My Mobile Witness<sup>sm</sup>

Terms of Service

INTRODUCTION

These Terms of Use state the terms and conditions under which you may use this website (the “Website”).  Please read this page carefully. If you do not accept these Terms of Use, do not use the Website as your use of the Website constitutes your agreement to abide by these Terms of Use.  My Mobile Witness, Inc. (“My Mobile Witness”) may revise these Terms of Use at any time by updating this posting.  You should visit this page periodically to review the Terms of Use, because they are binding on you.

MATERIALS ON WEBSITE

My Mobile Witness authorizes you to view the materials on this Website solely for your personal, noncommercial use.  The contents of this Website, such as text, graphics, images, software and other materials (collectively, the “Materials”), are protected by copyright, trademark and other United Sates and foreign laws.  Unauthorized use of the Materials may violate copyright, trademark, and other laws.  The information on this Website is for informational purposes only and does not create a business or professional services relationship between you and My Mobile Witness.  You will comply with all applicable laws regarding the use of the Materials and the Website.  If you violate these Terms of Use, your permission to use the Materials and the Website automatically terminates.

If you sign up for the My Mobile Witness service (the “Service”) you will be required to agree to our Terms of Service and all information you provide on this Website will be subject to our Privacy Policy.

Only users that currently subscribe to the Service will be permitted to make postings to the My Mobile Witness Blog (the “Blog”).  You must provide your email address and first name to make any postings to the Blog.  You will not post to the Blog:

My Mobile Witness may remove any posting to the Blog or block your ability to make postings to the Blog at any time for any reason.  My Mobile Witness may determine which postings submitted to the Blog will be displayed on the Website.  My Mobile Witness is not responsible for the content of any Blog posting and makes no representations or warranties regarding any such posting, and each user remains solely liable for any content included in any Blog posting submitted by such user.  You agree that My Mobile Witness may use, copy, transmit and reproduce any materials you post to the Blog in its sole discretion.

OWNERSHIP

Unless otherwise stated, the Materials are owned by My Mobile Witness. All trademarks and logos used or referred to in this Website are the property of My Mobile Witness or their respective owners.  Nothing on this Website confers any license or right to any copyright, patent, trademark or other proprietary interest of My Mobile Witness or any third party.  Except for the specific right to view the Materials on the Website, the Materials may not be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 

My Mobile Witness and its licensors will have sole and exclusive ownership of all right, title, and interest in and to the Materials and all modifications and enhancements thereof.  You may not sublicense, sell, transfer, copy, modify, or distribute the Materials, or any copy, adaptation, or portion thereof.  You may not reverse assemble or compile, or otherwise translate the Materials.  My Mobile Witness reserves all rights not expressly granted in these Terms of Use.

You acknowledge that, in the event of your breach of any of the foregoing provisions, My Mobile Witness may not have an adequate remedy in money or damages. My Mobile Witness will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.

LINKS TO THIRD PARTY SITES

There may be links to third party websites on the Website.  My Mobile Witness is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk and will be subject to the terms of use and privacy policy of such website, if any.

DISCLAIMER

My Mobile Witness, Inc. DOES NOT WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.  IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, My Mobile Witness IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  My Mobile Witness, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  My Mobile Witness MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, CONTENTS POSTED ON THE BLOG, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL MY MOBILE WITNESS OR ITS OFFICERS, STOCKHOLDERS OR DIRECTORS OR ANY OF ITS SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE WEBSITE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES)  RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR USE OF THE MATERIALS WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY MOBILE WITNESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some states and jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties.  Therefore some of the limitations set forth in the Sections entitled “Disclaimer” and “Limitation of Liability” may not apply to you.

INDEMNIFICATION

You will indemnify, hold harmless, and, if My Mobile Witness requests, defend My Mobile Witness, its officers, directors, employees and agents, from and against any claims, liabilities, losses, actions, demands, costs (including without limitation attorneys’ fees and costs), alleging or arising from or related to (i) your use of the Website, including without limitation, the Materials and the Blog, or (ii) your breach of these Terms of Use.

GOVERNING LAW

You agree that these Terms of Use and any legal action or proceeding relating to this Website shall be governed by the laws of the State of California, without respect to its conflict of laws principles.  You agree to submit to the jurisdiction of the state and federal courts in San Francisco County in the State of California in any litigation or dispute arising out of or related to these Terms of Use or the Materials.

GENERAL

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. The provisions contained in the following Sections will survive any expiration or termination of these Terms of Use: “Ownership,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”

These Terms of Use were last updated on October 20, 2008.