These Terms of Use apply to the content and functionality of the Mobile Media, and to the Mobile Media Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Mobile Media Services Agreement.

1. Information that you provide to us
You may give us information about yourself when you visit the Mobile Media. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Mobile Media and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. Mobile Card
As between you and Mobile Media, Mobile Media and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Mobile Card (collectively, “Mobile Card”). Mobile Card is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Mobile Card not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Mobile Media or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Mobile Media has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Mobile Media
Mobile Media grants you a limited, revocable, non-exclusive, non-transferable license to access the Mobile Media. This license does not include a right to use any of the content and information.nlluding product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications
Details of the products and services available for purchase in the Mobile Media (“Mobile Media Products”) are set out in the Mobile Media. All features, content, specifications, products and prices of products and services described or depicted in this Mobile Media are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Mobile Media due to the limitations of the systems that you use to access the Mobile Media. The inclusion of any products or services in the Mobile Media at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Mobile Media. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

6. Your account
We may require that you create an account to access the Mobile Media.nlluding to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity.nlluding any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and returns
This Section 7 applies to Mobile Media Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Mobile Media. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Mobile Media is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Mobile Media Product will be delivered FCA delivery location (as such location is designated on the applicable order).

Unless otherwise noted in the product description, Mobile Media Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Mobile Media will cover the cost of return shipping and will refund your purchase price in full.

The following paragraph only applies if you purchase an issue of or subscribe to Increment. By purchasing an issue of or subscribing to Increment, you authorize Mobile-Media.nl to provide information concerning your purchase to BiZZBoard, and you authorize BiZZBoard to act as your agent for purposes of importing the purchased goods on your behalf. You also agree that Amplifier may delegate the obligation to import the purchased goods on your behalf to a subcontractor (e.g., customs broker). You agree that you will pay the taxes and duties in addition to the purchase price of the goods.

8. Sanctions and export policy
You may not use the Mobile Media or purchase any Mobile Media Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government including those on sanctions lists identified by the Netherlands, Europe and United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that Mobile Media or any Mobile Media Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

9. No warranties
We provide Mobile Media, Mobile Card and Mobile Media Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Mobile Media or obtained by you from or through the Mobile Media – whether from Mobile Media or another entity, and whether oral or written – creates or implies any warranty from Mobile Media to you.

Mobile Media disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Mobile Media; (b) that the Mobile Media Products will meet your specific needs or requirements; (c) that the Mobile Media will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Mobile Media will correct any defects or errors in the Mobile Media; or (e) that the Mobile Media is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Mobile Media is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

10. Limitation of liability
Under no circumstances will Mobile Media be responsible or liable to you for any indirect, punitive.nlidental, special, consequential, or exemplary damages resulting from your use or inability to use the Mobile Media or for the unavailability of the Mobile Media, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Mobile Media, even if such damages are foreseeable, and whether or not you or the Mobile Media has been advised of the possibility of such damages. Mobile Media is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Mobile Media or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Mobile Media further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Mobile Media inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Mobile Media; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Mobile Media; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Mobile Media in relation to the Mobile Media, Mobile Card, and Mobile Media Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Mobile Media during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based lincluding contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the Dutch or United States District Court for the Northern District of California), will be determined by arbitration in Rotterdam, Netherlands or San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the Netherlands, Europe and the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Rotterdam, Netherlands or San Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.

12. Applicable law
By using the Mobile Media, you agree that the laws of Rotterdam, Netherlands and the state of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Mobile Media.

13. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Mobile Media by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.

14. Our address
www.Mobile-Media.nl
Rotterdam, Netherlands

15. Payment Terms

Payment Terms are terms that apply to the use of Payment Methods. You can decide whether or not to use a Payment Method. However, if you use a Payment Method, you accept and agree to the terms applicable to that Payment Method, which will form part of your agreement with Mobile Media.

Payment Methods
Alipay
American Express
Amex
Apple Pay
Bancontact
giropay
Google Pay
iDEAL
Masterpass
SOFORT
Visa

The above list is not an exhaustive list of the Payment Methods offered by Mobile Media, and there are Payment Methods for which there are no separate Payment Terms.

Payment Method availability also varies by geography. Depending on your location, you may not be able to use one or more of the Payment Methods listed above (or that are otherwise offered by Mobile Media). The Payment Methods available to you are set out in your Mobile Media dashboard.

