Last Updated: 10/01/2018
Description of Service
The Service helps users to locate food trucks for their own dining purposes, and to reserve food trucks for promotions or events, to find Mobile Service Providers to perform service at locations such as user's office or place of work. The Service also provides a marketplace to connect buyers and sellers of mobile service and food vendors, and to connect food truck operators with third-party providers of mobile vendors or food-truck-related services (such as Marketing, Promotion and event services).
While we provide information as part of our Service, such information is provided through the Service solely for convenience. We do not warrant that such information is up-to-date, accurate, or reliable, and you should take reasonable steps to confirm all information on the Service before choosing to rely on it. We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the food, beverages, food trucks, or other products or services sold or provided by users of our Service, or of the integrity, responsibility, or any actions of any users of our Service. We make no representations about the suitability, reliability, timeliness or accuracy of any user interactions, whether online or offline. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER MOBLZ NOR ITS AFFILIATES (COLLECTIVELY, THE “MOBLZ PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. the MOBLZ parties DO NOT INSPECT, WARRANT, OR ENDORSE ANY FOOD, FOOD TRUCKS, OR FOOD TRUCK RELATED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IT IS THE SOLE RESPONSIBILITY OF THE PRODUCT OR SERVICE PROVIDER INVOLVED IN ANY TRANSACTIONS (E.G., THE FOOD TRUCK owner or operator, OR OTHER PROVIDER OF MOBILE VENDORS OR FOOD TRUCK SERVICES), NOT MOBLZ, TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, INCLUDING BUT NOT LIMITED TO, APPLICABLE HEALTH AND SAFETY CODES AND VEHICLE SAFETY AND WARRANTY LAWS. THE MOBLZ PARTIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF INFORMATION, PRODUCTS, OR SERVICES OBTAINED OR MADE AVAILABLE THROUGH THE SERVICE.
Certain features of the Service may require you to create an account. When registering for a MOBLZ account, you must provide true, accurate, and complete information and promptly update this information to keep it current. You represent that you are (1) at least thirteen (13) years old and (2) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
You agree not to create an account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall not have more than one account at any time. You are solely responsible for: (a) maintaining the security of any logins, passwords, or other credentials that you select or that we provide to you to access your MOBLZ account; (b) all activities that occur through your account; and (c) exiting your account at the end of each session. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to firstname.lastname@example.org.
If you register for an account by logging into a social networking site, SNS or social media (“SNS”), you represent that you are entitled to disclose your SNS login information to us and/or grant us access to your SNS account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR SNS ACCOUNT.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
You agree not to create an account or use the Service if you have been previously removed or banned from the Service.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of MOBLZ.
License to the Service
The Service and all information and other content available therein are protected by copyright laws throughout the world. Unless otherwise specified by MOBLZ in a separate license, your right to use the Service is subject to the Terms.
Subject to your compliance with these Terms, MOBLZ grants you a non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and use the Service.
Subject to your compliance with the Terms, MOBLZ grants you a non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App, on a single mobile device or computer that you own or control, solely as necessary to use the Service.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, scrape, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reverse engineer (except as permitted by applicable law), decompile, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service; (f) you may not use the Service for third party advertising purposes; (g) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (h) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (i) remove, alter, or obscure any proprietary notices (including copyright, trademark, service mark, or other proprietary notices) incorporated in or accompanying on any portion of the Service or any content available from the Service; or (j) use the Service, in whole or in part, to build a competitive service.
The Service may incorporate a feature that allows users to upload and post photos or other materials or information on the Service ("User Content"). You agree that you, and not MOBLZ, are solely responsible for all User Content that you make available on the Service. You represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. For any User Content that you make available on the Service, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and MOBLZ’s business, including without limitation for promoting the Service. You retain all rights in your User Content, subject to the rights granted to MOBLZ in these Terms. Please remember that other users may search for, see, use, modify and reproduce any of your User Content that you submit to any “public” area of the Service. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Notwithstanding anything contained herein to the contrary, by making your User Content available on the Service, you hereby expressly permit us to identify you by your username as the contributor of your User Content in any publication in any form, media or technology now known or later developed in connection with your User Content.
Any User Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter.
