Terms of Use

These Terms of Use constitute a legally binding agreement between you, the person accessing or using the Site and any person helping you access or use this Site (collectively, “you” or “your”), and Urbane Mobile, LLC and any of its parents, subsidiaries or affiliates (collectively “Company”) concerning your access, use and transactions on this website, urbanemobile.com  (the “Site”). You and Company are sometimes referred to herein each as a “Party” and collectively as the “Parties”.

Carefully read each and every term and condition of this Policy in its entirety.

By accessing OR using the Site, you are automatically accepting and agreeing to the most-recent version of this Agreement, as well as the most-recent version of the Site’s Privacy Policy, and your continuing access or use of the Site reaffirms your acceptance and agreement in each instance.

Company may supplement, amend, or otherwise modify this Agreement at any time without notice to you. Such supplements, amendments and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective date. It is your responsibility to carefully review this Agreement each time you access or use the Site.

Privacy Policy:

Company respects your privacy and the use and protection of your personal information. Company’s policies concerning the collection and use of your personal information in connection with the Site are set forth in the Site’s Privacy Policy. Carefully review the Site’s Privacy Policy each time you access or use the Site.

2. Proprietary Rights.

2.1. Site Ownership. The Site and all elements and derivatives thereof (including, without limitation, all information, content, source codes, object codes, designs, text, scripts, graphics, images, audio, and video), as well as all copyrights, trademarks, trade dress, patents, patentable subject matter, trade secrets, and confidential information of the foregoing, are owned or licensed by Company, or are permissibly used by Company. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms of Use. No rights or permissions granted to you under these Terms of Use are coupled with an interest.

2.2. Trademarks. The trademarks (including, without limitation, the trademarks, service marks, trade names, trade dress, and logos) found on the Site are owned or licensed by Company, or are permissibly used by Company. In no event shall you have or retain any rights, titles or interests in or to those trademarks. You are prohibited from making any use of those trademarks (including, without limitation, use as meta tags on other websites, and use in any manner likely to cause confusion, disparagement, or dilution of those trademarks).

2.3. Reservation of Rights. Nothing in these Terms of Use shall restrict or limit any of Company’s rights, titles, or interests in or to the Site or any elements or derivatives thereof.

3. Site Access and Use.

3.1. Limited License. Subject to these Terms of Use, Company grants you a limited, personal, freely revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site; to view the information and content found on the Site; and to use the features found on the Site as directed, provided that you are eligible to use such features. Your unauthorized use of the Site or any breach of these Terms of Use automatically terminates this license.

3.2. Unauthorized Conduct. You shall not engage in, encourage, or incite any of the following conduct in connection with the Site, regardless of whether you are aware or unaware of such conduct: (a) impersonate any person or entity; (b) use, download, copy, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, distribute, perform, display, or otherwise exploit the Site or any content found thereon in a manner contrary to these Terms of Use; (c) engage in activities which involve or concern decryption, security bypassing, computer, software or network hacking, data mining, harvesting of client or personal information, reverse engineering, copying, or the like; (d) gain or attempt to gain unauthorized access to computer systems, networks, information or materials through the Site; (e) use the Site or the Site’s features or servers in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Site’s features or servers, including, without limitation and by way of example only, sending mass unsolicited messages, “flooding” the Site’s features or servers with requests, or uploading software codes or programs (malicious or otherwise) to the Site; or (f) use the Site or the Site’s features in violation of any international, federal, state, or local law.

3.3. Access and Interference. The following practices are strictly prohibited: (a) the systematic retrieval of any information or content found on the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (b) the use of a software, code program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) used to monitor, copy, disrupt, interfere with, or impermissibly access, in whole or in part, the Site or any information or content found thereon; (c) “screen scraping”, “database scraping”, or any other practice or activity that serves to obtain data or other information about the Site, the Site’s users, Company, or Company’s affiliates; (d) framing or the use of framing techniques to enclose any information, content, copyrightable material, patentable material, trademark, trade dress or other properties of Company; (e) the use of meta tags or any other “hidden text” utilizing Company’s trademarks; (f) the use of any software, program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to bypass or circumvent any security measure which Company may utilize in connection with the Site or any information or content found thereon, or to impermissibly monitor, copy, disrupt, interfere with or access the Site or any information or content found thereon; and (g) any act that will overload, unreasonably disrupt, or unreasonably interfere with the infrastructure of the Site or the Site’s features or servers.

