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TERMS AND CONDITIONS

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TERMS AND CONDITIONS

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PRIVACY POLICY

TERMS AND CONDITIONS

 

These Website Terms and Conditions of Use (“Terms and Conditions”) govern your (“You” or “you”) use of Modohobo, LLC’s website (the “Website”). These Terms and Conditions are subject to change by Modohobo, LLC (“Modohobo”, “us”, “we” and “our”) at any time in its discretion. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated: March 1, 2018.

1. Terms.

1.1. By accessing this website, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in or accessible within the Website, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trade mark law.

2. Use License.

2.1. Permission is granted to view the Materials on the Website for personal, non- commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license is nonexclusive, non-transferable, limited, and revocable. Under this license you may not: 2.1.1. Modify or copy the Materials; 2.1.2. Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
2.1.3. Attempt to decompile or reverse engineer any software contained on the Website;
2.1.4. Remove any copyright or other proprietary notations from the Materials; or
2.1.5. Transfer the Materials to or share the Materials with another person or “mirror” the Materials on any other server. 2.2. This license will automatically terminate if you violate any of these restrictions and may be terminated by Modohobo at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession, custody, or control regardless of format.

3. Proprietary Information.

3.1. You acknowledge and agree that the Materials accessible within the Website are the proprietary information of Modohobo, and Modohobo retains all right, title, and interest in the Materials. Accordingly, you will not print, reproduce, transmit, publish, or distribute such Materials to any third-party without the express written consent of the Modohobo.

4. Disclaimer.

4.1. The materials on the Website are provided “as is”. Modohobo makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modohobo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Website or otherwise relating to such Materials.

5. Information Provided.

5.1. By providing personal and monthly billing information to Modohobo and its authorized agents, you warrant that you are the account holder or an authorized agent of the account holder and that all information provided by you to Modohobo, including, but not limited to, name, address, phone number, email address, service provider(s), monthly service(s), and monthly service price(s), is complete, truthful, and accurate. Modohobo will not share personal information except in negotiations with your service providers as provided under Section 6 below. Performance of services by Modohobo may require you to provide Modohobo with a passcode to your provider’s account. You will be responsible for providing Modohobo with a functional account PIN and for resetting your account PIN after completion of services by Modohobo.

6. Authorizations Granted to Modohobo.

6.1. By registering with Modohobo, subject to your subscription, you acknowledge and authorize Modohobo and its authorized agents to:
6.1.1. Utilize the name and any and all account information provided to or that is available
to Modohobo to negotiate billing rates with your service providers;
6.1.2. Negotiate with your monthly service provider(s) as an agent on your behalf;
6.1.3. Accept or reject agreements;
6.1.4. Enter contracts binding upon you; and
6.1.5. Act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills subject to any instructions provided in advance to Modohobo by you in writing.

7. Services.

7.1. Modohobo cannot guarantee and does not promise it can obtain or help you obtain lower rates or savings. 7.2. Any time estimate we give for completion of our services which may be given to you is an estimate only and does not form any obligation under the terms of these Terms and Conditions.

8. Costs, Billing and Cancellation.
8.1. We are not responsible for price increases occurring during or after your subscription for our services, including without limitation, those arising from (1) one time purchases or fees incurred by the bill’s account holder or anyone else with access to the account; (2) service or fee price increases by the provider that are not specific to the account (e.g. an increase to Verizon’s fees); (3) the addition of services or upgrades to the services on the account; or (4) discounts, promotions, or credits on the account expiring, so long as those reductions were not put into place as a result of Modohobo’s negotiations.
8.2. Modohobo may reduce the fee it charges for its services for promotional reasons or during promotional periods in its sole and absolute discretion. A discounted fee does not stack with any other promotional discount.
8.3. Subscriptions can be purchased directly from Modohobo. Your payment to Modohobo will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. Modohobo may change the price for subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Modohobo’s services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the your subscription prior to the price change going into effect. As such, make sure you read any such notification of price changes carefully.
8.4. All subscriptions have a minimum term of between three (3) and twelve (12) months, as disclosed to and agreed upon by you when you sign up for your subscription.
8.5. If the savings shown on a Modohobo invoice are not accurate, you must notify Modohobo within thirty (30) days of receiving your Modohobo invoice. Modohobo will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, Modohobo will, at its sole discretion, either adjust your Modohobo invoice accordingly or provide a credit to your next subscription payment(s).
8.6. If Modohobo accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.
8.7. Modohobo is not affiliated with the service provider and, as such, is not responsible for the actions of the provider, including without limitation service or fee price increases by the provider and any mistakes made by the provider with regards to your account.
8.8. Modohobo reserves the right to cancel your account with Modohobo at any time for any reason and request payment in full for services rendered through the date of cancellation.

