Terms of Service
Last Updated: April 6, 2020
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIREMENT OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MOBLHOM IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Moblhom will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new Users of the Website or Service and will be effective 30 days after posting notice of such changes on the Website for existing Users. Moblhom may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service constitutes your acceptance of such change(s). Please regularly check the website to view the then-current Terms.
Overview. We provide an online platform and service (the “Service”) to provide individuals seeking home rental information and reservations (“Renters”) with resources about rentals, homes, and other properties (“Property”). We enable Renters to make reservations for monthly stays (“Booking”) on Property with homeowners who have created listings for such Property (each, a “Homeowner”). Our Users include Renters and Homeowners.
Our Role. MOBLHOM IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. MOBLHOM HAS NO CONTROL OVER THE CONDUCT OF HOMEOWNERS, RENTERS, OR OTHER USERS OF THE WEBSITE AND SERVICE OR ANY PROPERTY OR OTHER THIRD PARTY. We are not an owner, operator, or provider of any Property, nor do we manage and/or control Properties or transportation or travel services.
Booking Property In situations where you, as a Renter, have the ability to book a Property on our Website, we refer to such booking as a “Booking”. However, any Booking is directly between the Renter and entity that owns or manages such Property; we are not a party to such Booking or any transaction or agreement related thereto.
Disclaimer. By using the Website or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on Moblhom or seek any legal remedy from Moblhom with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users regarding any Listings (defined below), or potential or actual Bookings. The foregoing limitation does not apply to any claim by a Homeowner against us regarding the remittance of payments received from a Renter by Moblhom on behalf of a Homeowner.
The following terms apply to Users in their role as a Renter:
Booking. These Terms govern any Booking. In addition, separate terms and conditions may apply to Property (defined below) you book, including policies that are set by the applicable entity that owns or manages such Property ("Property Rules"). These Property Rules may be set forth on the Service or otherwise communicated to you via a Booking confirmation email.
In Bookings, Moblhom acts solely as a technology platform that facilitates communication and is not a party to any transaction between Renters and Homeowners. Pricing is set by the applicable Homeowner. You acknowledge and agree that you, and not Moblhom, will be responsible for performing the obligations of any agreement you may have with a Homeowner, that Moblhom is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Moblhom disclaims all liability arising from or related to any such agreements.
When we provide Bookings, our responsibilities are limited to: (i) facilitating the availability of the Website and Service and (ii) serving as the limited payment collection agent of Homeowners for the purpose of accepting payments from Renters.
Damage to Property. As a Renter, you are responsible for leaving the Property in the condition it was in when you arrived, including the removal of all your personal belongings and cleaning of all linens, surfaces and floors to the same condition as upon your arrival. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property.
If a Homeowner claims that you have damaged the Property or any portion of the Property, and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items or property with equivalent items.
After being notified of the claim and given 72 hours to respond, Moblhom will charge the payment to the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Property to the applicable Homeowner or to Moblhom (if applicable). Both Renters and Homeowners agree to cooperate with and assist Moblhom in good faith, and to provide Moblhom with such information and take such actions as may be reasonably requested by Moblhom, in connection with any complaints or claims made by Homeowners.
If you are a Renter, upon Moblhom’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Homeowner, which process will be conducted by Moblhom or a third party selected by Moblhom, with respect to losses for which the Homeowner is requesting payment from Moblhom.
Property Terms and Conditions. As a Renter, you will comply with all applicable Property Rules, and laws, rules, regulations, and local ordinances. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Property is to be made by you prior to your use and will not be considered guaranteed until written confirmation has been provided to you. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s). You authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).
Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Properties. Unless otherwise indicated on the Website, we may establish and modify, in our sole discretion, the terms of such offers and suspend or end such offers at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Website or Service. Promotional codes are generally limited to one use per User. We may post additional terms of a promotion on the Website.