4. Mobile Applications.

Certain portions of the Site or its features may be configured for, and Company may offer the Site and/or its features through, mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). These Terms of Use shall apply with equal force and measure to your access and use of the Site through Mobile Media. If you access or use the Site through Mobile Media, then, subject to the Site’s Privacy Policy, you hereby acknowledge and agree that information about your use of the Site through a mobile device (e.g., iPhone, iPad) and/or a mobile device carrier (e.g., Verizon, AT&T) (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to Company; and that you accept responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any.

5. Term; Termination; Survival.

These Terms of Use shall remain in effect in perpetuity, unless earlier terminated by Company. Company may terminate your use of the Site at any time, for any or no reason, and without notice to you. Upon the termination of these Terms of Use, all rights granted to you under these Terms of Use shall automatically revert back to Company, and all representations, warranties, covenants, certifications, indemnifications, and promises made by you under these Terms of Use shall survive in perpetuity.

6. Site Discontinuation.

Company shall have the right in its sole discretion to discontinue the Site and any portions thereof as Company deems advisable and without notice to you. Company shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such discontinuation (including, without limitation and by way of example only, monetary damages, disruption in service, and loss of content).

7. Links to Other Sites.

The Site may contain links to third-party websites (each a “Linked Site”, and collectively the “Linked Sites”). The Linked Sites are not under the control of Company. The Site contains these links only as a convenience to you. Company is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Sites (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content).

Company cannot make any representations or warranties, and does not make any representations or warranties (express, implied, or otherwise), concerning the terms of use, privacy policies, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Sites; nor shall the fact that the Site links to a Linked Site constitute an affiliation with, association with, or endorsement of that Linked Site or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from that Linked Site. If you decide to access a Linked Site, then you do so at your own risk.

8. User Content.

Company welcomes your reviews, comments, feedback, suggestions, ideas and other communications, submissions, statements, or other content that you submit through or to the Site (“User Content”). User Content will be non-confidential and Company shall have no obligations to you, contractual or otherwise. Company does not control or endorse the content, messages or information found in User Content. You agree Company has no liability with regard to User Content. User Content must comply with the following terms and conditions:

8.1. Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are the exclusive owner of (or have all necessary licenses to) all rights, titles, and interests in and to the User Content (including, without limitation, all copyrights, trademarks, rights of publicity, and rights of privacy); (b) all statements contained in the User Content are and will be accurate, truthful, and complete; (c) the User Content does not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (d) the User Content does not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (e) nothing contained in the User Content is or will be, or contains or will contain links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading, or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (f) Company is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted under these Terms of Use with respect to the User Content; (g) the User Content does not violate any applicable local, state, national or international law; and (h) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights under these Terms of Use with respect to the User Content.

8.2. Grant of Rights. You hereby grant Company the non-exclusive, irrevocable, unencumbered, transferable, sub-licensable, royalty-free, fully paid, perpetual, and universe-wide license to host, store, reproduce, transmit, distribute, license, sublicense, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, and publicly display, as Company sees fit in connection with the Site and for marketing purposes in any manner, medium, or form, whether now known or hereinafter devised. You also hereby grant Company the non-exclusive, irrevocable, unencumbered, transferable, sub-licensable, royalty-free, fully paid, perpetual, and universe-wide license to use your name and likeness in connection with the any aforementioned licensed uses of the User Content as Company sees fit. You understand, acknowledge, and agree that Company has no obligation to make any use of the rights granted by you under said licenses or to provide any attribution to you if Company makes any use of such rights.

8.3. Ownership of Rights. You acknowledge and agree that Company is the exclusive owner of all rights, titles, and interests in and to any works (including, without limitation, original works, derivative works, and compilations) created by or at the direction of Company that make use of the User Content, or any portions thereof. You also understand, acknowledge, and agree that Company has no obligation to create or direct the creation of any such works.

