MOBILE22 INC PRIVACY STATEMENT
(Updated July 20, 2020; Version 1.0)
This Privacy Statement (this “Privacy Statement“) explains how Mobile22 Inc., a Delaware corporation (“Mobile22“, “we“, “our” and “us“), may collect, use, and share your personal information when you use or interact with Mobile22 products and services, https://www.mobile22.com/ (our “Site“) and our mobile application (the “Mobile App“) (collectively, “Mobile22 Services“). This Privacy Statement does not apply to other products and services even if accessed via the Mobile App. By using Mobile22 Services, you consent to and accept our use and other processing of your personal information as set forth in this Privacy Statement. If you do not agree with the terms of this Privacy Statement, please do not submit any personal information to us and please do not use the Mobile22 Services. If you have any questions or complaints regarding our Privacy Statement or practices, please contact us at privacy@mobile22.com or one of the other ways provided below.
PERSONAL INFORMATION WE COLLECT
We collect personal information through your use of Mobile22 Services and related marketing events. We may also collect your personal information from licensees, affiliates, dealers, partners, service providers, and other third-party service providers and subcontractors (collectively, “Service Providers”). We collect the following types of your personal information: Information about you and your accounts with us. This includes your name, address, telephone number, date of birth, photographic image, e-mail address, login information, ride request information (including pickup and dropoff locations), demographic data, account password and/or PIN, emergency contact information, and billing information (your credit card number, CVV code and expiration date). We use this information to verify your identity, complete your account activation and to provide to you Mobile22 Services. Information about your device and how you interact with Mobile22 Services. When you visit our Site, we automatically collect your IP address, browser type, device location, unique device identifier, cookie data, associated identifying and usage information from your mobile phone, laptop, or other device. We collect and use such personal information to personalize your Mobile22 Services experience. We may also record information about your browsing session on our Site, including which pages you visited and any forms you filled in. We review this information to identify any technical issues in the operation of our Site and to improve the user interface of our Site. If we use a third-party to help us with this service, this information will be passed to that third-party for this purpose. When you download and use the Mobile App, we may use mobile analytics software to help us better understand the functionality of the Mobile App on your mobile device. Our analytics may record how often you use the Mobile App, how you use the Mobile App, aggregated usage performance data and from where you download the Mobile App. In addition, you may elect to provide us access to certain information such as your mobile device photographs and camera. If you grant us such access, this enables drivers to verify your identity prior to beginning a requested ride.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information in order to: provide you access to Mobile22 Services; assist drivers with providing you with your requested ride; improve the quality, safety, and security of Mobile22 Services; develop new products and services including, without limitation, cab products and services; maintain customer relationships and communicate with you; personalize your experience; administer your account including verification of your identity; process your payments; operate our Site and applications, including our online registration processes; provide customer support and service; provide product and service updates; evaluate and maintain the quality, safety, security and integrity of our products and services; for research, evaluation of use, and troubleshooting purposes; protect the safety of you or others; verify eligibility for incentive and discount programs and to evaluate ongoing program and membership eligibility; perform and/or send marketing communications, including interest-based marketing and advertising (with required consents, as applicable); administer quizzes, surveys, promotions and offers; customize and improve communication content and your experience with Mobile22 Services; comply with legal, regulatory or contractual requirements; detect and deter fraud, theft or abuse of Mobile22 Services; assist emergency service providers; and engage in other activities in the normal course of operating a cab service. We may also use your personal information for any other purpose with your consent. Where required, we will anonymize your personal information in a way that it can no longer reasonably be associated with you. We may use anonymized personal information or share it with third parties for any legitimate business purpose including, without limitation, general demographic and general marketing purposes.
Communications with you in connection with these uses may be made via mail, telephone, e-mail, text message and other electronic messages through Mobile22 Services. See “Your Choices” below to learn how to manage your communication preferences.
HOW WE SHARE YOUR PERSONAL INFORMATION
We may share your personal information as follows for the uses described above (and where required we will obtain additional consent or anonymize your personal information):
Electronic Vehicle Original Equipment Manufacturers (OEM): With Tesla and/or any other Mobile22 Vehicle fleet partners.
