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Terms and Conditions

Mobile Armor Web Site

Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or website. We suggest you print a copy of each of these documents for your records.

Mobile Armor, Inc. shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at http://www.mobilearmor.com/termsofuse.php. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

These Terms of Use were last modified on March 22, 2003.

Disclaimer

This website is for informational purposes only and is not intended to provide specific security advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Mobile Armor, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

Mobile Armor has used its best commercial efforts to obtain the most accurate and timely information available, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Mobile Armor shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Mobile Armor reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Mobile Armor nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Mobile Armor or such provider has been advised of the possibility of such damages.

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to this website any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Mobile Armor Inc.;
  7. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and cy uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

Mobile Armor, MA, Product names and technologies, and other identifying marks of Mobile Armor, Inc. are and shall remain the trade-marks and trade names and exclusive property of Mobile Armor, Inc., and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Mobile Armor and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Mobile Armor, Inc.
400 S. Mill Road
Suite 300
St. Louis, MO 63017
USA
Attention: Intellectual Property Manager
Main Office:314.590.0900 Facsimile: 314.590.0995

IMPORTANT: We at Mobile Armor are committed to establishing our services in as many languages as possible. However, our company is based in the United States and our staff are English-speaking. We apologize, but we can only correspond in English.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Sale, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue of the State of Missouri.

Contact

If you have any questions or concerns about our website or these Terms of Use, please feel free to .

Sales and Services
  1. Defined Terms. As used in this Agreement:
    • "Client Data" means any data, information or material provided or submitted by Client to the Services in the course of their use.
    • "Content" means the audio and visual information, documents, software, products and services contained or made available to Client in the course of using the Services, including the "look and feel" of such Content.
    • "License Administrator(s)" means those Users designated by Client who are authorized to purchase licenses by executing written Service Orders or other mutually acceptable means of ordering available and to create User accounts and otherwise administer Client's use of the Services.
    • "License Key(s)" means the authorization code that grants Client permission to download and/or access the MOBILE ARMOR software implementing the Services.
    • "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Services.
    • "Technology" means all of MOBILE ARMOR's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Client by MOBILE ARMOR in providing the Services.
    • "Self-Service Portal" means a secure Internet gateway providing Clients with access to online information, 24 hours a day, seven days a week.
    • "Service Level Agreement" means the Service Level Agreement attached hereto or incorporated by reference in a Service Order, and/or any MOBILE ARMOR Service Level Agreements posted on MOBILE ARMOR's web site, as each may be amended from time to time by MOBILE ARMOR.
    • "Service Order(s)" means the final proposal, statement(s) of work and/or order form(s), however captioned, associated with this Agreement and agreed to by the Parties, regardless of title or caption and whether written or submitted online or in written form. evidencing the initial subscription for the Services, and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties.
    • "Services" means the data encryption/decryption services, including related Content, to which Client is being granted access under this Agreement.
    • "Terms and Conditions" means these Terms and Conditions, which may be amended from time to time by MOBILE ARMOR upon reasonable prior notice to Client.
    • "User(s)" means Client's employees, representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied user identifications and passwords by Client (or by MOBILE ARMOR at Client's request).
  2. License Grant & Restrictions. MOBILE ARMOR hereby grants to Client a number of non-exclusive, non-transferable, worldwide licenses to access and use the Services equal to the number of individual Users specified in the most recent Service Order, for such Users to access and use the Services, solely for Client's own internal business purposes, during the License Term and subject to the terms and conditions of this Agreement. All rights not expressly granted to Client are reserved by MOBILE ARMOR. The License Term shall end upon termination of this Agreement.

    Users may not share access to the Services, and Client may not permit any hardware accessing the Services to be used by more than one individual User; but Client may reassign licenses internally from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Services.

    Client may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Client may not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Content in any way; (b) modify or make derivative works based upon the Services or the Content; (c) create Internet "links" to the Services or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; (d) reverse engineer the Services; or (e) access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics, or (iii) copy any ideas, features, functions or graphics.

