MOBILE MATRADEE.COM AND QUEUE MOBILE.COM WEBSITES TERMS OF SERVICE
BY USING (1) ANY SERVICE PROVIDED BY FULCRUM DESIGN, LLC, SUCH AS MOBILE MATRADEE.COM OR QUEUE MOBILE.COM, HOSTED PROPRIATRY SOFTWARE APPLICATIONS OWED BY FULCRUM DESIGN, LLC, A CONNECTICUT LIMITED LIABILITY COMPANY(“MOBILE MATRADEE® AND QUEUE MOBILE®” OR “WE”) OR ANY SERVICE (THE “SERVICE”) ACCESSIBLE THROUGH HTTP://WWW.MOBILEMATRADEE.COM OR QUEUEMOBILE.COM (THE “MOBILE MATRADEE® AND QUEUE MOBILE®”) OR ANY FEATURE OR FUNCTION OF THE EITHER WEBSITE, OR (3) BY CREATING OR MAINTAINING AN ACCOUNT FOR SERVICE FOR USE BY YOU OR ANY OTHER PERSON, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, UNLESS WE EXPRESSLY AGREE IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF FULCRUM DESIGN, LLC THAT DIFFERENT OR ADDITIONAL TERMS APPLY.
THESE TERMS APPLY TO YOU WHETHER OR NOT YOU CLICK “I AGREE” (OR ANY SIMILAR STATEMENT) THROUGH ANY REGISTRATION OR LOG-IN PROCESS ON THE MOBILE MATRADEE OR QUEUE MOBILE WEBSITES AND WHETHER OR NOT YOU ARE THE REGISTERED MEMBER UNDER A MOBILE MATRADEE® AND QUEUE MOBILE® SERVICE ACCOUNT OR ANOTHER USER OF THE SERVICE OR THE MOBILEMATRATEE® OR QUEUE MOBILE® WEBSITES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ATTEMPT TO USE OR ACCESS THE SERVICE OR THE MOBILE MATRADEE® OR QUEUE MOBILE® WEBSITE.
You will be referred to from time to time as “you” in these Terms of Service. “Master Account Holder” also means you if you are the registered or named holder of a subscription or Account for the Service, or the named Account holder if you are using an Account registered in the name of another person or business. “Account” means the account (a) under which you use the Service, whether registered to you or a Master Account Holder who has provided you access to use his, her, or its account, or (b) that you create on behalf of another person who becomes a Master Account Holder thereby.
1. DESCRIPTION OF SERVICE
The Mobile Matradee® and Queue Mobile® Service allows users to easily send notification messages directly to their customers’ mobile telephones. The Mobile Matradee® and Queue Mobile® Website allows Master Account Holders to create an account for their business or organization, and then to provide access to that Account to other users (“Users”) within that business or
organization. Each User is responsible for his, her or its own actions and usage of the Service and the Mobile Matradee and Queue Mobile Website, and each Master Account Holder is responsible for the actions and usage of all Users under his, her, or its respective Account as well as his, her, or its own actions and usage.
You are responsible for providing the equipment and services, if any, and configuring the same correctly, as necessary for your access to the Service. Mobile Matradee® and Queue Mobile® is not responsible for any telephone or internet connection charges, surcharges, taxes, or other amounts incurred in accessing the Mobile Matradee and Queue Mobile Website or the Service, for which you accept all responsibility. If Mobile Matradee and Queue Mobile specifies, at any time, any particular system requirements or hardware specifications for use of the Service, you will be responsible to provide the same or to cease to use the Service.