If you are a Homeowner, the following provisions apply to you:
Listings. If you wish to list a Property as a Homeowner, you may create a listing of that Property by answering a variety of questions about it and providing the Property Rules and pricing (“Listing”). Listings are made publicly available on our Website. You are responsible for all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
Compliance. SOME JURISDICTIONS REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS. YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING LOCAL LAWS AND REGULATIONS THAT APPLY TO YOUR PROPERTY AND ITS RENTAL, AND FOR COMPLYING WITH ALL SUCH LAWS AND REGULATIONS. You represent that any Listing you post and any subsequent Booking and use of a Property will not breach any agreements you have entered into with any third parties, such as lease or rental agreements. You further represent that any Listing you post and any subsequent Booking and use of a Property will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Moblhom assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PLEASE REVIEW LOCAL LAWS BEFORE LISTING A PROPERTY.
Insurance. Any agreement you enter into with a Renter is between you and the Renter and we are not a party thereto. Accordingly, we recommend you obtain appropriate insurance for your Property. Please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters on your Property and any injuries to such Renters. You may require that Renters name your property on their homeowner's policy or purchase a supplemental renter's insurance policy. If you do elect to use that option, your claims will go through the respective insurance company and not through Moblhom. WE DISCLAIM ALL LIABILITY RESULTING FROM YOUR FAILURE TO PROPERLY INSURE YOUR PROPERTIES.
Availabilty. You can set your own schedule of availability for your Property. You can accept or reject prospective bookings through the Service or in other communications with us. However, once a Renter makes a Booking request, you may not request the Renter to pay a higher price than in the Booking request on the Website. Once you accept a Booking, you agree to fulfill that commitment to us and to the Renter and you may not charge any User additional or supplemental fees for the Booking (other than required taxes). We may make tools available to you to help you to make informed decisions about which Renters you choose to confirm for booking for your Property, but you acknowledge and agree that, as a Homeowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding the Renter and his or her invited guests.
Relationship with Homeowners. Nothing in these Terms is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Moblhom and Homeowners. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Moblhom, that is inconsistent with your being an independent contractor (and not an employee) of Moblhom. You are not the agent of Moblhom and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Moblhom. Without limiting the generality of the foregoing:
You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to you under these Terms, and you agree to do so in a timely manner. If applicable, Moblhom will report the payments paid to you under these Terms by filing Form 1099-MISC with the Internal Revenue Service as required by law. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
Registering Your Account. In order to access certain features of the Service you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
Access Through a SNS. We may enable you to link your Account with a valid account on a social networking service (“SNS” and each such account, a “Third-Party Account”) by allowing Moblhom to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Moblhom access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Moblhom to pay any fees or making Moblhom subject to any usage limitations imposed by such third-party service providers. By granting Moblhom access to any Third-Party Accounts, you understand that Moblhom may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Service via your Account. Unless otherwise specified in the Terms, all SNS Content will be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or Moblhom’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time through the SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND MOBLHOM DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Moblhom makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Moblhom is not responsible for any SNS Content.
Registration Data. In registering for the Service, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. You may not share your Account or password with anyone, and you shall notify Moblhom immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Moblhom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Moblhom has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account per platform or SNS at any given time. Moblhom reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Moblhom, or if you have been previously banned from the Service.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Moblhom Website, including but not limited to, a mobile device that is suitable to connect with and use the Moblhom mobile application, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
FEES AND PURCHASE TERMS
There are no fees for browsing or using our Website.
Bookings. If you make a Booking, you agree to pay any and all fees or charges associated with such Booking. We may charge a fee for the service we provide when you make a Booking through the Service. In accordance with these Terms, you also authorize Moblhom to charge your credit card in the event of damage caused at a Property.
Payment. We use a third-party payment provider to process payments (“Payment Provider”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to Moblhom hereunder (including any damage you cause at or to a Property), and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Website or by e-mail to you.
Payment processing services for Homeowners are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreement”). By agreeing to these terms, or continuing to operate as a Homeowner, you agree to be bound by the Stripe Service Agreement, as the same may be modified by Stripe from time to time. As a condition of Moblhom enabling payment processing services through Stripe, you agree to provide Moblhom accurate and complete information about you and your business, and you authorize Moblhom to share it and transaction information related to your use of the payment processing services provided by Stripe. Moblhom reserves the right to change Payment Providers at any time.
Homeowners. In the event of Booking, we may act as the Homeowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Homeowner.
Disputes. You must notify us in writing within 7 days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes must be notified to either support@Moblhom.com or the following address: Moblhom, Inc., 112 Commercial Dr., Unit B, Bozeman, MT 59715.
