Last Revised: July 15, 2025

 

Welcome to www.mobilitycg.com and other online locations or interactions, such as Mobility Consulting Group, LLC’s social platforms (each, a “Site” and collectively, the “Sites”), operated by Mobility Consulting Group, LLC, and its affiliates (collectively, “Mobility CG”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Sites, as well as your engagement with Mobility CG for the purchase, license, resale, or distribution of hardware, products, services, software, and professional services. By accessing, using, or browsing the Sites, placing an order, or executing a Statement of Work (SOW) or order (“Order”) that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms form a legally binding agreement, effective as if you had signed it. If you do not agree to these Terms, you must not access, use, or browse the Sites or engage with our services or products.

 

By accessing our Sites, placing an Order, or engaging with our services or products, you agree to these Terms and our Privacy Policy. If you are engaging on behalf of an entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, your permission to access or use the Sites or our services is automatically revoked. We may revise these Terms from time to time, with changes effective upon posting to the Sites. You should check the Terms regularly for updates, as indicated by the “Last Revised” date above. Your continued use of the Sites or engagement with our services after changes signifies your acceptance of the revised Terms.

 

 

All Orders are non-cancellable and non-refundable unless stated in an Order. You agree to pay fees, charges, and reimbursable expenses per the Order within thirty (30) days of our invoice, subject to our credit approval process. We may perform a credit check and set purchase limits. You are responsible for all applicable taxes, excluding taxes on our income, unless you provide exemption proof. If payment is not received within five (5) days after notice of non-payment, we may suspend further Services or hardware delivery. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may revoke credit for good cause. For hardware, we retain a security interest until full payment, and you authorize us to file necessary documents.

 

Pricing assumes work in the lower 48 U.S. states, with minimum quantities (e.g., 10 site surveys, 25 installations) unless specified in the Order. For Alaska, Hawaii, or Canada, a 45% uplift applies, with minimum quantities of 25 for surveys and installations. An “Appointment” is Services by one technician, in one trip, at one location, and one shift. Multiple instances are billed separately.

 

Restrictions in access may cause delays, cancellations, or revisits:

 

 

A pre-planning call is required for deployments. Pricing assumes ≤3 hours per install (including verification). You provide all hardware, consumables (beyond standard), and shipping; otherwise, additional charges apply. We create geographically efficient schedules within your parameters. Equipment must be in good condition and present at the site ≥5 business days before installation; otherwise, cancellation fees apply. Work may occur outside if no inclement weather poses risks; otherwise, indoor facilities are required. Hardware failures are not our responsibility and are billed at full rate. Taxes are not included; invoicing is per unit upon site completion.

 

These Terms are effective upon your acceptance (e.g., placing an Order or engaging with our Services) and continue until terminated. Either party may terminate with thirty (30) days’ written notice. Termination does not affect active Orders or obligations, including payment for Services or Products provided. Either party may terminate for material breach if not cured within thirty (30) days of notice (or five (5) days for non-payment). Upon termination, you must pay all fees and expenses incurred. Provisions like payment, confidentiality, intellectual property, and liability survive termination indefinitely.

 

During an Order’s term and for one (1) year thereafter, you agree not to solicit or recruit (other than by general advertising) our employees or contractors involved in providing Services or Products without our written consent. Violation is a material breach, allowing immediate termination of any Order or these Terms.

 

All intellectual property rights in our Services, including ideas, concepts, techniques, designs, software (excluding third-party software), and materials developed by us, remain our sole property (“Mobility CG Proprietary Rights”). Services are not “work for hire.” If you send hardware to a manufacturer for servicing, you are solely responsible for wiping your intellectual property, including software or data, beforehand. Site Content is protected by U.S. and international copyright and trademark laws. You may not modify, decompile, disassemble, reverse engineer, or create derivative works from the Sites, Content, or our Services without our express written permission.

 

Each party may receive confidential information, including business plans, systems, software, and customer lists (“Confidential Information”), marked as such or reasonably understood to be confidential. The receiving party will protect it with at least the same care as its own, but no less than reasonable care, and not disclose it except to employees or agents who need to know, are bound by confidentiality agreements, and are informed of its confidential nature. Upon request, the receiving party must return or destroy Confidential Information within three (3) days and certify compliance.

 

Confidential Information excludes information that: (i) was rightfully known without restriction; (ii) becomes publicly available through no fault of the receiving party; (iii) is approved for disclosure; (iv) is independently developed; (v) is generalized know-how; or (vi) is legally compelled to be disclosed, with notice and confidentiality requested. Obligations survive three (3) years post-termination, or indefinitely for source code until an exception applies. Breach may result in irreparable harm, entitling the non-breaching party to injunctive relief or specific performance, in addition to other remedies.