    Client may use the Services only for Client's internal business purposes. Client shall not use the Services to: (a) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (e) attempt to gain unauthorized access to the Services or MOBILE ARMOR's related systems or networks.
  3. Client's Responsibilities. Client is responsible for all activity occurring under Client's User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Client's use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. Client shall: (i) notify MOBILE ARMOR immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MOBILE ARMOR immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by Client or Client's Users; and (iii) not impersonate another MOBILE ARMOR user or provide false identity information to gain access to or use the Services.
  4. Client Data. MOBILE ARMOR does not own any Client Data. Client, not MOBILE ARMOR, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and MOBILE ARMOR shall not be responsible or liable for any deletion, destruction or loss of, damage to, errors in, or failure to store, any Client Data.

    Upon termination of this Agreement (other than by reason of Client's breach), MOBILE ARMOR will afford Client the opportunity, during a stated period of time, to transition Client Data to a form or location outside the Services. MOBILE ARMOR reserves the right to withhold, remove and/or discard Client Data without notice for any breach by Client, including, without limitation, Client's non-payment. Upon termination of this Agreement by reason of Client's breach or upon expiration of the specified transition period, Client's right to access or use Client Data immediately ceases, and thereafter MOBILE ARMOR shall have no obligation to maintain or forward any Client Data, and no responsibility to Client for loss of or inability to access Client Data.
  5. Use Of Company Names & Logos, Press Release. Client authorizes MOBILE ARMOR to add Client's name and logo on its customer list in accordance with all logo specifications provided by Client at time of publication. The parties may issue a joint press release concerning this Agreement by mutual agreement. Within six (6) months after implementation of the Services, if requested by MOBILE ARMOR, Client agrees to participate in a case study regarding Client's use of the Services. Publication of the results of any such study will be subject to reasonable review and approval by Client. If requested by MOBILE ARMOR, Client agrees to designate a representative who will respond to reasonable inquiries by MOBILE ARMOR and/or outside trade media concerning the Services and related issues. Client's representative for this purpose is identified on the Cover Page.
  6. Intellectual Property Ownership; Confidentiality. As between MOBILE ARMOR and Client, MOBILE ARMOR shall have sole and exclusive ownership, worldwide, of all right, title and interest in and to: the Services (including the Content); the Technology; any inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, trade secrets, intellectual property rights and derivatives thereof, and forms of protection of a similar nature owned by MOBILE ARMOR or related to the Services; and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any other party relating to the Services. This Agreement is not a sale and does not convey to Client any rights in or related to the Services (including the Content), the Technology or any of the above intellectual property rights except the limited right of use expressly granted in this Agreement. Client has no right to use the MOBILE ARMOR name, logo or trademarks without the express written permission of MOBILE ARMOR.

    MOBILE ARMOR and Client agree that the terms and conditions of this Agreement and all other non-public information provided to either party by the other, including but not limited to MOBILE ARMOR pricing information, are confidential and will not be disclosed to third parties except as otherwise expressly provided in this Agreement.
  7. Charges and Payment of Fees. Client shall pay all fees or charges to Client's account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Client must provide MOBILE ARMOR with valid credit card or approved purchase order information as a condition to Mobile Armor's obligation to begin providing the Services. Full payment for each License Term must be made in advance unless otherwise expressly agreed to in writing by MOBILE ARMOR, and all amounts paid are nonrefundable. Client must pay for all User licenses ordered for the entire License Term, whether or not such User licenses are used. The License Administrator designated on the Cover Page may increase the number of User licenses by executing an additional written Service Order or using other mutually acceptable means of ordering. Any additional User licenses will be coterminous with the then current License Term and will be charged at the then current license fee, pro rated based on the number of full or partial months remaining in the then current License Term.
    MOBILE ARMOR reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days' notice to Client by the method described in "Notice" below. Client shall be deemed to have accepted any such change unless it terminates this Agreement by giving MOBILE ARMOR a written notice of termination prior to the effective date of the change. Client's continued use of the Services after the effective date of any such change shall constitute Client's agreement to such changes.
  8. Billing and Renewal. MOBILE ARMOR charges and collects in advance for use of the Services. MOBILE ARMOR will automatically renew and bill Client's credit card or issue an invoice to Client each year on the subsequent anniversary or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless MOBILE ARMOR has given Client at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. MOBILE ARMOR's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on MOBILE ARMOR's income.

