Privacy-Terms and Conditions

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Remoba Terms and Conditions

When you register for a Remoba service, you will be prompted to accept these Terms and Conditions. We present them here for your convenience.

REMOBA MOBILE CONNECTIVITY AGREEMENT

1. ACKNOWLEDGEMENT AND ACCEPTANCE. Welcome to the Remoba Mobile Connectivity Site, the online site owned and operated by Remoba, Inc. ("Remoba"), providing access to and use of Remoba's mobile connectivity platform software and services (collectively, the "Service") for the synchronization, upload, storage and updating of your personal and professional address book and calendar information (collectively, the "Service"). The Service is provided by Remoba to you (individually or the entity on whose behalf you are intending to use the Service, each being referred to herein as "You") subject to the terms and conditions set forth below.

BY CLICKING ON THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF YOU ARE INTENDING TO USE THE SERVICE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT SUCH ENTITY HAS READ AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS HEREOF. IF YOU DO NOT AGREE TO BE BOUND BY, OR LACK AUTHORITY TO BIND SUCH ENTITY TO, THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "I DISAGREE" BUTTON.

2. DESCRIPTION OF SERVICE. The Remoba Service includes a proprietary combination of synchronization software (the "Software") and access to the Remoba servers and software contained thereon through the Remoba web site ("Web Site") for the upload, storage and updating of your personal and professional address book and calendar information (such information "Your Information"). The features of the Service include, but are not limited to, the following: - Download and use of the Software; - Upload and ongoing storage of Your Information; - Access to Your Information through a Web interface; You must provide and pay for Your own telephone service and Internet service, including any toll or long distance charges that may be incurred, for access to and use of the Service.

3. REGISTRATION DATA AND PRIVACY In consideration for access and use of the Service, You agree to (i) provide certain current, complete, and accurate information about You through the Service's registration process and (ii) maintain and update this information as required to keep it current, complete and accurate. Your privacy is very important to Remoba. As part of the Service registration process You should read and be familiar with the principles in Remoba's Privacy Policy.

4. PERSONAL ACCOUNT AND SECURITY To access and use the Service, You must create a unique personal PIN and account number ("PIN" and "Account Number") via the Service's signup procedure. You are exclusively responsible for all activities that occur under Your Account Number, whether or not it occurs with Your knowledge. You are also exclusively responsible for maintaining the confidentiality of Your PIN and Account Number, and are exclusively responsible for any failure to do so, and any results thereof. In this regard, You agree to immediately notify Remoba by e-mail at support@Remoba.com of any suspected or actual unauthorized access to or use of Your account or any other breach of security known to You. You may change Your PIN or Account Number at any time by following the instructions on the Remoba Web Site.

5. AGE. You must be at least 13 years old to access and use the Service. If You are between the ages of 13 and 18 years old and wish to subscribe, You must (i) read the terms and conditions of this Agreement together with Your parent(s) or legal guardian and (ii) obtain his/her/their consent to subscribe to the Service. It is the parent's(s') or guardian's responsibility to monitor a minor's access and use of the Service.

6. DEFINITIONS. Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings assigned to such terms below.

7. GRANT OF RIGHTS. (a) Web Site Access and Use. Subject to the terms and conditions of this Agreement, You may access and use the Service only as hosted on https://remo.xpherix.com and https://remo.remoba.com and solely to upload, store and edit your Information. The foregoing rights are non-exclusive, nontransferable and nonassignable. (b) Software. Subject to the terms and conditions of this Agreement, Remoba hereby grants You a personal, non-exclusive, non-sublicensable, non-transferable, royalty free right and license under the Remoba IP in and to such Software to (i) install one copy of the Software onto your computer and (ii) use (i.e. load, display and perform) the Software solely in connection with your use of a Remoba Service provided to You by your wireless carrier as part of the Remoba Service. Your use of such Software shall be subject to the terms and conditions governing such Software as provided herein.