2. RIGHT TO USE THE SERVICE; TRIAL OFFERS
You may use the Service only while you are (1) a paying Master Account Holder who subscribes to the Service, (2) using the Service with the express permission of a paying Master Account Holder who subscribes to the Service, or (3) a “free trial” user (limited to one free trial per individual or organization) or a registered participant in an alpha or beta testing program (in either case, your participation may be terminated at any time by Fulcrum Design, LLC for any reason). Unless otherwise specified by Fulcrum Design, LLC or by another express agreement with Fulcrum Design, LLC to the contrary, your right to access or use the Service terminates on the earlier of (a) the date which is the last day of the billing cycle for which the last Service prepayment for the Account has been received by Fulcrum Design, LLC, or (b) the date on which any charge or fee, or other balance due under the Account, is past due and Fulcrum Design, LLC determines, in its discretion, to terminate the Account or suspend the Service, or (c) any other date upon which Fulcrum Design, LLC has the right to terminate the Account or suspend the Service as provided in these Terms of Service or any other applicable agreement or policy.
You represent, to the extent you use any feature of the Service and you are not a Master Account Holder, that you have the express permission of a Master Account Holder to use that Master Account Holder’s Service Account. Conversely, if you are creating or registering an Account on behalf of another person who will become a Master Account Holder thereby, you hereby represent, warrant, and covenant that you have the express authority to register such person, create such Account, and bind such Master Account Holder (as a “Master Account Holder”) to these Terms of Service
and the policies and requirements pertaining to the Service, and you hereby indemnify Fulcrum Design, LLC from any loss, damage, claim or expense (including reasonable attorney’s fees and expenses) arising out of or related to your failure to actually acquire such authority or such new Master Account Holder’s dispute or denial of any such authority. Fulcrum Design, LLC reserves the right to discontinue allowing persons who are not (or who do not become thereby) registered Master Account Holders to create, use, or access Accounts or the Service, whether on an account by account basis or otherwise, in its sole discretion. Fulcrum Design, LLC may establish other reasonable Account or Service registration or usage limits in its discretion. We further reserve the right to refuse Service to any person or organization for any reason, in our discretion.
Fulcrum Design, LLC may discontinue or modify the Mobile Matradee and Queue Mobile trial offers, promotions and special offers at any time in its discretion. We offer free trials to allow you to evaluate the Service prior to committing to a subscription, and because of this (among other reasons), Service subscription purchases are non-refundable. Service plan billing begins at the end of the applicable trial period unless the Master Account Holder has previously and timely canceled the Account. THE MASTER ACCOUNT HOLDER MUST CANCEL HIS, HER OR ITS ACCOUNT PRIOR TO THE END OF THE FREE TRIAL TO AVOID CHARGES.
Each Master Account Holder’s right to use the Service is personal to the Master Account Holder and those employees or other staff of the Master Account Holder who use the Service solely on behalf of the Master Account Holder’s organization. An Account is limited to use for the benefit of a single organization or individual and, if less, at a single physical location. The Master Account Holder may be either an individual or organizational entity, but neither the Master Account Holder, nor any other User, may resell, rent, or timeshare access to the Account or use of the Service, or other materials available on the Mobile Matradee and Queue Mobile Websites without the express prior written consent of Fulcrum Design, LLC.
To use the Service, an Account must be created, and to create an Account, a Master Account Holder (or his, her or its authorized representative) contact via email a master account to email@example.com. including current and accurate Account and contact information, such as a working e-mail address and telephone number (all such information provided shall be referred to herein as “Registration Data”). All Registration Data must be, and must be maintained as, accurate and current during the life of the Account,
and any inaccuracy therein shall be grounds for Account termination. Fulcrum Design, LLC will evaluate the Registration Data and notify you whether your request for an Account is accepted, in its sole discretion.
We may distribute notices and other important information to Master Account Holders to such e-mail addresses, or by publication on the Mobile Matradee and Queue Mobile Website, by transmission through the Service, or by written communication sent by mail to the Master Account Holder address on record. Regardless of method, each Master Account Holder is responsible to assure that all Users of the Account or the Service thereunder are notified accordingly and all such Users shall be deemed to have received such notice when provided to the Master Account Holder of record by reasonable means. Such notices, including any amendments to these Terms of Service determined by Fulcrum Design, LLC in its discretion, or to any policies, rules, or restrictions, shall be effective as against the Master Account Holder and all other Users upon such publication or distribution.