16. Amendments and changes
Payment Methods are sourced from various providers, and each provider controls the terms that apply to its Payment Method. As a consequence, the terms and Documentation applicable to a Payment Method are subject to change at any time, and it is your responsibility to periodically review the terms and Documentation in order to ensure that you are aware of, and comply with, the applicable requirements.

Mobile Media may add or remove Payment Methods at any time. If Mobile Media removes a Payment Method, Mobile Media will provide you with notice prior to the removal becoming effective for you, except where Mobile Media is required by a third party (such as the Payment Method provider) to cease offering the payment method.

17. Redirection to online banking pages
Some Payment Methods require the re-direction of the Customer to an online banking page (“Online Banking Payment Methods”). If you use an Online Banking Payment Method, you must ensure that the Customer is able to recognize that the re-direction has occurred via the display of the bank’s URL in the address line of the browser, and the Customer must be able to review the security certificate for the bank’s online banking page. In addition, you may not use any iframes (or any other method that integrates the online banking page within your site content) when including an Online Banking Payment Method in your payment process.

Cloud Terminal Terms

These Mobile Media Cloud Purchase Terms (“Purchase Terms”) apply to the purchase of the Mobile Media Products. These Purchase Terms do not apply to products or services that Mobile Media or its affiliates make available under different terms, such as our payment processing services.

The purchaser of the Mobile Media Products (“you”) is the entity indicated as the owner of the Mobile Media account at the time of the purchase (for example, by the purchase being submitted by a user logged into your Mobile Media account, or using your Mobile Media API key), and the seller of the Mobile Media Products is the Mobile Media entity that sells the applicable Mobile Media Products to you, as indicated on your proof of purchase (“Mobile Media”, “us”, or “we”).

By purchasing the Mobile Media Products, you agree to these Purchase Terms. Do not purchase or use any Mobile Media Products if you do not understand or agree to these Purchase Terms, or your company is prohibited from legally purchasing or using Mobile Media Products.

Please review these Purchase Terms each time you make a purchase. We may update or change these Purchase Terms at any time and without notice to you. The terms that apply to each purchase will be the Purchase Terms posted here at the time you place your order.

Section A. Mobile Media Products

1. Key Concepts
As used in these Purchase Terms, a “Mobile Media Cloud Product” is any hardware product, instrument or piece of equipment that you purchase from Mobile Media under these Purchase Terms, and includes physical Point of Sale (“POS”) devices, accessories, components, and spare parts, and Terminal Device Software (see Section A.18 below). The Mobile Media Products are intended to be used in conjunction with the Mobile Media Cloud Services (defined in the Mobile Media Cloud Services Terms available at https://mobile-media.nl (“Mobile Media Cloud Services Terms”)). We provide support to help resolve general issues relating to the Mobile Media Products. This support includes resources and documentation that we make available to you through the current versions of Mobile Media’s support pages, API documentation, and other pages on our website (collectively, “Documentation”).

2. Product Specifications
Mobile Media may make details of the Mobile Media Products available via means such as the Mobile Media and your Mobile Media Dashboard (“Dashboard”). Mobile Media Products features, specifications, and prices are subject to change at any time without notice. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of the Mobile Media Products in reality may differ from how it appears to you. By placing an order, you represent that the products you order will be used only in a lawful manner.

3. Hardware Availability
Mobile Media Products are manufactured by third parties and resold by Mobile Media. While Mobile Media uses reasonable efforts to maintain sufficient supply of the Mobile Media Products, inventory shortages at our manufacturers and distributors may affect our ability to fulfil an order. If there is a delay in manufacture or distribution of a certain Mobile Media Cloud Product that we believe will affect your order, we will use reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. Mobile Media is not obliged to accept any order, and we may cancel accepted orders at any time if we are unable to fulfil the order for any reason. If you submit an order, and we accept the order, you are bound by the order unless Mobile Media cancels the order. If we cancel your order, we will fully refund the purchase price to you.

4. Geographic Availability
We only sell the Mobile Media Products in a limited number of countries, and we may restrict or prevent the use of the Mobile Media Products in a country other than the country to which we shipped the product. You must not circumvent any geographical availability requirements that we apply to the Mobile Media Products. You must provide a valid shipping address within the country where you are requesting that we ship the Mobile Media Products. Our ability to ship or permit the use of Mobile Media Products is always subject to applicable Law (defined in Section A.10 below), which may restrict our ability to ship the Mobile Media Products to or within a country.

