PLEASE READ THESE TERMS OF USE CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE (ALSO REFERRED TO AS “SERVICE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN WE RECOMMEND THAT YOU DO NOT USE THIS WEBSITE.
Mobile Helper, LLC (doing business as “Mobile Marketing Helper”) is providing users (“User”) with access to its mobile marketing services and web site, (the “Mobile Marketing Helper Service”), subject to the terms and conditions of this User Agreement (the “Terms of Use”). Any new features, changes, updates or improvements of the Mobile Marketing Helper Service, and the availability of new Mobile Marketing Helper services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
1. YOUR ACCEPTANCE OF THIS USER AGREEMENT
Please read the User Agreement carefully before using the Mobile Marketing Helper Service. By using or registering for the Mobile Marketing Helper Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the Mobile Marketing Helper Service.
2. MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the Mobile Marketing Helper.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current Mobile Marketing Helper Service, including the release of new Mobile Marketing Helper properties, shall be subject to the User Agreement. You understand and agree that the Mobile Marketing Helper Service is provided “AS-IS” and that Mobile Marketing Helper assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the Mobile Marketing Helper Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
3. PRIVACY POLICY
By using or registering for the Mobile Marketing Helper Service you acknowledge that you have read and accept the Privacy Statement. Before using or registering for the Mobile Marketing Helper Service, please carefully read the Mobile Marketing Helper Privacy Statement. A link to the Mobile Marketing Helper Privacy Statement is on the bottom of each page of Mobile Marketing Helper.com.
4. REGISTRATION INFORMATION
You agree, as a condition of your use of the Mobile Marketing Helper Service, to provide Mobile Marketing Helper with accurate and complete information when registering for or using the Mobile Marketing Helper Service, and to update and maintain such information. Mobile Marketing Helper has the right to suspend, restrict or terminate your use of the Mobile Marketing Helper Service and to refuse any future use of all or portions of the Mobile Marketing Helper Service if Mobile Marketing Helper has reason to believe that you have failed to comply with these requirements.
5. MINIMUM AGE
If you are under the age of eighteen, you are prohibited from using or registering for the Mobile Marketing Helper Service. By using or registering for the Mobile Marketing Helper Service, you warrant to Mobile Marketing Helper that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the Mobile Marketing Helper Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the Mobile Marketing Helper Service is inappropriate for your child.
6. RESTRICTION AND MODIFICATION OF SERVICE
You agree that Mobile Marketing Helper may limit your use of the Mobile Marketing Helper Service, including without limitation the frequency and duration for which you may access the Mobile Marketing Helper Service, and that Mobile Marketing Helper has no responsibility or liability for any unavailability or limitation on use of the Mobile Marketing Helper Service. In addition, Mobile Marketing Helper reserves the right at any time to limit: access to, modify, change or discontinue the Mobile Marketing Helper Service, or any part thereof, with or without notice. You agree that Mobile Marketing Helper shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Mobile Marketing Helper Service. You acknowledge and agree that Mobile Marketing Helper may establish general practices and limits, which may not be published, concerning the use of the Mobile Marketing Helper Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Mobile Marketing Helper Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Mobile Marketing Helper has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Mobile Marketing Helper Service. You acknowledge that Mobile Marketing Helper reserves the right to terminate any inactive or dormant account(s). You agree and Mobile Marketing Helper reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
7. YOUR CONDUCT
As a condition of your use of the Mobile Marketing Helper Service, you agree and warrant to Mobile Marketing Helper that you will not use the Mobile Marketing Helper Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the Mobile Marketing Helper Service in any manner that could damage, impair, disable or overburden the Mobile Marketing Helper Service, interfere in any way with Mobile Marketing Helper’s rights, interfere in any way with any other user’s use and enjoyment of the Mobile Marketing Helper Service, or otherwise infringe on any person’s rights.
Specifically, you agree and warrant to Mobile Marketing Helper that:
- You will not use, or attempt to use, the Mobile Marketing Helper Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person’s privacy or proprietary rights.
- You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
- You will not use, or attempt to use, the Mobile Marketing Helper Service in connection with any junk messages, spamming or messages that are duplicative or unsolicited in nature;
- You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
- You will not resell, or attempt to resell, the use of the Mobile Marketing Helper Service without express, prior written consent/permission from Mobile Marketing Helper;
- You will not collect, or attempt to collect, or store information about the Mobile Marketing Helper Service or other users, including contact information, without their consent;
- You will not interfere, or attempt to interfere, with or disrupt connections to the Mobile Marketing Helper Service or violate the regulations, policies or procedures of such connections;
- You will not attempt to gain unauthorized access to the Mobile Marketing Helper Service, other accounts, computer systems or networks connected to the Service.
