Use of the Mobifusion Inc Websites is provided subject to the following terms and conditions (the "Agreement"). Your continued use of the Mobifusion Inc Websites evidences your agreement to them. If you do not agree to these terms and conditions, you may not use or further access the Mobifusion Inc Websites.

READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Intellectual Property and Use of Material On the Mobifusion Inc Websites

All text, graphics, and multimedia content available from the entry point URL http://www.mobifusion.com or http://www.PocketDirectory.com and pages within those domains (the "Websites") and all related code (including but not limited to html, other mark-up languages, and all scripts within the Websites) are the property of Mobifusion Inc . All information, artwork, text, video, animation, audio, and any other media (collectively, "Materials") contained on the Websites are protected by copyright and/or trademark laws. Except as provided below, you may not reproduce, record, publish, publicly exhibit, or distribute any Materials made available on the Websites without Mobifusion Inc 's express written consent. You may not modify or use the Materials or for any other purpose without Mobifusion Inc 's express written consent.

MOBIFUSION, MOBIFUSION.COM®, POCKETDIRECTORY.COM®, FINGERPOINT®, FINGERPOINT.COM®, URBAN ASTRONAUT® and the MOBIFUSION logo are registered trademarks and service marks of Mobifusion Inc . POCKET DIRECTORY and the POCKET DIRECTORY logo are trademarks and service marks of Mobifusion Inc . Use of these trademarks is prohibited and they may not be reproduced, republished, uploaded, posted, transmitted, modified, or distributed in any way. Nothing contained on the Websites should be construed as granting any license or right to use any trademark without Mobifusion Inc 's express written permission. All other trademarks, service marks, and logos used on the Websites are the trademarks, service marks, or logos of their respective owners.

The MOBIFUSION DATAVIEWER & related database products are protected by COPYRIGHT; TRADEMARK; PATENT PENDING and PATENT 6,757,673.

You may only access and use the Materials for personal purposes. You may not link from any other Web site to any pages on the Websites except the entry point URL http://www.mobifusion.com or http://www.PocketDirectory.com. You may print Materials on the Websites for personal purposes only, and you must include any copyright notice originally included with the Materials in all copies.

The Materials included on the Mobifusion Inc Website have been compiled from a variety of sources, and are subject to change without notice.

Disclaimer of Sites and Content Linked From the Websites

mobifusion.com and PocketDirectory.com are free information location tools. When accessing broadband or multimedia files on the Internet, you are accessing content over which Mobifusion Inc has no control. The content in those files is determined entirely by other parties who make those files available on the Internet and those other parties are solely responsible for such content. Mobifusion Inc has no control over that content and has NO responsibility or liability for such content. Rather, Mobifusion Inc is merely providing access to such content as a service to you. Mobifusion Inc expressly disclaims all warranties concerning the accuracy of such content. See "Dislaimer of Warranty" section below. Mobifusion Inc expects all who use the Internet to abide by all laws, including all copyright and other intellectual property laws.

It is the policy of Mobifusion Inc to respond expeditiously to claims of intellectual property infringement. Mobifusion Inc will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Mobifusion Inc will act expeditiously to remove or disable access to any infringing material, or material that is the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to such material or activity.

Mobifusion Inc has designated an Agent with the Copyright Office to receive notification of infringement claims. Notices of claimed infringement should be directed to Mobifusion Inc ’s Designated Agent:

Designated Agent to Receive Notification of Claimed Infringement:

Mr. Matthew P. Smith, Attorney at Law
Phillips, McCullough Wilson Hill & Fisko
Market Place Tower, Suite 1130
2025 First Avenue
Seattle, WA 98121-2100
Telephone : 206/448-1818
Fax : 206/448-3444
Email : msmith@phillipsfirm.com

Mobifusion Inc does not intend links on the Websites to be endorsements of the linked entities. They are provided for user convenience only.

Privacy Policy

As you navigate within the Websites, we may be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or e-mail address) or by collecting and tracking what parts of the site you have browsed, how you have used the site, and what parts of the site or the search system have proved useful to you. We may collect other information about you, such as your IP address, geographic information, the type of web browser and operating system you use, and any other information that your web browsing software or internet service provider provides to the Websites. We may also be collecting and tracking information about activities in the Websites on an aggregate (i.e., group) basis, where we will not know or keep track of precisely who you are, so that we may keep track of what users may be interested in, to help us in our marketing efforts.

We may use "cookies" to keep track of visitors to the site. A "cookie" is a small file stored on the hard drive of your personal computer. If your web browser allows, you may disable the placement of cookies on your hard drive. Disabling the placement of cookies may prevent you from accessing or using portions of the Websites. Portions of the Websites contain framed content of third parties or advertisers. These third parties or advertisers may also place cookies on your computer or otherwise collect and track information about you. Mobifusion Inc does not control the privacy practices of third parties or advertisers, and this privacy policy does not apply to such activities.