8.4. Release of Claims. You hereby release Company and Company’s officers, directors, members, managers, owners, partners, contractors, agents, employees, affiliates, successors, assigns, transferees, trustees, and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damages, negligence, or any other legal theory arising from or in connection with the User Content or any elements or derivatives thereof. Further, you waive your right to, and in no event shall you seek to, enjoin the Site or any exercise of the rights or privileges granted or conveyed by you under these Terms of Use with respect to the User Content or any elements or derivatives thereof.

8.5. Warning; Disclaimer. Please note that your first name and the item(s) you purchased might become public information. In addition, there may be public forums available on the Site to post User Content. Company is not responsible for, and expressly disclaims any liability arising from or in connection with, the use or disclosure of any personal information that you voluntarily disclose in connection with your submission of any User Content to or through such public forums.

9. Disputes with Others / Release.

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release Company and hereby agree to indemnify Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10.Your Representations and Warranties.

You represent, warrant and covenant to Company that: (a) you have read these Terms of Use in their entirety; (b) you have the full right and authority to enter into and abide by the terms and conditions of these Terms of Use; (c) you understand and acknowledge that by accepting these Terms of Use you are giving up certain legal rights and remedies; (d) you voluntarily accept and agree to the terms and conditions of these Terms of Use; and (e) you will not violate any applicable international, federal, state, or local laws, which may concern the Site or any information or content found thereon.

11.Disclaimers / No Warranties.

You expressly understand and agree that:

11.1. Disclaimer About Certain Information or Content. Any opinions, advice, statements, offers, sales, coupons or other information or content found on the Site are those of their respective authors and not of Company, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information or content. Company does not guarantee, adopt or endorse the accuracy, completeness, reliability, or usefulness of any such information or content. Company is not responsible for the accuracy, completeness, reliability, or usefulness of any such information or content. Under no circumstances shall Company be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information or content.

11.2. Disclaimer About Products and Services. All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered through the Site are subject to change at any time and without notice to you. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that they will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through the Site. Company reserves the right, with or without prior notice to you, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any transactions through the Site; and (iv) refuse to provide you with any product or service.

12.Limitation of Liability.

You expressly understand and agree that in no event shall Company or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, affiliates, successors, trustees, assigns, transferees, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages including, without limitation, legal costs, attorney fees, lost profits, replacement costs, repair costs, goodwill, loss of use or data, or other intangible losses (even if they have been advised of the possibility of such damages), including without limitation damages caused by or arising from or in connection with or relating to: (a) your access, inability to access, use, or inability to use the Site; (b) the unauthorized access to or alteration of your information; (c) any statements, content or conduct of any third party on the Site; (d) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your computer(s), software program(s), software file(s), or Mobile Media; (e) any transmission, download, or infection of any software, program, process, device, application, or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your computer(s), software program(s), software file(s), or Mobile Media; or (f) the fact that you have relied on any information or content found on the Site. If you are dissatisfied with the Site or any information or content found thereon, then your sole and exclusive remedy is to discontinue your access and use of the Site. If you are dissatisfied with a product, then your sole remedy is the return policy in Section 14 below.

13. Indemnity.

You hereby agree to indemnify, release and hold harmless Company and Company’s officers, directors, members, managers, owners, partners, agents, employees, affiliates, successors, trustees, assigns, transferees and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable attorneys’ fees), whether grounded in contract, tort, statute, law or equity (including without limitation claims based upon negligence) incurred by such indemnitees, or asserted against such indemnitees by third parties, caused by or arising from or in connection with or relating to any breach of the representations, warranties, covenants, certifications, indemnifications, and/or promises made by you under these Terms of Use, your use of the Site, inability to use the Site, the materials the Site Contains, any Linked Sites, any alleged violation of the Terms of Use, any alleged violation of the rights of a third party (including without limitation infringement of intellectual property rights such as copyright and trademark), and any alleged violation of privacy.

14.Return Policy.

You can remove items from your shopping cart at any time before completing your purchase. If you are not happy with your purchase, please email us to explain why you are not happy with your case at support@urbanemobile.com within 10 days of your order being received.  Please note we offer replacements for exact same case with the same image. Once we have confirmed we can accept your return, we will issue you an authorization number and further instructions on shipping.  Each case is custom made for you so we can’t accept returns if 1) you decide you want a different image 2) you decide you want a different case.   Urbane Mobile does not offer free shipping on returns.   Cost of shipping for returns are paid for by the customer.