Each Master Account Holder or applicant represents and warrants that he or she is at least 18 years old, and minors are not eligible as Master Account Holders, provided that minors who are at least 16 years of age may use the Service as a User with the permission of the Master Account Holder and of their parents or guardians. Fulcrum Design, LLC may terminate the Account or otherwise restrict access should any Account usage violate the foregoing restrictions.
4. SERVICE PLANS; FEES AND BILLING
The Master Account Holder agrees to pay all fees, usage charges, and other Service charges applied to his, her or its Account in accordance herewith or with the applicable Service plan as described on the Mobile Matradee and Queue Mobile Website, and to comply with applicable stated billing terms (prepaid or post-paid) in effect at the time the fee or charge becomes payable.
Fulcrum Design may make Mobile Matradee and Queue Mobile service available under a number of alternative Service subscription plans. Generally (and subject to the chosen Service plan), Service plans provide for a prepaid, recurring, and automatically renewing periodic subscription to the Service, for which recurring fees are billed, due and payable, in advance. Such recurring fees may, subject to the plan description on the Mobile Matradee and Queue Mobile Website, include fees for all (if an all inclusive plan), or a base minimum amount of, usage during the subscription period. If so stated, excess or burst usage will be billed at the end of the subscription period and due and payable with the prepayment for the next following subscription
period. Prepaid amounts are valid for the billing cycle (the subscription period, such as a calendar month) for which they are prepaid and expire at the end thereof, whether used or not. No refunds for unused capacity, or for partial periods of usage prior to effective Account cancellation, or otherwise, shall be given. Fulcrum Design may modify Mobile Matradee and Queue Mobile subscription fees, or other fees or charges, or the Service available, upon prior notice (by posting on the Mobile Matradee and Queue Mobile Website or by e-mail to the Master Account Holder, or by other reasonable means) at least 10 days prior to the end of the billing cycle for a current plan.
Stated plan fees (whether for a single plan or all three plan options) cover continental U.S. domestic message transmissions only (both originating and end-point, major LATAs only), and any transmission, or any extraordinary communications costs, fees or charges incurred by Fulcrum Design which are not expressly stated to be included within the chosen Service plan, will be billed to the Master Account Holder as extraordinary usage fees, typically at the end of the billing cycle in which such fees are incurred. Each Master Account Holder is also responsible to pay (1) unless they are stated as included in Service charges, any applicable taxes, surcharges, tariffs, and other governmentally imposed amounts on the Service (Service plans typically include most normally anticipated taxes and surcharges; further information available upon request), (2) any penalties, administrative fees, or other amounts arising out of unauthorized payment card usage, charge-backs, bounced checks, and the like, and (3) Account reactivation fees imposed by Fulcrum Design, LLC after Service termination or suspension.
Unless another payment arrangement has been expressly approved in writing by Fulcrum Design, LLC, each Master Account Holder must provide us with a valid payment card number for which the Master Account Holder has authority to incur charges. If the Master Account Holder has subscribed for a Service plan that provides for monthly or other periodic payment card billing, such Master Account Holder hereby authorizes regular billing upon such periodic basis, including charges to be applied to the Master Account Holder’s payment card, according to such plan until cancelled as provided below. The Master Account Holder further authorizes Fulcrum Design, LLC from time to time to determine whether a current payment card number is valid and contains sufficient credit or funds, by period charge authorizations, or otherwise. If a payment card is cancelled or such card has insufficient credit or funds to pay applicable Service fees, the Master Account Holder must immediately provide replacement payment card information with sufficient credit or funds to cover applicable Service fees, or such Account may be suspended or terminated, by Fulcrum Design, LLC.
Time is of the essence for payments hereunder, and any past due amounts shall bear interest at the lower of 15% per annum or the highest rate allowed by applicable law. Each Master Account Holder is responsible for any costs or expenses (including legal or collection agent fees and expenses) of collecting any past due amounts from such Master Account Holder or on his, her, or its Account. Payment obligations are not contingent upon collection of any amounts from any Users or third parties and are personal to the Master Account Holder and may not be assigned or delegated by the Master Account Holder for any reason, and any attempt to do so, even by operation of law, shall be null and void. Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived.