5. Prices
a. Prices for the Mobile Media Products will be listed at the time of your purchase and may vary by country. We may change pricing and availability at any time. If you do not submit immediate payment, Mobile Media may delay shipment of the Mobile Media Products until the full amount of your payment is received. The amounts you pay for the Mobile Media Products are in addition to the fees you pay for other business services that may be offered by Mobile Media and its affiliates (each, a “Mobile Media Service” or “Service”) that are provided to you under your agreements with Mobile Media.nlluding the Mobile Media Services Agreement (collectively, the “Mobile Media Agreements”).

b. Unless otherwise stated, the prices shown for the Mobile Media Products exclude taxes and shipping costs. We will add all taxes and shipping costs to the total amount of your purchase, and show you the final amount due before you complete your purchase. You are solely responsible for all taxes and shipping costs that apply to the Mobile Media Products that you purchase.

c.We may collect amounts you owe us under these Purchase Terms by deducting or setting-off those amounts from the balance on your Mobile Media account. If that balance is insufficient, we may debit the bank or other financial institution account that you designate in your Mobile Media account as your “Payout Account”, or deduct or set-off the amount owed to us from the balance of another Mobile Media account that we determine, acting reasonably, is associated with your Mobile Media account. To the extent required by applicable Law, any debit from the Payout Account will be a Pre-Authorized Debit (PAD) as authorized under and defined in the applicable Mobile Media Services Agreement.

d. These Purchase Terms apply to any Mobile Media Products that we choose to provide to you at no cost, and your rights and obligations with respect to those Mobile Media Products do not change merely because you did not pay for the Mobile Media Products.

6. Taxes
You are responsible for and will pay, indemnify, and hold Mobile Media harmless from any sales, use, excise, import or export, withholding, value added, or similar tax (“Taxes”), and any penalties or interest associated with Taxes, imposed by any governmental authority with respect to any payment to be made or any Mobile Media Products to be delivered under these Purchase Terms. Mobile Media may charge, and you must pay, all Taxes that Mobile Media is legally obligated or allowed to collect based on sale of the Mobile Media Products, and all fees payable for the Mobile Media Products are exclusive of Taxes except to the extent Mobile Media expressly states to the contrary. You must provide us with any information we need to determine whether we are required to collect Taxes from you under any applicable Law. If you provide an exemption certificate or a direct payment certificate, we will not collect any Tax for which you can claim an available exemption. All payments made by you to Mobile Media under these Purchase Terms must be made free and clear of any withholding or deduction. If any Taxes are required under applicable Law to be withheld on any payment, you will pay additional amounts as necessary so that the net amount received by Mobile Media is equal to the amount then due and payable under these Purchase Terms.

7. Shipping and Returns
a. Shipping: We will only ship Mobile Media Products to addresses located in countries where we support Mobile Media Cloud (found on https://Mobile Media.com/docs/terminal/readers/placing-orders or as otherwise communicated to you by Mobile Media in writing). We will select the carrier that will ship Mobile Media Products. We will inform you of the shipping fees (if any) before you confirm your order. If we provide you with an estimated shipping or delivery date, that date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Also, many events beyond our control can affect the delivery of your Mobile Media Products after we provide them to the carrier. We are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery, even if you have paid an additional fee for expedited shipping. Despite any contrary terms in any invoice or purchase order, title and risk of loss for the Mobile Media Products passes to you when we deliver the Mobile Media Products to the address that you provide.

b. Returns: You may return any Mobile Media Cloud Product in its original packaging and condition (including all accessories and components) within 30 days after the date of your purchase. To begin the return process for a Mobile Media Cloud Product, please contact us at https://Mobile Media.com/contact. We will provide you with return shipping instructions. If you follow our instructions, we will cover the cost of return shipping and will refund your purchase price in full using the same method of payment you used to purchase the Mobile Media Cloud Product. We will not take title to any returned Mobile Media Cloud Product until the item arrives at the facility to which we instruct you to return the Mobile Media Cloud Product. Returns may be subject to a restocking fee. You will be the exporter and importer of record on all returns transactions and will be directly responsible for ensuring that your returns comply with all export and import regulations. Notwithstanding the terms of this section to the contrary, you agree that any duties and taxes that may be recoverable by you will not be charged or collected from Mobile Media. This clause does not limit any rights that you might have to seek a refund under applicable Law.

