Terms & Conditions
Terms of Use Agreement
This Agreement constitutes a valid, binding contract between you and Longboat Technology Group LLC, a Washington limited liability corporation ("Longboat Mobility", "we", "us" or "our"), the owner and operator of the sites located at www.longboatmobility.com, www.dspcats.com and www.dspphones.com ("Site") with regard to your use of the Site. Longboat Mobility provides its products and services and other content on this Site to you subject to your compliance with the terms of this Agreement. Please note that your use of our Site constitutes your agreement to follow and be bound by this Agreement. Accordingly, if you do not agree to these terms, please do not use this Site. Longboat Mobility reserves the right to modify this Agreement at any time without prior notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Agreement, as amended. Therefore, we encourage you to review this Agreement whenever you use the Site. Also, please print a copy of the Agreement for your records.
Longboat Mobility takes your privacy very seriously. You may view our Privacy Policy here. If you decide to purchase our services, that purchase and the use of the services are also subject to the terms of our User Subscription Agreement.
Longboat Mobility Services
Longboat Mobility provides a service to our users whereby we analyze the user’s mobile phone bill to determine whether the billing has been completed properly and also to provide recommendations about means to achieve potential savings. These services are provided pursuant to the terms of our User Subscription Agreement. We strive to collect the most current information available about mobile phone pricing options to provide you with neutral analysis to obtain economical usage plans to meet your needs. If you choose to purchase our services, Longboat Mobility cannot guarantee that you will achieve any savings. We are not your carrier and we are not in a position to negotiate with your carrier. Please also know that any report Longboat Mobility may generate is an estimate based on the particular bill a user uploads. Each bill may result in different analysis. If you have spam blocking activated, please add www.longboatmobility.com and www.cellhelpdesk.com to your list of accepted domains. Otherwise, our email to you may be blocked.
Use of this Site
This Site and its contents are intended solely for personal, non-commercial use. Your use of this Site is at the sole discretion of Longboat Mobility. We may deny you further use of this Site at any time, for any reason, with or without cause. Neither your use of the Site nor your registration on nor purchasing from the Site entitles you to continued use of the Site.
You may not use this Site in any manner that could damage, disable, overburden, or impair this Site or the server it is hosted on. You may not obtain any materials or information through the Site that are not intentionally made available. You may not use any device, software, routine, or otherwise take any action to bypass any code that may be included to prevent you from breaching obligations in this paragraph or to attempt to interfere with the proper working of the Site. You may not frame or use framing techniques to enclose any trademark, logo, template, or other proprietary information (including images, text, page layout, or form) of Longboat Mobility or its affiliates. You may not use Meta tags or any other "hidden text" using Longboat Mobility's name or trademarks. You may not engage in systematic retrieval of data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, database, or directory.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the site to:
Use of Content
You may use the Site only for your personal or business accounts. Any content you download or copy is for your personal or business internal use only. No right, title, or interest in any downloaded material or software, is transferred to you as a result of such downloading or copying. You many not reproduce, publish, transmit, distribute, display, modify, create derivative work from, sell, participate in the sale of, or exploit in any way, in whole or in part, any of the content of the Site, the Site, or any related software. All software used on this Site is the property of Longboat Mobility or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Intellectual Property
This Site is protected by copyright, trade secret, patent, trademark, trade dress, and other intellectual property rights. Unless otherwise noted, all materials that are part of the Site (collectively, the "Content") are copyrighted, trademarked, trade dress, and/or other intellectual property owned, controlled, or licensed by Longboat Mobility. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Longboat Mobility and is also protected by U.S. and international copyright laws. The Longboat Mobility logo, and other trademarks, service marks, logos, product names, and service names (collectively, the "Marks") are owned or licensed by Longboat Mobility. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Longboat Mobility. The entire Site, and all object and source code, text, graphics, templates, multimedia content, including, but not limited to, images, illustrations, audio and video clips, HTML, and other markup languages, and all scripts within the Site associated therewith, are copyright 2006 - 2007, Longboat Mobility, Inc.. All rights reserved. Additionally, page headers, custom graphics, button icons, and scripts that are service marks, trademarks, and/or trade dress of Longboat Mobility may not be copied, imitated, or used, in whole or in part, without the prior written permission of Longboat Mobility.