15.Choice of Law, Venue and Dispute Resolution.

The laws of the state of Texas, without application of conflict of law provisions, will apply to these Terms of Use, the Site’s Privacy Policy, and all disputes, controversies, and claims caused by or arising from or in connection with or relating to these Terms of Use, the Site’s Privacy Policy, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity).

All disputes, controversies, and claims caused by or arising from or in connection with or relating to these Terms of Use, the Site’s Privacy Policy, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) will be litigated exclusively in the federal or state courts of Dallas County, Texas. The Parties irrevocably consent to personal jurisdiction in Dallas County, Texas and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas. The Terms of Use is fully performable in Dallas County, Texas.

Any dispute, controversy or claim must be raised within one (1) year after the date it arose. Failure to provide the written documentation within this timeframe will render all such disputes, controversies and claims null and void.

You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Company.

16.Digital Millennium Copyright Act.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

You may notify us of alleged infringement of intellectual property rights by contacting our Designated Agent at:

Mail:  Urbane Mobile, 25 Highland Park Village, Ste 100 #342, Dallas, TX 75205

Email:  support@urbanemobile.com

Upon receipt of notice of claimed infringement, we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

17.Export Controls / Import Duties and Taxes/Shipping.

You agree to comply with all U.S. and foreign export laws. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a terrorist supporting country; and (ii) you are not listed on any United States list of prohibited parties.

Almost all shipments crossing international borders are subject to the assessment of duties and taxes imposed by the importing country’s government. You are responsible for the payment of all such duties and taxes.

Shipping times can be affected by Customs and delivery standards in the destination country,the estimated delivery date above is for reference only and shall not be regarded as a commitment. Urbane Mobile does not guarantee orders to delivery dates/times and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a need to check status of deliver in the destination country with local postal service, you will need to carry out the enquiry on your own and Urbane Mobile will not be responsible for any fees incurred.

18.General

18.1. No Relationship. In no event shall these Terms of Use, or the performance of a Party’s rights or obligations under these Terms of Use, create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between the Parties.

18.2. Excused Performance. Company will be excused for any failure to perform under these Terms of Use to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.

18.3. Assignment and Delegation. Company may freely assign and delegate its rights and obligations under these Terms of Use and without notice to you. You shall not assign or delegate any of your rights or obligations under these Terms of Use without Company’s prior written consent.

18.4. Headings. Headings are inserted in these Terms of Use for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms or conditions of these Terms of Use.

18.5. Severability. If any term or condition of these Terms of Use is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the original intent of these Terms of Use.

18.6. Entire Agreement. These Terms of Use, together with the Site’s Privacy Policy, constitutes the entire agreement and understanding between the Parties with respect to your access to and use of the Site, and supersedes any prior agreements and understandings between the Parties with respect to such subject matter. These Terms of Use, together with the Site’s Privacy Policy, shall inure to the benefit of and be binding upon the Parties.

19.Contact Us.

If you have a comment, question or request, or if you need to contact Company for any other reason, please email us at support@urbanemobile.com.

20.Effective Date.

The effective date of these Terms of Use is November 1, 2014.

PRIVACY POLICY

This Privacy Policy (this “Policy”) is intended to explain the privacy practices of Urbane Mobile, LLC and any of its parents, subsidiaries or affiliates (collectively, “Company”) with respect to this website, Urbanemobile.com (the “Site”), and provide you, the person accessing or using the Site and any person helping you access or use this Site (collectively, “you” or “your”), with an overview of the following:

1. The categories of information Company collects about you through the Site;

2. How Company collects such information;

3. How Company uses such information;

4. Who will have access to such information; and

5. Company’s security measures for protecting such information.

Carefully read each and every term and condition of this Policy in its entirety.

This Policy only applies to information collected through the Site.

By accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of both this Privacy Policy and the Site’s Terms of Use (which governs your access and use of the Site), and your continuing access or use of the Site reaffirms your acceptance and agreement in each instance.

