Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, SERVICES AND PRODUCTS OFFERED BY MOBILITYZONE LTD. AND/OR AFFILIATES ("MobilityZone"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS ("TERMS OF USE") FOR YOUR USE OF THE WEBSITE AT WWW.POGIGAMES.COM (THE "SITE") AND ANY AND ALL SERVICES AND PRODUCTS , OFFERED AND AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE PROVIDED BY MOBILITYZONE (COLLECTIVELY WITH THE SITE, THE "PogiGames ").

   1. Acceptance of Terms

By registering for and/or using the PogiGames in any manner, including but not limited to visiting or browsing the Site, you agree to and accept without modification all of the terms and conditions contained herein which also incorporate MobilityZone 's PRIVACY POLICY, as well as the specific rules for any games or activities in which you choose to participate, for updates, and all other operating rules, policies and procedures that may be published from time to time on the Site by MobilityZone, each of which is incorporated by reference. These Terms of Use apply to all users of the PogiGames.

Without limiting the foregoing, each of your PogiGames account(s) ("PogiGames account"), if applicable, and participation in any PogiGames Offerings are governed by these Terms of Use.

IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE POGIGAMES.

   2. Modification

MobilityZone reserves the right, at its sole discretion, to update, modify or replace any of the rules, terms or conditions of this Terms of Use at any time without notice to you. It is your responsibility to check this Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to this Terms of Use constitutes acceptance of those changes. If any change to this Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

   3. Registration and Eligibility

You may browse the Site and view it without registering, but as a condition to create a PogiGames account within any PogiGames, you are required to register to the PogiGames on the Site, and represent, warrant and covenant that you provide MobilityZone with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the PogiGames account) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use.

You shall not:

• provide any false personal information to MobilityZone or create any account for anyone other than yourself without such person's permission;

• use a User Name that is the name of another person with the intent to impersonate that person;

• use a User Name or the account that is subject to any rights of a person other than you without appropriate authorization; or

• Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

MobilityZone reserves the right to to limit the number of PogiGames accounts a user can establish and/or to refuse registration of, or may suspend or terminate your ability to use or access to the PogiGames accounts, and refuse any and all current or future use of or access to any or all PogiGames accounts, in its sole discretion. You are solely responsible and liable for activity that occurs on your PogiGames account and shall be responsible for maintaining the confidentiality of your password.

The PogiGames is not available to individuals who are younger than 13 years old. MobilityZone may, in its sole discretion, refuse to offer the PogiGames to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the PogiGames is revoked where these Terms of Use or use of the PogiGames is prohibited and, in such circumstances, you agree not to use or access the PogiGames in any way.

You agree to indemnify and hold MobilityZone and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your PogiGames accounts (s). This includes illegal or improper use by someone to whom you have given permission to use your PogiGames accounts (s) or whom you have negligently allowed to access your PogiGames accounts (s). MobilityZone reserves the right to terminate your PogiGames accounts (s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

   4. ELECTRONIC COMMUNICATIONS

When you access to the PogiGames, send e-mails or electronically chat with PogiGames and/or with MobilityZone, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices neither in the Site nor in the PogiGames. You agree that all agreements, notices, disclosures and other communications that PogiGames provides to you electronically satisfy any legal requirement that such communications be in writing.

   5. VIRTUAL CURRENCY

If you access one of our social games through a third party social networking site (each, a "Social Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual item") that can be used while playing such Social Game. You may be required to pay a fee to obtain virtual currency.

You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Social Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Social Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Social Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. Virtual currency that you purchase through individual transactions and that are not part of a recurring subscription must be used by you within one (1) year of the date of purchase. If you do not redeem your virtual currency by that point, so long as your PogiGames account(s) with respect to the applicable Social Game remains active and in good standing, you will be offered an opportunity to convert any unused virtual currency into one or more in-game or other options determined by PogiGames in its sole discretion. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in MobilityZone sole discretion, or if PogiGames discontinues any Social Game.

MobilityZone has no liability for hacking or loss of your virtual currency or virtual items. MobilityZone has no obligation to, and will not, reimburse you for any virtual items or virtual currency lost due to your violation of these Terms of Use. MobilityZone reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual currency and virtual items are subject to change without notice.