8. Limited Hardware Warranty
a. Mobile Media provides a one-year limited warranty against defective materials and faulty workmanship in a Mobile Media Cloud Product. The warranty period starts on the date of your original purchase of the Mobile Media Cloud Product from Mobile Media, and ends one year after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Mobile Media Cloud Product, we will at our option, to the extent permitted by applicable Law, either repair the Mobile Media Cloud Product, replace the Mobile Media Cloud Product, or refund to you all or part of the purchase price of the Mobile Media Cloud Product. This limited warranty applies only to unaltered hardware components of the Mobile Media Products that are used in accordance with these Purchase Terms and not subject to accident, misuse, or neglect.

b. This limited warranty gives you specific rights and is personal to you. You may not transfer this warranty to any other person. You may have additional rights under applicable Law, and this limited warranty does not affect those rights. To make a warranty claim, please contact us at https://Mobile Media.com/contact. We will provide you with information about how to return your Mobile Media Products and obtain a replacement Mobile Media Cloud Product.

9. End Users
You may only purchase the Mobile Media Products for your own use, or for resale or distribution as permitted by the Mobile Media Cloud Reseller Terms available at https://Mobile Media.com/terminal-reseller/legal (“Reseller Terms”). You may not otherwise resell, rent, lease or distribute Mobile Media Products, or allow a third party to use Mobile Media Products that you have purchased. We reserve the right to refuse to sell or ship the Mobile Media Products to any person we believe intends to use, resell, distribute or lease the Mobile Media Products in a manner prohibited by these Purchase Terms (which include the Reseller Terms). The foregoing limitations will not apply to the extent prohibited by applicable Law. Without limiting any of your other obligations under these Purchase Terms, if you obtain equipment, software or accessories branded by Verifone and shipped to you by or on behalf of Mobile Media to an address in the United Kingdom or European Economic Area, you must comply with the Verifone Minimum Terms available at https://Mobile Media.com/verifone/legal.

10. Use of Mobile Media Products
a.You must use Mobile Media Products in a manner that is consistent with the terms of the Mobile Media Agreements.

b. You must ensure that only competent trained employees (or persons under their supervision) are allowed to operate or use Mobile Media Products and that adequate security measures are put in place to safeguard Mobile Media Products and data collected by and held on Mobile Media Products.

c. You must only use Mobile Media Products for the purpose for which they are provided and in accordance with all relevant Documentation.

d. If you ship Mobile Media Products, you must package the products appropriately and sufficiently to avoid damage caused in transit as a result of insufficient packaging.

e. You must use Mobile Media Products in a lawful manner, and must obey all laws, rules, and regulations and other binding requirements or standards of any governmental authority (collectively “Law”) that apply to your use of Mobile Media Products. This may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising.

11. Restrictions
You must not, and must not enable or permit any third party to:

a. ship a Mobile Media Cloud Product outside of the country to which Mobile Media shipped that product, except that you (or a third party) may ship a Mobile Media Cloud Product that was shipped to the European Economic Area or Switzerland to another country in the European Economic Area or Switzerland;

b. use a Mobile Media Cloud Product in any country other than the country to which Mobile Media shipped that product, except as otherwise expressly preapproved by Mobile Media in writing, except that you (or a third party) may use a Mobile Media Cloud Product that was shipped to the European Economic Area or Switzerland in another country in the European Economic Area or Switzerland but only if we support Mobile Media Cloud in that country (found on https://Mobile Media.com/docs/terminal/readers/placing-orders or as otherwise communicated to you by Mobile Media in writing);

c. where a Mobile Media Cloud Product is registered to a location, move the Mobile Media Cloud Product to a new location without registering the device to its new location and downloading the local device configuration;

d. represent, or use any technical measures in an attempt to represent, that the location of a Mobile Media Cloud Product is a location different from its actual physical location;

e. use a Mobile Media Cloud Product to enable any party (including you) to benefit from any activities Mobile Media has identified as a restricted business or activity as listed at https://Mobile Media.com/restricted-businesses. Restricted businesses include use of the Mobile Media Products in or for the benefit of a country, organization, entity, or person embargoed, blocked or on a sanctions list identified by any government, government body or supranational body; or