Registration
Longboat Mobility encourages you to establish an account so you can take full advantage of the Site. For us to enable you to complete an analysis of your mobile phone bill, we need you to establish a user profile. We will store your user profile for future use. The information we store in your user profile may include your name, address, billing address, e-mail address, phone number, and other information. Please note, however, that we will not store your credit card, so you will need to reenter it each time you place an order. Please click hereto review our Privacy Policy for additional information. You agree to provide true, accurate, and current information about yourself as prompted by the Site's registration form and to promptly update the registration information to keep it true, accurate, current, and complete.
User Comments and Other Submissions
We always welcome your comments, suggestions, and other submissions regarding the Site and our products and services. It is our intention, however, to avoid the possibility of future misunderstandings that may arise when new functionality, products, and features we develop might be similar or even identical to your idea. Therefore, all comments, suggestions, ideas, proposals, feedback, and other submissions disclosed, submitted, or offered to Longboat Mobility (collectively, the "Comments") shall be and remain Longboat Mobility's property. Such disclosure, submission, or offer of any Comments shall constitute and assignment to Longboat Mobility of all rights, titles, and interests, in all copyrights and other intellectual properties in the Comments. Thus, Longboat Mobility, will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments and will be entitled to reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction. Longboat Mobility is and shall be under no obligation to (1) maintain any Comments in confidence, (2) pay user any compensation for any Comments, or (3) respond to any user Comments. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or creative materials. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsibility for the content of any Comments you make.
Links to Third Party Sites; Advertisers
This Site may contain links to third party websites. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. Our inclusion of links to an outside site does not imply any endorsement of the site or the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Please note that we are not responsible for the accuracy or content of any of those sites. Accordingly, we can neither make representation concerning the content of those sites to you nor can the fact that we have provided this link serve as an endorsement by us of this or any other site. By creating a link to any other website, we are not recommending that website or giving any assurances as to its standing. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on those outside sites or the organizations sponsoring the sites. Longboat Mobility makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the content of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Longboat Mobility shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to Longboat Mobility with advertisers, or as the result of the presence of such advertisers on the Site
Indemnification
You agree to defend, indemnify, and hold Longboat Mobility and its officers, managers, members, agents, employees, licensors, and suppliers harmless from and against any and all claims, damages, losses, costs, and expenses, including without limitation attorneys' fees, and including without limitation claims based on the negligence of Longboat Mobility, arising from or related to the use of the Site by you or any person using your account, the materials the Site contains, and any disputes you may have with your mobile phone carrier. You further agree to indemnify and hold us, our subsidiaries and affiliates, and our officers, managers, members, agents, employees, licensors, and suppliers harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out the use of this Site by you or any person using your account.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LONGBOAT MOBILITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE. IN NO EVENT SHALL LONGBOAT MOBILITY OR ANY OF ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OR YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LONGBOAT MOBILITY SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LONGBOAT MOBILITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Privacy Policy
Longboat Mobility's use of personal information that you may submit to us through this Site is governed by our privacy policy. You can see our Privacy Policy here.
Waiver
Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Modification
You agree that Longboat Mobility may update, revise, supplement, modify, or amend this Agreement at any time and without notice. Any updates, revisions, supplements, modifications, or amendments shall be effectively immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented modified, or amended, regardless of whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications, or amendments. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made part of the Agreement by its express terms.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Longboat Mobility with respect to your use of the Site. The terms contained herein supplement those terms applicable to the purchase of Longboat Mobility reports. In the case of a conflict between this Agreement and the User Subscription Agreement, the terms of the User Subscription Agreement shall control. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in the Agreement and in the User Subscription Agreement. You agree that you have not relied on any other representations, warranties, terms, agreements, or conditions.
The terms in this Agreement as they relate to any services or products made available on this Site are supplemented by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy, clickhere.