Fulcrum Design, LLC may, without refund, terminate an Account or suspend access to the Service immediately without notice, in Fulcrum Design, LLC ‘s sole discretion, if you or a Master Account Holder whose account you are using, or any other user of that Account, fails to (1) pay all amounts when due, or (2) comply with these Terms of Service, thereby terminating these Terms of Service (except for terms which by their nature should survive) and all obligations of Fulcrum Design, LLC VIP hereunder or with respect to the Service. The Master Account Holder shall be responsible for any balance due on the Account.
5. ACCOUNT RENEWAL, MODIFICATION AND CANCELLATION
Each Account’s Service plan subscription will renew automatically at the end of each billing cycle unless terminated by the Master Account Holder or by Fulcrum Design, LLC as provided herein. A Master Account Holder may cancel his, her, or its Account, or change to another available Service plan, by contacting Mobile Matradee and Queue Mobile through the Contact Us function available on the Mobile Matradee and Queue Mobile Website, effective at the end of the current billing cycle or other subscription period, unless such Master Account Holder has expressly committed to a longer period for such Service plan, in which case such cancellation or modification is effective at the end of such period, by the process required in any agreement for such commitment. Unless otherwise expressly provided in another agreement with Fulcrum Design, LLC, any notice of cancellation or modification must be submitted at least 5 business days’ prior to the end of the billing cycle (the subscription period), so that we have time to process the request, or the current Account plan will renew for another subscription period and cancellation or modification will take affect at the end of the following billing cycle.
6. USER CONDUCT; PERMITTED USES
During registration, an Account username must be selected, after which an Account password will automatically be assigned. The username and password will also be emailed to the Master Account Holder in confirmation of Account acceptance. The Master Account Holder may then modify or personalize the password through the “My Account” page on the Mobile Matradee and Queue Mobile Website. We strongly recommend that the Account e-mail address and password be maintained as secret and provided only to trusted Users on a need-to-know basis. The Master Account Holder will be held liable for all Account use or misuse under the Account to the extent the password (or other information which we may reasonably assume is known only to the Master Account Holder or its trusted Users) was used to access the Account. If you feel there may have been a breach in security, such as the unauthorized disclosure or use of any password, you must promptly notify Fulcrum Design, LLC, and we strongly recommend that you change passwords. Fulcrum Design, LLC is not liable for any loss or damage arising from your, or any Master Account Holder’s or User’s, failure to comply with this section or any unauthorized Account usage.
When creating an Account for, using or accessing the Service, you agree, and each Master Account Holder shall cause all other Users of his, her, or its Account to agree, to abide by all of Mobile Matradee and Queue Mobile’s use policies in effect from time to time, including any Acceptable Use Policy published at the Mobile Matradee and Queue Mobile Website, any policies distributed by email, or any amendments thereto, which policies include, without limitation, the following: you, and each Master Account Holder or other User of the Account (a) shall (i) abide by all applicable laws, rules, and regulations relating to the use, posting or transmission of voice, text, content, software or other matter; and (ii) conform all usage to applicable telemarketing, text messaging, or do-not-call regulations and anti-spamming laws (for which you take sole responsibility for compliance); and (b) shall not (nor allow any person to) (i) use the Service in any manner which is illegal, fraudulent or deceptive (including without limitation any practices likely to deceive any other party contacted through the Service), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene or otherwise objectionable or unlawful; (ii) infringe upon any other person’s trademarks, copyrights, or other proprietary rights, (iii) attempt to gain unauthorized access to any account, the Mobile Matradee and Queue Mobile network, or any related components; or (iv) interfere with another’s use and enjoyment of any Fulcrum Design services.
The Service transmission is SMTP and is intended only for general business, organizational, and personal use and does not have the capacity to deliver messages of an emergency or public safety nature. Accordingly it is strictly
forbidden to use the Service for messages of any emergency, public safety or similar nature. Similarly, the Service is not intended to be HIPAA (health care information privacy regulation) compliant, and no sensitive or covered information should be transmitted or stored with the Service. You agree that Fulcrum Design, LLC or Mobile Matradee and Queue Mobile have no liability to you arising out of or related to any such uses and indemnify Fulcrum Design, LLC, Mobile Matradee and Queue Mobile for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney’s fees and expenses) arising out of your use of the Service for such purposes.
