Mobilize may amend this policy (i.e. change, delete or add new provisions) at any time, which amendments will become effective immediately when posted. You must review this policy before you use the Application because by using the Application after we make any amendments to this policy, you agree to the policy, as amended. This Agreement governs any new features to the Application that allow use to collect or you to share additional information, unless a separate agreement accompanies the upgrade or update.
Your privacy is very important to us and we have developed this policy in order for you to understand how we collect, use, communicate and disclose information.
We will collect personal information by lawful means and in accordance with this policy. We collect the following information from or about you in connection with the Application, all of which we own to the maximum extent allowed by law:
All information gathered on our site is stored within a database operated by us with servers located solely in the United States of America.
We take reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information. Despite our reasonable efforts to safeguard your personal information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
We process personal information only for the purposes for which it was collected and in accordance with this policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Applications or as otherwise permitted under this policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on you to update or correct your personal information whenever necessary.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying us of any unauthorized use of your account, or breach of your account information or password. We are not liable for any loss that you may incur because of someone else using your username or password, either with or without your knowledge. You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorneys’ fees for your failure to notify us promptly of unauthorized use of your account or breach of your account information or password.
Except as provided in this policy or as permitted by law, we will not use or share your personally identifiable information without your permission.
We may use and/or share your information and information we collect in connection with your use of the Applications as follows:
In connection with any sale of the assets or equity, a financing or change-of-control of Mobilize or its affiliates we may disclose, share and/or transfer personal information and data we have collected with third-parties involved in such transactions (e.g. if we sell the Application to a third-party buyer, we will share and transfer information about you and other users with and to that buyer).
You can update or change your personal information by logging into your account and request a change in how we communicate with you in connection with the Applications. To opt-out of receiving promotional communications from us, you much follow the opt-out instructions in messages (e.g. email, messages forced to the Repunch mobile app, etc.) we send you. If you opt out of receiving promotional communications from us, we may still send you non-promotional communications (e.g. email, messages forced to the Repunch app, etc.) about your accounts or our ongoing business relations.
Please direct any questions or concerns regarding this policy or our treatment of personal information by email by writing to email@example.com or by writing to us at 1175 Pittsford-Victor Rd Suite 140 Pittsford, NY 14534. When we receive formal written complaints at this address, our policy is to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between you and us.
Updated August 18, 2016
1. APPROVAL. These Terms and Conditions (“Conditions”) govern any sale of Mobilize Rescue Systems Product (“Products”) and represent the entire agreement between Mobilize RRS, LLC (“Seller”) and the buyer of the
Products (“Buyer”). These Conditions will govern and no other terms, conditions or additions, including any contained in Buyer’s purchase order (if any), will be applicable to the sale of Products and these Conditions supersede any and all prior agreements and any terms contained in Buyer’s purchase order. Buyer’s accepts these Conditions, that constitute the entire contract between the parties with respect to the Products subject to, as to the identity and address of the Buyer and the quantity and price of Products only, the Buyer’s purchase order.
2. PRICES. Prices will be adjusted to Seller’s prices and other charges in effect at time of the Buyer issues Seller a purchase order and prices are subject to change without prior notice. If transportation charges from point of origin of the shipment to a designated point are included in the prices, any changes in such transportation charges will be the responsibility of Buyer. Except as otherwise stated, Seller will not be responsible for extra charges due to handling, storage, delays or any other transportation service.
3. CREDIT AND TERMS. All amounts for Products will be due and payable within thirty (30) days from the date of the Seller’s invoice. Should the financial condition of Buyer at any time become unsatisfactory to Seller, Seller reserves the right to require payment in advance of any shipment of Products, or satisfactory security. If Buyer fails to make payment in accordance with these Conditions, or fails to comply with any provision hereof, Seller may at its option (and in addition to other remedies), cancel any unshipped portion of an order and Buyer will remain liable for all unpaid amounts, and for all damages suffered by Seller resulting from Buyer’s failure to fulfill its obligation under these Conditions, plus all other expenses and obligations incurred by Seller. If Buyer fails to make timely payment, Buyer agrees to pay all collection costs and expenses which Seller may incur in collecting or attempting to collect amounts payable under these Conditions, including reasonable attorneys’ fees and interest at the lesser of twelve per cent per annum or the maximum rate allowed by law, from the due date of the unpaid balance.