Nature of Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Longboat Mobility as a result of this Agreement or your use of the Site (including, but not limited to, your purchasing reports through the Site). No agency, partnership, joint venture, employee-employer, or other relationship is intended or created by this Agreement.
Dispute Resolution
Disputes between you and Longboat Mobility regarding our services should be reported to the info@longboatmobility.com. We will attempt to resolve any disputes you have with us.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Longboat Mobility has endeavored to comply with all legal requirements known to it in creating and maintain this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
The Site (excluding linked sites, if any) is controlled by Longboat Mobility from its offices within the State of Washington, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Washington, by accessing this Web site both you and Longboat Mobility agree that the statutes and laws of the State of Washington, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity) In the case of a dispute, any lawsuit or other legal proceeding between you and Longboat Mobility shall be brought only in the civil district courts of King County, Washington or the United States District Court for the Western District of Washington. You hereby irrevocably and unconditionally consent to the jurisdiction of any such courts and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Longboat Mobility may terminate your right to use this Site and our services, to terminate your account, or to cancel any request for a report, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. If Longboat Mobility terminates your membership because you have breached this or any other applicable agreement, you will not be entitled to any refund of unused fees. The provisions relating to intellectual property, limitations of liability, indemnification and dispute resolution shall survive termination.
Contacting Us
If you have a comment, question, or request, or if you need to contact Longboat Mobility for any other reason, email us at info@longboatmobility.com, or write us at:
Longboat Mobility
Attention: Customer Service
P O BOX 9610
Seattle, WA 98109
You can also call us at 877-686-3996. If you call us but reach an answering machine, please leave a message and your telephone number.
Posted June 4th, 2009
Longboat Mobility takes your privacy very seriously. You may view our Privacy Policy here. If you decide to purchase our services, that purchase and the use of the services are also subject to the terms of our User Subscription Agreement.
Longboat Mobility Services
Longboat Mobility provides a service to our users whereby we analyze the user’s mobile phone bill to determine whether the billing has been completed properly and also to provide recommendations about means to achieve potential savings. These services are provided pursuant to the terms of our User Subscription Agreement. We strive to collect the most current information available about mobile phone pricing options to provide you with neutral analysis to obtain economical usage plans to meet your needs. If you choose to purchase our services, Longboat Mobility cannot guarantee that you will achieve any savings. We are not your carrier and we are not in a position to negotiate with your carrier. Please also know that any report Longboat Mobility may generate is an estimate based on the particular bill a user uploads. Each bill may result in different analysis. If you have spam blocking activated, please add www.longboatmobility.com and www.cellhelpdesk.com to your list of accepted domains. Otherwise, our email to you may be blocked.
Use of this Site
This Site and its contents are intended solely for personal, non-commercial use. Your use of this Site is at the sole discretion of Longboat Mobility. We may deny you further use of this Site at any time, for any reason, with or without cause. Neither your use of the Site nor your registration on nor purchasing from the Site entitles you to continued use of the Site.
You may not use this Site in any manner that could damage, disable, overburden, or impair this Site or the server it is hosted on. You may not obtain any materials or information through the Site that are not intentionally made available. You may not use any device, software, routine, or otherwise take any action to bypass any code that may be included to prevent you from breaching obligations in this paragraph or to attempt to interfere with the proper working of the Site. You may not frame or use framing techniques to enclose any trademark, logo, template, or other proprietary information (including images, text, page layout, or form) of Longboat Mobility or its affiliates. You may not use Meta tags or any other "hidden text" using Longboat Mobility's name or trademarks. You may not engage in systematic retrieval of data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, database, or directory.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the site to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- participate in any transaction that could cause us to violate any applicable law, stature, ordinance, or regulation;
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from , participate in any sale of, any content or material displayed on the site (other than this Agreement, the Privacy and Security policy, and your order confirmation information);
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from, participate in any sale of, upload, post, email, or otherwise transmit or provide any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of another;
- upload, post, email, or otherwise transmit or provide any content that promotes or enables unauthorized copying of another person's copyrighted or proprietary work;
- upload, post, email, or otherwise transmit or provide any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information you know is false, misleading, or promotes illegal activities;
- upload, post, email, or otherwise transmit or provide any content that involves the transmission or "junk mail", "chain letters", or unsolicited mass mailing or spamming;
- solicit passwords or personally identifying information for commercial, unauthorized, or unlawful purposes from other users;
- upload, post, email, or otherwise transmit or provide any material that contains software viruses or any other computer code, files, or programs that are designed to or will interrupt, destroy, or limit the functionality or any computer software, hardware, network, or telecommunications equipment; or
- Engage in any other conduct that is inappropriate for the Site, in Longboat Mobility' sole and absolute judgment.