    Client certifies that the information on the Cover Page is correct, and agrees to update this information within 30 days of any change to it. If the contact information Client has provided is false or fraudulent, MOBILE ARMOR reserves the right to immediately terminate Client's access to the Services in addition to any other legal remedies.

    Unless otherwise noted in the Service Order, all billings will be in U.S. dollars and are subject to U.S. payment terms and pricing. Client must notify MOBILE ARMOR of any claimed billing errors in writing within 60 days after the invoice date to be eligible to receive an adjustment or credit.
  9. Term and Termination. The initial License Term will begin on the Effective Date and continue for the period specified in the initial Service Order, or if no period is specified, then for one (1) year. Upon the expiration of the initial License Term, this Agreement will automatically continue for successive one year License Terms at MOBILE ARMOR's then current fees; provided that either party may terminate this Agreement or reduce the number of licenses effective upon the expiration of the then current License Term by notifying the other party in writing at least thirty (30) days prior to such expiration date. This Agreement may also be terminated prior to the expiration of the current License Term as provided elsewhere herein. In the case of free trials, notifications provided through the Services indicating the remaining number of days in the free trial shall constitute notice of termination.

    In addition to any other termination rights granted to MOBILE ARMOR herein, Mobile Armor may terminate this Agreement and the licenses granted hereunder (a) effective immediately upon written notice to Client if Client breaches any of the provisions under "Export Control" below, or (b) upon thirty (30) days' written notice to Client if Client breaches any other term hereof and fails to cure said breach within the thirty (30) day period. In addition, MOBILE ARMOR reserves the right to suspend this Agreement, including Client's access to the Services and Client Data, if any fee or charge is not paid when due. Unpaid fees or charges are subject to interest of 1.5% per month (or the highest amount allowed by law, if less) on any outstanding balance, plus all expenses of collection. Client will continue to be charged for User licenses during any period of suspension.

    MOBILE ARMOR reserves the right to impose a reconnection fee in the event Client is suspended and thereafter requests access to the Services. Client agrees and acknowledges that MOBILE ARMOR has no obligation to retain Client Data and that such Client Data may be irretrievably deleted in the event of termination by MOBILE ARMOR by reason of Client's breach.
  10. Representations & Warranties. Client represents and warrants that it has the legal power and authority to enter into this Agreement, that Client has not falsely identified itself nor provided any false information to gain access to the Services, and that Client's billing information is correct.
    MOBILE ARMOR represents and warrants that it will use its best efforts to provide the Services in a manner consistent with the Service Level Agreement, that the Services will not corrupt any Client Data or any other software used by Client, and that the Services will perform substantially in accordance with the MOBILE ARMOR documentation under normal use and circumstances. MOBILE ARMOR shall, at its own expense and as its sole obligation and Client's exclusive remedy for any breach of these warranties, use commercially reasonable efforts to fix or replace, at its option, any software provided in connection with the Services, or, if Mobile Armor determines that it is unable to correct a material defect, Client may terminate this Agreement and receive a refund of the fees paid for the period of nonperformance.
    EXCEPT TO THE LIMITED EXTENT PROVIDED ABOVE, THE SERVICES AND ALL CONTENT ARE PROVIDED TO CLIENT STRICTLY ON AN "AS IS" BASIS. MOBILE ARMOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. MOBILE ARMOR DOES NOT REPRESENT OR WARRANT (A) THAT THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR COMPLETELY ERROR-FREE OR RUN PROPERLY ON ALL HARDWARE OR IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR EXPECTATIONS, (C) THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR EXPECTATIONS, (E) THAT ALL ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR (F) THAT THE SERVICE OR THE SERVER(S) WHICH MAKE THE SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO WARRANTIES APPLY TO SOFTWARE WHICH HAS BEEN SUBJECTED TO ACCIDENT, NEGLECT, MISUSE, ABUSE, VANDALISM, NEGLIGENCE IN TRANSPORTATION OR HANDLING, FAILURE OF ELECTRIC POWER, AIR CONDITIONING, HUMIDITY CONTROL, CAUSES OTHER THAN ORDINARY USE, OR CAUSES BEYOND MOBILE ARMOR'S CONTROL.
    THE WARRANTIES IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ORAL OR IN WRITING, AND MOBILE ARMOR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
  11. Internet Delays. MOBILE ARMOR'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MOBILE ARMOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  12. Mutual Indemnification. Client shall hold harmless and indemnify MOBILE ARMOR and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Client Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by Client of Client's representations and warranties; or (iii) a claim arising from the breach by Client or Users of this Agreement, provided in any such case that MOBILE ARMOR (a) promptly gives written notice of the claim to Client; (b) gives Client sole control of the defense and settlement of the claim (provided that Client may not settle or defend any claim unless Client unconditionally release MOBILE ARMOR of all liability and such settlement does not affect MOBILE ARMOR's business or Services); (c) provides to Client all available information and assistance; and (d) has not compromised or settled such claim.

