Terms of Service

Last Modified: May 25, 2018

ADMOBILIZE LLC ("ADMOBILIZE", "WE" OR "US")

TERMS OF SERVICE

THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ADMOBILIZE LLC. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.ADMOBILIZE.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.ADMOBILIZE.COM BY ADMOBILIZE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES") AND ANY SOFTWARE THAT ADMOBILIZE PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A "MOBILE APPLICATION") OR AN API, ENABLING YOU TO OBTAIN CERTAIN FUNCTIONALITY THROUGH YOUR DEVICE. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes.

ADMOBILIZE may make changes to the content and Services offered on the Site at any time. ADMOBILIZE can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by emailing notice of any such modifications to registered users of the Site who have provided a working e-mail address. By using this Site after ADMOBILIZE has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to ADMOBILIZE or the Site.

ADMOBILIZE provides content through the Site and through the Services that is copyrighted and/or trademarked work of ADMOBILIZE or ADMOBILIZE’s third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, ADMOBILIZE hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your individual use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Mobile Applications.

ADMOBILIZE makes available Mobile Applications to access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. ADMOBILIZE does not warrant that the Mobile Application will be compatible with your mobile device. ADMOBILIZE hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your individual use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that ADMOBILIZE may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and ADMOBILIZE and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that ADMOBILIZE provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

The following additional terms and conditions apply with respect to any Mobile Application that ADMOBILIZE provides to you designed for use on an Android-powered mobile device (an "Android App"):

Geo-Location Terms.

The Services, the Mobile Application, and the API may include and make use of certain functionality and services provided by third-parties that allow ADMOBILIZE to include maps, geocoding, places and other Content from Google, Inc. ("Google") as part of the Services (the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

The information we collect under GDPR compliance

We may collect information about you directly from you, as well as automatically through your use of our Site or Services. We also may collect information about you as an individual through our customers’ use of the AdBeacon technology. Information We Collect Directly From You. Certain areas and features of our Site and Services require registration. To register you must provide your First name, Last name, email address and password. Information We Collect Automatically. As a visitor to admobilize.com or as a customer using AdRemote or AdDashboard. We may automatically collect the following information about your use of our Site via Google Analytics including the length of time you visit our Site and your movement through our Site. We also may collect the following information about your use of AdRemote: mobile device ID; location and language information; device name and model; operating system type, name, and version; your activities within AdRemote; and the length of time that you are logged into AdRemote. Unlike information we receive through a customer’s use of AdBeacon technology, we may combine this information above with other information that we have collected about you, including, where applicable, your user name, customer/employer name, your full name and password.

Disclosure of your information under GDPR compliance

AdMobilize, LLC may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

We may share your information with third parties with whom you choose to and authorize us to us share such information with.

We may reveal your personal information, which may include your full name and contact address to our preapproved service providers that carry-out certain services on our behalf.

We may also share your private information with appropriate legal authorities/government officials in reply to a subpoena, similar investigative demand, or a court order, if compelled to do so under the GDPR compliance

Barring these, we will under no circumstances knowingly sell, exchange or otherwise give your personal information to third parties.

Password Restricted Areas of this Site.

If you desire to register for an account with ADMOBILIZE, you must submit the following information through the account registration page on the Site: First name, Last name, email, company name. Once you have submitted your account registration information, ADMOBILIZE administrator shall have the right to approve or reject the requested registration, in ADMOBILIZE administrator’s sole discretion. If your account is approved by ADMOBILIZE administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password for the first time you log into your account on the Site to complete the account registration process.

You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify ADMOBILIZE if your password on this Site is lost, stolen, if you are aware of any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting ADMOBILIZE using the contact information at the end of these Terms requesting that we make the change.

If you register for a "beta account" or other pre-release version of the Site and/or the Services and Materials on the Site ("Beta Release"), you acknowledge and agree that the Beta Release may contain, in ADMOBILIZE’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site. You acknowledge and agree that any "beta account" will automatically convert to a commercial release version account upon the launch date of the Site and its Services to the public ("Public Launch Date"). If you do not desire to continue using the Site or its Services after the Public Launch Date, you may contact ADMOBILIZE to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in ADMOBILIZE’s Privacy Policy. While ADMOBILIZE generally intends to distribute commercial release versions of the Site and the Services and Materials on the Site, ADMOBILIZE reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by ADMOBILIZE to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. ADMOBILIZE LLC SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

Hardware or Equipment. 

