Terms and Conditions

These Terms of Use were last updated: June 2013

Mobile Accord, Inc. (“MAI”), 2150 W. 29th Avenue, 2nd FLR, Denver, CO 80211 USA..  These Terms of Service (“Terms”) govern your access to and use of the MobileAccord.com site (“Site”) and services (“Services”).  MAI owns and operates a diverse range of Services, so sometimes additional terms may apply.  Additional terms will be available with the relevant registrations or Services, and those additional terms become part of your agreement with us if you use those Services.  If these Terms of Use are inconsistent with the relevant Service terms, those Service terms will control.  You can find information specific to mGive.com and GeoPoll.com by visting those websites.

By using our services or accessing our websites, you are agreeing to these terms so please read them carefully. 

We offer a diverse range of Services, so sometimes additional terms may apply.  Additional terms will be available with the relevant registrations or Services, and those additional terms become part of your agreement with us if you use those Services.  If these Terms of Use are inconsistent with the relevant Service terms, those Service terms will control. 

Privacy
Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.

Using MAI Services
You must follow any policies made available to you within the Services.  You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof.  All products, Services, information, data, images, graphics, information and other components of the Site (“MAI Content”) are copyrighted and owned by MAI unless otherwise disclosed.  Do not misuse the Site or Services.  Any unauthorized use of the MAI Content may violate intellectual property rights of MAI or a third party.  MAI Content may not be copied, distributed, disclosed, posted, copied or transmitted in any way unless approved by MAI or otherwise provided for in additional terms applicable to a specific Service.  The MAI Content, Site and Services are provided for lawful purposes only.

Your MAI Accounts
You may need an account in order to use our Services. Additional terms apply to your account.   If you learn of any unauthorized use of your password or account please contact us immediately at Support@mobileaccord.com.

Intellectual Property Rights
Mobile Accord, mGive and GeoPoll are trademarks of MAI.  Using the Services does not give you any ownership of any intellectual property rights in the Services or the content you access.  Except as expressly provided herein, or in any additional terms related to a specific Service, MAI dos not grant any express or implied right to you or any other user of the Site or Services.  MAI reserves all rights in the Site and the Services that are not expressly granted.  You acknowledge and agree that MAI Content made available to You through the Site or Services may be subject to the intellectual property rights of third parties.
MAI respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Disclaimers
YOUR ACCESS TO AND USE OF THE SITE AND SERVICES OR ANY MAI CONTENT IS AT YOUR OWN RISK.  YOU UNDERSTAND AND AGREE THAT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  YOU USE THE SITE AND SERVICES SOLELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS.  MAI AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED THROUGH API, SMS, INTERNET OR ANY OTHER COMMUNICATION TECHNOLOGY, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE UPON SUCH INFORMATION. 
MAI MAKES NO WARRANTIES AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (1) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY OF THE SERVICES, SITE OR MAI CONTENT; (2) ANY HARM TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE, ETC., OR OTHER HARM THAT RESULT FROM YOUR ACCESS TO OR USE OF THE SERVICES, SITE OR MAI CONTENT; AND (3) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT MESSAGES OR OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAI AND ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FOR THE SERVICES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MAI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

Terminating Services and Accounts
These Terms become effective upon your use of the Site or Services and continue until terminated either by you or MAI.  Unless otherwise provided in additional terms agreed upon by you for a specific Service, you can stop using our Services at any time. MAI may also stop providing Services to you, or add or create new limits to our Services at any time.

Third Party Sites
The Site or Services may contain links to third party websites or resources.  You acknowledge and agree that MAI and its affiliates are not responsible or liable for: (1) the availability or accuracy of such websites or resources; (2) the content, products, or services available from such websites or resources.  Links to such websites do not indicate any endorsement of such services, products or content.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Submissions
MAI may allow you to remark or comment on some pages of the Site.  Your posing gives MAI the right or license to adopt, publish, reproduce, disseminate, retransmit, copy, display or otherwise use any ideas, suggestions, information, know-how content or materials posted or received through the Site.

Jurisdiction
By using the Site and Service, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MAI.

Miscellaneous
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between MAI and you. They do not create any third party beneficiary rights.  If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have in the future.  If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Colorado U.S.A. will apply to any disputes arising out of or relating to these terms or the Services without regard to or application of its conflict of laws rules or your state or country of residence. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Denver County, Colorado, USA, and you and MAI consent to personal jurisdiction in those courts and waive any objection as to inconvenient forum.
To contact us or give some feedback on these Terms, please email us at Legal@MobileAccord.com.