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