Emergency Service Providers: With emergency service providers, such as law enforcement, roadside assistance providers, and ambulance providers.
Business Partners and Independent Third Parties: With business partners, such as research institutes who assist us with research and development (for example, improving highway safety), OEM fleet providers, for service maintenance of the Vehicles, and marketing activities. We may also share your personal information with third parties where you have elected to receive a service from them and you have authorized them to request data from Mobile22.
Service Providers: With our third-party product and service providers including, without limitation, companies that perform eligibility services (such as identity verification to prevent theft and fraud), administer our contests and promotions, host and/or operate our Site, send communications, perform data analytics, credit card processors, or system providers necessary to process, store, or manage credit card personal information (we will not otherwise share your credit card personal information).
Where Required or Permitted by Law: Such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others, to detect, investigate and prevent fraud, or to conduct screening to ensure you are not on any government list of restricted parties.
Business Transfers: In connection with a corporate transaction, a prospective or completed sale, transfer, restructuring, bankruptcy or financing of Mobile22 or its assets.
YOUR CHOICES
You have certain choices regarding how we use and share your personal information. For example, you can restrict our access to and our ability to collect and share the location of your mobile device by disabling location-sharing in the settings feature on your mobile device. However, some of the products and services require access to and collection of the location of your device (for example, we require your mobile device’s location to start and complete your requested ride). If you elect to restrict our access to location-sharing services on your device, your ability to use Mobile22 Services may be severely limited. In addition, data collection, use, and sharing practices are tied to the products and services we offer. To stop the collection, use, or sharing of personal information, you may have to decline those products and services or be willing to accept limited functionality. You may choose to limit the marketing communications we send you by managing your subscriptions. You may also contact us directly, at privacy@mobile22.com to indicate your communications preferences. We provide opt-out instructions in all of our marketing communication channels (for example, an unsubscribe option will appear at the bottom of all marketing-related e-mails). If you opt out of marketing communications, your personal information may still be used for the other purposes described in this Privacy Statement including communications we are required or permitted by law to send to you (for example, certain types of transactional or account-related messages). You may permit us to send you push notifications. We will use push notifications to provide certain services such as emergency or other service notifications, Vehicle arrival notifications, and providing details regarding Mobile22 Services. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you have elected to share your geolocation with us, push notifications may also be used in conjunction with or related to your location. If you change your mind about sharing your location or receiving push notifications from the Mobile App, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time. For additional personal information about your choices, please contact: privacy@mobile22.com.
COOKIES AND OTHER TRACKING TECHNOLOGIES
Mobile22 products and services use cookies, web beacons, pixels and other tracking technologies (collectively, “Cookies“) to gather information, such as demographic data, browser type, IP address, pages visited, activities conducted on the page, and the day and time of your visit. We use Cookies to measure Site activity, remember your preferences, maximize the performance of our Site and services, and customize your experience (for example, maintaining your account login or contact information, help you request a ride and autofill fields on forms). We may combine this information with other information collected about you online or offline, including information provided by third-party sources, and it may be used or shared for the purposes described in this Privacy Statement. We may also allow third-party advertising and personalization partners to use Cookies on our Site in order to develop personalized content and appropriate advertising based on your visits and use of our Site and the Mobile App. This information may also be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. Similarly, we may also place Cookies in our e-mails to measure the effectiveness of our e-mail campaigns, which identify the individuals who open or act upon an e-mail message, when an e-mail message is opened, how many times an e-mail message is forwarded, the type of software, device, operating system and browser used to deliver the e-mail and any URL accessed through our e-mail message. Please also refer to your browser settings to learn more about cookies and other technologies and how to manage Cookie preferences. If you elect to refuse or delete Cookies, you will need to repeat this process if you use another computer or change browsers. If you choose to decline Cookies, some of the functionality of our Site may be impaired.
If you are a California resident, you have the right to receive specific information about how we disclose your personal information to others for marketing purposes and your related choices. Pursuant to California Civil Code Section 1798.83(c)(2), we will not share your personal information with other parties for direct marketing use unless you agree that we may do so or as provided for in this Privacy Statement. If you are a California resident under the age of 18 and you have publicly posted any information on our Site or on the Mobile App, California Business and Professions Code Section 22581 permits you to request and obtain removal of the content or information you have publicly posted. If you wish to make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@mobile22.com. Please be aware that there may be circumstances in which the law does not require or allow us to remove information even if you have made such a request.
