Trivium Global Marketing LLC, AdVent Mobi, MobiCard USA Terms and Services
All offers for subscription and related agreements are subject to acceptance by MobiCard USA INC. at it’s home offices in Providence, Utah. Accordingly ALL such contracts are formed in Utah, and shall be governed by Utah law and any disputes, mediation, arbitration, or legal claims in relation hereto shall be brought only within the appropriate forum in the state of Utah.
MobiCard offers carry NO cash value.
MobiCard may be promoted via social media, text messaging, and email, with the understanding that any person that has not paid for the MobiCard, must pay and register for it prior to it’s use.
MobiCard may be used by all members of a household, but a coupon or discount may not be “group shared” unless otherwise specified on the offer itself.
MobiCard membership is good for 12 months from the date of service.
Offers cannot be used in combination with other offers.
Unless otherwise specified on an offer, it is good for one use, and one person.
MobiCard offers may not be shared with groups, unless otherwise specified.
MobiCard offers are subject to change without notice.
New offers may be added at any time, as well as removed at any time without notice.
Any attempt to circumvent the MobiCard registration system to share offers with others who have not paid for a MobiCard will result in criminal prosecution, and forfeiture of any, and all claims to ALL discounts and access to MobiCard with no refund. This includes any commissions, or future commissions to sales reps, managers, coordinators, ambassadors, or any other affiliate.
We use SMS TEXT, MMS TEXT, EMAIL, APP PUSH, and DIRECT CALLING Notifications, the following terms apply to the SMS, and MMS Text Notifications:
Standard Message and Data Rates Apply. Customer Support: [email protected] anytime you can text to 71441 as well as 40691 the word ‘HELP’ to get more information or ‘STOP’ to cancel your account. Message frequency depends on account settings.
TRIVIUM GLOBAL MARKETING LLC, MobiCard USA NON-COMPETE AGREEMENT ADDENDUM
Any company advertising, or offering any type of discount with Trivium Global Marketing LLC or in the MobiCard USA APP or Websites [“MERCHANT”] to continue as a MERCHANT with Trivium Global Marketing LLC [“The Company”], its subsidiaries, affiliates, successors or assigns (together the “Company”), and in consideration of continued contracting with the Company and the Company’s promise in Section 1(a), the MERCHANT agrees to the following terms and conditions of the Trivium Global Marketing LLC Non-Compete Agreement Addendum (the “Addendum”):
1. Confidential Information.
(a) Company Information. The Company will make available to the MERCHANT certain Confidential Information of the Company, previously not disclosed to MERCHANT, which will enable MERCHANT to optimize the performance of its duties to the Company. In exchange, the MERCHANT agrees to use such Confidential Information solely for the Company’s benefit. Notwithstanding the preceding sentence, the MERCHANT agrees that upon the expiration or termination of the Agreement, the Company shall have no obligation to provide or otherwise make available to the MERCHANT any of its Confidential Information. “Confidential Information” means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company on whom the MERCHANT called or with whom MERCHANT became acquainted during the term of the Agreement), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, proprietary marketing, finances or other business information disclosed to the MERCHANT by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment, and which information has been historically treated as confidential by the Company.
(b) Strictest Confidence. The MERCHANT agrees at all times during the term of engagement pursuant to the Agreement with the Company and thereafter, to hold in strictest confidence, and not to use, except for the exclusive benefit of the Company, or to disclose to any person, firm or corporation without written authorization from the Company, any Confidential Information of the Company.
2. Covenant Not to Compete.
(a) Limited Time and Duration. The undersigned MERCHANT hereby agrees that during the course of the Agreement and for a period of 24 months immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option either of the Company or the MERCHANT, with or without notice, the MERCHANT will not compete with the Company and its successors and assigns, without the prior written consent of the Company. Similarly, the term and duration of MERCHANT’s nondisclosure obligations under Paragraph 1 above shall be the same as the term of this Covenant Not to Compete.