BOOKING CANCELLATION POLICY
Cancellations made less than 15 days before the booking begins will receive no refund of the monthly rent and a full refund of the last month (deposit) minus any transaction fees.
Cancellations made between 15-30 days before the booking begins will receive a 50% refund of the monthly rent and a full refund of the last month (deposit) minus any transaction fees.
Cancellations made more than 30 days before the booking begins will receive a 75% refund of the monthly rent and full refund of the last month (deposit) minus any transaction fees.
Cancellation policies may be superseded by extenuating circumstances or cancellations by Moblhom for any other reason permitted under the Terms.
USE OF THE SERVICE AND MOBLHOM INTELLECTUAL PROPERTY
Updates. You understand that the Moblhom Properties are evolving, and Moblhom is under no obligation to notify you about any updates to the Moblhom Properties. As a result, Moblhom may require you to accept updates to the Moblhom Properties that you have installed on your computer or mobile device. You may need to update third-party software from time to time in order to use the Moblhom Properties.
Third-Party Materials. As a part of the Service, you may have access to materials that are hosted by another party. You agree that it is impossible for Moblhom to monitor such materials and that you access these materials at your own risk.
RESPONSIBILITY FOR CONTENT
Types of Content. You acknowledge that all Content, including the Moblhom Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Moblhom, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Your Content”), and other Users of the Moblhom Properties, and not Moblhom, are similarly responsible for all Content they make available through the Moblhom Properties (“User Content”).
No Obligation to Pre-Screen Content. Moblhom has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Moblhom reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation, chat, text, or voice communications. If Moblhom pre-screens, refuses or removes any Content, you acknowledge that Moblhom will do so for Moblhom’s benefit, not yours. Without limiting the foregoing, Moblhom has the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by Moblhom in writing elsewhere, Moblhom has no obligation to store any of Your Content that you make available on the Moblhom Materials. Moblhom has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Moblhom Properties. You agree that Moblhom retains the right to create reasonable limits on Moblhom’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Service and as otherwise determined by Moblhom in its sole discretion.
Moblhom respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Moblhom may, but is not obligated to disable, suspend and terminate the accounts of Users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Moblhom Designated Agent at email@example.com with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
A description of where the material you claim is infringing is located on the Website
Your name, address, telephone number, email address
A statement claiming that you have a good faith belief that the disputed use has not been authorized
A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
Remove or disable access to the infringing material;
Notify the content provider that we have removed or disabled access to the material; and
Terminate such content provider’s access to the Website if he or she is a repeat offender.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which the Moblhom is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Moblhom may send a copy of the counter-notice to the original complaining party informing that person that Moblhom may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Moblhom’s discretion.
OWNERSHIP OF INTELLECTUAL PROPERTY
Moblhom Properties. Except with respect to Your Content and User Content, you agree that Moblhom and its suppliers own all rights, title and interest in the Moblhom Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Moblhom Properties.
Trademarks. The “Moblhom” brand and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of Moblhom and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Website.
Your Content. Moblhom does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant Moblhom a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Website, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Moblhom, are responsible for all of Your Content that you make available on or in the Website.
Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website, you expressly permit Moblhom to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Moblhom.
Your Profile. You shall not include any nudity, violence, sexually explicit, or offensive subject matter in any Content that you make available on or in the Website. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback You agree that submission of any ideas, suggestions, documents, and/or proposals to Moblhom through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Moblhom has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent that you have all rights necessary to submit the Feedback. You grant to Moblhom a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website.
Commercial Activities. You shall not, under any circumstances (except to the extent expressly authorized by the Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Moblhom Properties (including your Account), or access to or use of the Moblhom Properties; or (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Unauthorized Use or Access. You shall not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by the Terms;
Systematically retrieve data or other content from the Moblhom Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
Use, display, mirror or frame the Moblhom Properties, or any individual element within the Moblhom Properties, Moblhom’s name, any Moblhom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Moblhom’s express written consent;
Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Moblhom Properties or that is in transit from or to the Moblhom Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Moblhom Properties;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Moblhom Properties, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the Moblhom Properties, or take any action that imposes or may impose (in Moblhom’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Moblhom Properties;
Bypass any robot exclusion headers or other measures Moblhom takes to restrict access to the Moblhom Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the Moblhom Properties, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Moblhom Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Moblhom Properties; or (ii) any connection using programs, tools or software not expressly approved by Moblhom;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Moblhom Properties, or to obtain any information from the Moblhom Properties;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Moblhom Properties;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Solicit or attempt to solicit personal information from other Users of the Service;
Use the Service to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Moblhom Properties to send altered, deceptive or false source-identifying information; or
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
License, sell, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Moblhom Properties or any portion of the Moblhom Properties, including the Website;
Access the Moblhom Properties in order to build a similar or competitive website, application or service;
Remove or destroy any copyright notices or other proprietary markings contained on or in the Moblhom Properties.
