MobileQubes trademarks without the prior written permission from MobileQubes; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in MobileQubes sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to MobileQubes.com, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, MobileQubes reserves the right to prohibit linking to the site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Mobile Qubes Platforms and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE MOBILEQUBES PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MOBILEQUBES AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "MOBILEQUBES PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE MOBILEQUBES PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE MOBILEQUBES PLATFORMS; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE MOBILEQUBES PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE MOBILE QUBES PLATFORMS, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM MOBILEQUBES OR VIA THE MOBILEQUBES PLATFORMS. IN ADDITION, THE MOBILEQUBES PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE MOBILEQUBES PARTIES DO NOT REPRESENT OR WARRANT THAT THE MOBILEQUBES PLATFORMS, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE MOBILEQUBES PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE MOBILEQUBES PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MOBILE QUBES PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE MOBILEQUBES PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MOBILE QUBES PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE MOBILE QUBES PARTIES DO NOT WARRANT THAT YOUR USE OF THE MOBILEQUBES PLATFORMS OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MOBILEQUBES PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A MOBILEQUBES PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT MOBILEQUBES PLATFORM.
THE MOBILEQUBES PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH A MOBILEQUBES PLATFORM.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE MOBILEQUBES PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A MOBILEQUBES PLATFORM; (B) THE MATERIALS OR PRODUCTS; (C) USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A MOBILEQUBES PLATFORM, PRODUCT, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MOBILEQUBES PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A MOBILEQUBES PLATFORM, MATERIALS, PRODUCT OR PROMO CODE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A MOBILEQUBES PLATFORM'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MOBILEQUBES PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A MOBILEQUBES PLATFORM). IN NO EVENT WILL THE MOBILEQUBES PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MOBILE QUBES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL OR PURCHASE IS A SUBSTITUTE RENTAL OR PURCHASE OF EQUAL OR LESSER VALUE FOR THE SAME TYPE OF PRODUCT. IF YOU BELIEVE YOU RECEIVED A DEFECTIVE PRODUCT; YOU MUST CONTACT MOBILEQUBES CUSTOMER SERVICE, OTHERWISE MOBILE QUBES WILL ASSUME THAT THE DEFECT OCCURRED DURING YOUR RENTAL PERIOD
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MOBILEQUBES ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MOBILEQUBES PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED, CONTROLLED, OR UTILIZED BY THE MOBILEQUBES PARTIES.
TERM AND TERMINATION
MobileQubes reserves the right to terminate your access to and use of the MobileQubes Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if MobileQubes believes your conduct fails to conform to these Terms or any Additional Terms or any Updated Terms. MobileQubes also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities and prosecuted to the fullest extent allowed by law.
You can terminate a rental transaction at any time by returning the rented products, or by keeping the products through the maximum rental period, so long as you pay the accrued daily rental charge(s), plus tax where applicable.
MobileQubes also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the MobileQubes Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the MobileQubes Platforms, with or without notice. You agree that MobileQubes will not be liable to you or to any third party for any modification, suspension or discontinuance of the MobileQubes Platforms or any part thereof. MobileQubes also reserves the right to charge for use of the MobileQubes Platforms, in whole or in part, and to change its fees from time to time in its discretion and without prior notice.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the MobileQubes Platforms and its Materials are made available for use in the United States.
The information provided on the MobileQubes Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MobileQubes to any registration requirement within such jurisdiction or country. Anyone using or accessing the MobileQubes Platforms from locations outside of the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the MobileQubes Platforms and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software, products, or contents related to or made available by this MobileQubes Platforms may be subject to United States export controls. Thus, no software from this MobileQubes Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to, or assessing any product from MobileQubes Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the MobileQubes Platforms, including, without limitation, those governing your transmission or use of any software or data.
GOVERNING LAW; DISPUTES
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF LOUISIANA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A MOBILEQUBES PLATFORM, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN ORLEANS PARISH, LOUISIANA AND YOU CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN ORLEANS PARISH, LOUISIANA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY MOBILEQUBES PLATFORM MUST BE COMMENCED IN ACCORDANCE WITH THE LOUISIANA STATUTE OF LIMITATIONS, OR SIMILAR APPLICABLE FEDERAL LAWS.
The failure of MobileQubes to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit MobileQubes rights with respect to such breach or any subsequent breaches. No waiver by MobileQubes of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized employee of MobileQubes. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. MobileQubes may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without MobileQubes prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against MobileQubes by virtue of MobileQubes having drafted them.
MobileQubes will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond MobileQubes’ reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Notwithstanding termination of your use of the MobileQubes Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “User Comments and Postings,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”
If you should have any questions or comments, please contact our toll-free customer service phone number.