1. Categories of Information Collected Through the Site.

Company may collect personal and non-personal information about you through the Site. The term “personal information” means information that would allow someone to contact you physically or online, including your name, physical address, telephone number or e-mail address. The term “non-personal information” means any information other than personal information that Company may collect from you. The categories of personal and non-personal information that Company collects from you through the Site may include your:

Name (first, last, and/or middle);

Address (street address, city, state, zip code, and country);

Telephone number;

Facsimile number;

E-mail address;

Feedback, comments or other submitted content;

Interaction with the Site (We may receive information about you when you interact with the Site. We may also receive information from the mobile phone, tablet, computer or other device that you use to access the Site. This information may include, but is not limited to, your domain and/or IP address, geo-location, device, browser type, telephone number, mobile carrier, operating system, language, access times and history, the referring or exiting website address, browser history, information relating to the content you access or visit, images or other content that you post, content that you download, communications on the Site with other users, posts in public forums, and information from cookies or other technology. We do not respond to “DO NOT TRACK” signals.); and/or

SNS (We may collect information from social networking systems “SNS” used in connection with the Site, such as name, gender, date of birth, geo-location, interests, when you “Like” or click links and other information available through your SNS page. It is your responsibility to read and accept the relevant terms of service and privacy policy associated with the particular SNS service).

2. A Special Note About Minors.

The Site is not designed or intended to attract children under thirteen (13) years of age. Company does not collect personal information through the Site from any person Company actually knows to be under thirteen (13) years of age. If Company obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then Company will permanently delete such personal information from its records. The foregoing is a description of Company’s voluntary practices concerning the collection of personal information through the Site from persons under thirteen (13) years of age, and is not intended to be an admission that Company is subject to the Children’s Online Privacy Protection Act or the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s).

3. How Information Is Collected Through the Site.

Company may collect personal and non-personal information from you automatically through interaction with the Site or whenever it asks you for such information, such as, for example, when you fill out a form or answer an online survey or questionnaire. You may also voluntarily integrate your social networking accounts, such as Facebook, and information will be collected from those integrated accounts.

In addition, if you or a third party send Company a comment, message or other communication (such as, by way of example only, e-mail, letter, fax, phone call, or voice message) about you or your activities on the Site, then Company may collect any personal or non-personal information provided therein or therewith.

We may also permit advertisers or other partners to collect information from the Site. We may also utilize third parties to analyze data collected from the Site. We may permit third parties to collect personally identifiable information over time and across different websites.

By accessing or using the Site, you acknowledge and agree in each instance that you are giving Company permission to monitor or otherwise track your activities on the Site, and that Company may use the aforementioned tracking, data aggregation, and data analysis technologies in any e-mails it sends you.

4. Use of Information Collected Through the Site.

Company may use your personal and non-personal information in a variety of ways, such as, for example, to:

Complete your purchase;

Provide you with information about Company, including new offerings and updates;

Enable you to share information and communicate with other users;

Provide customized content and services, such as advertising and promotional information, including targeted ads;

Operate, maintain, and provide to you the products, services, features and functionality of the Site;

Improve user experience, as well as the quality and design of the Site;

Create new features, functionality, products and services for the Site;

Communicate with you;

Provide customer support;

Perform research and analysis on use of the Site;

Manage your account;

Protect the security and integrity of the Site;

Enforce the Terms of Service and Privacy Policy;

Provide you with information about third-party businesses, products, and services;

Monitor the activities of you and others on the Site;

Protect Company’s rights and properties; and/or

Protect the rights and properties of others (which may include you).

Company reserves the right to use your personal and non-personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when Company believes in good faith that such use is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of Company, a user of the Site [which may include you], or anyone else who may be harmed by such activities).

5. Sharing of Information Collected Through the Site.

Except as provided in this Policy, we do not disclose or sell any non-public personal information about you to anyone except as permitted by law or when required by subpoena or other legal process; however, we may choose to disclose all of the information we collect, as described above, with Company’s affiliates, related programs or other trusted entities, organizations or persons for the purpose of processing personal information in connection with the Site’s objective and for marketing efforts. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

As we develop our business, we may buy or sell some or all of our assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets. Similarly, if Company should ever merge with or be acquired by another company, we may share your personal information with any entity resulting from such transaction and if Company should ever file for bankruptcy, the bankruptcy trustee has the right to sell the information you provide to us to a third party.