f. (i) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of a Mobile Media Cloud Product, Documentation, or our website except as expressly permitted by applicable Law; (ii) transfer any rights granted to you under these terms unless otherwise agreed between you and Mobile Media in writing; (iii) work around any of the technical limitations implemented in a Mobile Media Cloud Product or enable functionality that is disabled or prohibited; (iv) reverse engineer or attempt to reverse engineer a Mobile Media Cloud Product except as expressly permitted by applicable Law; (v) perform or attempt to perform any actions that would interfere with the normal operation of a Mobile Media Cloud Product or impact the use of the Mobile Media Products by other users; or (vi) impose an unreasonable or disproportionately large load on the Mobile Media Services.

12. Limitation on Use – Commercial Purposes Only
The Mobile Media Products may be used for commercial purposes only, and you must not use, or allow any other person to use, the Mobile Media Products for personal, family, or household use.

13. Unauthorized or Illegal Use
If we suspect or know that you are using or have used Mobile Media Products for unauthorized, fraudulent, or illegal purposes, or in a manner that exposes you, Mobile Media, or others to risks unacceptable to Mobile Media, we may limit or disable the functionality of your Mobile Media Products, until such time as you demonstrate to our reasonable satisfaction that our suspicion was unfounded, or you provide us with sufficient assurances that the unacceptable use has been appropriately mitigated and will not recur.

14. Export
The Mobile Media Products may be subject to foreign export control Law and must be purchased, exported, transferred, and used in compliance with all applicable export Law. Mobile Media does not claim and does not guarantee that the Mobile Media Products shipped to an address in any given country will be appropriate or available for use in any other country or comply with applicable Law governing export, import, or foreign use. You must comply with all international and national export controls Law, and the end user, end use and destination restrictions imposed by any country, that apply to the Mobile Media Products you purchase or receive from Mobile Media under these Purchase Terms.

15. Installation, Updates, and Maintenance; Use with Third-Party Products
You are responsible for installing, integrating and maintaining the Mobile Media Products, which includes updating the Terminal Device Software as may be required by Mobile Media or the original equipment manufacturer (OEM) from time to time under the Terminal Device EULA (defined in Section A.18 below). Mobile Media will not be obligated to provide services or support for any Mobile Media Cloud Product that contains an outdated version of the Terminal Device Software.

Use of the Mobile Media Products in conjunction with any other products, such as hardware accessories, may lead to incompatibilities which cause the Mobile Media Products to not function correctly. As a consequence, all such use is at your own risk.

16. Ownership and Rights
These Purchase Terms do not grant any rights or licenses in the Mobile Media Products other than as expressly stated in these Purchase Terms and the Terminal Device EULA. As between you and Mobile Media, Mobile Media and its licensors exclusively own all rights, title and interest.nlluding all copyrights (including rights in derivative works), moral rights, rights of publicity, patents, trade secrets, trademarks, service marks, logos and designs, trade secrets, and other intellectual property rights, in and to the Mobile Media Products. All rights not expressly granted are reserved by Mobile Media. Any use of Mobile Media’s trademarks must be in accordance with the Mobile Media Marks Usage Agreement available at https://Mobile Media.com/marks/legal.

17. Feedback
You may choose or we may invite you to submit comments or ideas about improving the Mobile Media Products. If you submit comments or ideas to us, you agree that your submission is voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the comments and ideas under law, contract or otherwise. You also agree that Mobile Media has no fiduciary or any other obligation to you in connection with any comments and ideas you submit to us, and that we are free to use your comments and ideas without any attribution or compensation to you.

18. Software License Terms
The Terminal Device Software is defined in and licensed under an end user Software License Agreement located at https://Mobile Media.com/terminal-device-eula/legal (“Terminal Device EULA”). You, and your use of Mobile Media Products, must comply with the Terminal Device EULA. Notwithstanding the Terminal Device EULA, in addition to the transfer rights you have under the Terminal Device EULA, you may disclose to third parties Terminal Device Software strictly in accordance with the Reseller Terms.

