LEGAL

Our Disclaimers and Policies

Privacy Policy

This Privacy Policy ("policy") relates to your use of any Mobilize RRS, LLC ("Mobilize", "us" or "we") mobile application. (the "Application"). By using the Application you agree to this policy.

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.

Type of Information We Collect

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:

  • information about your identity that is provided either during our registration process (e.g. your name, user name, age and/or birthday, zip code, email and password);
  • information related to your usage patterns, preferences and statistics related your use of the Application, including how frequently you use it, what content you access and other usage statistics and information;
  • information about your mobile device through which you use the Application, including type of device, device ID, wireless Application provider, software configuration and global positioning information;
  • if you take a survey or interact with us or participating businesses through our Application in various other ways, we will collect the information contained in such a survey or interaction;
  • [if you participate in any blog or other forum on or through our Application, we will collect and retain any personal information or content that you post; and]
  • aggregated data or anonymized data that does not directly identify you.

Storage Protection of Information

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.

Use and Disclosure of Information

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 any manner to improve the Application;
  • to share information with companies that provide support services to us (e.g. website hosts, software developers) that allow us to provide the Application and that help us market our Application, which companies may use information about you to perform their functions on our behalf;
  • to communicate with you about the Application and offers and advertisements from vendors and suppliers based on your profiles, patterns, habits, preferences and usage statistics;
  • to process and manage your use of the Application;
  • to respond to your inquiries, post your comments or statements on any blog, social media site or other online forum maintained in connection with the Application, or take other actions in response to your inquiries or other Application related activities;
  • to create with participating businesses personalized promotions by combining your personal information with non personal information about you, such as the amounts and types of purchases you make or any benefits you receive through rewards programs offered in connection with the Application, which promotions we may push to Application;
  • to communicate with you about the Application, accounts and program participation, and your requests for information, which may be through notifications pushed to the Application on your mobile device;
  • to communicate with you about our service offerings or for other promotional purposes, including co-branded offers and affiliate and partner offers;
  • if you participate in any blog, social media or other online forum in connection with the Application, we may share any personal information that you post with other forum participants and users of the Application;
  • with respect to the the information you provide or information we collect about you in connection with the Application, we may (a) analyze and share that information either in anonymized format that does not directly identify you or when aggregated with anonymized information from other users of the Applications, (b) use it to develop new products or services or to modify existing products or services, including the Application, and (b) include that information with similar information from other users of the Application and share it with third parties.

We also may use and disclose information (1) upon lawful request, in response to legal process, and when required to comply with laws, (2) to enforce our agreements, corporate policies, and terms of use or (3) to protect the rights, property or safety of our employees, agents, customers, and other third-parties), (4) to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; and/or (5) to investigate and defend us against any third-party claims or allegations, or to protect the security or integrity of our Applications.

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).

Changes; Opting Out

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.

Contacting Us; Complaints

Please direct any questions or concerns regarding this policy or our treatment of personal information by email by writing to info@mobilizerescue.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.

Disclaimers

ALTHOUGH THE PRODUCTS MAY BE USED BY THE INDIVIDUAL TO PROVIDE MEDICAL ATTENTION, (A) THE MOBILIZE RRS, LLC IS NOT A HEALTH CARE PROVIDER AND IS NOT RENDERING MEDICAL ADVICE OR DIAGNOSIS TO ANYONE; AND (B) THE PRODUCTS ARE NOT INTENDED TO REPLACE THE NEED FOR SEEKING MEDICAL ATTENTION FROM A MEDICAL PROFESSIONAL.

Terms of Use

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 support@mobilizerescue.com 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.

Updated August 18, 2016