Use of Content
You may use the Site only for your personal or business accounts. Any content you download or copy is for your personal or business internal use only. No right, title, or interest in any downloaded material or software, is transferred to you as a result of such downloading or copying. You many not reproduce, publish, transmit, distribute, display, modify, create derivative work from, sell, participate in the sale of, or exploit in any way, in whole or in part, any of the content of the Site, the Site, or any related software. All software used on this Site is the property of Longboat Mobility or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Intellectual Property
This Site is protected by copyright, trade secret, patent, trademark, trade dress, and other intellectual property rights. Unless otherwise noted, all materials that are part of the Site (collectively, the "Content") are copyrighted, trademarked, trade dress, and/or other intellectual property owned, controlled, or licensed by Longboat Mobility. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Longboat Mobility and is also protected by U.S. and international copyright laws. The Longboat Mobility logo, and other trademarks, service marks, logos, product names, and service names (collectively, the "Marks") are owned or licensed by Longboat Mobility. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Longboat Mobility. The entire Site, and all object and source code, text, graphics, templates, multimedia content, including, but not limited to, images, illustrations, audio and video clips, HTML, and other markup languages, and all scripts within the Site associated therewith, are copyright 2006 - 2007, Longboat Mobility, Inc.. All rights reserved. Additionally, page headers, custom graphics, button icons, and scripts that are service marks, trademarks, and/or trade dress of Longboat Mobility may not be copied, imitated, or used, in whole or in part, without the prior written permission of Longboat Mobility.
Registration
Longboat Mobility encourages you to establish an account so you can take full advantage of the Site. For us to enable you to complete an analysis of your mobile phone bill, we need you to establish a user profile. We will store your user profile for future use. The information we store in your user profile may include your name, address, billing address, e-mail address, phone number, and other information. Please note, however, that we will not store your credit card, so you will need to reenter it each time you place an order. Please click hereto review our Privacy Policy for additional information. You agree to provide true, accurate, and current information about yourself as prompted by the Site's registration form and to promptly update the registration information to keep it true, accurate, current, and complete.
User Comments and Other Submissions
We always welcome your comments, suggestions, and other submissions regarding the Site and our products and services. It is our intention, however, to avoid the possibility of future misunderstandings that may arise when new functionality, products, and features we develop might be similar or even identical to your idea. Therefore, all comments, suggestions, ideas, proposals, feedback, and other submissions disclosed, submitted, or offered to Longboat Mobility (collectively, the "Comments") shall be and remain Longboat Mobility's property. Such disclosure, submission, or offer of any Comments shall constitute and assignment to Longboat Mobility of all rights, titles, and interests, in all copyrights and other intellectual properties in the Comments. Thus, Longboat Mobility, will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments and will be entitled to reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction. Longboat Mobility is and shall be under no obligation to (1) maintain any Comments in confidence, (2) pay user any compensation for any Comments, or (3) respond to any user Comments. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or creative materials. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsibility for the content of any Comments you make.