(b) Limited Scope of Prohibited Activities. The term “not compete” as used herein shall mean that the MERCHANT shall not, without the prior written consent of the Company, (i) serve as a partner, employee, consultant, officer, director, manager, MERCHANT, associate, investor, or otherwise for, (ii) directly or indirectly, own, purchase, organize or take preparatory steps for the organization of, or (iii) build, design, finance, acquire, lease, operate, manage, invest in, work or consult for or otherwise affiliate with, any business in competition with the Company’s business.
(c) Limited Geographic Scope. This Addendum shall cover the MERCHANT’s activities in every part of the Territory in which the COMPANY conducts business during the term of the Agreement as set forth above. “Territory” shall mean (i) the State of Utah, (ii) all other states of the United States of America and (iii) all other countries of the world.
(d) Significant Value. The MERCHANT acknowledges that it will derive significant value from the Company’s promise in Section 1(a) to provide MERCHANT with that Confidential Information of the Company to enable MERCHANT to optimize the performance of its contractual duties to the Company. The MERCHANT further acknowledges that MERCHANT’s fulfillment of the obligations contained in this Addendum, including, but not limited to, its obligation neither to disclose nor to use the Company’s Confidential Information, ideas, or products other than for the Company’s exclusive benefit and its obligation not to compete contained in Section 2(a), (b), and (c), is necessary to protect the Company’s Confidential Information, ideas, and products, and, consequently, to preserve the value and goodwill of the Company. The MERCHANT further acknowledges the time, geographic, and scope limitations of his or her obligations under Section 2(a), (b), and (c) are reasonable, especially in light of the Company’s desire to protect its Confidential Information, and that MERCHANT will not be precluded from gainful employment if it is obligated not to compete with the Company during the period and within the Territory as described in Section 2(c).
(e) Series of Separate Covenants. The covenants contained in Section 2(a), (b), and (c) shall be construed as a series of separate covenants, one for each state and country, within the Territory. Except for geographic coverage, each such separate covenant shall be deemed identical in terms to the covenant contained in Section 2(a) and (b). If, in any judicial proceeding, a court refuses to enforce any of such separate covenants (or any part thereof), then such unenforceable covenant (or such part) shall be eliminated from this Addendum to the extent necessary to permit the remaining separate covenants (or portions thereof) to be enforced. In the event the provisions of Section 2 are deemed to exceed the time, geographic, or scope limitations permitted by applicable law, then such provisions shall be reformed to the maximum time, geographic or scope limitations, as the case may be, than permitted by such law.
3. Solicitation of Employees.
For a period of 24 months immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option of either party, with or without notice, the MERCHANT will not hire any employees of the Company and will not, either directly or indirectly, solicit, induce, recruit or encourage any of the Company’s employees to leave its employment, or take away such employees, or attempt to solicit, induce, recruit, encourage or take away employees of the Company, either on behalf of the MERCHANT personally or for any other person or entity.
During the course of the Agreement and for a period of 24 months immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option of either party, with or without notice, the MERCHANT will not, either directly or indirectly, interfere with the Company’s contracts and relationships, including, but not limited to, the Company’s customer or client contracts and relationships.
5. Equitable Remedies.
(a) Damages Due to Breach. MERCHANT agrees that it would be impossible or inadequate to measure and calculate the Company’s damages from any breach of the covenants set forth in Section 2, herein. Accordingly, MERCHANT agrees that if it breaches any such section, the Company will have available, in addition to any other right or remedy available to it, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach, and to specific performance of any such provision of this Addendum.
6. Representations and Warranties by MERCHANT.
If the MERCHANT is a corporation or a limited liability company, the MERCHANT warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business, that it has all necessary power and has received all necessary approvals to execute and deliver the Addendum, and the individual executing the Addendum on behalf of the MERCHANT has been duly authorized to act for and to bind the MERCHANT.
