Privacy Policy

Introduction:

  • Terms Service Agreement Definitions Agreement Use of the Mobile Application and the Services Use of SnapMob Transaction Request WARRANTIES AND DISCLAIMERS Arbitration Agreement and Dispute Resolution General Provisions Last Update: August 14, 2018.

  • Terms Service Agreement

    THESE TERMS OF SERVICE AGREEMENT ( AGREEMENT OR TERMS AND CONDITIONS ) IS A LEGAL AGREEMENT BETWEEN YOU ( YOU , USER , REQUESTER OR CUSTOMER ) AND SnapMob, INC. A WASHINGTON CORPORATION ( SnapMob, WE, US, OUR, ETC.), THE OWNER AND OPERATOR OF THE SnapMob MOBILE APPLICATION(S) (THE MOBILE APPLICATION OR APPLICATIONS ) AND THE RELATED WEBSITE, WWW.SnapMob.COM (THE SITE ). THE MOBILE APPLICATIONS AND THE SITE MAY HEREINAFTER BE REFERRED TO COLLECTIVELY AS THE PLATFORM . THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE APPLICATIONS, THE SITE, ALL SERVICES, FEATURES, AND RESOURCES AVAILABLE OR ENABLED VIA THE APPLICATIONS AND THE SITE (COLLECTIVELY, WITH THE MOBILE APPLICATIONS, THE SERVICES ), AND YOUR PURCHASE OF GOODS OR SERVICES OF SnapMob. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT AND THE STRIPE CONNECTED ACCOUNT AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS OR SERVICES FROM SnapMob. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN CUSTOMERS AND SnapMob ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

  • Definitions

    Capitalized terms used herein shall have the respective meaning ascribed to them in the sentence or phrase in which such term is first used in this Agreement. For purposes of this Agreement, the term User , You and Customer shall apply to all individuals accessing the Platform for any reason whatsoever, whereas the term Requester shall solely apply to those Users that request a transaction for photography on the Platform but shall not supersede or replace the terms of this Agreement to the extent that any terms referring to a User conflict with those terms only applicable to a Requester .

  • Agreement

  • 1. Use of Site.

    1. SnapMob may add to, change or remove any part of the Mobile Applications or the Site, including, without limitation, any content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the Content ) therein, at any time without prior notice to you.
    2. Third-Party Payment Servicer. Payment processing services for Users on the Mobile Application are provided by Stripe and are subject to the Stripe Connected Account
    Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement ). By agreeing to these Terms and Conditions or continuing to operate as a User on the Applications, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SnapMob enabling payment processing services through Stripe, you agree to provide SnapMob accurate and complete information about you and your business, and you authorize SnapMob to share it and transaction information related to your use of the payment processing services provided by Stripe.

    2. Use of Mobile Application and Services.

    1. This Section shall apply to the User s utilization of the SnapMob Self Service Mobile Application iOS Application or SnapMob Self Service Android Application. The applicability of the Terms and Conditions stated in this Agreement is contingent on the Users downloading of the Mobile Application or utilization of the Applications, Sites and Services by User and shall apply immediately at time of access. Further, if the User accesses the SnapMob Services on an Android device the Android terms shall apply and if the User accesses the SnapMob Services on an Apple device the iOS terms shall apply. For purposes of this section and to the extent applicable in this Agreement, the iOS Application and Android Application will be referred to collectively as Applications or Mobile Applications .
    2. Incorporation of Related Apple Terms. These Terms and Conditions incorporate and supplement the Apple, Inc. ( Apple ) terms and conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein ( Apple Terms ). In addition, these Terms and Conditions also incorporate and supplement other terms, conditions, and policies of SnapMob posted at http://www.SnapMob.com, including without limitation the disclaimer, the privacy policy, and other policies, the location and terms of which may be changed from time-to-time. Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms and Conditions, these Terms and Conditions will control, solely to the extent such provisions apply to the Mobile Applications.