    MOBILE ARMOR shall hold harmless and indemnify Client and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Services directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by MOBILE ARMOR of its representations or warranties; or (iii) a claim arising from breach of this Agreement by MOBILE ARMOR; provided that Client (a) promptly gives written notice of the claim to MOBILE ARMOR; (b) gives MOBILE ARMOR sole control of the defense and settlement of the claim (provided that MOBILE ARMOR may not settle or defend any claim unless it unconditionally releases Client of all liability); (c) provides to MOBILE ARMOR all available information and assistance; and (d) has not compromised or settled such claim. MOBILE ARMOR shall have no indemnification obligation, and Client shall indemnify MOBILE ARMOR pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Services with any of Client's products, service, hardware or business process(s).
  13. Limitation of Liability. MOBILE ARMOR'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF LICENSE FEES PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
    MOBILE ARMOR SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS AND LOST DATA, BY REASON OF MOBILE ARMOR'S NEGLIGENCE OR OTHERWISE IN CONNECTION WITH THE LICENSING, DELIVERY, INSTALLATION, OR USE OF THE SERVICES, EVEN IF MOBILE ARMOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. CLIENT RECOGNIZES THAT THIS SECTION REFLECTS AN AGREED-UPON ALLOCATION OF RISK AND THAT MOBILE ARMOR WOULD NOT ENTER INTO THIS LICENSE AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
  14. Force Majeure. MOBILE ARMOR shall not be responsible or liable for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, riot or insurrection, natural disaster, delay or unavailability of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
  15. Export Control. The Services use software and technology that is subject to United States export controls administered by the U.S. Department of Commerce and other U.S. agencies. Client agrees that it will comply with all export laws, rules and regulations of the United States Government in connection with the intended use of the Services, and that neither the Services nor any of the Content or Technology may be transferred or otherwise exported or re-exported to countries or to individuals to which such transfer, export or re-export is prohibited. By entering into this Agreement Client represents and warrants that Client is not located in, and is not (and is not under the control of) a national or resident of, a country to which export of the Content or Technology is prohibited. Client agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.
  16. Notice. MOBILE ARMOR may give notice to Client by e-mail or fax to Client's e-mail address or fax number on record in MOBILE ARMOR's account information, or by first class mail, postage paid, or by pre-paid overnight courier service to Client's address on record in MOBILE ARMOR's account information. Such notice shall be deemed to have been given upon the first to occur of (a) actual receipt, or (b) the second business day after mailing (if sent by first class mail or courier service), or (b) confirmation of a completed transmission (if sent by email or fax).
    Client may give notice to MOBILE ARMOR by e-mail to MOBILE ARMOR at its representative's e-mail address (if any) indicated on the Cover Page, or by fax to (314) 590-0995, to the attention of the individual representative named on the Cover Page, or by first class mail, postage paid, or by pre-paid overnight courier service to MOBILE ARMOR at 400 S. Woods Mill Road, Suite 300, Chesterfield, MO 63017 USA, addressed to the attention of its individual representative named on the Cover Page.
    Either party may change its notice address from time to time by giving notice to the other party in the manner provided above.
  17. Modifications to Agreement. MOBILE ARMOR reserves the right to change these Terms and Conditions, the Service Level Agreement, or its other policies relating to the Services at any time upon at least 30 days' notice to Client. Client shall be deemed to have accepted any such change unless Client terminates this Agreement by giving MOBILE ARMOR a written notice of termination prior to the effective date of the change. Client's continued use of the Services after the effective date of any such change shall constitute Client's agreement to such changes notwithstanding any purported rejection by Client. Any other amendment of this Agreement must be in writing signed by both parties.
  18. Assignment; Change in Control. This Agreement may not be assigned by Client without the prior written approval of MOBILE ARMOR. This Agreement may be assigned without Client's consent by MOBILE ARMOR to a parent or subsidiary or to an acquirer of MOBILE ARMOR's business. Any purported assignment in violation of this section shall be void.
  19. Entire Agreement. This Agreement constitutes the complete and final agreement and understanding between the parties with respect to its subject matter, and supersedes and merges all prior and contemporaneous agreements, negotiations, and understandings between the parties, both oral and written, with respect to its subject matter. Client may order Services by means of a purchase order or other Client form, but Client expressly agrees that any such purchase order or other form is used for Client's administrative convenience only, and no terms and conditions on or attached to any such purchase order or other form shall add to or change the provisions of this Agreement.
  20. Waiver. Any waiver of a provision of this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  21. Governing Law. This agreement shall be governed according to the internal laws of the State of Missouri without regard to any conflict of law principles. The parties agree that the exclusive jurisdiction for any lawsuit regarding the construction, interpretation, termination, validity, or enforcement of this Agreement shall be the Federal or Missouri State courts located in the City or County of St. Louis, Missouri. The parties hereby consent to the jurisdiction and venue of those courts and waive any objection to such jurisdiction and venue.