8. RESTRICTIONS. Notwithstanding the rights granted to You pursuant to Section 7 above, You agree, and You shall ensure that You will not do any of the following in connection with use of or access to the Service, or any part thereof: (a) violate any law, statute, ordinance or regulation, or make available or provide any content or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (b) violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party; (c) target content or information toward, or gather personally identifiable information from, children under the age of thirteen (13), or harm minors in any way; (d) damage, impair, disable, or overburden the Service or in any way interfere with Remoba's rights or any other user's use and enjoyment of the Remoba Service; (e) reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of the Service or to disclose results of any benchmark tests of the Service to any third party without Remoba's prior written consent, except to the extent such restrictions are prohibited by applicable law; (f) rent or lease the Service or use the Service in a time-sharing or service bureau arrangement;

9. OWNERSHIP/INTELLECTUAL PROPERTY Subject to Remoba's rights in and to (i) the Service and all portions thereof, including without limitation all Software, grammars and other information provided to You in connection with the Service, (ii) any modifications or derivative works of any of the items in (i), and (iii) all patent rights, copyrights, trade secrets and other intellectual property rights relating to any of the items in (i) or (ii) above (the rights under (i) through (iii) above collectively referred to as "Remoba IP"), You retain Your entire right, title and interest in Your Information as uploaded, stored and revised by You through the Service. You agree that, as between You and Remoba, Remoba is and shall be the sole owner of the Remoba IP and that You will execute such documents and perform such acts as may be requested by Remoba in perfecting its right, title, and interest in and to the Remoba IP.

10. FEATURES. Remoba currently provides the Service free of charge in connection with your Remoba Service provided by your wireless carrier. There is a monthly fee associated with the Remoba Service.

11. NO WARRANTY. THE SERVICE, AND ANY INFORMATION, FUNCTIONALITY, SOFTWARE TOOLS, CODE OR CODE FRAGMENTS AVAILABLE THEREIN ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. REMOBA AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF ACCESS, USE OR PERFORMANCE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, REMAINS WITH YOU AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO COMPUTER SYSTEMS, OR LOSS OF YOUR INFORMATION, DATA OR OTHER FUNCTIONALITY ARISING OUT OF OR RELATED TO ACCESS, USE OR PERFORMANCE OF THE SERVICE OR ANY PART THEREOF. THE SERVICE IS NOT INTENDED, DESIGNED, OR DEVELOPED FOR OR FOR USE IN, ANY NUCLEAR, AVIATION, MASS TRANSIT OR MEDICAL, OR ANY OTHER INHERENTLY DANGEROUS APPLICATIONS AND NEITHER REMOBA NOR ITS LICENSORS SHALL BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM SUCH USE THEREOF. REMOBA AND ITS LICENSORS MAKE NO WARRANTY THAT ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SUCH ACCESS AND USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. REMOBA IS NOT LIABLE TO YOU OR ANY THIRD PARTY WHATSOEVER FOR ANY MODIFICATION TO, SUSPENSION OR TERMINATION OF YOUR ACCESS TO OR USE OF THE SERVICE HEREUNDER. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. LIMITATION OF LIABILITY REMOBA'S ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED FIFTY DOLLARS (USD 50). THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL Remoba OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR COSTS OF OBTAINING SUBSTITUTE GOODS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR EQUIPMENT, OR ANY OTHER SUCH DAMAGE OR LOSS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PART THEREOF, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY EVEN IF REMOBA OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK AND THAT REMOBA WOULD NOT OFFER ACCESS TO AND USE OF THE SERVICE BUT FOR THE EXCLUSION OF WARRANTIES, AND THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 11, 12 AND THIS SECTION 13. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. TERMINATION/SURVIVAL. (a) You: You may terminate this Agreement at any time, with or without cause, effective immediately upon ceasing to use the Service, it being specified that such discontinued use is Your sole means of terminating this Agreement. (b) Remoba: You agree that Remoba may, in its sole discretion, terminate this Agreement or deactivate or delete Your PIN, Account Number or Your Information, and all related information and files, used, contained or stored in the Service, and/or bar Your further access to such information, or the Service, (i) effective immediately upon notice based on Your breach of any of the terms and conditions hereof; (ii) upon termination of Your AGREEMENT with Your wireless carrier, or successor agreement thereto; or (iii) breach of your LICENSE AGREEMENT with Remoba with respect to the Brew Application licensed through Your wireless carrier, or successor agreement thereto (the "Developer Agreement") which breach remains uncured for a period ten (10) days or more. Further, You agree that Remoba shall not be liable to You or any third-party for any termination of Your access to or use of the Service and/or this Agreement. (c) Survival: Upon termination of this Agreement, the following provisions shall survive: Sections 4 (2nd, 3rd, and 4th sentences only), 6, 8, 9, 11, 12, 13, 14, 15, 16, 19, 20 (solely with respect to those Sections surviving termination) and 21.