      • End-User License for Apple Application. Subject to these Terms and Conditions, SnapMob grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Mobile Applications for personal use only on an Apple iPhone, iPad, or iPod Touch ( iOS Device ) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms and Conditions ( Apple User License ). Any use of the iOS Device in any other manner, including, without limitation, resale, transfer, modification or distribution of the iOS Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the iOS Application is prohibited. This Agreement and Apple User License also governs any updates to, or supplements or replacements for, the iOS Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
    3. Incorporation of Related Android Terms. These Terms and Conditions incorporate and supplement the Google, Inc. Android ( Android ) Market Terms of Service (available at http://www.google.com/mobile/adroid/market-tos) and the Google Play Developer Distribution Agreement (available at https://play.google.com/about/developer-distribution-agreement.html#showlanguages), ( Android Terms ). In addition, these Terms and Conditions also incorporate and supplement other terms, conditions, and policies of SnapMob posted at http://www.SnapMob.com, including without limitation the disclaimer, the privacy policy, and other policies, the location and terms of which may be changed from time-to-time. Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms and Conditions, these Terms and Conditions will control, solely to the extent such provisions apply to the Application.

      • End-User License for Android Application. Subject to these Terms and Conditions, SnapMob grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Mobile Applications for personal use only on an Android Device owned or controlled by User as permitted by the Usage Rules contained in the Android Terms and in accordance with these Terms and Conditions ( Android User License ). Any use of the Android Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Android Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Android Application is prohibited. This Agreement and Android User License also governs any updates to, or supplements or replacements for, the Android Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
    4. User Information. Services and features, such as the Mobile Applications may use, maintain, or transmit User s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), GPS location information, and information for and from third-party social-media accounts (collectively User Information ). By acknowledging and agreeing to this Agreement, or by using the Mobile Applications, Site, or other Services, User consents to the transmission of User Information to SnapMob, including its agents and third-party partners, and consents to SnapMob, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Mobile Application functionality and for the purposes disclosed in one or more of the SnapMob policies identified in this Agreement. Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Mobile Applications, including without limitation password-protecting the respective Mobile Applications and employing Apple s or Android s remote-wipe feature. Unless attributable to SnapMob negligence or misconduct, Users are also responsible for all payments and losses resulting from transactions and activities undertaken using the Mobile Applications registered in their names and agree to immediately notify SnapMob of any suspected unauthorized transactions associated with the Services or any other breach of security. SnapMob may use location data from your mobile phone, metadata, and any other information contained in the photos or videos you submit.
    5. Prohibited Uses. Users are prohibited from using the Site, the Mobile Applications, and the related Services in any way that:

      1. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
      2. Is unlawful, fraudulent, or deceptive;
      3. Uses technology or other means to access unauthorized content or non-public spaces;
      4. Uses or launches any automated system or process, including without limitation, bots, spiders, or crawlers, to access unauthorized content or non-public data;
      5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. Attempts to damage, disable, overburden, or impair SnapMob servers or networks;
      7. Attempts to gain unauthorized access to a SnapMob computer network;
      8. Attempts to gain unauthorized access to SnapMob user accounts; 9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
      10. Violates these Terms and Conditions in any manner; 11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively Acceptable Use ).

      SnapMob reserves the right, in its sole discretion, to terminate any user license, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Mobile Applications or other Services that SnapMob reasonably believes is or might be in violation of these Terms and Conditions, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
    6. User-Generated Content. The User may generate content, written or otherwise, while using the Services ( User-Generated Content ). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by SnapMob (for example, in product marketing campaigns). User grants SnapMob and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
    7. Acceptable Use/Content Requirements. Please keep the following in mind when submitting photos and videos through the Application:

      " 1. To submit a photo or video, you must be at least 18 years of age;
      2. You must be the copyright holder or have the permission of the owner to submit the photo or video;
      3. Only upload photos and/or documents that are related to an agreed customer, transaction, etc. at issue;
      4. Do not upload correspondence or time sensitive materials.
      5. Unless advised to do so by the appropriate party in User s discretion, do not upload photographs or documents that User knows to be confidential or private in nature;
      6. Submit photos or videos pertaining to at or as near to the time of capture of such photo or video as possible;
      7. Do not trespass or enter into any location or sale unlawfully without the express permission of the requestor, or with agreement of owners of private property Use of SnapMob Transaction Feature.
  • 3. Personal Privacy

    Users of SnapMob understand that any agreement made between potential customers is individual agreement between the independent vendor (SnapMob User) to other Platform users. SnapMob INC. is not responsible for any sales or transactions that have failed to result in satisfactory transaction on the basis of quality, buyer s remorse, after the transaction .

