Preamble
By using this website, you, the website user, agree to the terms and conditions of use set out below. Mobiltex may, at its sole discretion, at any time, without notice, change its content or these terms and conditions, or modify or discontinue this website or specific portions of it. Re-using this website subsequently shall be deemed to be an agreement to any and all terms and conditions that are revised prior to its reuse.
If you do not agree to these terms and conditions, then you may not access or otherwise use this website.
Copyright notice
© Mobiltex Data Ltd. All rights reserved.
Mobiltex Data Ltd.
#36 – 56 Freeport Cres. NE
Calgary, Alberta
Canada T3J 0T7
Mobiltex Content
Mobiltex Data Ltd. maintains this website as a convenience to online users. The information located at www.Mobiltex.com and on other Mobiltex websites is believed to be accurate at the time of posting for online viewing. Mobiltex makes no commitment to update or correct any information that appears on its websites.
MOBILTEX ROI Calculator – End User License Agreement – Use of the Tool shall be construed to be User’s agreement to these terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT BY USING THE MOBILTEX ROI ESTIMATOR (“TOOL”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE ACCESSING THE TOOL ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING “GENERATE” IN STEP 3 OF 3 WITHIN THE ONLINE TOOL. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CLOSE THIS TOOL. MOBILTEX IS UNWILLING TO LICENSE THE TOOL TO YOU IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. AS USED HEREIN, “YOU” MEANS THE INDIVIDUAL ACCESSING THE TOOL AND HIS/HER EMPLOYER AND “MOBILTEX” MEANS MOBILTEX DATA LTD. CERTAIN TERMS USED HEREIN ARE DEFINED ABOVE AND BELOW.
General Disclaimer: The Tool is an interactive tool that uses the information that you supply to provide an estimate of your potential return on investment when purchasing MOBILTEX products. The results generated in the Tool are estimates and generic and should only be used as a guide to evaluate the potential return on investment. The actual economic results realized as a result of a MOBILTEX purchase will vary and there is no guarantee that you will actually realize the economic results forecast by the Tool. Any estimate generated by the Tool is not and should not be interpreted as either a promise of or contract for a given level of ROI or productivity gains. MOBILTEX does not and cannot guarantee the accuracy or reliability of the results generated by the Tool or that you will actually realize any cost savings as forecast by the Tool.
DISCLAIMER OF WARRANTIES. THE TOOL IS PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND. MOBILTEX DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MOBILTEX ASSUMES NO RESPONSIBILITY FOR CONSEQUENCES RESULTING FROM THE USE OF OR RELIANCE ON ANY ESTIMATES GENERATED BY THE TOOL OR THE SCENARIOS DESCRIBED IN THIS TOOL. MOBILTEX IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF THE USE, REFERENCE TO, RELIANCE ON OR PERFORMANCE OF SUCH INFORMATION. THE ENTIRE RISK AS TO THE USE, OUTPUT, ANALYSIS, RESULTS, QUALITY AND PERFORMANCE OF THE TOOL IS ASSUMED BY YOU. IF YOU RECEIVE ANY WARRANTIES REGARDING THE TOOL, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON MOBILTEX. MOBILTEX DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE TOOL. LIMITATION OF LIABILITY. IN NO EVENT SHALL MOBILTEX OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES AND AGENTS HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY, FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER MOBILTEX OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES AND AGENTS HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY CASE, MOBILTEX’S AND ITS OFFICERS’, EMPLOYEES’, DIRECTORS’, SUBSIDIARIES’, REPRESENTATIVES’, AFFILIATES’ AND AGENTS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE TOOL (IF ANY).
Third-Party Content
Mobiltex has no control over the content of third party websites. Links to third party websites are provided solely as a convenience and inclusion of such links does not imply any endorsement of the third parties, or of the information they provide, by Mobiltex. Mobiltex makes no representations or warranties, express or implied, and assumes no liability in connection with any use of this information. Providing links to third party sites does not imply that Mobiltex and the third party have any particular relationship with each other, or the legal authorization to use any trademark, trade name, logo or copyright of the other.
No right to Display, Reproduce or Distribute
No one may prepare derivative works based upon the material provided via this website, nor may such material be distributed, reproduced, downloaded, displayed, posted, modified, copied, republished, transmitted, sold or otherwise used without the written permission of Mobiltex.
Mobiltex reserves all rights not expressly granted herein. Mobiltex products, product names, and other website content are protected by copyright and other intellectual property laws and treaties. Mobiltex exclusively owns all rights thereto, including title, patent rights, copyrights, moral rights, rights in proprietary information, trademark rights, and other intellectual property rights.
Neither any permission to copy expressly granted in writing per the above, nor the presentation of information on this website grants the user any proprietary or other rights to Mobiltex’s intellectual property, including but not limited to its trademarks, copyrights, service marks, or patents. Nor is anything posted on this website intended to infringe patent rights or other intellectual property rights held by others.
Use requirements
When using Mobiltex websites, you agree not to:
- interfere with the operation of the website(s);
- disrupt other users’ use or enjoyment of the website; or
- attempt to use another’s account without authorization.
Disclaimer
Your use of this website is at your own risk. Although the information and recommendations (Information) at this website are presented in good faith and believed to be correct, Mobiltex offers no representations or warranties as to the completeness or accuracy of the Information.
Information is supplied upon the condition that the persons will make their own determination as to its suitability for their purposes prior to its use. Specifications for products are subject to change without notice. In no event will Mobiltex be responsible for damages of any kind whatsoever resulting from the use of or reliance upon Information or the product to which Information refers. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent, and Mobiltex makes no representation or warranty, express or implied, that the use thereof will not infringe any patent.
This website is provided on an “as is” / “where-is” basis, without any warranty. Mobiltex makes no representations or warranties in connection with the website, including but not limited to the quality, suitability, truth, accuracy or completeness of any material, information, product, or service contained on the website. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Mobiltex will not be liable to any website user or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the website, including but not limited to the use of this site or your inability to use the site, even if Mobiltex has previously been advised of the possibility of such damages.
Applicable Law and Jurisdiction
These Terms of Use are governed and will be interpreted and enforced in accordance with the laws of Alberta, Canada, without regard to conflicts of law principles that would apply the laws of another jurisdiction. Unless otherwise agreed, all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement shall, in the first instance, be arbitrated by a single arbitrator in accordance with the Alberta International Commercial Arbitration Act or, in the case of a marine or other dispute subject to federal law, the Commercial Arbitration Act (Can.), and afterwards, in case of continued dispute, before the Court of competent jurisdiction in Alberta. The arbitration shall be held in Calgary, Alberta. The language of the arbitration shall be English. The Parties hereby waive any and all defenses to such jurisdiction and venue.
Jurisdictional Issues
The existence of this website and the ability to request information or request or order products through the website is not an offer to sell or solicit or do business in those countries or jurisdictions in which Mobiltex is not permitted by law to do business or in which Mobiltex does not already conduct business. Neither the existence of this website nor the accessibility of content of this website is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between Mobiltex or an affiliate within any country or jurisdiction in which Mobiltex or an affiliate does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this website.
Comments and Questions
We welcome comments and questions regarding our Website Terms and Conditions. Any such Questions should be directed via e-mail to info[at]mobiltex[dot]com. Additionally you may make your request by writing to #36 – 56 Freeport Cres. NE, Calgary, Alberta, Canada T3J 0T7.