Most web browsers and some mobile operating systems and mobile applications include a Do Not Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will update our policy related to such DNT signals in this Privacy Statement.
THIRD-PARTY SERVICES, APPLICATIONS AND WEBSITES
Certain third-party services or applications (for example, your carrier data plan, navigation services) you download, that are pre-installed, or which you may sign up for may have separate user terms and privacy statements, which are independent of our Privacy Statement. Mobile22 is not responsible for the personal information practices of these third-party services or applications. We recommend that you carefully review the user terms and privacy statement of each third-party service or application prior to signing up, downloading, or using them.
Similarly, our Site and the Mobile App may contain links to independent sites outside of and not controlled by Mobile22 or independent product review sites. These other websites or mobile applications may send their own Cookies to visitors, collect data or solicit personal information, and the privacy policies of these third parties may be significantly different from this Privacy Statement. Mobile22 is not responsible for these other websites or mobile applications, their omissions, policies, website content or for the personal information practices of such third parties. We recommend that you read the privacy policies provided by these third parties before making a decision to use the site or provide your personal information to the website or mobile application operators. Mobile22 Services may include social media features including, without limitation, Facebook, Twitter, Instagram and Pinterest. These features may collect your IP address, which page you are visiting on our Site and may set a Cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third-party or hosted directly on our Site. This Privacy Statement does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them and we suggest you review those policies prior to utilizing or interacting with such features.
Google Analytics
We have integrated the component Google Analytics on our Site. Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website a data subject has come to a website from, which subpages of the website were accessed or how often and for which period of time a subpage was viewed. A web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google Analytics uses Cookies. The information generated by the Cookie about your use of our Site is usually transmitted to a Google server in the USA and stored there. Google might transfer the personal information collected via this technical procedure to third parties.
Google utilizes IP address information to evaluate your use of our Site, compile reports on website activity and to provide further services related to our Site. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google. In addition, our Site uses the Analytics feature UserID to track interaction data. This User ID will be additionally anonymized and encrypted and will not be linked with other data. You can prevent the storage of Cookies by changing your browser software settings; however, if you do this, you may not be able to use all the features of our Site to the fullest extent possible.
ACCESS AND UPDATES TO YOUR PERSONAL INFORMATION
You can access your online account to view or update your information related to and stored on your account. You may also contact privacy@mobile22.com to learn about how to access, review, correct, update or delete the personal information about you in our records. We may need to retain certain personal information for recordkeeping purposes, to complete any transactions that you began prior to your request or for other purposes as required or permitted by applicable law.
HOW WE SAFEGUARD YOUR PERSONAL INFORMATION
We maintain commercially reasonable procedures and technology designed to prevent the unauthorized access of your personal information that you provide to us. Mobile22 Services has reasonable technical, administrative and organizational security measures in place to protect the loss, misuse or unauthorized alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures or otherwise obtain access to your personal information.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We generally keep your personal information only for so long as necessary to provide Mobile22 Services to you including, without limitation, to enable us to communicate with you, for your safety, for our research, evaluation of use, or troubleshooting purposes, as well as to operate our business, or to satisfy our legal or contractual obligations. Where required or appropriate, we will anonymize or dispose of your personal information when we no longer need it for the uses described above.
CHILDREN’S PRIVACY
We do not knowingly collect personal information from children under 13 years of age. If you become aware that a child has provided us with personal information without parental consent, please contact us via e-mail at privacy@mobile22.com. If we become aware that a child under 13 years of age, we will take steps to remove such personal information and terminate the child’s account.
INTERNATIONAL DATA TRANSFERS
We store your personal information on servers located in the U.S. If you reside outside the U.S., please know your personal information will be transferred, processed and stored on third-party servers in the U.S., which the EU has deemed to have inadequate safeguards. Since individuals who are not residents of the U.S. are ineligible for the cab services provided by Mobile22, Mobile22 Services is not intended for non-U.S. residents. Accordingly, we request that non-U.S. residents refrain from providing us personal information and to refrain from utilizing Mobile22 Services.
CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement from time to time as our business, products and services expand or change, or as required to by law. If we do, we will post the updated version of the Privacy Statement on our Site. Your continued use of Mobile22 Services shall be construed as your implied consent to the Privacy Statement updates.
GOVERNING LAW
Unless otherwise required by applicable law, this Privacy Statement, and Mobile22’s collection and use of personal information, shall be governed and interpreted in accordance with the laws of the U.S. and the State of Wisconsin.
YOUR CONSENT
By using Mobile22 Services, you are consenting to our processing of your personal information as set forth in this Privacy Statement now and as amended by us from time to time. “Processing” means using Cookies on a computer/mobile device or using or touching your personal information in any way, including, but not limited to, collecting, storing, deleting, accessing or transferring, combining and disclosing personal information, all of which activities will take place in the U.S.
HOW TO CONTACT US
If you have concerns or questions regarding Mobile22’s consumer privacy practices or this Privacy Statement, please visit our Site at https://www.mobile22.com/, e-mail us at privacy@mobile22.com. You may also contact us by regular mail at 821 E. Washington Ave., Suite 200. Madison, WI 53703.
MOBILE22 INC TERMS OF USE (Updated July 20, 2020; Version 1.0)
Mobile22 Inc., a Delaware corporation ("Mobile22", "we," "us," or "our"), operates the mobile application MOBILE22 APP (the "Application") and https://www.mobile22.com/ ( the "Site") as well as a number of related services (the Application and the Site together referred to herein as the "Services"). The following terms and conditions (the "Terms of Use") form a binding agreement between you and us, whether or not you register as a "Member" or browse the Services as a "Visitor" ("you" or "your" refers to the person accessing or using the Services). The Services are designed to assist you in determining the availability of travel-related goods and services and to make legitimate requests, reservations, and payments and to otherwise transact business (collectively, "Transportation Services") with the drivers and vehicle operators that provide Transportation Services ("Transportation Providers").
MOBILE22 DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH MOBILE22 AS A PROVIDER OF TRANSPORTATION SERVICES AND THAT IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE SCHEDULED THROUGH THE SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOBILE22. BY ACCESSING THE SITE, DOWNLOADING THE APPLICATION OR USING THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES AND WE ASK THAT YOU REFRAIN FROM DOWNLOADING THE APPLICATION. If you do not agree to all of the terms OF USE, you must cease using the Services and delete the Application on your mobile devices.
Some offerings provided through the Services may be subject to additional guidelines, rules, or terms ("Additional Terms"). For example, we may offer sweepstakes, rewards, contests of skill, or promotions through the Services that will be subject to terms located where we post or otherwise make the contest public whether through the Services or otherwise. If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms take precedence in relation to that specific offering. The Additional Terms for the offering are hereby incorporated by reference into the Terms of Use.
THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS MAY APPLY TO THE TRANSPORTATION SERVICES YOU PURCHASE OR RESERVE.
We may, at our sole discretion, change, add, or delete portions of the Terms of Use at any time on a going-forward basis. It is your responsibility to check the Terms of Use for changes prior to use of the Services, and, in any event, your continued use of the Services following notice of or the posting of changes to the Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, the Application, and/or, in our sole discretion, by e-mail.
1. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us, which can be accessed here.
2. USERS. You may simply browse the Services, or you may register with Mobile22 and create an account ("Account"). Visitors agree not to attempt to access Member areas of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You must have an Account to purchase and reserve Transportation Services. If we believe or suspect that any information you provide us is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof).
