Terms of Agreement
Last Updated: January, 2023
Mobile Assistant, Inc. (“Mobile Assistant”, “we”, “us” and terms of similar meaning) provides this website (in these Terms we call this website and any successor websites, the “Site”) and the Products and Services (individually and collectively, the “Services”) found at this Site, to you subject to these Terms and Conditions of Use (these “Terms”). If you are agreeing to these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms, in which case the Terms “you”, “your”, “User”, “Subscriber” or “Customer” shall refer to such corporate entity. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. Please read these Terms carefully before using the Site and/or Services. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site or Services.
Use of the site and services
You may not use the Site in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other User from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site and (vi) results in the harvesting of any information concerning other Users of this Site.
You acknowledge and agree that Mobile Assistant is not responsible for performance degradation and delays due to conditions on the internet or due to the equipment actions of wireless or landline service providers for either voice or data transmission.
Mobile Assistant is providing you with access to the Service for the purpose of allowing you to dictate certain kinds of information and data and to have this information and /or data returned to a personal computer, designated by you, as transcribed notes. You agree to use the Service in a manner consistent with this Agreement.
Mobile Assistant is providing access to and use of the Service to you only, and you agree not to share your password with any other individual or entity or allow any other individual or entity to utilize the Service on behalf of themselves, on your behalf, or otherwise.
Mobile Assistant allows Subscribers to register a mobile phone number and up to one alternate phone number for identification purposes. You may only register numbers that are under your exclusive control. If we find that a Subscriber has registered a shared office number or other phone number that is not exclusively used by the Subscriber, we reserve the right to remove the phone number from the account. Mobile Assistant Service is available for one subscriber per dictation only. We reserve the right to not transcribe a dictation with more than one dictator and cancellation of the subscription.
Registration data, and account security
Mobile Assistant reserves the right, in its sole discretion, to terminate your access to the Site and related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa and you hereby consent to the exclusive jurisdiction and venue of courts in Iowa in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In addition, if any personal information provided by you to Mobile Assistant, including billing and credit card information, is incomplete or inaccurate, Mobile Assistant reserves the right to terminate this Agreement. Finally, either you or Mobile Assistant may terminate this Agreement at any time without cause by providing notice in writing or by email to the other party, provided that any such notice to Mobile Assistant by email be sent to email@example.com. In the event of termination, you shall remain responsible for all charges and fees incurred by you in connection with the use of the Service through and including the date of termination and any prepaid but unearned subscription fees, paid by you to Mobile Assistant, shall be considered earned and no refund shall be given.
Fees and charges.
In addition to recurring service fees, Mobile Assistant may charge set up fees and other one-time fees for any of the Services (“One-time Fees”). All One-time Fees shall be charged to the payment method provided by you (and acceptable to Mobile Assistant) at the time of your purchase, and you hereby agree that Mobile Assistant is authorized to charge the payment method provided by you. Mobile Assistant, in its sole discretion, shall determine the prices it will charge for all One-time Fees. If you believe that the billing or invoice is incorrect, you must contact us within 60 days of the billing period start date to be eligible to receive an adjustment or credit.
Your account is considered delinquent (in arrears) if full payment is not received by the billing period start date. If your account is delinquent for 30 days, we will deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email or phone if we decide to deactivate your account. If after your account has been deactivated, it stays delinquent and we don’t hear from you, we may terminate it at any time and without notice.
You and Mobile Assistant may terminate these Terms and your use of the Site at any time. If you terminate your use of the Site you must pay the fees applicable for the balance due on your account.
Ownership, copyright and trademarks.
User Content is that User’s property, except to the extent that User’s Content is subject to Broker Dealers/Investment Advisors books and records regulatory requirements, including, but not limited to; SEC Books and Records requirements, Rule 17a-3 and 17a-4; FINRA Books, Records and Reports requirements
– Rule 4500; SEC Rule 204-2 of the Investment Advisors Act; MSRB Rules G-8 and G-9 (collectively, “Books and Records Requirements”). If you are a registered representative and/or an investment advisory representative, your access to your Content may be restricted upon your termination from that Firm based upon the ownership interests of the Firm or other individuals registered with that Firm, and in accordance with the applicable privacy and books and records regulatory requirements. Mobile Assistant’s right to User Content described in the Section: LICENSE OF YOUR USER CONTENT TO MOBILE ASSISTANT.
