TERMS & CONDITIONS

This Agreement sets out the binding terms of your membership in the Service and may be modified periodically. Such modifications to be effective when posted on the website. OCMOBILE is a service owned by the Orange County and operated by Advanced Mobile Solutions Wordwide and refers to services marketed directly by OCMOBILE or any of its affiliate or subsidiaries.

 

THE SERVICE

 

Service and Content. OCMOBILE, through the Orange County site, permits you to purchase (the "Service") a non-exclusive, revocable, non-transferable, non-assignable, personal, limited license to receive text alerts or digital content to your mobile device. 

Compatibility

You are responsible for ensuring that your wireless is compatible with SMS text messaging or mobile WAP access. If you are unsure, we urge you to contact your wireless carrier regarding text capabilities of the service and the device.   You may be subject to standard SMS text message charges from your wireless carrier.  You should check with your carrier.  By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content on your mobile device.

 

System Requirements. Use of the Service requires a compatible computer, compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, You are responsible for ensuring the wireless phone/device is compatible. If you are unsure, you are urged to utilize the free test of your phone at the bottom of this page. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device. User should always test compatibility through the OCMOBILE website before joining.

 

Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

 

CONTENT USAGE RULES

You acknowledge that the Content may contain security technology that limits your usage of the Content to some or all of the following usage rules, and you agree to use the Content in compliance with such usage rules.

(a) Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.

(b) You may only use the Content for personal, noncommercial use.

(c) You may only use the content on one single Device.

(d) You may not export, burn or copy the Content unless expressly permitted by this Agreement.

(e) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or the Content.

(f) The delivery of Content to you does not transfer to you any commercial or promotional use rights in the Content.

(g) OCMOBILE cannot guarantee that you will not be exposed to content that you find objectionable and assumes no responsibility for the content included in your services.

 

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCMOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CONTENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OCMOBILE MAKES NO WARRANTY:

(1) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;

(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(3) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR

(4) REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM      OCMOBILE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

OCMOBILE ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.

OCMOBILE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM

(1) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;

(2) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;

(3) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR

(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OCMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OCMOBILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (d) OCMOBILE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.