Any future release, update or other addition to the Moblhom Properties shall be subject to the Terms. Moblhom, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Moblhom Properties terminates the licenses granted by Moblhom pursuant to the Terms.
General. In connection with your use of the Moblhom Properties, you shall not:
Make available any Content that (a) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (d) is violent or threatening, or promotes violence or actions that are threatening to any other person; (e) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or (f) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, Moblhom personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass any other User of our Service; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Investigations. Moblhom may, but is not obligated to, monitor or review the Website and Content at any time. Without limiting the foregoing, Moblhom shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Moblhom does not generally monitor user activity occurring in connection with the Website or Content, if Moblhom becomes aware of any possible violations by you of any provision of the Terms, Moblhom reserves the right to investigate such violations, and Moblhom may, at its sole discretion, immediately terminate your license to use the Website, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS
User Responsibility. You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Service. However, Moblhom reserves the right, but has no obligation, to intercede in such disputes. You agree that Moblhom will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users. The Moblhom Properties may contain User Content provided by other Users. Moblhom is not responsible for and does not control User Content. Moblhom has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
The Website may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Moblhom. Moblhom is not responsible for any Third-Party Websites & Ads. Moblhom provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify Moblhom, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, partners and licensors (collectively, the “Moblhom Parties”) against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Moblhom Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or Booking of a Property; and (g) the use, condition or rental of a Property by you, whether as a Renter or Homeowner, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property. Moblhom reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Moblhom in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Website.
DISCLAIMER OF WARRANTIES
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE MOBLHOM PROPERTIES IS AT YOUR SOLE RISK, AND THE MOBLHOM PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MOBLHOM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MOBLHOM MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE MOBLHOM PROPERTIES OR ANY PROPERTY ACCESSED A RESULT OF YOUR USE OF THE MOBLHOM PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE MOBLHOM PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOBLHOM PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE MOBLHOM PROPERTIES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE MOBLHOM PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE MOBLHOM PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. MOBLHOM MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY, EFFECTIVENESS, AND REPUTATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBLHOM OR THROUGH THE MOBLHOM PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, MOBLHOM MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MOBLHOM’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties. You agree that Moblhom is not liable, and you agree not to seek to hold Moblhom liable, for the conduct of third parties, including Renters, Homeowners, and operators of external sites, and that the risk of injury from such third parties rests entirely with you.
No Liability for Conduct of Other Users. You are solely responsible for all of your communications and interactions with other Users of the Website. You understand that Moblhom does not make any attempt to verify the statements of Users, whether Renters or Homeowners. Moblhom makes no representations or warranties as to the conduct of Users of the Moblhom Properties or their compatibility with any current or future users of the Moblhom Properties. Please take reasonable precautions in all communications and interactions with other Users of the Service, particularly if you decide to meet offline or in person. You acknowledge and agree that Moblhom does not conduct background checks on any User.
LIMITATION OF LIABILITY
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE MOBLHOM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MOBLHOM PROPERTIES OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE MOBLHOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MOBLHOM PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE MOBLHOM PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE MOBLHOM PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOBLHOM PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE MOBLHOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE MOBLHOM PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY MOBLHOM FROM YOU OR PAID BY MOBLHOM TO YOU IN THE THREE MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID MOBLHOM ANY AMOUNTS IN SUCH PERIOD, MOBLHOM’S SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED TO $50.00.
User Content. MOBLHOM PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBLHOM AND YOU.
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERM AND TERMINATION
Term. These Terms commence on the date when you accept them (i.e., when you register as a User) and remain in full force and effect while you use the Moblhom Properties, unless terminated earlier in accordance with the Terms.
