Mobile Terms And Conditions Of Use
User's Acknowledgment and Acceptance of Terms
Description of Services
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including but not limited to a mobile device, computer, and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that the services available on this App are provided “AS IS” and that Rable assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Registration Data and Privacy
Conduct on the App
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this App, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including but not limited to text, communications, software, images, sounds, data, or other information that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the company’s rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including but not limited to any of Rable’s employees or representatives.
You agree that Rable may at any time, and at the Company’s sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Rable will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under the company’s control, and you acknowledge that Rable is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is the company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Certain of the ideas, software and processes incorporated into the various services that are available on this App are protected by patent applications pending in the United States, and Rable intends to prepare and file additional patent applications in selected foreign jurisdictions.
Please do not submit confidential or proprietary information to the App or to us unless Rable has mutually agreed in writing otherwise. Rable is also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
Rable respects the intellectual property of others, and the company asks you to do the same. If you or any user of this App believes its copyright, trademark or other property rights have been infringed by a posting on the App, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(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 copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(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, 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Please contact Rable, LLC for Claimed Infringement at email@example.com.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Rable may immediately remove the identified materials from our App without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RABLE MAKES NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE APP FROM US OR THE COMPANY’S AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. RABLE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS APP MAY BE OUT OF DATE, AND RABLE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the App, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. RABLE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF RABLE’S AFFILIATES.
Before purchasing products and services on or through this App, review the fees and/or pricing so such products and services located on the App.
Content available through this App often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Rable. Rable does not endorse, nor is the company responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized company spokesperson speaking in his/her official capacity.
In addition, the materials on this App may include documents and/or content, including but not limited to financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Rable or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this App, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this App. In particular, you are urged to consult an appropriate licensed professional in your jurisdiction before using any Forms or otherwise relying on any financial, legal, accounting, or other professional advice or information obtained on or through this App.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL RABLE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS APP.
FURTHER, RABLE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and the company’s Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this App. Rable reserves the right, at the company’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the App. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Rable assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Email Services; Direct Messaging
Rable may employ automated monitoring devices or techniques to protect users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that Rable deems inconsistent with the company’s business purposes. However, such devices or techniques are not perfect, and Rable is not responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes or inboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, Rable may employ automated devices that delete or block e-mail messages that exceed the limit. Rable will not be responsible for such deleted or blocked messages.
Use of Site and Storage of Material
You acknowledge that Rable may establish general practices and limits concerning use of the services available on the App, including but not limited to the maximum number of days that uploaded content will be retained on the App, the maximum storage capacity that will be allotted or the company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that Rable has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this App. You acknowledge that Rable reserves the right to terminate accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that Rable reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of users may operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including but not limited to excessive consumption of CPU time, memory, storage capacity, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This App is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Rable takes reasonable precautions to preserve and protect the material you upload, publish, and/or post, you should not rely on the site as a storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded, published, and/or posted. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Rable’s personnel will never ask you for your password. You may not transfer or share your account with anyone, and Rable reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Software available on or through this App is subject to United States Export Controls. No software from this App may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, 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.
Although this App may be accessible worldwide, we make no representation that materials on this App are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with international or local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited.
Termination of Use
This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this App and the purchase of products and services available through this site. The user and Rable agree and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Denton County and the United States District Court for the Northern District of Texas with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, Rable may broadcast notices or messages through the App to inform you of changes to the App or other matters of importance, and such broadcasts shall constitute notice to you.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this App, or use of or access to this App.
In addition to any excuse provided by applicable law, Rable shall be excused from liability for non-delivery or delay in delivery of products and services available through the company’s site arising from any event beyond the company’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond the company’s reasonable control, whether or not similar to those which are enumerated above.