6. Disclaimer: Third Party Advertisements, Websites, and Platforms.

The Site and/or e-mail messages sent through or as a function of the Site may contain links to third-party websites and platforms. To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any liability which may arise from, such third party websites and platforms (including, without limitation, the privacy policies and practices of such third-party websites and platforms).

7. Third Party Advertisements.

Company may permit advertisements to be placed on the Site by various third party companies. These companies may set and use cookies, web beacons, pixels, or other technologies to collect your IP address, anonymous information about you, and may otherwise aggregate and analyze that data.

8. Security.

We use what we believe to be appropriate procedures to protect information against unauthorized access and disclosure, including Hypertext Transfer Protocol Secure (HTTPS) in connection with the Site’s shopping cart feature. However, information you elect to post on our Site, emails and other information you send to us are not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information.

You should be aware of the limitations of security and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We cannot ensure or warrant the ultimate security of any information you transmit.

Payment processing will be performed by third party vendors which have their own security policies that relate to the data it processes. For information about how third party vendors’ collect, maintain and use your payment information, please view that third party vendor’s Terms of Service and Privacy Policy.

To help maintain the security of your personal information, Company asks that you please notify it immediately of any unauthorized access or use of the Site, its features, or its content.

9. Your California Privacy Rights.

Under California Civil Code Section 1798.83, if you are a California resident and Company has an established business relationship with you, you have the right to request information from Company, free of charge, regarding the manner in which Company shares certain categories of your personal information with third parties (whether collected online or offline), for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Company at its designated address and receive the following information: 1) the categories of information Company disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; 2) the names and addresses of third parties that received such information; and 3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. For purposes of this paragraph:

1. “Company” means Company and the Site, and

2. “Third Party” means:

§ a business that is outside the Company family, and

§ affiliates of Company.

You will notice that the “third parties” listed in this notice may include Company affiliates. These affiliates are listed as “third parties” because, under Section 1798.83, any business that is a separate legal entity must be listed as a “third party.”

This same California law permits Company to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information.

Please submit these requests to any one of the following:

By mail: with a subject line of “California Privacy Rights”.

By e-mail: with a subject line of “California Privacy Rights”.

Each such request must be labeled “Your California Privacy Rights” on the e-mail or letter subject line. For each such request, please clearly state the nature of your request; that the request is related to “Your California Privacy Rights”; your name, street address, city, state, zip code, and e-mail address; and whether you prefer to receive a response to your request by e-mail or postal mail. Company will not accept any such requests via telephone or fax. Company is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.

Further, Company does not respond to “do not track” (DNT) signals.

Finally, as explained further above, Company does not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Policy. To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any liability which may arise from, such third parties’ unauthorized collection of your personal information.

10. Cookies/Tracking Technologies

We may use cookies, log files, clear gifs, web beacons or other technology. We may use these technologies in a variety of ways, including but not limited to:

  • providing custom, personalized content and information
  • remembering information so that you will not have to re-enter it during your visit or the next time you visit the Site
  • keeping count of return visits to our Site
  • accumulating and reporting anonymous, aggregate, statistical information on Site usage
  • determining which features users like best
  • assessing the popularity and effectiveness of the Site
  • determining whether and when an email was opened
  • improving our Site and creating new services

You can refuse cookies by turning them off in your browser. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.

11. Choice / Opt Out.

If you wish to opt out of receiving marketing emails, you can select the “unsubscribe” link in our email correspondence. Please note the information that you disclosed in public areas may remain after your account is deleted.

12. Modifications of this Policy.

Company may supplement, amend, or otherwise modify this Policy at any time without notice to you. Such supplements, amendments, and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective date. It is your responsibility to carefully review this Policy each time you access or use the Site.

Again, by accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of this Policy, as well as the most-recent version of the Site’s Terms of Use, and your continuing access or use of the Site reaffirms your acceptance and agreement in each instance.

13. Severability.

If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the original intent of this Policy.

14. Contact Us.

Please direct any questions or comments you may have about this Policy to support@urbanemobile.com.

15. Effective Date.

The effective date of this Policy is November 1, 2014.

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