19. Free Recycling Program
As part of these Purchase Terms, we offer to provide a free recycling service for electronic equipment (any brand) that is returned at your cost (i.e., transported) to a designated Mobile Media collection point within your country. A certificate of disposal will be supplied by us. Where applicable Law dictates other services must be offered, we will adapt the service to be compliant. Where the offered service cannot be provided, we will communicate this to you. Please contact us at https://Mobile Media.com/contact to organize return by supplying the address where the units for disposal are stored (we will endeavor to identify an appropriate in-country collection point), the number of units, the type of units (desktop, laptop, tablet, mobile phone) and estimated total weight. Please note, we assume no responsibility or liability for loss, alteration, unauthorized disclosure of, unauthorized access to, or confidentiality of your data (including personal data or other information) on equipment sent for recycling. Before shipping, you must delete data (including personal data) on hard disk drives and any other storage devices in the electronic equipment for disposal. Where possible, you must remove and damage beyond use any removable media, such as hard disk drive modules. You must not include any hazardous materials. Once the electronic equipment has been shipped, we cannot return it or any data contained on that equipment. Participation in this program constitutes a relinquishment of all rights to and in the electronic equipment and other related materials sent to us.

Section B. General Terms
1. Disclaimer
The Mobile Media Products are provided as-is and with all faults. Except as expressly stated in these Purchase Terms (and for Mobile Media Products shipped by or on behalf of Mobile Media to Singapore, subject to section 55 of the Sale of Goods Act (Cap. 393) of Singapore), Mobile Media, its affiliates, and the respective employees, directors, agents, licensors and service providers of Mobile Media and each Mobile Media affiliate (each a “Mobile Media Party” and together the “Mobile Media Parties”) provide no express or implied warranties or conditions, and Mobile Media disclaims and excludes any implied terms, representations, warranties, and conditions with respect to the Mobile Media Products.nlluding warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, satisfactory quality and non-infringement, as well as any other implied warranties, such as warranties regarding data loss, availability, accuracy, functionality and lack of viruses. These disclaimers will apply except to the extent applicable Law does not permit them. Any warranties, guarantees, or conditions that cannot be disclaimed as a matter of law, but which may be limited in duration, last for one year from the date on which you receive a Mobile Media Cloud Product.

2. Limitation of Liability
a. Under no circumstances will any Mobile Media Party be responsible or liable whether in contract, tort (including negligence), under statute or otherwise to you for any indirect, punitive.nlidental, special, consequential, or exemplary damages resulting from your use or inability to use the Mobile Media Products or for the unavailability of the Mobile Media Products, for lost profits, personal injury to the extent allowed by applicable Law, or property damage, or for any other damages arising out of, in connection with, or relating to these Purchase Terms or your use of the Mobile Media Products, even if those damages are foreseeable, and whether or not you or the Mobile Media Parties have been advised of the possibility of those damages except as provided in Section B.2.b. The Mobile Media Parties are not liable whether in contract, tort (including negligence) under statute or otherwise, and further deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Mobile Media Products. The Mobile Media Parties are not liable, and further deny responsibility for all liability and damages to you or others whether in contract, tort (including negligence), under statute or otherwise caused by (i) your or your employees’, agents’, contractors’, end users’, and other personnel’s access or use of the Mobile Media Products inconsistent with the Documentation; (ii) any unauthorized access of servers, infrastructure, or data used in connection with the Mobile Media Products; (iii) interruptions to or cessation of the Mobile Media Products; (iv) any bugs, viruses, or other harmful code that may be transmitted to or through the Mobile Media Products; (v) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (vi) third-party content provided by you or your employees, agents, contractors, end users, and other personnel; or (vii) the defamatory, offensive, or illegal conduct of others. The foregoing limitations will not apply to the extent prohibited by applicable Law.

b. Except to the extent prohibited by applicable Law, you agree to limit any additional liability whether in contract, tort (including negligence), under statute or otherwise not disclaimed or denied by the Mobile Media Parties under these Purchase Terms to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount paid by you to Mobile Media for the Mobile Media Products.

c. Nothing in these Purchase Terms operates to exclude or limit liability for (i) death or bodily injury; or (ii) fraud or willful misconduct, to the extent that doing so would contravene applicable Law.

3. Disclosures and Notices; Electronic Signature Consent
Mobile Media can provide notices regarding the Mobile Media Products (“Notices”) to you through our website or through the Dashboard, or by mailing Notices to the email or physical addresses identified in your Mobile Media Account. Notices may include notifications about the Mobile Media Products or other information we are required to provide to you. Electronic delivery of a Notice will have the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you 24 hours after the time a Notice is either posted to our website or emailed to you.