Prior Use. Notwithstanding the foregoing, if you used the Moblhom Properties prior to the date you accepted the Terms, you acknowledge and agree that the Terms commenced on the date you first used the Moblhom Properties and will remain in full force and effect while you use the Moblhom Properties, unless earlier terminated in accordance with the Terms.
Termination of Service by Moblhom. Moblhom has the right to suspend or terminate any Service provided to you for any reason. You agree that all terminations for cause shall be made in Moblhom’s sole discretion and that Moblhom will not be liable to you or any third party for any termination of your Account.
Termination of Service by You. If you want to terminate the Service provided by Moblhom, you may do so by (a) notifying Moblhom in writing at any time and (b) closing your Account for all of the Service that you use. Your notice should be sent, in writing, to Moblhom's address set forth below.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Moblhom will not have any liability to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Violations. If Moblhom becomes aware of any possible violations by you of the Terms, Moblhom reserves the right to investigate such violations. If, as a result of the investigation, Moblhom believes that criminal activity has occurred, Moblhom reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Moblhom is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Moblhom Properties, including Your Content, in Moblhom’s possession in connection with your use of the Moblhom Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Moblhom, its Users or the public, and all enforcement or other government officials, as Moblhom in its sole discretion believes to be necessary or appropriate.
Breach of Terms. In the event that Moblhom determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Moblhom Properties, Moblhom reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Moblhom) that you have violated the Terms;
Delete any of Your Content provided by you or your agent(s) to the Moblhom Properties;
Discontinue your registration(s) with the any of the Moblhom Properties, including any Service or any Moblhom community;
Discontinue your subscription to any Service;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which Moblhom deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the Moblhom Properties, or any other Moblhom community is discontinued by Moblhom due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you shall not attempt to re-register with or access the Moblhom Properties or any Moblhom community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Moblhom Properties to which your access has been terminated.
International Users. The Moblhom Properties can be accessed from countries around the world and may contain references to Service and Content that are not available in your country. These references do not imply that Moblhom intends to announce such Service or Content in your country. The Moblhom Properties are controlled and offered by Moblhom from its facilities in the United States of America. Moblhom makes no representations that the Moblhom Properties are appropriate or available for use in other locations. Those who access or use the Moblhom Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
ARBITRATION PROVISION; CLASS WAIVER; WAIVER OF TRIAL BY JURY
Applicability of Arbitration Provision. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or Service provided by Moblhom that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Provision. This Arbitration Provision applies to you and Moblhom, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Moblhom should be sent to: support@Moblhom.com. After the Notice is received, you and Moblhom may attempt to resolve the claim or dispute informally. If you and Moblhom do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Venue. The sole venue for all arbitration is Bozeman, Montana, although if the parties so agree, arbitration may also be conducted by telephone, videoconference, or via written submissions.
Waiver of Jury Trial. THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by binding arbitration under this Arbitration Provision. If any litigation should arise between you and Moblhom in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MOBLHOM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION PROVISION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE.
Severability. If any part or parts of this Arbitration Provision are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Provision will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Provision.
Survival of Arbitration Provision. This Arbitration Provision will survive the termination of your relationship with Moblhom.
Small Claims Court. Notwithstanding the foregoing, either you or Moblhom may bring an individual action in small claims court. The sole venue for any action in small claims court will be Bozeman, Montana.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Provision.
Electronic Communications. For contractual purposes, you (1) consent to receive communications from Moblhom in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Moblhom provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Moblhom’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Moblhom will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, earthquakes, tornados, pandemics, epidemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Compliance. If you believe that Moblhom has not adhered to the Terms, please contact Moblhom by emailing us at support@Moblhom.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE MOBLHOM PROPERTIES, OR A BOOKING MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Montana, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Notice. Where Moblhom requires that you provide an e-mail address, you are responsible for providing Moblhom with your most current e-mail address. If the last e-mail address you provided to Moblhom is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Moblhom’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement. The Terms are the final, complete, integrated, and exclusive agreement of the parties with respect to the subject matter and supersede all prior discussions between the parties with respect to such subject matter.
Moblhom welcomes your questions or comments regarding the Terms:
112 Commercial Dr, Unit B
Bozeman, Montana 59715
Email Address: firstname.lastname@example.org