Last updated October 12, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECTS YOUR RIGHTS.
Thanks for using Mobilize! Our mission is to help mission-driven organizations manage events and recruit volunteers.
These Terms of Service (“Site Terms”) apply to your access to, and use of, the Mobilize services (including our website, web-based applications, and any other tools, products, or services provided by Mobilize that link to or reference these Site Terms) (collectively, the “Site”). The Site is provided by MobilizeAmerica, Inc. (“MAI” or “Mobilize” or “we” or “our” or “us”) located at 87-89 5th Ave, Suite 600, New York, NY 10003.
Mobilize reserves the right to change or modify any of the terms and conditions contained in the Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised terms on the Site. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Site Terms on this web page, through the Site, or via email, and you waive any right you may have to receive specific, individual notice of such changes or modifications. By continuing to use our site after we post changes or modifications, you confirm that you accept those changes or modifications. Therefore, you should review the Site Terms and applicable policies often to understand the terms and conditions that apply to your use of the Site. If you don’t agree to the amended terms, you must stop using the Site.
If you have any questions regarding the use of the Site, please refer first to the Help Section. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org.
If you submit feedback or suggestions about the Site, you agree that we may use your feedback or suggestions without obligation to you..
2. Using Our Site
a. Text Messaging
Mobilize may send you recurring, automatic “Text Messages” about an event for which you are registered, on behalf of the relevant campaign or organization that is hosting or organizing the event. Your consent to receive Text Messages is not a condition of using the Site, and you can cancel this service at any time. You will receive these Text Messages if you provide your consent in one of two ways: (1) you provide Mobilize with your phone number when signing up for an event; or (2) if you provide your consent to the organization running the event and the organization registers you and subsequently provides Mobilize with your phone number. Once your consent is provided, Mobilize will send informational Text Messages to you about all of the events for which you are registered, until you opt out. See below for details on how to opt out.
In addition, if you provide further consent (for example, by checking the opt-in checkbox), you will receive Text Messages from Mobilize on behalf of Mobilize and /or other organizations Mobilize that Mobilize believes may be of interest to you.
You may receive Text Messages even if your phone number is on a corporate, state, or national Do Not Call list or registry. You understand that you are not required to provide such further consent to receive Text Messages as a condition of using the Site, and you can opt-out of receiving Text Messages at any time by texting STOP. For Help, text HELP or contact us at email@example.com.
Message and data rates may apply. Neither Mobilize nor the participating carriers guarantee that Text Messages will be delivered.
Mobilize may discontinue its Text Messaging program at any time, without notice.
b. Short Code Text Messages
These Short Code Terms apply to automated Text Messages sent to you by Mobilize via short code 30837. Message and data rates may apply. Message frequency varies.
Your consent to receive Text Messages is not a condition of using the Site, and you can cancel this service at any time. Just text "STOP" to 30837. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive Text Messages from us.
If you want to join again, just sign up as you did the first time. If at any time you forget what keywords are supported, just text "HELP" to 30837. We will respond with instructions on how to use our Text Messaging service, as well as how to unsubscribe.
Participating carriers are: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Note: T-Mobile is not liable for delayed or undelivered messages. For all questions about the Text Messaging services provided by this short code, you can send an email to firstname.lastname@example.org.
c. Email Notifications
In connection with your use of the Site, we may send you service announcements, administrative messages, signup confirmations, event updates, promotions, and other information via email. You may opt out of our marketing emails by clicking on the “unsubscribe” link. Please be aware that there may be a brief period before we are able to process your opt-out.
d. Your Account
You may need an account in order to use certain aspects of the Site or sign up for an event. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points (each, an "Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Site accounts, including the activities of any individual with whom you share your Site account or an Activated Device.
If you learn of any unauthorized use of your account, please contact us at email@example.com.
3. Limited License to Use the Site
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site (including, without limitation, the Mobilize logo), and all designs, text, graphics, pictures, information, data, software running on our (and our vendors’) servers, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Mobilize, or its licensors, and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive, non-assignable, and non-sublicensable license to access and use the Site for your informational, non-commercial and personal use only. Such license is for the sole purpose of enabling you to use and enjoy the benefit of the Site, as provided by us, in accordance with these Site Terms, and does not include: (a) any right for the resale or commercial use of the Site or the Site Materials; (b) the distribution, public performance, or public display of any Site Materials; (c) any right to modify or otherwise make any derivative uses of the Site, the Site Materials, or any portion thereof; (d) use of any data mining, robots, or other data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose in accordance with these Site Terms. Any use of the Site or the Site Materials other than as specifically authorized in these Site Terms, without the prior written permission of Mobilize, is strictly prohibited and will terminate the license granted to you by Mobilize in these Site Terms. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Site Terms, nothing in these Site Terms shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Mobilize has adopted a policy of terminating and/or removing (as applicable), and in our sole discretion, users that we deem to be repeat infringers of intellectual property rights or the requirements of these Site Terms, and/or re-posted content that we have previously deemed to infringe intellectual property rights or the requirements of these Site Terms. We may also, in our sole discretion, limit access to the Site and/or terminate the accounts of any user who infringes any intellectual property rights of another user or person, whether or not there is any repeat infringement. You agree that we have no liability to you for any action taken under this section.
