Terms of Service – mobile.xyz

Welcome to mobile.xyz, a website operated by 2851778 Ontario Inc. (hereinafter referred to as “we”, “us”, “our”, or “mobile.xyz”). By using our website ( https://mobile.xyz ), you, the visitor, are agreeing to the following Terms of Service. Please read these terms carefully.

1. Acceptance of Terms

By accessing or using our website, you affirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which covers how we collect, use, share, and store your personal information. Your use of our website signifies your acceptance of these terms. If you do not accept these terms, you should not use our website. If you are accessing our website from Canada, the United States of America, any state or territory therein, or any other country, you are contracting with 2851778 Ontario Inc., a Corporation organized under the laws of Ontario, Canada, and agree to be bound by Canadian law.

2. Permitted and Prohibited Uses

You may use our website only for lawful purposes. You agree not to use our website:

– In any way that violates any applicable federal, provincial, state, or local law or regulation.

– To engage in spamming, hacking, illegally sharing copyrighted content, or other unauthorized activities.

– To post or transmit any threatening, defamatory, obscene, or otherwise objectionable content.

– For any purpose that is fraudulent or has an unlawful or fraudulent intent or effect.

3. Intellectual Property

2851778 Ontario Inc., the operator of mobile.xyz, owns or licenses intellectual property rights in the website and original content, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

mobile.xyz may from time to time use, share or reference third party content or intellectual property under fair use, fair dealing or similar provisions in applicable laws, such as in news reporting, commentary, criticism, teaching, research, or other transformative uses allowed under Canadian or American copyright and trademark law.

Other than the exceptions noted above, you may not reproduce, decompile, reverse engineer, or disassemble any aspect of the website without express written consent from mobile.xyz.

4. User Content Licensing

By posting or publishing any content on public areas of our website, you grant mobile.xyz a worldwide, non-exclusive, royalty-free license to reuse, copy, modify, and republish that content. You represent that you have the right to grant such license to us.

5. Changes to these Terms

We may revise these Terms of Service from time to time. If we make changes, we will notify you by revising the date at the top of this page. We recommend that you review these Terms periodically for any updates or changes. Changes will be effective immediately. Your continued use of our website constitutes acceptance of the revised Terms.

6. Binding Arbitration

Any dispute or claim relating in any way to these Terms, our Privacy Policy, our website, our related sites, us, our Officers, Directors, Shareholders, or Employees, or your use of our website or related sites shall be resolved exclusively by binding arbitration by a competent Arbitrator in North America, rather than in court. The arbitration will be conducted by the ADR Institute of Canada (ADRIC) in accordance with its rules, which are incorporated by reference into this clause.

You understand and agree that by entering into these Terms of Service, you and mobile.xyz are each waiving the right to trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

The website for the ADR Institute of Canada (ADRIC) is https://adric.ca/

7. Class Action Waiver

You and mobile.xyz agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and mobile.xyz agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

8. Governing Law and Dispute Resolution

These Terms of Service and any disputes arising out of or in connection with these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.

For users accessing or using the Website from any state or territory within the United States of America, notwithstanding the foregoing, the laws of the Province of Ontario and the federal laws of Canada applicable therein will govern your use of the Website and any disputes arising from it, without regard to conflicts of law principles.

In the event that the laws of an American jurisdiction are determined to apply, such laws shall be the laws of the State of Ohio and no other State. However, regardless of any provision to the contrary, you agree that the final jurisdiction to settle all disputes will be the courts of Ontario, Canada located in the Greater Toronto Area (“GTA”).

Any dispute, controversy or claim arising out of or relating to these Terms, the Website, or your access to or use of the Website, wherever you may be located, shall be settled by binding arbitration administered by the ADR Institute of Canada (“ADRIC”) in accordance with ADRIC’s Arbitration Rules. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any Canadian court having jurisdiction thereof.

By using the Website, you and mobile.xyz agree to waive the right to a trial by jury or to participate in a class action with respect to any arbitrable disputes between you and mobile.xyz. You irrevocably submit to the exclusive personal jurisdiction of the provincial and federal courts located in the Greater Toronto Area (“GTA”) of Ontario, Canada, and/or the the ADR Institute of Canada (“ADRIC”) regardless of your location. You agree not to commence or prosecute any action against 2851778 Ontario Inc., any of its Officers, Directors, Shareholders, Employees, or mobile.xyz in in any court located within the United States of America, or any other jurisdiction other than the courts located in the GTA.

9. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, this shall not affect the validity and enforceability of any remaining provisions.

10. Termination

We may terminate or suspend your access to our website at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the website will immediately cease.

11. Limitation of Liability

In no event shall mobile.xyz, its affiliates or their licensors, officers, directors, agents, service providers, suppliers, or employees be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to the use of, or inability to use, the website or any of our related sites. Under no circumstances will mobile.xyz be responsible for any damage, loss or injury resulting from hacking, tampering, viruses, or other unauthorized access or use of the website or your account.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if mobile.xyz has been advised of the possibility of such damage. You hereby waive any and all claims against mobile.xyz arising out of your use of the website.

12. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and mobile.xyz.