 

You must notify us within ten (10) business days of delivery (or the Order’s timeframe, if shorter) if a deliverable does not meet requirements, providing sufficient detail. We will diligently correct deficiencies. If you do not notify us, deliverables are deemed accepted. You may not unreasonably withhold approval.

 

Hardware returns are accepted only if: (i) you purchased warranty protection as specified in an Order, or (ii) the hardware is defective and you notify us within the inspection period (per Section 10). Returns require a Return Authorization (RA) and matching invoice with serial numbers. A 25% restocking fee applies (or higher if charged by the third-party provider), except for defective hardware. We may refuse returns without an RA or ship them back at your expense. Without warranty protection, you must seek warranty claims from the manufacturer. We assign manufacturer warranties to you where possible. We disclaim all hardware warranties, express or implied, including merchantability, non-infringement, or fitness for a particular purpose, except as specified in an Order. These disclaimers are essential to these Terms.

 

We warrant that Professional Services will be performed in a good and workmanlike manner for thirty (30) days from completion, or as specified in an Order. Your exclusive remedy is re-performance or, if not commercially reasonable, a refund of fees paid for the affected Services. Timely completion depends on your fulfillment of obligations. You must notify us of breaches within thirty (30) days of completion. We disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose. These disclaimers are essential to these Terms.

 

To the maximum extent permitted by law, our liability for any claims (contract, negligence, or strict liability) shall not exceed the lesser of: (i) the total amount you paid us for the Services or hardware giving rise to the claim in the prior twelve months, or (ii) $500,000. We are not liable for defects in third-party hardware, software, or services, or modifications by others. We are not liable for incidental, special, or consequential damages, including loss of use, data, business, or profits, even if advised of the possibility. These limitations apply regardless of remedy failure and constitute the sole remedies. If you have not made a purchase, your sole remedy is to discontinue engagement. If any limitation is unenforceable, our liability shall not exceed $100. These limitations are fundamental to these Terms.

 

Each party will indemnify the other for liabilities, costs, or damages (including reasonable attorneys’ fees) from personal injury or property damage caused by negligent actions during onsite Services, provided prompt notice, control of defense or settlement, and reasonable assistance are given. Our liability is subject to Section 13 limits. You agree to indemnify, defend, and hold harmless Mobility CG and its affiliates, officers, directors, employees, and agents from claims, liabilities, or expenses arising from your use of the Sites, Services, or Products, or breach of these Terms or applicable laws.

 

If an Order includes third-party OEM services or software, the third-party provider is the contracting party, and their terms apply. We are not responsible for losses, claims, or damages related to third-party services or software, and you release us from such claims.

 

You represent that information provided for an Order is accurate, current, and complete, and that you have legal rights to provide access to required software, systems, or equipment. You must promptly notify us of delays or deficiencies in your responsibilities and assist in resolving them. We may stop work if your obligations are not met to our reasonable satisfaction.

 

We are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, fire, flood, earthquake, strikes, war, terrorism, subcontractor delays, third-party hardware/software failures, network issues, or utility interruptions. If a third-party subcontractor ceases providing services or hardware and we cannot find a replacement, we may terminate the affected Order with thirty (30) days’ notice.

 

If you believe your work has been copied on our Sites in a way that constitutes copyright infringement, provide us with: (i) your signature; (ii) a description of the copyrighted work; (iii) the location on the Sites (e.g., URL); (iv) your contact information; (v) a good faith statement that the use is unauthorized; and (vi) a statement under penalty of perjury that you are the owner or authorized to act. Contact us at sales@mobilitycg.com. We may disable or terminate use by infringers.

 

The Sites may link to third-party websites as a convenience. We are not responsible for their content, and links do not imply endorsement. Your use of third-party sites is at your own risk, and you should review their policies. We disclaim liability for any damage or loss from third-party site interactions.

 

We may suspend, discontinue, or terminate your access to the Sites, Products, or Services at our discretion, without notice, for any reason, including breach of these Terms. We are not liable for such actions.

 

These Terms are governed by Georgia law, without regard to conflict of law principles, except for arbitration, which is governed by the Federal Arbitration Act. All disputes will be resolved through confidential, binding arbitration in Fulton County, Georgia, under American Arbitration Association rules, with a single arbitrator. The arbitrator’s award is binding and may be entered as a judgment in a Fulton County court. You waive rights to jury trials, class actions, or representative actions. We may seek injunctive relief or specific performance without posting a bond. If disputes must be litigated in court, Fulton County courts are the exclusive venue, and you submit to their jurisdiction.