5. Copyright Complaints
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and clients to do so. Please don’t copy, upload, download or share content unless you have a right to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Site infringes upon your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of U.S. District Court for the Southern District of New York, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- "Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Siteervices.
The contact information for our Designated Agent is:
Attention: Alfred Johnson
87-89 5th Ave, Suite 600
New York, NY 10003
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at firstname.lastname@example.org. You agree that we have no liability for any action taken under this section.
“MOBILIZE”, the Mobilize logos, and any Mobilize slogans contained in the Site are trademarks of MAI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MAI. You may not use any metatags or any other "hidden text" utilizing "Mobilize" or any other name, trademark or product or service name of Mobilize, without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MAI and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, trade names, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for your noncommercial purposes, provided such link does not portray Mobilize in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Mobilize logo or other proprietary graphic of MAI to link to the Site without the express written permission of MAI. Further, you may not use, frame, or utilize framing techniques to enclose any MAI trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site, without MAI's express written consent. Except as noted above, these terms do not grant you any right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or other proprietary right of Mobilize or any third party.
Mobilize is not responsible for the quality, content, nature, reliability, or privacy or security practices of any third-party web sites, services, or apps that are accessible by hyperlink or otherwise from the Site, or web sites that link to the Site. Such sites are not under the control of Mobilize, and Mobilize is not responsible for them. When you leave the Site, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering and usage practices, of any site to which you navigate from the Site.
8. Third Party Content and Events
Mobilize may display, provide information regarding, or provide links to third-party events, websites, content, applications, tools, services, data, or materials (collectively, "Third-Party Events and Materials"), and may initiate or facilitate communications between you and third parties regarding such Third-Party Events and Materials. However, Mobilize does not endorse or control, and makes no representations or warranties of any kind regarding, any such third parties or any Third-Party Events and Materials. Your participation in or use of any Third-Party Events and Materials, and your dealings or correspondence with any third parties in connection therewith (including communications facilitated via the Site), are solely between you and such third party. Mobilize is not responsible or liable for any Third-Party Events and Materials, for any loss or damage of any sort incurred as the result of any Third-Party Events and Materials, or your interaction with any third parties.
Your attendance at or use of any Third-Party Events and Materials is at your own discretion and risk.
9. User Content and Conduct; Your Interactions with Other Users
The Site includes areas in which you may upload, post, store, transmit, and/or share content, messages, events, and other materials with other users of the Site ("User Content"), and in doing so you must follow these Site Terms and the rules and policies referenced in these Site Terms. You are solely responsible for your User Content. You agree not to post, upload, share, store, or otherwise publish any of the following through the Site:
You agree not to post, upload, share, store, or otherwise publish any of the following through the Site:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, or ”hate speech” (demeaning race, gender, age, religious or sexual orientation, etc.);
b. User Content that would constitute, encourage, or provide instructions for a criminal offense (such as child pornography) violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. User Content in the form of unsolicited promotions, or, advertising;
f. User Content that contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, financial account information, or credit or debit card numbers;
g. User Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files or code; and
h. User Content that, in the sole judgment of Mobilize, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Area (as defined below) or the Site, or that may expose Mobilize or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following:
• Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Stalk, intimidate, threaten, or otherwise harass or bully other users;
• Send, distribute, or post spam, or excessive or unsolicited commercial messages;
• Harvest or otherwise collect information about users, including email addresses, without their consent
• Use the Site for any illegal or unauthorized purpose or to engage in, encourage, or promote any illegal activity, or any activity that violates these Site Terms; or
• Circumvent, or attempt to circumvent, any filtering, security measures or other features that Mobilize may from time to time adopt to protect the Site, its users, or third parties.
• Use the site or any Mobilize services in such as way that violates Mobilize’s firewall policy (“Firewall”), which is maintained in compliance with 11 C.F.R. § 109.21 and other applicable state campaign finance regulations. The purpose of the Firewall is to prevent the flow of non-public information between "coordinated" entities (such as candidates or political parties) and "independent" entities (groups making independent expenditures) during elections. The Firewall prohibits users from (1) sharing non-public information regarding an event sponsored by a candidate or political party with an affiliate of a group making independent expenditures or (b) sharing any non-public information regarding an event sponsored by a group making independent expenditures with a candidate or political party. Non-public information refers to any information about the event that is not available on a public feed (e.g., the the event’s total number of attendees).
