Acceptance of the Terms of Use:
The following terms of use (the "Terms") govern your use of MobileMax, inc.’s ("Mobile Max") website at the address gvdialer.com (the "Site") and your use of any of Mobile Max's products provided to you through this Site (the "Products"). BY ENTERING THIS SITE, DOWNLOADING ANY INFORMATION FROM IT OR USING THE PRODUCTS OR ANY SERVICES PROVIDED, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY THEM, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Site access may not be available at all times or in all areas. Mobile Max may permit you to enter this Site and/or deny entry to you, at any time and upon its sole discretion. Mobile Max reserves the right to modify or discontinue, temporarily or permanently, this Site (or any part thereof) without notice, at any time. You agree that Mobile Max shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the services or Information (including product descriptions, contact information, links, other specialized content, documentation, data, and related graphics and other features) offered herein (collectively, the “Information”). The Terms may be revised and updated from time to time without notice to you. You can review the most current version of the Terms at any time at: gvdialer.com. All new features made available through this Site that were not made available as of the "Last Revised" date above, shall automatically become subject to these Terms. Your continued use of this Site after ANY such changes will indicate your acceptance of such changes.
Use of Site:
Mobile Max provides users of this Site with access to certain content concerning Mobile Max, its products, services and Information as a complimentary service for informational purposes only.
Mobile Max authorizes you (i) to view and download single copies of the Information at this Site solely for your personal, non-commercial use; and (ii) to link to this Site (sites containing links to this Site shall be referred to as "Linking Site"); all subject to these Terms provided that you must retain all copyright and other proprietary notices contained in the original Information on any such copies.
You hereby acknowledge and agree that nothing on this Site shall be construed as conferring any express or implied rights to you except as expressly provided herein. Mobile Max may grant other rights to you in a separate written agreement or as incorporated elsewhere in the Information.
Your Account
Mobile Max may request that you open an account in order to obtain certain services from the Site or in order to purchase certain products (an "Account"). You must provide accurate and complete information for creating an account, including an accurate e-mail address for receiving notices from Mobile Max. You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your password or Account. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Mobile Max. You must notify Mobile Max immediately of any unauthorized use of your password or Account or any other breach of security. Mobile Max cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these terms or from any unauthorized use of your password or Account or any other breach of security. You may be liable for the losses of Mobile Max or others due to such use.
Use Restrictions:
You may not (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Information at this Site in any way or publicly display, perform, or distribute them; (ii) make any use of the Information on any other website or networked computer environment for any purpose, or replicate or copy Mobile Max Information or Site through Linking Site without Mobile Max’s prior written consent; (iii) create a browser or border environment around Mobile Max Information (no frames or inline linking); (iv) interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, or include such unlawful, hateful, obscene, indecent, or otherwise illegal in the content submit by you; (vi) impersonate any person or entity, including, but not limited to, any Mobile Max agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse your Linking Site, product or any statement you make, or present false information about Mobile Max products or services via your Linking Site; (vii) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (ix) sell, license, or exploit for any commercial purposes any use of or access to the Information or this Site; (x) frame or mirror any part of this Site without Mobile Max's prior express written authorization; or (xi) create a database by systematically downloading and storing all or any of the Information from this Site.
Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.
Privacy Policy:
Mobile Max respects your privacy and is committed to protect the personal information that you share with it. Mobile Max believes you have a right to know its practices regarding the information Mobile Max may collect when you visit the Site. Mobile Max policy and practices and the type of information collected, are described in the Privacy Policy at gvdialer.com.
Payment
Mobile Max accepts payment through the PayPal and Google checkout payment method, which enables you to send payments securely online using a credit card or bank account. Please see the PayPal website (www.paypal.com) for more information. Please note that you shall be subject to the applicable PayPal Terms of Use. See http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside. Mobile Max is not affiliated with PayPal, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Use of PayPal's service is on your sole discretion and sole liability.
Links to Third Party Sites:
Certain links provided herein permit you to leave this Site and enter non- Mobile Max World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Mobile Max and Mobile Max is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Mobile Max reserves the right to terminate any link at any time. You further acknowledge and agree that Mobile Max shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
Intellectual Property Rights:
The Products and the content on the Site, including the Information, are owned by or licensed to Mobile Max, whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Mobile Max trademark, service mark or logo used or displayed on this Site without the prior express written permission of Mobile Max.
Mobile Max's technology, services, Information and products may be protected by one or more United States, Israeli and/or other international patents or patents pending.
DISCLAIMER AND WARRANTIES:
THE INFORMATION AND ANY OTHER CONTENT AT THIS SITE INCLUDING THE PRODUCTS ARE PROVIDED "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE.
The Information and any other material provided through this Site may be inaccurate, incomplete or out of date. Mobile Max makes no commitment to correct or update the Information or any other material provided through this Site. Mobile Max does not warrant that its Site will be uninterrupted or error-free.
Mobile Max makes no representation, express or implied, that the Products will be compatible or work with any other third party accessories, services, products or equipment or that such use will be legal or not infringe third party rights. Any use of the Products, the Information or any other content at this Site is at your sole discretion and upon your sole liability.
The Products provided under this Site may cease to function at any time, including due to changes made by third parties to applicable equipment, products or services which the Products may be of use for or together with. Mobile Max makes no guarantees that the Products will continue to work and cannot offer refunds if the Products cease to function or cease to fit a particular need or use.
Without derogating from the foregoing, the Products, Information and material presented on this Site may contain technical inaccuracies, typographical errors or other mistakes. Mobile Max may make corrections or other changes to these Information and information at any time.
Limitation of Liability:
THE USE OF THIS SITE, THE INFORMATION AND/OR ANY OF THE PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT SHALL MOBILE MAX, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE, USE OF THE PRODUCTS WHETHER ALONE OR TOGETHER WITH OTHER PRODUCTS, SERVICES OR EQUIPMENT OR ARISING OUT OF THE USE, INABILITY TO USE, OR USE OF ANY WEB SITES LINKED TO THIS SITE, OR THE INFORMATION OR MATERIAL CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF WHETHER MOBILE MAX OR AN AUTHORIZED MOBILE MAX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE PRODUCTS, INFORMATION OR MATERIAL FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, INCLUDING RECEIPT OF ANY THIRD PARTY LICENSES OR PERMITS, YOU ASSUME ALL COSTS THEREOF, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS, IF ANY. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST MOBILE MAX.
Representations and Warranties; Indemnity:
You hereby represent and warrant that (i) you have all right, power and authority to enter into these Terms and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (iii) you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of this Site, the Products and any services provided hereunder, including relevant third party agreements which may become applicable at any time or required to be received for the use of the Products.
You agree to defend, indemnify, and hold harmless Mobile Max and its directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with this Site or services; (b) any violation of these Terms; or (c) any allegation that anything you transmit through or in connection with this Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
General:
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenient and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Mobile Max's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Mobile Max relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Mobile Max. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For information or questions contact: Support@gvdialer.com.
Last Revised: April 06th 2009