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Terms

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I. SCOPE OF THIS TERMS OF USE

The following terms and conditions govern all use of the MoboTap Website. The Website is owned and operated by MoboTap Inc. (“MoboTap”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MoboTap’s Privacy Policy) and procedures that may be published from time to time on this Site by MoboTap (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website. If these terms and conditions are considered an offer by MoboTap, acceptance is expressly limited to these terms. These Terms may be changed periodically by MoboTap, with changes effective immediately. The Website is available only to individuals who are at least 13 years old.

II. TRADEMARKS AND MATERIALS

MoboTap logos, code, and designs are all property of MoboTap Inc. and are protected by intellectual property law. Use of these items is subject to the Terms of Website and is only permitted within normal use of the Website. Your use of the Website grants you no right or license to reproduce or otherwise use any MoboTap Inc. or third-party trademarks. Modifications to the Website MoboTap may periodically make updates to the Website. Disruptions to the Website are rare but may occur.

III. PRIVACY POLICY

Messages transmitted via MoboTap are subject to the MoboTap Privacy Policy, available online at http://MoboTap.com/privacy

IV. TERMINATION

MoboTap Inc. reserves the right to terminate your access to the Website at any time, with or without cause, with or without notice, effective immediately. You can cancel your use of the MoboTap website by stop using it.

V. DISCLAIMER OF WARRANTIES

The Website is provided “as is”. MoboTap Inc. hereby disclaims all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MoboTap Inc. nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Websites through, the Website at your own discretion and risk.

VI. LIABILITY LIMITATION

In no event will MoboTap Inc., be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or Websites; (iii) for interruption of use or loss or corruption of data. Under no circumstances will MoboTap Inc. be liable for any failure or delay caused by matters beyond reasonable control. VI. INDEMNIFICATION You agree to indemnify and hold harmless MoboTap Inc., their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

VII. MISCELLANEOUS

This Agreement constitutes the entire agreement between MoboTap Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MoboTap Inc., or by the posting by MoboTap Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A.