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PRIVACY POLICY AND TERMS

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, profession or other details to be able to provide our service.

When do we collect information?

We collect information from you when you register on our site, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register in the following ways:

To provide you our services

To improve our website in order to better serve you.

To allow us to better service you in responding to your customer service requests.

How do we protect your information?

We do not use vulnerability scanning and/or scanning to PCI standards.

An external PCI compliant payment gateway handles all CC transactions.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

We do not use cookies for tracking purposes

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links

We do not include or offer third-party products or services on our website.

Google

We have not enabled Google AdSense on our site but we may do so in the future.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via in-site notification

Within 7 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions

To be in accordance with CANSPAM, we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at

and we will promptly remove you from ALL correspondence.

Mobspine end-user license agreement and terms of service

The below end-user license agreement and terms of service (“Agreement”) is a legal agreement between you (either an individual or single entity and sometimes referred to herein as “you”, “your” or “Customer”) and Mobspine (“Mobspine”) for the Mobspine service, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, data, and services (“Software”) that accompany this Agreement or that you have selected for your account with Mobspine (“Account”). By installing, copying or otherwise using the Software, you agree to be bound by the following terms and conditions.

Mobspine reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Software, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Software after any such changes shall constitute your consent to such changes. You can review the most current version of this Agreement at any time at www.mobspine.com/privacy/

Violation of any of the terms below will result in the termination of your Account. You agree to use the Software at your own risk.

License grant

Subject to the terms of this Agreement, Mobspine grants you a nonexclusive, nontransferable license to access and use the Software for your use only, without the right to sublicense such rights, provided you unconditionally agree to access and use the Software solely in accordance with this Agreement. You may copy information or materials generated from your access and use of the Software for your use only. Mobspine reserves all rights not expressly granted to you in this Agreement. The Software is licensed, not sold. You will not allow the Software to become the subject of any charge, lien or encumbrance.

Account terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person. A single login shared by multiple people is strictly prohibited. If you share your login, Mobspine may terminate this Agreement and lock your login. You may create separate logins for as many people as your plan allows. You may not rent, lease, lend or provide commercial hosting services with the Software.

You are responsible for maintaining the security of your Account and password. Mobspine is not liable to you or any third party for any loss or damage from your failure to comply with your security obligation.

You are responsible for all the material you or any individual associated with your Account provides to the Software (“Content”) and all activities that occur under each login associated with your Account.

You shall not use the Software for any illegal or unauthorized purpose.

You may not reverse engineer, decompile, disassemble, translate, or adapt the Software or attempt to do any of the foregoing, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and provided that prior to undertaking such measures, you shall afford Mobspine the opportunity, in return for reasonable compensation, to provide an interface in order to create compatibility with such other software or systems.

Payment, refunds, upgrading and downgrading terms

You agree to maintain with Mobspine at all times during the term of this Agreement valid credit card information for paying all amounts due under your Account.

The license fee for the Software is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of Software use, upgrade/downgrade refunds, or refunds for months unused with an open Account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

For any upgrade or downgrade in plan level, you agree that Mobspine may automatically charge your credit card the new rate on your next billing cycle.

Downgrading your Software license may cause the loss of Content, features, or capacity of your Account. Mobspine is not responsible for any associated losses.

Cancellation and termination

You are solely responsible for properly canceling your subscription. You can cancel your subscription at any time from within the Mobspine by simply shutting down your account. Your cancellation will take effect immediately and you will not be charged again.

After cancellation, your data may be retained on the Mobspine servers so that it will be available if you should decide to re-subscribe at a later date. Mobspine currently retains your data indefinitely, however our data retention policy is subject to change in the future with or without notice.

Modifications to the software and prices

Mobspine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. If Customer requests specific modifications, Mobspine may charge additional fees. All customer requested modifications, regardless of fees paid, are the sole property of Mobspine.

Prices, including but not limited to monthly subscription plan fees to the Software, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobspine site www.mobspine.com or the Software itself.

Mobspine shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any part or all of the Software.

Copyright and content ownership

Mobspine claims no intellectual property rights over your Content. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

Mobspine does not pre-screen Content, but Mobspine and its designated moderators have the right (but not the obligation) in their sole discretion to refuse to display to other users of the Software or remove any Content.

General conditions

Your use of the Software is at your sole risk. The Software is provided on an “as is” and “as available” basis and without warranty of any kind, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Mobspine does not warrant that the Software will be free of defects, will operate uninterrupted, secure or error free or will satisfy you operational requirements.

Without limiting the foregoing, you agree that the aggregate liability of Mobspine for damages from any cause of acting whatsoever, regardless of the form of action, shall not exceed the subscription fees paid by you to Mobspine over the past month. In no event shall Mobspine be liable for lost profits or direct indirect, incidental, consequential, special, exemplary or punitive damages of any nature whatsoever including damages for loss of profits, goodwill, use, data or other intangible losses (even if Mobspine has been advised of the possibility of such damages), resulting from:

(I) The use or the inability to use the software;

(II) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the Software;

(III) Unauthorized access to or alteration of your transmission or data;

(IV) Statements or conduct of any third party using the software;

(V) Any other matter relating to the software.

Technical support is only provided to paying Account holders.

You shall not modify, adapt or “hack” the Software or modify another website so as to falsely imply that it is associated with the Software, Mobspine, or any other Mobspine service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software, use of the Software, or access to the Software without the express written permission by Mobspine.

We may, but have no obligation to, remove Content and terminate Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of this Agreement.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobspine customer, employee, member, or officer or any other user of the Software will result in immediate Account termination.

You understand that the technical processing and transmission of the Software, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You shall not transmit any worms or viruses or any code of a destructive nature.

You agree that Mobspine and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Mobspine may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

The failure of Mobspine to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Mobspine and govern your use of the Software, superseding any prior agreements between you and Mobspine (including, but not limited to, any prior versions of this Agreement).

This Agreement or any interest hereunder shall not be assigned or transferred by you without the prior written consent of Mobspine and subject to such reasonable terms and conditions that Mobspine may impose.

This Agreement (including any addendum or amendment to this Agreement which is included with the Software) constitutes the entire agreement and understanding between you and Mobspine with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. This Agreement may only be amended by a writing signed by both parties and shall inure to the benefit of and be binding upon each party’s successors and permitted assigns. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Contacting Us

If there are any questions regarding this privacy policy and terms, you may contact us.