    If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
Return & Refund Policy

Please carefully read the Mobile Armor, Inc Sales Return and Refund Policy below before making a purchase from Mobile Armor, Inc.

Software-only Applications (downloaded applications with no hardware devices):

Software, once downloaded, can not be refunded or returned. Please carefully read all information regarding the application before downloading to confirm you are downloading the correct application for your PC and operating system.

Software & Hardware:

The Return & Replace Policy for "Boxed" applications (packaged products which contain a software and a hardware device such as a KeyArmor), is separated into two categories.

1. Product Package is Opened

The boxed product packages are sealed by Mobile Armor distributor and wrapped in plastic. If either the plastic is opened, ripped, torn, or missing, or if the box seal is opened, the package is considered opened and used.

Boxed packages that have been opened are not eligible for return or refund.

2. Product Package is Unopened

Packaged products of software and hardware that are shipped to the customer may be returned for the original purchase price, if the following conditions are met:

  1. The product box container is unopened.
    The product box is sealed and wrapped in plastic. To be eligible for return, the original seal and plastic wrap must be in place.
  2. The product box must be in original condition. If there are marks of wear and tear, if the box is scratched, dented, crushed or broken, or if the plastic wrapping is cut, the product will not be eligible for return.
  3. All original contents must be in the package.
  4. Water damage: the product is ineligible for return if there is any water damage whether the result of accident or natural disaster.
  5. Time Limit: the product must be returned (post-marked) within 10 days of the original shipment date on which Mobile Armor shipped the product.

Shipping:

Please ship the entire software/harware package in the original box.

Hardware Guarantee:

If the hardware device included with the Mobile Armor product is found defective or broken upon first use, Mobile Armor will replace the hardware device if the following conditions are met:

  1. The hardware device does not show obvious signs of abuse.
  2. Time Limit: the product must be returned (post-marked) within 10 days of the original shipment date on which Mobile Armor shipped the product.

Shipping:

Please ship the entire software package in the original box

For any returns or refunds, please ship the entire package in the original box to the following address:

400 S. Woods Mill Road
Suite 300
St. Louis, MO 63017
Tel: 314.590.0900
Fax: 314.590.0995

Any item returned to Mobile Armor will be refunded or replaced at the sole discretion of Mobile Armor.

In the event that Mobile Armor refunds or replaces a product, Mobile Armor will make every effort to expedite the matter in the fastest possible time.

Please note that Mobile Armor nor its employees are not responsible for any expenses, fees or other costs incurred by our Customers as a result of defective or incompatible products.

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