Any violation of Mobile Matradee and Queue Mobile policies by you or anyone using your Account will be grounds for immediate suspension or termination of the Account, at Fulcrum Design, LLC’s sole discretion, and you may be reported to appropriate law-enforcement agencies. Fulcrum Design, LLC shall not be liable for any injury or damage suffered by or during use of the Service, and you hereby indemnify and hold harmless Fulcrum Design, LLC, Mobile Matradee and Queue Mobile and its agents, officers, employees, and providers from any claims, damage, or loss (including attorneys fees and expenses) arising out of your use of the Service or that of any other user of your Account.
7. PROPRIETARY RIGHTS
All information and materials published, transmitted, or otherwise available on the Mobile Matradee and Queue Mobile Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, interactive voice response, menus, audio clips, and video clips, collectively, “Content”) are protected by copyright or trademarked (as applicable), and owned or controlled by Fulcrum Design, LLC, its licensors, or affiliated companies. You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.
The software, hardware, and other technologies which Fulcrum Design, LLC uses to deliver the Service (the “Mobile Matradee and Queue Mobile Technologies”) contain confidential and proprietary information, trade secrets, and other property rights belonging to Fulcrum Design, LLC and its licensors, and all rights to the Mobile Matradee and Queue Mobile Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams,
drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user, customer and consumer information, usage data, databases, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by Fulcrum Design, LLC, you, or otherwise), shall remain exclusively with Mobile Fulcrum Design, LLC and its applicable licensors. Your rights to the Mobile Matradee and Queue Mobile Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All Service is hosted by Mobile Fulcrum Design, LLC and no software code (other than APIs if Mobile Matradee and Queue Mobile agrees to provide the same in its sole discretion) will be provided to you.
You may not, and the Master Account Holder shall not allow any of his, her, or its respective Users to, (a) modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the Mobile Matradee and Queue Mobile Technologies or otherwise attempt to deduce the source code, design, data contents, or data transmission characteristics of the Mobile Matradee and Queue Mobile Technologies; or (b) use packet sniffers or other network or IP tracing technologies on the Service or with the Mobile Matradee and Queue Mobile Technologies except for the specific purpose of optimizing your network for use of the Service in accordance with Mobile Matradee and Queue Mobile Service documentation.
The brand names, slogans, trademarks, service marks, designs, and logos used on the Mobile Matradee and Queue Mobile Website or in conjunction with the Service, including without limitation MOBILE MATRADEE AND QUEUE MOBILE (collectively, the “Marks”) are the trademarks of Mobile Fulcrum Design, LLC and its licensors. You may not copy, display or use the Trademarks in any manner except as may be automatically displayed by the Service or the Mobile Matradee and Queue Mobile Website or as may be provided in a separate express written agreement with Mobile Matradee and Queue Mobile.
8. GOVERNMENT USERS: RESTRICTED RIGHTS
Any Mobile Matradee and Queue Mobile Technology which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities, or any other government, is provided with Restricted Rights. Manufacturer is Fulcrum Design, LLC., 46 Heywood Dr. Glastonbury, CT 06033.
9. SERVICE AVAILABILITY AND MODIFICATIONS; DISCLAIMERS
Fulcrum Design, LLC strives to meet 99.9% uptime with respect to the Mobile Matradee and Queue Mobile Website and the Service. However, this is largely dependent upon the reliability of our providers, and thus we cannot make any specific guarantee or offer any specific legal obligation as to the continuous availability of the Service or any specific feature of the Service. You hereby waive all claims for damages for Service unavailability, scheduled or unscheduled, and the Master Account Holder indemnifies Fulcrum Design, LCC, Mobile Matradee and Queue Mobile for any similar claims made by any other Users on his, her, or its Account.