9. Modohobo LLC is not a Financial Advisor.
9.1. Modohobo does not provide legal, financial, or tax advice. You are using any and all information and Materials available on the Website at your own risk. You should consult with an accountant, attorney, and/or other professional adviser before making financial decisions.

10. Revisions and Errata.

10.1. The Materials appearing on the Website could include technical, typographical, or photographic errors. Modohobo does not warrant that any of the Materials are accurate, complete, or current. Modohobo may change the Materials at any time without notice. Modohobo does not, however, make any commitment to update the Materials.

11. Links.

11.1. Modohobo has not reviewed all of the sites linked to the Website, nor has it verified the accuracy or suitability of any information in any such sites. Modohobo is not responsible for the contents of any such linked site. Including any link does not imply endorsement by Modohobo of the site. Use and/or access of any such linked website is at your own risk. Modohobo does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by Modohobo. Modohobo cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Modohobo assumes no responsibility or risk for your use of the Internet.

12. Liability.

12.1. You will defend, hold harmless, and indemnify Modohobo, its owners, officers, directors, members, employees, contractors, suppliers, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by you, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and you agree to defend, hold harmless, and to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.
12.2. In no event will Modohobo, its suppliers, or its authorized agents be liable for any special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the services of Modohobo, even if Modohobo or a Modohobo authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of Modohobo, its suppliers, and its authorized agents to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount a user has paid to Modohobo for the applicable service out of which the liability arose.
12.3. If, through our negligence or willful misconduct, we damage your phone, our liability will be limited to the cost of providing a repair of any such damage, or if the phone is beyond economical repair, a replacement with a product that is the same as or similar to the damaged phone.                                                                                                                                                                                                  12.4. Any data or information that you may have stored on your phone will remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record and/or backup of any such data.

12.5. We will not be liable for any claim arising under these Terms and Conditions unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.

13. Governing Law, Venue and Attorney’s Fees.

13.1. These Terms and Conditions will be governed by and construed under the laws of the State of Arizona, without giving effect to the conflict of law provisions thereof. The parties agree that none of them will commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the state courts in Maricopa County, Arizona, or the federal courts in the United States District Court for the District of Arizona. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.
13.2. In any action or proceeding by which Modohobo either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this agreement and is the prevailing party, Modohobo will be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity.

14. Mailings.

14.1. For any mailings from Modohobo to you that are required or permitted under this Agreement, Modohobo will only send such mailings to the address listed in your account with your service provider.

15. Miscellaneous.

15.1. We reserve the right to refuse service to anyone for any reason at any time. 15.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, without express written permission by us.
15.3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
15.4. Prices for our services are subject to change without notice.
15.5. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time.
15.6. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any or all of our services.                                                                                      15.7. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms and Conditions, such determination will not affect the validity and enforceability of any other remaining provisions.
15.8. The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
15.9. Any ambiguities in the interpretation of these Terms and Conditions will not be construed against the drafting party.
15.10. These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions).
15.11. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website or use of our services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

PRIVACY POLICY

 

Your privacy is very important to us. Accordingly, we have developed this Policy for you to understand how we collect, use, communicate, and disclose and make use of personal information. The following outlines our privacy policy:

 

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
  • We will collect and use personal information solely with the objective of fulfilling those
    purposes specified by us and for other compatible purposes, unless we obtain your written consent or as required by law;
  • We will only retain personal information as long as necessary to fulfill those purposes;
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned;
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to- date;
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification;
  • We will make readily available to our customers information about our policies and practices relating to the management of personal information; and
  • We may permit certain third-party companies to help us tailor advertising we believe may interest users and to collect and use other data about user activities on our Website and/or relating to our services (e.g., to allow them to tailor ads on third-party services). These companies may deliver ads that might also place cookies and otherwise track user behavior. To opt out of having your personal information affect the serving of Google AdWords, visit https://www.google.com/ads/preferences/. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.