  • 4. Right to Refuse Individual Users.

    We are not obligated to accept users who violate common user agreement rules.

  • 5. Prices

    Fees and Billing. Upon registration you will be required to provide SnapMob with information regarding your credit card or other payment instrument. You represent and warrant to SnapMob that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SnapMob charges incurred in accordance with these Terms and Conditions. You hereby authorize SnapMob to bill your payment instrument in accordance with these Terms and Conditions until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let SnapMob know within thirty (30) days after the date services are requested. You shall be responsible for all taxes associated with the use of the Application other than U.S. taxes based on SnapMob net income (e.g., sales tax).

  • 6. Cancellation

    Refund Policy. Refunds will be made on a case-by-case basis. Due to the nature of the mobile application users requesting refunds for sales will have .

  • 7. Entry Upon Private Property

    If fulfillment of a transaction/photography session request requires a User to enter upon private property, THE REQUESTER IS SOLELY RESPONSIBLE FOR OBTAINING THE CONSENT AND PERMISSION OF ALL LEGALLY NECESSARY PARTIES (OWNER, TENANT, ETC.) AND PROVIDING CONFIRMATION THEREOF TO THE USER. Requester hereby agrees to indemnify and hold SnapMob and each effected User harmless for any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever we might suffer in connection with entry upon private property at Requester s request in fulfillment of an transaction request. Requester agrees to provide written documentation of ownership or other rights if User or SnapMob so request.

  • 8. No Warranty

    Users agree to use their best efforts to make sure that the information they report to Requesters is accurate and complete. However, neither SnapMob nor any User warrants the accuracy or completeness of the information in the documentation, materials, photos, videos, oral or written statements made in response to the transaction Request. SnapMob does not guarantee or warrant the condition or operation of any of the subject matter being documented.

  • 9. Not Experts

    No Authentication. Each transaction or photo session and the information contained therein is based solely upon the lay observations and opinions of the individual User who accepts and completes an transaction Request. Requestor understands that the Users that perform the Services for you are not experts in any field, and neither possess nor apply any special or specific skill, knowledge, or expertise to their observations and transaction, and further acknowledge that your personal observations and opinions might differ from those contained in your transaction. The photographs contained in your transaction may differ from photographs that would be taken by a professional photographer. As a customer you may ask a User to demonstrate that the subject matter being document is in basic working order if doing so is reasonably practicable for the User. The User may accept or deny such supplementary request in User s sole discretion. The User is not an expert, and will not perform any diagnostic tests. User shall have the discretion to demonstrate only the most basic functions of the subject matter that is being documented. Unless otherwise agreed to in writing as a part of your order and approved by SnapMob, Requester shall not expect a User to demonstrate each function or any specific feature of the subject matter being documented.

  • 10. Scope of Order

    Users are under no obligation to report any facts, observations, information or events that are outside of the express scope of the transaction and which are not included in the services offered by SnapMob as described on this site or otherwise agreed to by SnapMob in writing.

  • 11. No Endorsement or Recommendation

    Nothing contained in an transaction report, or what a User might say in verbally or in writing, constitutes a recommendation that the Requester take a particular course of action and shall not be construed as an endorsement or recommendation by SnapMob or a User of any kind whatsoever.

  • 12 . Third Party Links

    This Site and related Mobile Applications might contain references or links to other websites owned or operated by third parties. These references and links do not constitute endorsements, advice, referrals, or recommendations by SnapMob regarding such third party sites, products, or services. We reserve the right to disable any link to the Platform which has not been authorized by us. SnapMob does not provide any warranty as to the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. You may choose to use or not use them at your sole discretion. You agree that SnapMob is not responsible, and you shall indemnify and hold us harmless from and against any economic claims, actions, damages, losses, liabilities, costs, or expenses, of whatsoever kind or nature, including, without limitation, attorney s fees and costs of defense, arising out of your use of any third party website or purchase or use of any third party product or service.

  • 13. User Name and Password.

    You are solely responsible for your user name and password and maintaining the security thereof, and SnapMob is not responsible for any economic claims, actions, damages, losses, liabilities, costs, or expenses you suffer by reason of unauthorized use of your password by others.