We may at any time change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service, provided that if any such modification materially interferes with a feature or function that we determine the Master Account Holder relied upon in committing to a specific subscription period, we may, in our discretion, issue a partial refund of the applicable subscription payment. We may also impose reasonable limits on certain features or restrict your access to parts or all of the Service without notice or liability. We do not guaranty that the Service may be accessed from all locations or with all equipment or types of communications access. We do not recommend, and do not support, use of the Service in mission critical situations or on mission critical equipment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILE MATRADEE AND QUEUE MOBILE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE ACCOUNT, THE MOBILE MATRADEE AND QUEUE MOBILE TECHNOLOGIES, THE MOBILE MATRADEE AND QUEUE MOBILE WEBSITE, OR ANY OTHER SERVICE OR MATERIALS PROVIDED BY MOBILE MATRADEE AND QUEUE MOBILE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH IS HEREBY DISCLAIMED). MOBILE MATRADEE AND QUEUE MOBILE MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY DATA WHICH YOU MAY REQUIRE BE STORED IN RESPECT OF THE SERVICE OR YOUR BUSINESS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SERVICE AND THE SERVICE WOULD NOT BE AVAILABLE WITHOUT IT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Further, Fulcrum Design, LLC disclaims any responsibility for the accuracy, content, or availability of information available through the Service, and Mobile Matradee and Queue Mobile shall not be held responsible for the accuracy, legality, or decency of material contained in third-party sites or through third-party services (including any service or content reached through the Service or the Mobile Matradee and Queue Mobile Website), and you hereby irrevocably waive any claim against us with respect thereto.
10. LIMITS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MOBILE MATRADEE AND QUEUE MOBILE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE ACCOUNT OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE MOBILE MATRADEE AND QUEUE MOBILE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MOBILE MATRADEE AND QUEUE MOBILE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, MOBILE MATRADEE AND QUEUE MOBILE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), MOBILE MATRADEE AND QUEUE MOBILE’S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU (OR THE APPLICABLE MASTER ACCOUNT HOLDER AND LIMITED TO A SINGLE-USER ACCOUNT) FOR THE SERVICE SUBSCRIPTION IN THE LAST SIX (6) MOST RECENTLY PAID MONTHS OR, IF LESS, US$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Fulcrum Design, LLC, Mobile Matradee and Queue Mobile, and its subsidiaries, parents, affiliates, managers, owners, officers, directors, agents, resellers, sales affiliates, licensees or
other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with your use of the Service, any other user’s use of your Account, or your or their conduct while using the Service, your violation of these Terms of Service, or your violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.
13. INTERPRETATION, ENFORCEMENT, AND MODIFICATION
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Except when expressly provided by another written agreement with Fulcrum Design, LLC, this is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of Fulcrum Design, LLC.
These Terms of Service shall be governed by and construed in accordance with the laws of Connecticut, without giving effect to any principles of conflicts of law. All actions concerning any dispute arising out of the Agreement, the Account, the Service, or the Mobile Matradee and Queue Mobile Website must be brought in the state or federal courts with appropriate subject matter jurisdiction located in (or having jurisdiction over) Hartford, County, Connecticut, and each party consents to the jurisdiction and appropriate venue thereof, provided that actions for injunctive relief may be brought where sought to be enforced.
Fulcrum Design, LLC shall not be deemed in breach of these Terms of Service, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
You agree that Fulcrum Design, LLC may, in its sole discretion, from time to time add to, delete from, or modify these Terms of Service in any reasonable manner by providing notice as permitted above. Continued use of the Service or access of the Mobile Matradee and Queue Mobile Website constitutes your agreement to any such modifications.
Fulcrum Design, LLC may assign its rights or delegate its duties hereunder in its sole discretion, including without limitation in conjunction with a sale of the Mobile Matradee and Queue Mobile assets, acquisition of Mobile Matradee and Queue Mobile, merger, or other corporate reorganization.
Questions or comments please contact us at firstname.lastname@example.org You are solely responsible for periodically reviewing the Terms of Service.