4. TITLE AND SHIPMENT. Title to Products and risk of loss will pass to Buyer at Seller’s facility in Pittsford, New York, upon either delivery to the common carrier or upon Seller making the Products available to Buyer, regardless of whether such Products remain in storage on Seller’s property. If a specific delivery carrier is required by Buyer, Buyer must so state in writing on the purchase order, otherwise delivery will be at the discretion of Seller. Seller reserves the right to designate originating and intermediate carriers. All shipping charges will be paid or reimbursed, as applicable, by Buyer, and are not subject to any discount.
5. SPECIFICATIONS AND MANUFACTURING VARIATIONS. Unless specified in writing and made a part of these Conditions, all Products will be furnished subject to Seller’s standard practices, tolerance and variations, and such specification as may be made a part of Seller’s Product description. Seller reserves the privilege of shipping nominal overages and underages in accordance with Seller’s standard practices as may be applicable.
6. LIMITED WARRANTY. Seller warrants only that the Product (excluding any third party contents of the Product that come with whatever warranties provided by the third-party manufacturer of such contents) will be free from defects in workmanship and materials for one (1) year from the date of shipment (the “Limited Warranty”).
ALTHOUGH THE PRODUCTS MAYBE USED BY THE BUYER TO PROVIDE MEDICAL ATTENTION, (A) THE SELLER IS NOT A HEALTH CARE PROVIDER AND IS NOT RENDERING MEDICAL ADVICE OR DIAGNOSIS TO ANYONE; AND (B) THE PRODUCTS ARE NOT ARE NOT INTENDED TO REPLACE THE NEED FOR SEEKING MEDICAL ATTENTION FROM A MEDICAL PROFESSIONAL. BUYER AND USERS OF THE PRODUCT USE THE PRODUCTS AT THEIR OWN RISK. BECAUSE THE PRODUCT IS COMPOSED OF THIRDPARTY PRODUCTS BUNDLED BY SELLER, WITH THE EXCEPT FOR THE LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE LIMITED WARRANTY WILL NOT APPLY TO ANY DAMAGE CAUSED BY NORMAL WEAR AND TEAR, ALTERATION, MISUSE, NEGLECT, ACCIDENT, EXPOSURE TO TEMPERATURES OUTSIDE THE RANGE OF 56-86 FAHRENHEIT, SERVICE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE OR ACT OF GOD”
7. SHORTAGES; DAMAGED PRODUCTS. Buyer will provide Seller with written notice of transportation-related claims within thirty-six (36) hours from the time of discovery of any obvious damage to the Products or shortage in the amount shipped. Failure to give written notice within the aforesaid periods will release Seller from any liability thereof. Seller will have a reasonable opportunity to investigate the alleged defective Products. No claims will be allowed until approved by Seller’s inspection department. Buyer will (x) inspect the Products for transportation-related damage or shortage immediately upon delivery; (y) describe any such damage or shortage on the bill of lading; and (z) immediately report the damage or shortage to Seller and carrier’s local representative (if any). Buyer may not reject or revoke the acceptance of Products or fail to make payment for Products without filing a claim with proof of damage or shortage. The claim must include photographs and a copy of the original bill of lading signed by Buyer noting in detail the claimed damage or shortage. Buyer’s remedies for transportation-related damages will be limited to those provided by the carrier.
8. WARRANTY CLAIMS. In the event of a breach of the Limited Warranty, the Buyer must contact the Seller by email at firstname.lastname@example.org or by phone at (585) 635- 7260 and arrange for Seller to inspect, service or take delivery of the Product. If the Seller determines that any Product does in fact violate the Limited Warranty if will use commercially reasonable efforts to repair or, if not possible replace the defective Product. The Seller will be responsible for all reasonable out-of-pocket shipping costs to return any Product deemed to violate the Limited Warranty to the Seller if the Product is being sent from the original delivery location. Buyer will bear all out-of-pocket shipping costs to return any Product from a location other than the one to which the Product was delivered.