   6. SOCIAL NETWORK SITES

If you access our Social Games, you should be aware that Social Games are only available to individuals who have registered with the social networking site through which she/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If MobilityZone has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, MobilityZone may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

    7. Content

All Content in the Site and in the PogiGames, is the sole responsibility of the person who originated such Content. MobilityZone cannot guarantee the authenticity of any Content or data which users may provide. You acknowledge that all Content accessed by you using the PogiGames is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefore. For purposes of these Terms of Use, the term "Content" includes, without limitation; any reviews, forum posts and other content via any PogiGames, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within PogiGames. The PogiGames contains Content specifically provided by MobilityZone and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through PogiGames.

Content standards may vary depending on where you are within a PogiGames and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within PogiGames.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the PogiGames, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. MobilityZone does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any PogiGames. MobilityZone does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the PogiGames. You agree to indemnify MobilityZone and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the PogiGames.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your PogiGames account(s) being immediately terminated:

• Posting, transmitting, promoting, or distributing any content that is illegal

• Harassing or threatening any other user of PogiGames or any employee or contractor of MobilityZone

• Impersonating another person, indicating that you are a MobilityZone employee or a representative of MobilityZone (if you are not), or attempting to mislead users by indicating that you represent MobilityZone in any way

• Attempting to obtain a password, other account information, or other private information from any other user of PogiGames

• Uploading any software, files, photos, images or any other content to the PogiGames that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program

• Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any PogiGames

• Improperly using any game support functions or complaint buttons, or making false complaints or other reports to MobilityZone representatives.

• Posting or communicating any player's real-world personal information within PogiGames or by or through PogiGames or any related bulletin board.

• Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.

• Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses PogiGames, or using or launching any unauthorized script or other software.

• Using a false e-mail address or otherwise disguising the source of any content that you submit within PogiGames, or using tools which anonymize your internet protocol address.

• Interfering or circumventing any PogiGames security feature or any feature that restricts or enforces limitations on use of or access to PogiGames

• Attempting to sell any part of PogiGames, including, without limitation, any virtual currency (if applicable), PogiGames accounts and access to them in exchange for real currency or items of monetary or other value.

• Engaging in cheating or any other activity that MobilityZone deems to be in conflict with the spirit of PogiGames

Content added, created, uploaded, submitted, distributed, or posted to the PogiGames by users is collectively referred to as, "User Submissions."

   8. User Submissions

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any PogiGames, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any PogiGames (other than with respect to the information you provide to us in establishing your PogiGames account(s), if applicable). You acknowledge that personal information that you communicate publicly within any PogiGames may be seen and used by others and may result in unsolicited communications. MobilityZone is not liable for any information that you choose to submit or communicate to other users on or through any PogiGames, or for the actions of any other users in PogiGames.

You represent and warrant that you have all necessary rights in and to any materials that you post within any PogiGames, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify MobilityZone and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant MobilityZone permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through the PogiGames, you expressly grant MobilityZone the complete, worldwide, fully sub licensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

You may not use any portion of PogiGames to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any PogiGames, or otherwise exploit your participation on or through any PogiGames for any commercial purpose.

   9. Reviews

You may submit reviews of certain PogiGames. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use.

When you post a review, we will display your rating of PogiGames, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

   10. MOBILITYZONE SOFTWARE

We may require that you download certain software from MobilityZone or its licensors onto your computer ("MobilityZone Software"). MobilityZone grants to you a non-exclusive, non-transferable, revocable, limited license to use the MobilityZone Software to participate in the PogiGames. The MobilityZone Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the MobilityZone Software.

NEITHER MOBILITYZONE NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY MOBILITYZONE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE MOBILITYZONE SOFTWARE, RESIDES WITH YOU.

   11. Termination

MobilityZone and you each have the right to terminate or cancel any of your PogiGames account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your PogiGames account(s) and/or ceasing use of any and all PogiGames are your sole right and remedy with respect to any dispute with MobilityZone. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and MobilityZone, including, without limitation, the Privacy Policy, or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through PogiGames, or any change in or to such content, (c) your ability to access and/or use the PogiGames, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by MobilityZone on or through PogiGames.