  • 14. Use of Self-Reported Information

    If you choose to enter any self-reported information, personal or otherwise, on the Platform, you thereby authorize us, and our affiliates, service providers, agents, assignees, and other third parties to use that information for lawful purposes as prescribed in our privacy policy, if applicable, and to forward that information to third parties and call centers who may retain and use that information. You also thereby consent and authorize us and any such third party to contact you by telephone, email, text message, mail, or otherwise. If you desire not to be contacted do not enter such information.

  • 15. Proprietary Rights.

    Everything on the Platform, including but not limited to all of its content, data, text, graphics, sounds, videos, and logos is protected by trademark, service mark, copyright, patent, trade secret, or by other law, and is the property of SnapMob or other parties. Nothing herein shall be construed to create rights of any kind in any third parties. You may use the Platform to learn about, evaluate, or purchase SnapMob services or products. You may not use the Platform for any other commercial purpose. You shall not reverse engineer SnapMob Site or the Mobile Applications or any portion thereof, or the programming code connected therewith, or assist others in doing so.

  • 16. Prohibited Use of Site.

    You shall not post or transmit anything on the Platform which violates any applicable law or regulation, or creates any criminal or civil liability of any kind whatsoever including but not limited to any obscene, pornographic, libelous, slanderous, defamatory statements, information, or other illegal materials. You agree to use the Platform only for lawful purposes. We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of any of the SnapMob, its Users or service providers.

  • 17. Monitored Use.

    We reserve the right, but do not have the obligation, to monitor your use of the Platform and to restrict or terminate your use of the Site and the Mobile Applications or modify or remove any information found on the Site and the Mobile Applications for any reason whatsoever in our sole discretion.

  • 18. Feedback

    Grant of License. If you send feedback to us (comments, questions, documents, suggestions, etc.) you thereby grant us the absolute perpetual and non-revocable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us, including but not limited to modifying, publishing, distributing, exploiting and/or using such feedback in the development, manufacturing, and marketing of new products and services. WARRANTIES AND DISCLAIMERS

  • 19. Warranty Disclaimer

    The site and the mobile applications, and everything on it or accessible through it, including other sites accessible through the site and the mobile applications, and the services provided by snapmob, are provided strictly on an as-is and as-available basis. snapmob makes no representations or warranties of any kind whatsoever, express or implied, including, without limitation, of title to goods or property, the information, content, materials, services, or products available on or accessible through the site and related mobile applications, that access to or operation of the site and related mobile applications will be uninterrupted or free or defects or errors, or as to the reliability, accuracy, or currency of any information on the site and the mobile applications or any third party site. To the fullest extent permissible by applicable law, snapmob disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You expressly agree that use of the site and the mobile applications is at your own risk. snapmob is responsible only for what we directly provide to you, and only to the extent provided in these terms and conditions. we are not responsible for and do not make representations or provide warranties of any kind for any goods, services, or anything else provided to you by others that you reach via our website. this provision shall be enforced to the greatest extent allowed by applicable law.

  • 20. Our Maximum Liability

    Exclusion and limitation of liability. the maximum liability in the aggregate of snapmob, its owners, officers, employees, members, stockholders, partners, directors, managers, agents, subcontractors, affiliates, sucessors, assigns, third party content providers, merchants, sponsors, licensors, or the like (hereinafter, the snapmob parties, which shall refer to any one, more, and all of them) to you for any and all claims, actions, damages, losses, liabilities, costs, or expenses, in any way arising out of or in connection with any use of the platform or any services provided by snapmob, including the mobile applications, shall be the amount of the inspection fee paid by you to snapmob or $100, whichever is less. none of the snapmob parties shall be liable under any circumstances to you for direct, indirect, incidental, punitive, exemplary, or consequential damages, including but not limited to lost profits or opportunity costs, loss of use, or loss of business, even if any or all of the snapmob parties were notified of the likelihood or possibility of such damages occurring. these exclusions and limitations shall be enforced to the greatest extent allowed by applicable law. the provisions of this section apply regardless of the form of action, or type of claim, action, damage, loss, liability, cost, or expense, regardless of whether it be an action in tort (including but not limited to negligence), or based on contract, statute, or anything else. the foregoing disclaimer of punitive and exemplary damages, and the limitation on recovery of economic damage or loss, shall not apply to residents of the state of new jersey

  • 21. Indemnification

    Most customer concerns can be resolved quickly and to a customer s satisfaction by writing to our customer service department at info@SnapMob.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the following terms govern dispute resolution between us.