3. ACCOUNTS. When you set up an Account, you are required to provide information including, but not limited to, your name, mobile phone number, e-mail address and to select a password or PIN number (collectively, your "Account Information"), which you may not transfer to or share with any third parties. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. If someone accesses the Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with your Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services through your Account Information that, if undertaken by you, would be deemed a violation of the Terms of Use. In no event and under no circumstances will Mobile22 be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Mobile22 under this provision; (ii) any compromise of the confidentiality of your Account or Account Information; and (iii) any unauthorized access to your Account or use of your Account Information. You may not use anyone else's Account at any time without the prior permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You may not allow persons under the age of 18 to receive Transportation Services unless they are accompanied by you
4. PRICING AND PAYMENT. Although we do not provide Transportation Services, we permit you to pay for any Transportation Services offered by Transportation Providers through the Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience, but no later than thirty (30) days from the date of your submission. You agree that when you use the Services to request or pay for a ride that any amounts charged following a ride are mandatory and due and payable immediately no later than the date and time your ride is completed. Charges may include applicable fees, fares, tolls, surcharges, and taxes plus any tips to the Transportation Provider you elect to pay. Mobile22 has the authority and reserves the right to determine and modify pricing by posting applicable charges for the Services. You are responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We may seek authorization of your credit card to validate your ability to pay the applicable charges at the time that you initiate a request for Services. The authorization is not a charge; however, the authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
5. BOOKINGS. The Terms of Use, together with any Additional Terms and any applicable Transportation Provider policies, shall govern any booking you make through the Services for Transportation Services (each a "Booking"). In the unlikely event the applicable Transportation Provider cannot fulfill the Booking, we will use commercially reasonable efforts to contact you via the contact information associated with your Account at the time of the Booking. You understand that a violation of any of the Terms of Use, any Additional Terms or any Transportation Provider's policies may result in: (a) cancellation of your Booking(s); (b) in you and your Account being denied access to any Booking; or (c) in you forfeiting any monies paid for such Booking(s) or purchase. You hereby authorize us to debit your account (via the method of payment associated with your Account) for any costs we incur as a result of any such violation. Any information related to the times for Transportation Services (including arrival time of a Transportation Provider) is solely an estimate and provided for your convenience. The actual arrival time is subject to a number of factors outside our control including, but not limited to, the actions of the Transportation Provider, weather and traffic. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification
6. CANCELLATIONS OR NO-SHOWS. Any cancellations or no-shows will be governed by the Terms of Use and/or the applicable Transportation Provider's policies. Please read any applicable rules and policies pertaining to the Services or the Transportation Provider's website. Transportation Provider policies and associated fees may vary based on the individual Transportation Provider. Without limiting the foregoing, Mobile22 also reserves the right to charge you cancellation fees and/or no-show fees. Depending on the Transportation Services requested and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.
7. MOBILE SERVICES.
a. By accessing and using the Services you acknowledge and agree that you may receive certain communications from the Services (such as SMS, text messages, e-mails, or other electronic communications collectively referred to herein as "Electronic Communications"). Please note that by accessing and using the Services, or by using certain Application or Site features, such as receiving or sending Electronic Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees.
b. When you use the Services, we may also collect location information from the location tracking functionality on your device (global positioning system (GPS) data and geolocation) to assist us in completing your Booking including, without limitation, assisting Transportation Providers in completing pick-up and drop-off related to your Booking and monitoring and analyzing traffic and Transportation Provider routes. You may authorize us and the Services to take such actions and access such data through your mobile device settings. You can grant or revoke your consent at any time and prevent us from continuing to access your location information by changing the settings on your device. If you choose to share your location information with us (including location-related information provided by your Carrier or other applications), you acknowledge and agree that: (a) such information will be made available to Transportation Providers when you request Transportation Services; and (b) Mobile22 makes this information available upon your request and is not responsible for: (i) the correctness of your location information; or (ii) any use of your location information by authorized third parties including Transportation Providers.
c. If you request to receive updates or other information by mobile phone or text message, you consent to receiving text messages from us and our otherwise communicating with you via your mobile device. We do not charge for this service; however, your carrier's standard messaging, data and other rates and fees still may apply to any messages you send and receive, our confirmations, and all subsequent SMS correspondence and/or transmissions. You should check with your carrier to learn about your plan and how much such text messages may cost you. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to no longer receive such text messages or HELP to receive customer support information. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
d. To improve the experience associated with the Services, Mobile22 has integrated with or partnered with specific partner mobile applications. Certain features of the Services require access to partner applications on your mobile device. When you install our Application, you hereby authorize our Application to access other components on your device to determine whether specific partner applications have been installed on your mobile device. The Application will then transmit that information back to our servers. Any use of third party software provided in connection with the Services will be governed by such third parties' terms of use, licenses, and privacy policies and not by the Terms of Use. BY INSTALLING OUR APPLICATION, YOU CONSENT TO SUCH COLLECTION AND TRANSMISSION.