Mobilize is not responsible or liable for the conduct of any other user on or off the Site, or for any content posted or otherwise published by any other user, including in any area of the Site that enables you to interact with other users of the Site, such as our email proxy and relay services (collectively, an “Interactive Area”). Any use of the Interactive Area or other portions of the Site violating the foregoing may result in, among other things, termination or suspension of your rights to use the Interactive Area and/or the Site. When you post, submit, or otherwise transmit User Content using the Site, you grant Mobilize (and those we work with) a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform and display your User Content in any media. The rights you grant in this license are for the limited purposes of operating, promoting, and improving our Site, and to develop new sites and services. This license continues even if you stop using our Site. You represent and warrant that you have the necessary rights to grant us this license to your User Content, and that your User Content does not violate these Site Terms or any rights of any person or entity.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Site or meet in person. You understand that Mobilize does not conduct criminal or other background checks on its users or otherwise inquire into the background of its users. Mobilize makes no representations or warranties about the conduct of users.
Enforcement of the user content or conduct rules set forth in these Site Terms is solely at Mobilize's discretion, and failure to enforce such rules in any instance does not constitute a waiver of our right to enforce such rules in any other instance. In addition, these Site Terms do not create any obligation for Mobilize to ensure that the Site will not contain any content that is prohibited by the Site Terms, or any liability for our failure to do so. As a provider of interactive services, Mobilize is not liable for any statements, representations, or content provided by its users, including in any Interactive Area. Neither Mobilize, nor any of its clients, have any obligation to screen, edit, or monitor any of the content posted in any Interactive Area or other area of the Site. However, Mobilize and its clients reserve the right to monitor, and Mobilize has absolute discretion to screen, remove, and/or edit, any content (including User Content) posted or stored on the Site, including in any Interactive Area, at any time and for any reason, with or without notice. You are solely responsible for creating backup copies of and replacing any of User Content that you post or store on the Site at your sole cost and expense.
If you submit feedback or suggestions about the Site, you agree that we may use your feedback or suggestions without obligation to you. We want your feedback and suggestions on how to make our service better.
You agree to defend, indemnify and hold harmless Mobilize, its affiliated companies, and their respective directors, officers, employees, agents, and contractors from and against any claims, losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your actual or alleged violation of these Site Terms, (b) your User Content, (c) your violation of the rights of any third party and / or (d) your misuse of the Site. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
11. Disclaimer and Release
OTHER THAN AS EXPRESSLY SET OUT IN THESE SITE TERMS, NEITHER MOBILIZE, NOR ITS SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. THE SITE AND THE SITE MATERIALS ARE PROVIDED "AS IS", AND MOBILIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. MOBILIZE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MOBILIZE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
12. Liability for the Site
TO THE EXTENT NOT PROHIBITED BY LAW, MOBILIZE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER THESE SITE TERMS OR RELATING TO YOUR USE OF THE SITE.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF MOBILIZE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE SITE TERMS OR RELATING TO YOUR USE OF THE SITE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE (OR, IF WE CHOOSE, TO SUPPLY YOU THE SITE AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SITE, MOBILIZE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, EPIDEMICS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
13. Binding Arbitration
Without limiting Sections 11 or 12 above, you agree to the following:
a. Purpose. Any and all Disputes (as defined below) involving you and Mobilize will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 13 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Site Terms, this Section 13 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
b. Definitions. The term "Dispute" means any claim or controversy related to the Site, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Site Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Site Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Mobilize" means MobilizeAmerica, Inc. and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Site.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Mobilize by mail to 87-89 Fifth Avenue, Suite 701, New York, New York, 10003.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Mobilize may bring an individual action in a small claims court in the area where you access the Site if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Mobilize about your Dispute. You can obtain the JAMS Rules from JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Site Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS Rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Mobilize agree otherwise, any arbitration hearing will take place in New York, New York.
The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of JAMS’s fees and costs will be Mobilize’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Mobilize for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Mobilize will pay all fees and costs that it is required by law to pay.
h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND Mobilize AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
14. Modifying and Terminating the Site
We are constantly changing and improving our Site. We may add or remove functionalities or features, and we may suspend or stop all or part of the Site altogether, at any time, without any notice or liability.
You can stop using our Site at any time, although we’ll be sorry to see you go. We may also stop providing the Site to you, or add or create new limits to our Site, at any time.
Sections 10-15 will survive termination or expiration of these Site Terms indefinitely.
Without limiting anything in any other section of these Site Terms, Mobilize reserves the right to investigate and/or terminate your account if you have violated these Site Terms, misused the Site, or behaved in a way that Mobilize regards as inappropriate or unlawful, including actions or communications that occur on or off the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
16. About these Site Terms; Questions & Contact Information.
The laws of the United States and the State of New York, excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these Site Terms or the Site.
You may not assign or delegate your rights or obligations relating to these Site Terms or your account for the Site without our prior written consent. We may assign these Site Terms or assign or delegate any of our rights or obligations at any time.
Questions or comments about the Site may be directed to Mobilize at email@example.com