4. No Agency
Nothing in these Purchase Terms serves to establish a partnership, joint venture, employment, or agency relationship between you and us. You will have no authority to enter into any agreement on Mobile Medias’ behalf or in Mobile Media’s name or otherwise bind Mobile Media to any agreement or obligation.

5. Force Majeure
Neither party will be liable for any nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay any amounts owed to Mobile Media under these Purchase Terms.

6. Your Liability For Third-Party Claims Against Us
a. Without limiting, and in addition to, any other obligation that you may owe under these Purchase Terms, you are at all times responsible for the acts and omissions of your employees, directors, contractors and agents, to the extent they are acting within the scope of their relationship with you.

b. You agree to defend each Mobile Media Party against any claim, suit, demand, loss, liability, damage, action, or proceeding (each a “Claim”) brought by a third party against a Mobile Media Party, and you agree to fully reimburse the Mobile Media Parties for any Claims that results from: (i) your breach of any provision of these Purchase Terms ; (ii) negligent or willful misconduct of you, your employees, contractors, or agents; or (iii) contractual or other relationships between you and any third party.nlluding your customers.

7. Representations and Warranties
By accepting these Purchase Terms, you represent and warrant that (a) you have the authority to execute and perform the obligations required by these Purchase Terms; (b) you will comply with all Law applicable to your business and use of the Mobile Media Products; (c) your employees, directors, contractors and agents will at all times act consistently with these Purchase Terms; and (d) you will not use the Mobile Media Products, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Mobile Media Products or the Mobile Media Cloud Services.

8. Governing Law; Intellectual Property Disputes
a. Governing Law: These Purchase terms will be governed by and construed in accordance with the laws of the region to which the Mobile Media Products were shipped by or on behalf of Mobile Media. The terms of the United Nations Convention on Contracts for the International Sale of Goods will not apply. Specifically, the following laws, notwithstanding any conflicts of law rules to the contrary, will apply for Mobile Media Products shipped to:

(i) the United States: the laws of the state of California;

(ii) Canada: the laws of the Province of British Columbia and federal Laws of Canada applicable in British Columbia;

(iii) the United Kingdom, Switzerland or the European Economic Area: the laws of Ireland;

(iv) Australia: the laws of Victoria;

(v) New Zealand: the laws of Auckland, New Zealand; and

(vi) Singapore: the laws of the Republic of Singapore.

b. Intellectual Property Disputes: In the event that there is a dispute, claim or controversy arising out of or relating principally related to either party’s intellectual property (an “IP Claim”), each party agrees to bring the IP Claim before the courts listed below (“Courts”) that are located in the country to which the Mobile Media Products were shipped by or on behalf of Mobile Media. The parties irrevocably consent to the exclusive jurisdiction and venue of the applicable Courts, and you and Mobile Media each agree not to commence or prosecute any IP Claim other than in the applicable Courts. You and Mobile Media each waive all defenses of lack of personal jurisdiction and forum non-conveniens. Specifically, the following courts are the applicable Courts for IP Claims as well as the enforcement of awards described in Section B.9.d below for Mobile Media Products shipped to:

(i) the United States: the United States District Court for the Northern District of California;

(ii) Canada: the Federal Court in Vancouver, British Columbia;

(iii) the United Kingdom, Switzerland or the European Economic Area: the courts of Ireland in a location in Dublin;

(iv) Australia: the courts located in Melbourne, Australia;

(v) New Zealand: the courts located in Auckland, New Zealand; and

(vi) Singapore: the courts located in the Republic of Singapore.

9. Dispute Resolution
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Purchase Terms, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Purchase Terms, but specifically excluding any IP Claim (which will be resolved in litigation in accordance with Section B.8 above), will be determined by arbitration and the arbitrator will apply the law as stated in Section B.8.a above:

(i) for Mobile Media Products shipped to the United States by or on behalf of Mobile Media, in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by these Purchase Terms. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that these Purchase Terms evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of these Purchase Terms.

(ii) for Mobile Media Products shipped to Canada by or on behalf of Mobile Media, in Vancouver, British Columbia, administered by the International Centre for Dispute Resolution under its International Arbitration Rules, as amended by these Purchase Terms. The number of arbitrators will be one. The arbitrator will have the authority to award any remedy or relief that a court could order or grant. The arbitrator will have no authority to decide claims on a class action or collective action basis.