7. General Provisions.
(a) Severability. If one or more of the provisions in this Addendum are deemed void by law, including, but not limited to, the covenant not to compete in Section 2, then the remaining provisions will continue in full force and effect.
(b) Successors and Assigns. This Addendum shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal MERCHANTs.
(c) Construction. The language used in this Addendum will be deemed the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against either party.
(d) Entire Agreement. This Addendum and the Agreement set forth the entire agreement and understanding between the parties relating to the subject matter herein and supersede any and all prior discussions, agreements, or contracts, whether written or oral. No modification of, or amendment to, this Addendum, nor any waiver of any rights under this Addendum, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in the MERCHANT’s scope of work or compensation will not affect the validity or scope of this Addendum.
(e) Addendum Controlling. In the event a conflict arises between the terms and conditions of the Agreement and this Addendum, this Addendum shall control.
[Covered by Main Agreement.]
Please read this agreement carefully before accessing or using this site. By accessing or using the App and Site, you agree to be bound by this agreement.
We respect and take steps to protect your privacy. We strive to make our App/Site a safe environment for everyone who visits and uses our services. We are committed to providing you with the best possible service and experience as well as the best products. The purpose of this policy statement is to fully share with you:
• What information we collect from you and how we use it
• With whom we share the information
• How you can change the information that we collect or with whom we share it
• How we safeguard the information collected
The Information That We Collect
You provide certain information to us by entering it onto our system, which may include, but not be limited to, the following: name, mailing address, email address, telephone number and credit card number.
We may also automatically collect information from you, including, but not limited to, the Internet Protocol (IP) address used to connect your computer to the Internet, computer and connection information such as browser type, operating system and platform.
We also receive information from you when you interact with our website and Apps upon which we advertise. For example, when you conduct a search or make a selection, we collect this information.
How We Use Information Collected
We use information which you provided to us to service your account. We may also use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyze usage of our products, to improve our content and product offerings and to customize our offerings, content and layout. We do this in an attempt to improve our products and better tailor it to meet our users’ needs.
We use your email address, mobile phone number, and mobile push notifications to contact you regarding administrative notices, promotions, specials, for assisting you with customer service items, or for providing you with news from time to time. In such cases you can opt out of future notices by uninstalling the App and Reply STOP to any text message, or email you receive. To stop all text messages reply STOP ALL, and STOPALL, And STOP to both shortcodes 71441 and 40691.
Or email [email protected] requesting to be removed from ALL contact and billing. Include your Full Name, User Name, Mobile Number, Email Address.
We share web site usage information about visitors to our web site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics.
Disclosure of Your Information
We do not sell or rent any personally identifiable information about you to any third party. We do aggregate personally identifiable information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. We offer features on our site/App where we will, by necessity, need to provide some of your information to the third party offering such services.
In addition, we must comply with court orders, information requests from government agencies and regulators and other legal and regulatory processes that may require the disclosure of your personally-identifiable information.
Reviewing/Changing Your Information
If at any time you would like to change any information in your account, Contact us at [email protected]
How We Safeguard the Information Collected
Although your privacy is very important to us, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems. This will not be done for commercial purposes or gain from Trivium Global Marketing, AdVent Mobi, MobiCard as such.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. We use SSL encryption technology to protect the transfer of your information.
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of UTAH in the United States of America, without giving effect to any principles of conflicts of law.
Our failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Trivium Global Marketing, AdVent Mobi, MobiCard and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction venued in UTAH.
IN NO EVENT SHALL Trivium Global Marketing, AdVent Mobi, MobiCard OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES.
These terms and conditions atr subject to change at any time, and it is your responsibility to review them.
By purchasing the MobiCard USA APP, or advertising/marketing in the MobiCard USA APP, or websites you agree to all of the terms, and conditions in this electronic online document.
All contents copyright 2013 Trivium Global Marketing. All rights reserved.