You may not post or submit for print services a photograph of another person without that person’s permission.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, or abusive; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with MOBLZ’s or its partners’ products and services, as determined by MOBLZ in its sole discretion; (vi) in MOBLZ’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose MOBLZ, its affiliates, or users to harm or liability of any nature; or (vii) includes any personally identifying information.
You acknowledge that MOBLZ has no obligation to pre-screen any content on the Service, including but not limited to User Content, although MOBLZ reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content. We reserve the right to investigate any potential violations of these Terms or applicable law, and we may, in our sole discretion, immediately terminate your license to use the Service, delete your account, or pre-screen, refuse, or remove any content. In the event that we take any actions, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any content that violates the Terms or is otherwise objectionable in our sole determination.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or intercede in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other activities, whether online or offline. You agree that MOBLZ will not be responsible for any liability incurred as the result of such interactions.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the User Content expressed or made available via the Service are those of the respective authors or producers and not of MOBLZ or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will MOBLZ or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service. We do not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Service and to seek qualified professional assistance as applicable.
It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
169 Boone Sq Street, Suite 230, Hillsborough, NC 27278
Except with respect to User Content, you agree that MOBLZ and its licensors and suppliers own all rights, title and interest in Service, including but not limited to, any content appearing on or in the Service.
MOBLZ’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of MOBLZ and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Service are the property of their respective owners.
Except with respect to your User Content, you agree that you have no right or title in or to any content that appears on or in the Service.
Access; Modifications to the Service
MOBLZ does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers). MOBLZ reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. MOBLZ will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
If you provide feedback to MOBLZ regarding the Service ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize MOBLZ to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to MOBLZ a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Term and Termination
If you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of the Service is, or becomes, unlawful), or if we choose to discontinue the Service (in part or in whole), we have the right to, immediately and without notice, suspend or terminate the Service provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service in our possession in connection with your use of the Service, including but not limited to, your User Content, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of MOBLZ, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
You may terminate your use of the Service at any time by terminating your account and deleting the App from your mobile device. Termination of your account is your sole right and remedy with respect to any dispute with MOBLZ regarding the Service or the Terms.
Upon termination of your account or your access to the Service, your right to use the Service terminates immediately and you must destroy or delete any copy of the App in your possession. Termination of your account or access may include deletion of your account, including your User Content from our live databases. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither MOBLZ nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any suspension or termination of the Service or your access to the Service, including for deletion of any content or other data. All provisions of the Terms which by their nature should survive, shall survive termination of your account or access to the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If your registration(s) with or ability to access the Service is terminated by MOBLZ due to your violation of any portion of the Terms or for otherwise inappropriate conduct, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, MOBLZ reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
We may email or provide you coupons, offers, and other specials from MOBLZ or third parties (collectively "Promotions"). MOBLZ is not responsible for the redemption, errors, omissions, or expiration of any third party Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any third party merchant to complete the Promotion (including the sale in accordance with the offer).
The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (collectively, “Third-Party Ads”). When you click on a link to a Third-Tarty Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Service and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under our control. We are not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. We provide these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that the availability of the App and the Service is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and MOBLZ and not with the App Store. MOBLZ, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Service. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Special Terms Regarding Apple
If you download the App from Apple, Inc.’s App Store: (a) your use of the App must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service; (b) you may only use the App on an Apple-branded product that runs iOS and (c) you acknowledge that these Terms are entered into solely between you and MOBLZ. These Terms are not intended to provide for usage rules for the App that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between MOBLZ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MOBLZ.
As between MOBLZ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between MOBLZ and Apple, MOBLZ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS " AND "AS AVAILABLE" BASIS WITH ALL FAULTS. THE MOBLZ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE MOBLZ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE MOBLZ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE.
THE MOBLZ PARTIES DO NOT WARRANT THAT ANY FOOD TRUCK INFORMATION WILL BE ACCURATE, INCLUDING BUT NOT LIMITED TO, THE DESCRIPTION OF THE FOOD TRUCK OR LOCATION OF A FOOD TRUCK. PLEASE CONTACT THE APPLICABLE FOOD TRUCK OPERATOR TO CONFIRM FOOD TRUCK INFORMATION PRIOR TO VISITING THE FOOD TRUCK LOCATION.