We may use information collected from or about you to deliver content specific to your interests, to save information about the pages that you view on the Websites, to tailor the site to be more useful to you, or to tell you about products or services that we feel may be of interest to you.

The Websites contains links to other sites. Mobifusion Inc is not responsible for the privacy practices or the content of such other web sites, even if prominent links to the sites are provided on the Websites. For the policies governing the information gathered from visitors to such websites we would urge you to contact the owners of such websites directly.

By visiting and using the Websites, you expressly consent to the collection and use by Mobifusion Inc of personally identifiable information as set forth herein.

We do not knowingly collect, use, or display personally identifiable information about children under the age of 13. The Mobifusion Inc Website is not targeted at children under the age of 13. As stated above, we may track, on an aggregate basis, information about the use of the Mobifusion Inc Website by all visitors, but such information is not collected or retained in connection with any personally identifiable information of children known to be under the age of 13. Children under the age of 13 are prohibited from providing their own personally identifiable information (including name, address, or email address) in any area on the Websites, including (but not limited) to any chat rooms, message boards, or other public forums.

If you do not wish to receive any communications from Mobifusion Inc , you have the right to "opt out" by not providing your email address. You may ask Mobifusion Inc to change or delete from its systems any personally identifiable information collected about you by sending an email to info@mobifusion.comasking for instructions.

Although Mobifusion Inc will use all reasonable efforts to safeguard the confidentiality of data collected from visitors to the Mobifusion Inc Website, transmissions made by means of the Internet cannot be guaranteed to be secure. Mobifusion Inc has no liability for disclosure of data due to errors in transmission, unauthorized acts of third parties, or failure of our safeguarding methods.

Disclaimer of Warranty

THE SERVICES, INFORMATION OR DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE WEBSITES ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. Mobifusion Inc EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, (BUT NOT LIMITATION), Mobifusion Inc DOES NOT WARRANT, REPRESENT OR GUARANTY THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE Mobifusion Inc SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mobifusion Inc SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND BUSINESS RESULTING FROM THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE WEBSITES. Mobifusion Inc SHALL HAVE NO LIABILITY FOR:

(1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;

(2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR

(3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION FURNISHED HEREUNDER.

Mobifusion Inc MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. Mobifusion Inc MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.

Mobifusion Inc MAKES NO WARRANTY OR REPRESENTATION OF NONINFRINGEMENT FOR ANY WEB PAGE, FILE, MATERIAL, OR MEDIA LINKED TO FROM WEBSITES OR CONTAINED ON THE WEBSITES.

Information Submitted To Mobifusion Inc

Any electronic mail, notes, message or billboard postings, ideas, suggestions, concepts or other material submitted (collectively, "Communication") will become the property of Mobifusion Inc throughout the universe, and Mobifusion Inc shall be entitled to use the Communication for any type of use forever including in any media whether now known or hereafter devised. Any Communication sent to Mobifusion Inc , by email or otherwise will be treated as nonconfidential and nonproprietary. When you submit a Communication to the Websites, you agree that Mobifusion Inc has the right to publish or use the Communication in any manner whatsoever in its sole discretion including for promotional and advertising purposes.

Notice to owners of Internet Servers and Content Providers included in
Mobifusion Inc

Mobifusion Inc reserves the right to limit and restrict the types of Internet servers it will list in the Websites, and Mobifusion Inc can include or remove a site at any time, for any reason, in its sole discretion.

You are solely responsible for the development and operation of your site and for all materials that appear on your site. For example, you will be solely responsible for: the accuracy and appropriateness of materials posted on your site; for ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that materials posted on your site are not obscene, libelous or otherwise illegal. Mobifusion Inc disclaims all liability for these matters, and you agree to indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation and contents of your site.

Limitation of Liability

Under no circumstances shall Mobifusion Inc be liable for any losses or damages whatsoever, whether in contract or otherwise, from the use of, or reliance on, the information provided by the Websites, or from the use of the Internet generally.

General Provisions

For purposes of this Agreement, Mobifusion Inc shall include Mobifusion Inc , and its divisions, subsidiaries, successors, parent companies, and their managers, directors, officers, owners, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely with such state and without giving effect to any principles of conflicts of laws. Any action you, any third party, or Mobifusion Inc brings to enforce this Agreement, or in connection with any matters related to the Websites, shall be brought only in either the state or Federal courts located in King County, Washington. You expressly consent to the jurisdiction and venue of said courts.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except by Mobifusion Inc .
Mobifusion Inc reserves the right to change or update the terms and conditions of this Agreement at any time. Any changes or updates will be effective immediately upon their posting to the Websites.