(iii) for Mobile Media Products shipped to the United Kingdom, Switzerland or the European Economic Area by or on behalf of Mobile Media, in Dublin, Ireland administered by arbitration in accordance with the JAMS International Arbitration Rules as amended by these Purchase Terms. The tribunal will consist of a sole arbitrator. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Nothing in this section will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator will have the authority to award any remedy or relief that a court could order or grant. The arbitrator will have no authority to decide claims on a class action or collective action basis.

(iv) for Mobile Media Products shipped to Australia, in Melbourne, Australia administered by arbitration in accordance with the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration Rules as amended by these Purchase Terms. The seat of arbitration will be Melbourne, Australia. The tribunal will consist of one arbitrator. Judgment upon the award may be entered in any court of competent jurisdiction.

(v) for Mobile Media Products shipped to New Zealand, in Auckland, New Zealand administered by arbitration in accordance with the SIAC Rules as amended by these Purchase Terms. The tribunal will consist of one arbitrator. Judgment upon the award may be entered in any court of competent jurisdiction.

(vi) for Mobile Media Products shipped to Singapore, in Singapore administered by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force (“SIAC Rules”), which are deemed to be incorporated by reference into this subsection (vi), except to the extent they conflict with these Purchase Terms. The tribunal will consist of one arbitrator. Judgment upon the award may be entered in any court of competent jurisdiction. Nothing in this section will preclude either party to apply for urgent interlocutory relief from any court of competent jurisdiction. A person who is not a party to these Purchase Terms will have no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of these Purchase Terms.

Either party may commence arbitration by providing the other party and the applicable arbitration authority above (where required or allowed) a written demand for arbitration, setting forth the subject of the dispute and the relief requested. The language of the arbitration will be English.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Purchase Terms will affect the right of any party to serve process in any other manner permitted by applicable Law.

c. Class Waiver: To the fullest extent permitted by applicable Law, each of the parties agrees that any dispute arising out of or in connection with these Purchase Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Purchase Terms or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Purchase Terms, the appointed arbitrators may award monetary damages and any other remedies allowed by the applicable Law as determined under Section B.8.a above. In making a determination, the arbitrator will not have the authority to modify any term or provision of these Purchase Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by the applicable Courts as determined under Section B.8.b above. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Purchase Terms, the arbitrators will award to the prevailing party, if any, the costs and legal/attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Law. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration under these Purchase Terms, except as required by applicable Law or except if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of Section B.8 and the rules governing arbitration identified in Section B.8.a, the provisions of this Section B.8 will prevail. If any provision of these Purchase Terms to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by applicable Law and all the other provisions will remain valid and enforceable.

10. Assignment
You may not assign, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Purchase Terms or any rights or obligations under these Purchase Terms, without the prior written consent of Mobile Media. Any purported assignment, transfer, delegation, or disposal by you without Mobile Media’s prior written consent will be null and void. Mobile Media may assign any of its rights and obligations under these Purchase Terms without your prior written consent. These Purchase Terms will be binding upon and will inure to the benefit of you and Mobile Media and their respective successors and permitted assigns.

11. Entire Agreement
These Purchase Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Mobile Media for provision and use of the Mobile Media Products. Except where expressly stated otherwise in a writing executed between you and Mobile Media, these Purchase Terms will prevail over any conflicting policy or agreement for the provision or use of the Mobile Media Products. These Purchase Terms set forth your exclusive remedies with respect to the Mobile Media Products. If any provision or portion of these Purchase Terms is held to be invalid or unenforceable under applicable Law, then it will be reformed and interpreted to accomplish the objectives of that provision to the greatest extent possible, and all remaining provisions of these Purchase Terms will continue in full force and effect.

12. Cumulative Rights, Construction, Waiver
The rights and remedies of the parties under these Purchase Terms are cumulative, and either party may enforce any of its rights or remedies under these Purchase Terms, along with all other rights and remedies available to it under applicable Law or in equity. No provision of these Purchase Terms will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. To be enforceable, a waiver must be in writing and signed by the waiving party. The failure of a party to enforce any provision of these Purchase Terms will not constitute a waiver of that party’s rights to subsequently enforce the provision.

13. Survival
Provisions in these Purchase Terms which by their nature are intended to survive termination (including indemnification obligations and limitations of liability) will survive termination of these Purchase Terms.