  • 22. Applicability of Arbitration Agreement.

    All claims and disputes in connection with the Agreement or the use of any product or service provided by SnapMob that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and SnapMob, and to any of SnapMob licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns,

    1. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. 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 this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement ( Arbitration Rules ). 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. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
    2. Authority of Arbitrator The arbitrator will decide the rights and liabilities, if any, of you and SnapMob, 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 Arbitration Rules, and the Terms and Conditions. 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 SnapMob.
    3. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO 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 court and are subject to very limited review by a court. In the event any litigation should arise between you and SnapMob in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SnapMob WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    4. Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED 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 Chicago, Illinois.
    5. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address:----NEED ADDRESS----, within 30 days of purchasing. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to the Terms and Conditions, to the extent applicable. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
    6. Severability If any part or parts of this Arbitration Agreement are found 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 Arbitration Agreement shall continue in full force and effect.
    7. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SnapMob.
    8. Modification Notwithstanding any provision in the Agreement to the contrary, we agree that if SnapMob makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the SnapMob. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Chicago, Illinois for such purpose.

  • 23. Choice of Law

    This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to its conflicts of laws rules. To the extent that any dispute is held not to be governed by the arbitration clause herein, exclusive jurisdiction and venue for any and all disputes arising out of or in any way connected to any goods or services you purchase, use of the Platform, or these Terms and Conditions (including the privacy policy), shall be in the state or federal courts located in Chicago, Illinois. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. General Provisions

  • 24. No Third Party Rights.

    You may not assign any rights or obligations under these Terms and Conditions or arising out of your use of the Platform without the prior written consent of SnapMob. Our obligations to you under this Agreement shall be to you and you only, and nothing herein shall be construed to create rights of any kind in any third parties. SnapMob may freely assign or delegate its rights and obligations to any party without notice or consent.

  • 25. Copyright Infringement.

    If you desire to make a claim of copyright infringement, please provide written notification thereof to ---NEED ADDRESS---

  • 26. Privacy Policy

    The use of the Platform is governed by the terms of our privacy policy.

  • 27. Entire Agreement.

    This Agreement is a final expression of the intent of the parties, constitutes the entire agreement and understanding between the parties, and supersedes all prior and contemporaneous oral or written agreements or understandings concerning the settlement described herein. This Agreement may be modified only by a duly executed written instrument signed by the party against whom enforcement of the modification is sought. In the event of a conflict between the SnapMob order form and this Agreement, this Agreement shall prevail.

  • 28. Severability

    In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal, or unenforceable in any respect, such provisions shall be adjusted rather than voided, if possible, in order to achieve the express intent of the parties to this Agreement; and in any event, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

  • 29. Force Majeure

    If we are delayed or prevented from performance of our obligations under this Agreement by any act of God, weather conditions, fire or other casualty, computer or telecommunication problems, laws or regulations, war, or any other circumstance beyond our reasonable control, SnapMob will be excused from performance of those obligations. In such event, our only obligation to you will be to refund the inspection fee in full.

  • 30. Headings and Captions

    The headings and contained in these Terms and Conditions are for convenience only and shall not be considered or referred to in resolving questions of interpretation.

  • 31. Forbearance, Waiver

    Any failure of SnapMob to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by SnapMob shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by SnapMob in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by SnapMob.

  • 32. Notices

    Any notice given by you in connection with this Agreement shall be given in writing and delivered to SnapMob as follows (all methods are required): (a) certified mail, return receipt requested to ----NEED ADDRESS--- and you must retain the return receipt and provide a copy to us; and (b) fax to PHONE NUMBER and you must retain the confirmation report indicating that it was received by SnapMob and provide a copy to us; and (c) e-mails to both: Attorney and info@SnapMob.com. Your notice address shall be any mailing or email address provided by you on the order form you submitted for the inspection

  • 33. Changes to the Site and the Mobile Applications

    We reserve the right to make changes at our discretion and without prior notice to any portion of the Site and the Mobile Applications including but not limited to, the Content, Terms and Conditions and any other policies. Your continued use of the Site or Services, including the Mobile Applications will constitute your acceptance of and agreement to any such changes.