The Site is made available through agreements with certain Broker/Dealers or Registered Investment Advisors (“Firm”). Certain Firms have entered into agreements with Mobile Assistant that allow you to enter into your User Agreement and to access and use the Mobile Assistant Site. Firms may assert ownership interests in materials posted with Mobile Assistant and may require that Mobile Assistant enter into agreements that restrict your ability to access information generated while you are with that Firm, after you terminate your affiliation with the Firm. Mobile Assistant will enforce these agreements as directed by the Firm, solely as a ministerial function and does not make decisions as to the actual ownership of the User Content. Please consult with your Firm on any restrictions that you may have that restrict your access to User Content upon your termination with the Firm.
Other than the User Content, the Site, the Services, all Content and all software available on the Site or used to create and operate the Site are the property of Mobile Assistant or its licensors, and are protected by US and international copyright and other intellectual property laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mobile Assistant.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Mobile Assistant without the prior written consent of Mobile Assistant. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of Mobile Assistant. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Mobile Assistant. Any unauthorized use terminates any license or permission granted by Mobile Assistant. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.
All Mobile Assistant trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of Mobile Assistant. You may not copy or use any of Mobile Assistant’s marks or any marks confusingly similar to Mobile Assistant’s marks without the prior written consent of Mobile Assistant, nor may you use Mobile Assistant’s marks in any manner that discredits or disparages Mobile Assistant. All other trademarks not owned by Mobile Assistant that appear on the Site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Mobile Assistant.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. You represent and warrant that you have all necessary rights to the User Content and that User’s use and/or display of the User Content will not violate any third party intellectual property right. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
License of your user content to Mobile Assistant.
Therefore, by posting or distributing User Content to or through the Site or Services, you (a) grant Mobile Assistant and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) subject to the applicable Books and Records Requirements or ownership rights of third parties including your broker/dealer or investment advisor, you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site, as described in this Section. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site. When your Mobile Assistant account is terminated, your User Content will shortly thereafter not appear on the Site, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
Our license of content to you.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The license in this Section is revocable by Mobile Assistant at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Mobile Assistant at the address set out at the bottom of these Terms.
Use of interactive areas and the site.
– Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
– Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
– Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
– Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
– Unsolicited promotions, political campaigning, advertising or solicitations;
– Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use, or such information is publicly available;
– Viruses, corrupted data or other harmful, disruptive or destructive files;
– Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
– Content that, in the sole judgment of Redtail, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Redtail or its affiliates or its Users to any harm or liability of any type.
Finally, Mobile Assistant has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Providing a reliable and secure service.
To safeguard your information, Mobile Assistant uses restrictive firewalls to protect stored data and uses a minimum of 128 bit SSL certificates to encrypt data transferred between you and the Site.
However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting Services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use Mobile Assistant, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Links to other sites.
Advertisements and promotions.
Disclaimer of service warranties.
No additional warranty for your personal computer(s), wireless or landline phones(s) are provided as a result of using the Service. Mobile Assistant specifically disclaims any responsibility for any equipment or software provided by you and in no way warrants the capabilities of any such software used in conjunction with the Service.
You expressly agree that use of the Service is at your sole risk. You understand and agree that any material and/or data obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of the Service.
Limitation of liability.
In no event shall Mobile Assistant , its vendors or any other entity affiliated with Mobile Assistant be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to damages for lost profits, lost data, or loss of use) arising out of or relating to use of or inability to use the Site, any Service, or any information contained within the Site or stored or maintained by Mobile Assistant. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Mobile Assistant has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Mobile Assistant in such jurisdictions shall be limited to the maximum extent permitted by law.
In no event shall the total liability of Mobile Assistant, or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, or affiliates, to you for all damages, losses, and causes of action resulting from your use of this Site or any Service, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Mobile Assistant in connection with the applicable event, or purchase giving rise to such liability. Without limiting the foregoing, in no event shall Mobile Assistant , or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, or affiliates, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your
account or otherwise stored by or on behalf of Mobile Assistant.
Policy for making claims of copyright infringement.
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– A description of the copyrighted work(s) claimed to have been infringed;
– A description of the material on the Site that is claimed to be infringed 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 us to locate the material;
– Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
– A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
– A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
– For Mobile Assistant’s designated Copyright Agent for notice of claims of copyright infringement contact the Compliance Department via email at firstname.lastname@example.org.
Applicable law and venue.
discretion may amend these Terms, and your use of the Site and Services after such amendment is posted on the Site will constitute acceptance of it by you. If any term in these Terms is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining Terms and will not affect the validity and enforceability of such remaining terms. The Section headings in these Terms are for convenience only and must not be given any legal import.
This Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. Mobile Assistant therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
All Sections representation or warranty you make in these Terms, shall survive indefinitely, or as permitted by law.
Change of terms.
Questions and comments.
P.O. Box 187
Waunakee, WI 53597
(888) 373-1916 (toll free)