All purchases or leases of any hardware or equipment ("Equipment") from ADMOBILIZE are subject to the Equipment Agreement ("Equipment Agreement") entered into by and between you and AdMobilize.

Subscriptions to Services.

If applicable, you agree to pay all fees or charges to your account based on the fees, charges, and billing terms described in your Equipment Agreement. If you do not pay on time or if ADMOBILIZE cannot charge your credit card, PayPal or other payment method for any reason, ADMOBILIZE reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms in addition to any and all remedies AdMobilize may have under the Equipment Agreement. You are expressly agreeing that ADMOBILIZE is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your subscription order, and thereafter at regular intervals for the remainder of the subscription term and any renewal terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that ADMOBILIZE may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from ADMOBILIZE. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with ADMOBILIZE. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy.

AdMobilize, LLC www.AdMobilize.com is committed to maintaining user privacy on our website. AdMobilize, LLC respects the privacy of all its website users. We take seriously the protection of your privacy and confidentiality.

Our Terms of Use comply with the US, & English law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR). The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data.

Please review the ADMOBILIZE Privacy Policy (the "Privacy Policy") which explains how we collect, use and disclose information that pertains to your privacy. When you access or use the AdMobilize, LLC website or products, you signify your agreement to AdMobilize, LLC Privacy Policy.

The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).

Indemnification

You agree to indemnify and hold ADMOBILIZE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ADMOBILIZE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights.

ADMOBILIZE is a trademark of AdMobilize, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ADMOBILIZE, Copyright © 2015 AdMobilize, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

The Mobile Application software that is provided to you through the Site and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Intellectual Property Infringement.

ADMOBILIZE respects the intellectual property rights of others, and we ask you to do the same. ADMOBILIZE may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ADMOBILIZE’s designated agent the following information:

ADMOBILIZE’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

AdMobilize Compliance Department
1680 Michigan Ave #918
Miami Beach, FL 33139
Toll Free: (888) 628-7494
compliance@admobilize.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to ADMOBILIZE’s designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ADMOBILIZE may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

ADMOBILIZE reserves the right, in its sole discretion, to terminate the account or access of any user of our SITE and/or Services who is the subject of repeated DMCA or other infringement notifications.

Disclaimer of Warranties.

Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by ADMOBILIZE, and they may include inaccuracies or typographical or other errors. ADMOBILIZE does not warrant the accuracy of timeliness of the Materials contained on this Site. ADMOBILIZE has no liability for any errors or omissions in the Materials, whether provided by ADMOBILIZE, our licensors or suppliers or other users.

ADMOBILIZE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADMOBILIZE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

ADMOBILIZE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL ADMOBILIZE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ADMOBILIZE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

IF YOU HAVE PURCHASED A SUBSCRIPTION TO SERVICES, NEITHER ADMOBILIZE NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN AN AMOUNT EQUAL TO THE AMOUNTS PAID BY YOU TO ADMOBILIZE UNDER THESE TERMS DURING THE PERIOD OF SIX (6) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

Local Laws; Export Control.

ADMOBILIZE controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site or the Services outside the United States of America, you are responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to ADMOBILIZE, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ADMOBILIZE is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ADMOBILIZE is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General.

ADMOBILIZE prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ADMOBILIZE, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Miami – Dade County in the State of Florida. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ADMOBILIZE’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ADMOBILIZE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ADMOBILIZE about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by ADMOBILIZE LLC. If you have a question or complaint regarding the Site or Service, please contact Customer Service at support@admobilize.com. You may also contact us by writing ADMOBILIZE LLC, 1680 Michigan Avenue, Suite 900, Miami Beach, Florida 33139. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

International users conducts

The Service is controlled, operated and administered by AdMobilize, LLC and AdMobilize.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws and EU GDPR Compliance.

You agree that you will not use the AdMobilize, LLC and AdMobilize.com content accessed through AdMobilize.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Contact Us.

If you have any questions about these Terms or otherwise need to contact ADMOBILIZE for any reason, you can reach us at

sales@admobilize.com
1680 Michigan Ave #918
Miami Beach, FL 33139
Toll Free: (888) 628-7494

Our business’s name is:

AdMobilize, LLC