LEGAL

MOBS RETAIL US, INC. PRIVACY POLICY

Effective January 1, 2017

This MOBS Retail US, Inc. (“MOBS”) Privacy Policy ("Privacy Policy") describes how we collect and use your information through a variety of digital means. By accessing or using this website, mobile application or other MOBS product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy. MOBS may modify this Privacy Policy at any time effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy is incorporated into, and is subject to, the MOBS Retail US, Inc. Terms of Use.

While this Privacy Policy is intended to generally describe our privacy practices, our goal is to also provide more detailed information at times when it's most meaningful to you. Please look for these notices within our MOBS services.

COLLECTING INFORMATION

WHAT YOU GIVE US

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.

WHAT WE COLLECT FROM YOU

We may automatically collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

WHAT WE COLLECT FROM OTHER MOBS INTERACTIONS AND THIRD PARTIES

We may combine information you give us with other information from MOBS sources, transactions and communications. This may include, but is not limited to, information from future MOBS stores, direct mail, catalogs, events, products and applications, or other MOBS interactions. We may also combine that information with data that is publicly available and data from third parties. In the future, we may also collect information about gift recipients provided by the giver.

CHILDREN'S PRIVACY

We do not knowingly collect or solicit personal information from children under 13.

USING INFORMATION

We may use your information to do the following:

ENABLE YOUR USE

  • Enhance, customize and personalize your MOBS experiences and communications
  • Use MOBS features, such as running routes, race registrations, placing an order and other activities

OPERATE, IMPROVE AND ANALYZE

  • Operate, provide, improve and maintain MOBS's products and services, including analyzing user behavior and trends
  • Send you administrative messages and other information about MOBS. Communicate with you about your purchase, account information or customer service

PROVIDE AND CONDUCT MARKETING AND PROMOTIONS

  • Communicate with you about our products, services and events, and for other promotional purposes
  • Administer contests, promotions, events, surveys or other features
  • Display relevant marketing to you

SHARING INFORMATION

MOBS Family: We may provide your information to MOBS, Inc. companies and affiliates, ("MOBS Family"), some of which may be outside the U.S.

SERVICE PROVIDERS

We may transfer your information to MOBS Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features (e.g. music download, race registration, or workout routine).

BY LAW OR TO PROTECT RIGHTS

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of MOBS products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

BUSINESS TRANSFERS

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of MOBS. If this should happen, notice will be provided by posting to the website or other form of communication.

SHARING

DEFAULT SHARING

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture.

SHARING YOU CHOOSE

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook and Twitter. Please read the privacy policies of those platforms, because your MOBS activity published on those platforms will no longer be governed by MOBS's Privacy Policy.

MOBS SHARING

Information that is publicly shared may be used by MOBS for promotional purposes.

PROTECTING INFORMATION

Security Measures: We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases (COALITION).

NO GUARANTEE

However, like other companies, MOBS cannot guarantee 100% the security or confidentiality of the information you provide to us.

COLLECTION TOOLS

HOW WE COLLECT INFORMATION

MOBS automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools").

TURNING OFF COLLECTION TOOLS

If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. However, you can still place product orders over the telephone by contacting our customer service number at 214-469-3276. Note that our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

THIRD PARTY TRACKING

We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your interaction with us, including advertising. These companies may not recognize or respond to DNT headers from web browsers. If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website, please click here. Note that if you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.

CHOICES

MODIFYING OR DELETING YOUR INFORMATION

You can modify or delete your profile within certain MOBS services, through your account. Your information previously posted may still be publicly viewable. MOBS may keep information and content in our backup files and archives.

COMMUNICATION/UNSUBSCRIBE/OPT-OUT

Regardless of the settings you select, MOBS may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any MOBS communications, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow MOBS to use and collect your personal information in accordance with this Privacy Policy.

TERMS OF USE

Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy as well as our Terms of Use. Please visit our Terms of Use, which explains other terms governing the use of our products and services.

MOBS RETAIL US, INC. TERMS OF USE

As of January 1, 2017

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other MOBS RETAIL US, INC. (“MOBS”) product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of MOBS. MOBS may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. MOBS is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content, as defined below) is owned by MOBS or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the MOBS name and the Star Design) are owned, registered and/or licensed by MOBS. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of MOBS; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase MOBS products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content, without MOBS prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders placed through the Platform are subject to MOBS acceptance. This means that MOBS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, MOBS will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your MOBS account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. MOBS is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by MOBS.

POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT

BE RESPONSIBLE

You are solely responsible for your User Generated Content, your interactions with other users, and your activity on the Platform. Do not take any action or post anything that may expose MOBS or its users to any harm or liability of any type.

BE RELEVANT AND CONSTRUCTIVE

Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about MOBS and MOBS products, or anything else off topic.

BE COURTEOUS AND APPROPRIATE

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in MOBS sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.

BE PRIVATE

Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

BE PERSONAL

The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

BE YOURSELF

Do not impersonate any person or entity, including without limitation athletes or MOBS employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one MOBS account, register a MOBS account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

BE ORIGINAL

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant MOBS all of the license rights granted in these Terms of Use.

BE LEGAL

Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

GENERAL RULES FOR USER GENERATED CONTENT

CONTENT IS NOT PRESCREENED

MOBS does not prescreen User Generated Content. MOBS does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. MOBS is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event MOBS chooses to monitor any User Generated Content, MOBS assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. MOBS reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

ELIGIBILITY AND REGISTRATION

To become a member of the MOBS Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

MOBS RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to MOBS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). MOBS does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. MOBS is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using MOBS mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MOBS, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. MOBS is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. MOBS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

MOBS is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, MOBS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. MOBS cannot guarantee and does not promise any specific results from use of the Platform. MOBS does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, MOBS does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. MOBS reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

MOBS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A MOBS EVENT OR ANY USER GENERATED CONTENT, EVEN IF MOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST MOBS FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF MOBS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, MOBS LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in Texas, USA, which does not give rise to personal jurisdiction over MOBS in jurisdictions other than Texas. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and MOBS shall be governed in all respects by Texas law. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of MOBS products) shall be resolved individually, without resort to any form of class action, and exclusively in the state of Texas or federal courts located in Texas. You consent to waive all defenses of lack of personal jurisdiction and with respect to venue and jurisdiction in the state of Texas and federal courts located in the state of Texas. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of MOBS products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from MOBS. You agree that any notice, agreement, disclosure or other communication that MOBS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. MOBS's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. MOBS may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

MOBS reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. MOBS also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

INTERNATIONAL SHIPPING POLICY

We have partnered with a third party to service our international customers.

Once you have created your shopping Cart, choose the "Are You Outside The U.S.?" button. You will then be automatically transferred to a page where you will be provided with international shipping costs as well as duties and taxes for your shipment.

Upon completion of your order, your credit card will be charged for the entire purchase. We will ship the goods to the third party distribution facility where they will process the order and transport the goods to your international address. There are no additional fees or registration processes with this service.