MobilityZone reserves the right to collect fees, surcharges or costs incurred before you cancel your PogiGames account(s) or a particular subscription. In the event that your PogiGames account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before MobilityZone may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in MobilityZone sole discretion, or if MobilityZone discontinues any Social Game.

Without limiting the foregoing provisions, if you violate these Terms of Use, MobilityZone may issue you a warning regarding the violation, or, in MobilityZone sole discretion, immediately terminate any and all PogiGames account(s) that you have established with any PogiGames, with or without notice.

   12. Intellectual Property

The names and logos, and other graphics, logos, icons, and service names associated with PogiGames are trademarks, registered trademarks or trade dress of MobilityZone or its licensors or Affiliates. MobilityZone`s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of MobilityZone or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits MobilityZone, its Affiliates, or any PogiGames. The compilation of all content on the PogiGames is the exclusive property of MobilityZone or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the PogiGames unless we have expressly authorized you to do so in writing. All other trademarks not owned by MobilityZone or its Affiliates that appear on the PogiGames are the property of their respective owners, who may or may not be affiliated with or connected to MobilityZone. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the PogiGames, you agree to indemnify and hold harmless MobilityZone and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a PogiGames in a way that may constitute copyright infringement, you may provide notice of your claim to MobilityZone listed below.

   13. IMPORT TAXES AND FEES

When you buy physical goods (e.g. CD-ROM) through PogiGames for delivery outside the United States, you are considered an importer and, as between you and MobilityZone, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

   14. Warranty Disclaimer

Save to the extent required by law, MobilityZone has no special relationship with or fiduciary duty to you. You acknowledge that MobilityZone has no control over, and no duty to take any action regarding the Site and the PogiGames.

You release MobilityZone from all liability for you having acquired or not acquired PogiGames. PogiGames may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MobilityZone makes no representations concerning any Content contained in or accessed through PogiGames, and MobilityZone will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through or in PogiGames.

THE SITE, POGIGAMES, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

MOBILITYZONE DO NOT WARRANT THAT: (A) POGIGAMES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH POGIGAMES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING POGIGAMES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE SITE, POGIGAMES, AND CONTENT IS SOLELY AT YOUR OWN RISK.

   15. Indemnification

You shall defend, indemnify, and hold harmless MobilityZone, its affiliates, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, PogiGames, and Content, or otherwise from your User Submissions. violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of MobilityZone). MobilityZone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MobilityZone in asserting any available defenses.

   16. Limitation of Liability

ALL LIABILITY OF MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, THE POGIGAMES, CONTENT, AND USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL MOBILITYZONE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, POGIGAMES, CONTENT, AND USER SUBMISSIONS FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

• LOSS OF ACTUAL OR ANTICIPATED PROFITS;

• LOSS OF REVENUE;

• LOSS OF GOODWILL;

• LOSS OF DATA;

• LOSS OF ANTICIPATED SAVINGS;

• WASTED EXPENDITURE; OR

• COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);

• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY;

   17. Compliance with Applicable Laws

You hereby acknowledge that you are obligated to adhere with any and all applicable laws, including, without limitation, regarding Intellectual Property, Privacy and Spam or unsolicited e-mail communication, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. 7701) and the Digital Millennium Copyright Act of 1998.

   18. Governing Law

These Terms of Use shall be solely governed by and construed in accordance with the laws of the State of Israel. With no effect to its choice-of-law rules and the sole jurisdiction shall be vested in the competent courts of Tel-Aviv-Jaffa district in Israel. The provisions of this Section shall survive the expiration or termination of this Terms of Use, for whatever reason.

   19. Integration and Severability

These Terms of Use are the entire agreement between you and MobilityZone with respect to PogiGames and use of the Site, PogiGames, Content, and User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MobilityZone with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

   20. Miscellaneous

MobilityZone shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MobilityZone 's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you. MobilityZone may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in this Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given.

   21. Contact Us

If you have any kind of problem, you may contact us at::

Support@MobilityZone.Net

Info@MobilityZone.net