PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 

The following terms and conditions govern your use of this website ("Website") of Mobius Management Systems, Inc. (hereinafter, "Mobius") and all information and materials provided on the Website.  By accessing or using the Website, you acknowledge and accept these terms and conditions without limitation or qualification.  Accordingly, please read these terms and conditions carefully.  These terms and conditions may be modified at any time, and any such modification shall be effective and binding upon you immediately upon posting.  You should review these terms and conditions each time you visit this Website to learn of any modifications made since your last visit.

Ownership

The Website is owned and operated by Mobius.  Unless otherwise noted, all information and materials provided on the Website, including without limitation, all text, articles, images, audio, video, graphics, data, compilations of data, listings, screens, web pages, documents, multimedia elements and software ("Content"), are the property of Mobius or its content suppliers, and are protected by U.S. and international copyright laws and other intellectual property laws.

The name and trademark MOBIUS, and Mobius's logo, and all other names and trademarks (whether or not registered) associated with Mobius and its products and services displayed on the Website ("Trademarks") are the exclusive property of Mobius, and are protected by U.S. and international trademark laws and other intellectual property laws.  All other trademarks that appear on the Website are the property of their respective owners and are used solely to refer to the goods and services of such owners.

Permissions

Mobius grants you a limited license to access and use this Website for your personal use.  Any software or updates made available for download are subject to the terms of any end-user license agreement that accompanies each such software installation among other appropriate restrictions.

Except as provided herein, you may not (or permit any third party to) otherwise copy, reproduce, reuse, republish, distribute, upload, post, transmit, display, modify, create a derivative work based on, reverse engineer or otherwise use for public or commercial purposes any Content without the express written permission of Mobius.  Further, you may not (or permit any third party to) use any Trademarks, including in any advertising or publicity pertaining to distribution of information and materials from the Website, without the express written permission of Mobius.

Other than the express permissions granted herein, nothing on this Website shall be construed as conferring any license of any intellectual property rights, whether by implication, estoppel or otherwise.

Disclaimer of Warranties

Given the unpredictability of technology and the online environment, Mobius does not represent or warrant that the function or operation of the Website or any software made available thereon will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available or software made available thereon will be free of viruses or other harmful elements.

While Mobius has attempted to offer current, correct and clearly expressed information and materials on the Website, Mobius does not represent or warrant that the information and materials accessible via the Website are accurate, complete or current.  Such information is subject to change without notice.

THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, ARE PROVIDED "AS IS," AND MOBIUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR CONTENT.  MOBIUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR RISK.  NEITHER MOBIUS NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, SPECIAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS INCLUDING, WITHOUT LIMITATION, THE CONTENT, CONTAINED THEREIN EVEN IF ADVISED OF THE POSSIBILITY THEREOF.  THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

User Submissions

While Mobius welcomes your feedback regarding the Website, Mobius is under no obligation to (i) respond to communications or submissions received through the Website, (ii) maintain such communications or submissions in confidence, or (iii) pay compensation of any kind for such communications or submissions.  Mobius does not wish to receive any confidential or proprietary suggestions, ideas, information or other materials via the Website or any electronic mail connection.  All unsolicited suggestions, ideas, information or other submissions that are disclosed or communicated to Mobius through the Website shall become and remain the exclusive property of Mobius.  Any submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission.

Copyright Policy

 

Mobius respects the intellectual property rights of others.  Accordingly, pursuant to these terms and conditions, users are not permitted to post, upload, or transmit any materials that infringe the copyright or other intellectual property rights of any third party.  All claims of copyright infringement based upon materials posted on the Website should be in writing directed to Mobius's designated agent for notification of claimed infringement:

Vice President of Marketing Services
Mobius Management Systems, Inc.
120 Old Post Road

Rye, NY 10580

tel.: 914-921-7200 

fax: 914-921-1360 

e-mail:  info@mobius.com

 

All claims of copyright infringement submitted in accordance with this policy should include the following information:

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

·       Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

·       A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

·       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Links

Please see the Mobius Website Linking Policy.

Privacy Policy

Please see the Mobius Website Privacy Policy.

Export Control Laws

You acknowledge that any software or technical information available or provided to you on the Website may be subject to applicable export control laws and/or regulations, and you agree to abide by any such laws and/or regulations.  Mobius does not authorize the downloading or exportation of any software or technical information from the Website to any jurisdiction prohibited by any applicable export control laws and/or regulations.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions.  Both you and Mobius hereby irrevocably consent to the jurisdiction of the state and federal courts located in New York.

Complete Agreement

These terms and conditions, and any modifications hereto, constitute the entire understanding relating to the use of the Website and prevail over any and all prior or contemporaneous, conflicting or additional, communications.

Inquiries

Thank you for visiting www.mobius.com.  Should you have any questions concerning any of our policies, we encourage you to contact us at info@mobius.com.