e. Maps. Certain features of the Services require access to and use of your device's maps features or other third-party map applications. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such map features and third-party applications. By using the Services, and depending on your device's operating system, you may also agree to the Google Maps end-user terms located at http://www.google.com/intl/en_ALL/help/terms_local.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; this Agreement does not apply to any activities conducted via Google Maps. Likewise, by using the Services, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using it.
8. OWNERSHIP. You understand and acknowledge that the Services including, without limitation, software, code, networks, proprietary methods and systems used to provide the Services (collectively, "Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of Our Technology; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Our Technology except as expressly permitted by Mobile22; (iii) decompile, reverse engineer or disassemble Our Technology except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Our Technology; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Our Technology or unduly burdening or hindering the operation and/or functionality of any aspect of the Our Technology; or (vi) attempt to gain unauthorized access to or impair any aspect of Our Technology. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in the Terms of Use grants you any right to receive a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to the Terms of Use. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted below; or (ii) to use or reference in any manner Mobile22's company names, logos, product and services names, trademarks or services marks or those of Mobile22's licensors ("Marks"). Ownership of all such Marks and the goodwill associated therewith remain ours or our licensors.
9. MOBILE APPLICATION.
a. License. Subject to your compliance with the Terms of Use, Mobile22 grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own personal, non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application as permitted by the "Usage Rules" set forth in the App Store Terms of Service. Any rights not expressly granted herein are reserved by Mobile22 and Mobile22's licensors.
b. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license (e.g., the Apple iPhone or Android app stores ("App Store")). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store's terms and policies) when using the Application and the Services. You acknowledge and agree that the following applies to any App Store Sourced Application:
10. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access Mobile22 social media pages, you obtain access to various kinds of information and materials, all of which we call "Content". You are entirely responsible for each individual item of Content that you post, publish, submit or make available through Mobile22 social media pages ("Your Content"), and, as between you and us, you retain ownership and any intellectual property rights in Your Content. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Your Content. You agree that any of Your Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or a Booking, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information on Mobile22 social media pages, we will not be liable for such disclosure. We do not grant you any rights in any Content available on the Site or the Application (other than Your Content), except you may use any such Content for your personal and non-commercial use.
With regard to all Mobile22 social media pages, you represent and warrant that you will not post or use any Content in any manner that:
Though we strive to enforce these rules with all of our users, you may be exposed through the use of social media platforms to Content that violates our policies or is otherwise offensive. You understand that you access Mobile22 social media pages at your own risk. We may, but are not obligated, to remove Your Content from our social media pages for any reason, including if we determine or suspect that any such Content violates the Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on our social media pages whether it violates our Content policies or not. In addition, you understand and agree that Your Content and your actions on social media platforms are subject to each social media provider's separate terms of use and Your Content, your activity and participation on such social media platforms may be edited, limited, or otherwise modified by such social media provider without our intervention or assistance. We are not responsible for action taken by any such social media provider and your concerns or complaints regarding your social media account, activities that transpire on such social media platform or any changes or deletion of Your Content shall be directed to the relevant social media provider.
11. GENERAL RULES OF USER CONDUCT. It is our goal to make your access to our Services a positive experience. You agree not to, and represent and warrant that you will not: (a) use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (b) access the Services for any purposes other than for which the Services are being provided to you; or (c) do any of the following:
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including data or mobile device plan fees, which you incur when accessing the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Mobile22 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications
12. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
13. MODIFICATIONS TO THE SERVICES. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease use of and access to the Services. Continued use of or access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. If you want to terminate any Services, you may do so by: (a) sending us an e-mail to privacy@mobile22.com requesting your Account be deleted; and (b) deleting the Application from your mobile device. Upon receiving your request, we will delete your Account and any related Content within a reasonable amount of time thereafter. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
14. THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.
15. DISCLAIMER OF WARRANTIES. THIS SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MOBILE22 "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOBILE22 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
We make no warranty that the Services or Transportation Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services (including Transportation Services), or that defects in the Services will be corrected. You understand and agree that you will be solely responsible for any damage to your mobile device or computer or loss of data that results from the download of any material and/or content. No advice or information, whether oral or written, obtained by you from us through the Services, Transportation Services or otherwise will create any warranty, representation or guarantee not expressly stated in the Terms of Use.
16. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SERVICES PROVIDED BY TRANSPORTATION PROVIDERS, OR FOR ANY ISSUE RELATED TO TRANSPORTATION SERVICES. THE TRANSPORTATION PROVIDERS ARE INDEPENDENT CONTRACTORS OF MOBILE22 AND NOT AGENTS NOR EMPLOYEES OF MOBILE22. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TRANSPORTATION PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF TRANSPORTATION PROVIDERS, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY; AND (II) TEN DOLLARS ($10.00).
Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from forces or causes beyond our reasonable control including, without limitation, inclement weather and road conditions, independent acts of the Transportation Provider, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Mobile22 assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
17. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Mobile22, our parents, subsidiaries, affiliates, officers, directors, partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Services or Transportation Services (except to the extent prohibited by law); (ii) your violation of the Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) Your Content; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.
18. RELEASE. You hereby release Mobile22, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) your use of the Services; or (ii) your purchase or use of any Transportation Services. You understand that Mobile22 does not currently conduct criminal background checks on its Transportation Providers. Mobile22 makes no representations or warranties as to the conduct or reliability of Transportation Providers.
19. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Electronic Communications. This Section 19 informs you of your rights when receiving Electronic Communications. For contractual purposes, you (i) consent to receive Electronic Communications; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Documents") that we provide to you electronically satisfy any legal requirement that such Documents would satisfy if it were in writing. Your consent to receive Electronic Communications applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also obtain a copy of the Terms of Use by accessing the Services. You may withdraw your consent to receive Electronic Communications by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any Electronic Communications previously provided or business transacted between us prior to your withdrawal of your consent. Please keep us informed of any changes in your e-mail or mailing address so that you continue to receive all Electronic Communications without interruption.
20. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Mobile22 will be governed by the laws of the State of Wisconsin, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any court located in the United States District Court for the Western District of Wisconsin and the Wisconsin Circuit Court for Dane County. The Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under the Terms of Use to anyone else and any attempted assignment or delegation is void. Mobile22 may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Mobile22's equity, business or assets; or (iii) a successor by merger. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. No joint venture, partnership, employment, or agency relationship exists between you, Mobile22 or any third party provider as a result of the Terms of Use or your use of the Services. The paragraph headings in the Terms of Use are included only to help make the Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Terms of Use, Additional Terms, any Transportation Provider Policies, and our Privacy Policy, incorporated by reference, constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use will continue in full force and effect.
21. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
a. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Mobile22 may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Wisconsin law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services or Transportation Services.
b. For any dispute with Mobile22, you agree to first contact us at privacy@mobile22.com and attempt to resolve the dispute with us informally. In the event that we are not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims by Mobile22 for injunctive or other equitable relief) arising out of or in connection with or relating to the Services or the Terms of Use, or the breach or alleged breach thereof (collectively, "Claims"), by binding confidential arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Dane County, Wisconsin, unless you and Mobile22 agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MOBILE22 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
c. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by the Terms of Use. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Wisconsin law or United States federal law.
d. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dane County, Wisconsin. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dane County, Wisconsin, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dane County, Wisconsin for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
e. With the exception of Section 21(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, if (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dane County, Wisconsin. By using the Services in any manner, you agree to the above arbitration provision.
f. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at ADR.org.
22. SURVIVAL. Any limitations on liability explicitly set forth herein and our proprietary rights in and to the Services, Content, and Our Technology will survive the expiration or termination of the Terms of Use for any reason.
23. NOTICE; VIOLATIONS. We may give notice to you by Electronic Communication, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to privacy@mobile22.com or as otherwise expressly provided. If you have any questions or concerns about the Services, you wish to report a violation of the Terms of Use, or speak with us about anything else, please send us an e-mail to privacy@mobile22.com.