The MOBLZ Parties make no warranty regarding the quality of any goods, or the accuracy, timeliness, truthfulness, completeness or reliability of any User Content obtained through the Service. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for item, or that any buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from a seller to a buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. We cannot guarantee continuous or secure access to the Service and operation of the service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBLZ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE MOBLZ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MOBLZ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT THE MOBLZ PARTIES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE MOBLZ PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE.
SOME STATES MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
THE MOBLZ PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, EVEN IF THE MOBLZ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO ARISING OUT OF THE USE OF THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL AGGREGATE LIABILITY OF THE MOBLZ PARTIES TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF ALL FEES PAID TO MOBLZ BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
THE MOBLZ PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT OR PERSONALIZATION SETTINGS).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBLZ AND YOU.
BECAUSE SOME STATES DO NOT ALLOW THE CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold MOBLZ, its affiliates, directors, officers, agents, employees, licensors, suppliers, and distributors harmless from any costs, damages, expenses, and liability arising out of or in connection with your use of the Service, your User Content, your violation of these Terms, your violation of any rights of a third party through use of the Service, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to the Service.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MOBLZ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Except as expressly provided herein, all claims and disputes (excluding claims for emergency injunctive relief as set forth below) in connection with the Terms or the use of any product or service provided by MOBLZ that cannot be resolved informally or in small claims court shall be resolved exclusively by binding arbitration on an individual basis under the terms of this arbitration provision (“Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and MOBLZ, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notwithstanding the foregoing, you have the right to opt out of the arbitration provisions of this Arbitration Agreement by mailing written notice of your decision to opt out to the following address:
[MOBLZ, Inc., Attn: Legal, 169 Boone Sq Street, Suite 230, Hillsborough, NC 27278].
To be effective, your opt-out notice must be postmarked within 30 days of your first use of MOBLZ’s Website. If you timely send this notice, then the obligation to arbitrate disputes will not apply to either party and you must litigate pursuant to the subparagraph below. If you do not timely send this notice, then you agree to be bound by this Arbitration Agreement in its entirety.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MOBLZ should be sent to:
[MOBLZ, Inc., Attn: Legal, 169 Boone Sq Street, Suite 230, Hillsborough, NC 27278]. After the Notice is received, you and MOBLZ may attempt to resolve the claim or dispute informally. If you and MOBLZ do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary in these Terms, if the arbitrator grants you an award that is greater than the last settlement offer that MOBLZ made to you prior to the initiation of arbitration, MOBLZ will pay you the greater of the award or US $2,500.
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or MOBLZ pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and MOBLZ, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MOBLZ.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT (OTHER THAN A SMALL CLAIMS COURT) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and MOBLZ in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MOBLZ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your user relationship with MOBLZ.
Notwithstanding the foregoing, either you or MOBLZ may bring an individual action in small claims court.
Notwithstanding the foregoing, either party may seek emergency injunctive relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, and for claims involving users who have delivered an effective opt-out notice pursuant to the subparagraph above, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
Notwithstanding any provision in these Terms to the contrary, we agree that if MOBLZ makes any future material change to this Arbitration Agreement, such change will not apply to any individual claim(s) that you had already provided notice of to MOBLZ prior to the effective date of the change.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability of Terms
The failure of MOBLZ to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MOBLZ. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. For contractual purposes, you (1) consent to receive communications from MOBLZ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MOBLZ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your download of the App or use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
You hereby irrevocably release the MOBLZ Parties and their successors from claims, demands, any and all liabilities, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites, third-party products and services (including without limitation any food or beverage obtained through food trucks listed on the Service), or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
MOBLZ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that MOBLZ intends to introduce such services or content in your country. The Service is controlled and offered by MOBLZ from its facilities in the United States of America. MOBLZ makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by MOBLZ are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products, services or technology provided by MOBLZ, either directly or indirectly, to any country in violation of such laws and regulations.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at MOBLZ, 169 Boone Sq Street, Suite 230, Hillsborough, NC 27278, or by telephone at (866) 994-7467.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
For questions, comments, complaints, or claims related to the Service, please contact MOBLZ at:
Attn: Support Team
169 Boone Sq Street, Suite 230
Hillsborough, NC 27278
We will do our best to address your concerns. If you have a complaint and feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.