Links to Third Party Sites; Advertisers
This Site may contain links to third party websites. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. Our inclusion of links to an outside site does not imply any endorsement of the site or the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Please note that we are not responsible for the accuracy or content of any of those sites. Accordingly, we can neither make representation concerning the content of those sites to you nor can the fact that we have provided this link serve as an endorsement by us of this or any other site. By creating a link to any other website, we are not recommending that website or giving any assurances as to its standing. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on those outside sites or the organizations sponsoring the sites. Longboat Mobility makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the content of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Longboat Mobility shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to Longboat Mobility with advertisers, or as the result of the presence of such advertisers on the Site
Indemnification
You agree to defend, indemnify, and hold Longboat Mobility and its officers, managers, members, agents, employees, licensors, and suppliers harmless from and against any and all claims, damages, losses, costs, and expenses, including without limitation attorneys' fees, and including without limitation claims based on the negligence of Longboat Mobility, arising from or related to the use of the Site by you or any person using your account, the materials the Site contains, and any disputes you may have with your mobile phone carrier. You further agree to indemnify and hold us, our subsidiaries and affiliates, and our officers, managers, members, agents, employees, licensors, and suppliers harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out the use of this Site by you or any person using your account.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LONGBOAT MOBILITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR RELATED TO THE SITE.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LONGBOAT MOBILITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- LONGBOAT MOBILITY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
- LONGBOAT MOBILITY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
- LONGBOAT MOBILITY MAKES NO REPRESENTATION OR WARRANTY THAT:
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LONGBOAT MOBILITY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LONGBOAT MOBILITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE. IN NO EVENT SHALL LONGBOAT MOBILITY OR ANY OF ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OR YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LONGBOAT MOBILITY SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LONGBOAT MOBILITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- ANY PURCHASE RESULTING FROM THE USE OF THE SITE BY YOU OR ANY PERSON USING YOUR ACCOUNT;
- DISPUTES YOU MAY HAVE WITH YOUR MOBILE PHONE CARRIER;
- THE USE OF INABILITY TO USE THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
Privacy Policy
Longboat Mobility's use of personal information that you may submit to us through this Site is governed by our privacy policy. You can see our Privacy Policy here.
Waiver
Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Modification
You agree that Longboat Mobility may update, revise, supplement, modify, or amend this Agreement at any time and without notice. Any updates, revisions, supplements, modifications, or amendments shall be effectively immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented modified, or amended, regardless of whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications, or amendments. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made part of the Agreement by its express terms.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Longboat Mobility with respect to your use of the Site. The terms contained herein supplement those terms applicable to the purchase of Longboat Mobility reports. In the case of a conflict between this Agreement and the User Subscription Agreement, the terms of the User Subscription Agreement shall control. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in the Agreement and in the User Subscription Agreement. You agree that you have not relied on any other representations, warranties, terms, agreements, or conditions.
The terms in this Agreement as they relate to any services or products made available on this Site are supplemented by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy, clickhere.
Nature of Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Longboat Mobility as a result of this Agreement or your use of the Site (including, but not limited to, your purchasing reports through the Site). No agency, partnership, joint venture, employee-employer, or other relationship is intended or created by this Agreement.
Dispute Resolution
Disputes between you and Longboat Mobility regarding our services should be reported to the info@longboatmobility.com. We will attempt to resolve any disputes you have with us.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Longboat Mobility has endeavored to comply with all legal requirements known to it in creating and maintain this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
The Site (excluding linked sites, if any) is controlled by Longboat Mobility from its offices within the State of Washington, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Washington, by accessing this Web site both you and Longboat Mobility agree that the statutes and laws of the State of Washington, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity) In the case of a dispute, any lawsuit or other legal proceeding between you and Longboat Mobility shall be brought only in the civil district courts of King County, Washington or the United States District Court for the Western District of Washington. You hereby irrevocably and unconditionally consent to the jurisdiction of any such courts and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Longboat Mobility may terminate your right to use this Site and our services, to terminate your account, or to cancel any request for a report, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. If Longboat Mobility terminates your membership because you have breached this or any other applicable agreement, you will not be entitled to any refund of unused fees. The provisions relating to intellectual property, limitations of liability, indemnification and dispute resolution shall survive termination.
Contacting Us
If you have a comment, question, or request, or if you need to contact Longboat Mobility for any other reason, email us at info@longboatmobility.com, or write us at:
Longboat Mobility
Attention: Customer Service
P O BOX 9610
Seattle, WA 98109
You can also call us at 877-686-3996. If you call us but reach an answering machine, please leave a message and your telephone number.
Posted June 4th, 2009