15. CONFIDENTIAL INFORMATION. You agree not to disclose any information including, without limitation, the Service and any and all information and resources therein, which shall be deemed the confidential information of Remoba, or which You otherwise receive from Remoba that is identified as being confidential or proprietary information, including any information of any third parties therein, except, in each case to employees of Yours who have a need to know such information in connection with Your use of the Service and who are bound by written agreement to maintain the confidentiality of the same on terms no less restrictive than those contained herein. You agree that a violation of this provision may result in irreparable harm to Remoba and will entitle Remoba to obtain injunctive relief without the necessity of proving actual damages, in addition to any other legal or equitable remedy available to Remoba.

16. INDEMNIFICATION. You agree to indemnify, defend and hold Remoba, its subsidiaries, affiliates, directors, officers, employees and other agents, harmless from and against any third party claims, suits or other proceedings and any and all liabilities, losses and damages, including reasonable attorneys' fees, arising out of or related to Your (i) breach of the terms and conditions of this Agreement, including, but not limited to, the terms and conditions imposed on any Software as set forth in Sections 7 (GRANT OF RIGHTS) and 8 (RESTRICTIONS); (ii) alleged infringement of any patent, copyright or other intellectual property right of any third party; (iii) alleged violation of any other claimed right of any third party. Remoba may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification. The assumption of such defense or control by Remoba, however, shall not excuse You from any of Your indemnity obligations.

17. EXPORT LAW. You acknowledge and agree that the Service (including the Software), may be subject to controls imposed by the United States Export Administration Act and/or the regulations or laws of the country in which you access and use the same, if other than the United States. In acknowledgement of the foregoing, You agree, represent and warrant that (i) Your access and use the Service, including your use of any of the Software is not prohibited (a) by regulation by agencies of the U.S. Government, including without limitation the U.S. Department of Commerce, which prohibit export or diversion of certain products and technology to certain countries, or (b) by regulation or laws of the country in which you access or use the same, if other than the United States; and (ii) none of the materials available from the Service, including the Software, are being or will be used in, or acquired, shipped, transferred or reexported, directly or indirectly, into, any country, in violation of the United States Export Administration Act, and the regulations thereunder, or the regulations or laws of the country in which you access or use the Service, including the Software.

18. U.S. GOVERNMENT RESTRICTED RIGHTS. If You, or any of Your users (for business entities), or such User's customers, of any Voice Application, are an agency, department, or other entity of the United States Government ("Governmental Entity") the following provisions apply. The Software and any accompanying documentation are deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Service and/or the accompanying documentation by You or any Governmental Entity shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data included in the Service that is not covered by the above provisions is deemed to be "technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).

19. USE OF YOUR NAME. Remoba may reference Your name and business relationship with Remoba in marketing materials used by Remoba.

20. MODIFICATIONS. Remoba may modify this Agreement by posting the new terms and conditions at http://www.iPhonebook.net or any successor site thereto at least ten (10) days before the new terms and conditions are to become effective (the "Notice Period"). If You continue to access or use the Service following the expiration of the Notice Period, then You will be deemed to have accepted the modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 14(a) ABOVE. No modification to the terms and conditions of this Agreement by You shall be valid unless in writing and signed by an authorized representative of Remoba.

21. MISCELLANEOUS. This Agreement will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles, and to the maximum extent permitted by applicable law, You hereby consent to the exclusive jurisdiction of the federal and state courts located in the County of Santa Clara, California with regard to any dispute arising out of or related to this Agreement. Notification hereunder may be made by e-mail to the e-mail address You provided in accordance with Section 3 above, in writing, by posting on Remoba's Web Site or by any other reasonable means. If any provision of this Agreement or part thereof is held to be unenforceable, that provision or part thereof will be removed and the remaining provisions will remain in full force. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. You may not assign, transfer or encumber this Agreement, by contract or by law, in any way without Remoba's prior written consent; any attempted assignment, transfer or encumbrance in violation of the foregoing shall be null and void and of no effect. No person that is not a party to this Agreement shall have or acquire any rights by reason of this Agreement, nor shall Remoba have any obligation or liability whatsoever to any such person except as otherwise expressly set forth herein. Both Remoba and You agree that any cause of action or claim arising out of or related to this Agreement must be brought within one (1) year from the date of the occurrence of the event which is the basis of such cause of action or claim and both Remoba and You agree that failure to do so shall permanently bar the relevant party from bringing such cause of action or claim. Any new features or changes to the Service shall be subject to this Agreement unless explicitly stated otherwise. This Agreement constitutes the complete and exclusive understanding and agreement of Remoba and You relating to the subject matter hereof, and, other than the Developer Agreement) supercedes all prior or contemporaneous understandings, agreements and communications, and or advertising with respect thereto.

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