- You agree and Mobile Marketing Helper retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. Mobile Marketing Helper may immediately terminate User’s Mobile Marketing Helper account if User’s conduct is found to be inconsistent with this User Agreement.
8. TEXT MESSAGE COMPLIANCE WITH MOBILE MARKETING ASSOCIATION
User agrees that all marketing or sales related text messages will comply with policies and guidelines for the Mobile Marketing Association. More information can be found at http://mmaglobal.com/policies.
9. TEXT MESSAGING TERMS AND CONDITIONS
Standard messaging charges apply. For HELP text help to 72727 or call 800.858.8507 or email us at Support@MobileMarketingHelper.com. To STOP this service, text STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 72727. Carriers supported: Alltel, AT&T, Boost Mobile, Cellcom, Cincinnati Bell, Cellular One, Cellular South, Cricket, Metro PCS, Nextel, nTelos, Sprint, T-Mobile, Verizon Wireless, US Cellular, Virgin Mobile, Bluegrass, Centennial Wireless, ECIT, EKN, Immix, Inland Cellular, Illinois Valley Cellular, Revol, West Central Wireless, General Communications, Bell Mobility, Fido Solutions, MTS Communications, Rogers Wireless, SaskTel, Telus Communications, Virgin Mobile Canada.
10. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Mobile Marketing Helper Service will not cause Mobile Marketing Helper to violate these or other similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Mobile Marketing Helper Service will not cause Mobile Marketing Helper to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Mobile Marketing Helper Services will be applicable. User understands and agrees that Mobile Marketing Helper will not be held responsible for damages to the User or any third party incurred due to User’s failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Mobile Marketing Helper Service.
11. NO RESPONSIBILITY FOR CONTENT
As part of the Mobile Marketing Helper Service, Mobile Marketing Helper may offer User access to communications, media and commerce services. Mobile Marketing Helper does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”), whether publicly posted or privately transmitted through the Mobile Marketing Helper Service. You acknowledge that the Mobile Marketing Helper Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Mobile Marketing Helper has no obligation to screen, preview, or monitor such Content. By using the Mobile Marketing Helper Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Mobile Marketing Helper Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Mobile Marketing Helper be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Mobile Marketing Helper Service.
12. DISCLOSURE
Mobile Marketing Helper may make identifiable information available to our employees and third parties with whom we contract. In addition, Mobile Marketing Helper may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Mobile Marketing Helper may make such uses of information you provide or Mobile Marketing Helper collects.
While Mobile Marketing Helper is committed to protect your privacy, Mobile Marketing Helper does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Mobile Marketing Helper may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Mobile Marketing Helper, its users or the public. Mobile Marketing Helper does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Mobile Marketing Helper, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
13. SERVICE FEES AND CHARGES
The basic account fees (“Service Fees”) shall be provided at the rates set out in the Mobile Marketing Helper pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Mobile Marketing Helper may modify subscription Service Fees at renewal periods.
14. SUBSCRIPTION BILLING
Service Fees for subscription users of the Mobile Marketing Helper Service will be automatically charged on the first day of each month to the credit or debit card on file for User.
If for any reason payment is not effected through User’s credit or debit card and payment becomes past due, Mobile Marketing Helper will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that Mobile Marketing Helper may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, Mobile Marketing Helper reserves the right to immediately and without notice terminate the account of any User with a past due balance.
Mobile Marketing Helper reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree and Mobile Marketing Helper retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If Mobile Marketing Helper determines that an account is abusing the unlimited usage privilege, Mobile Marketing Helper may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more Texts per month than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. Mobile Marketing Helper reserves the right to charge an additional 12 cents ($.12) per text for any excessive texts, as determined at the sole discretion of Mobile Marketing Helper.
15. FREE TRIALS
Mobile Marketing Helper may permit User to use the Mobile Marketing Helper Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a Mobile Marketing Helper messaging package or subscription as described on the Mobile Marketing Helper web-site. Mobile Marketing Helper reserves the right to terminate the account of any free trial User at any time.
16. TERM AND TERMINATION
Mobile Marketing Helper Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans. Users may discontinue their subscription at any time by sending an email to Support@MobileMarketingHelper.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete promotions on their cancelled account until their paid subscription ends.
17. SERVICE PROVIDERS
The Mobile Marketing Helper Service may provide User with opportunities to be transferred or linked to third party providers (“Service Providers”) of products, services, advertisements or Content that may be accessible through and operate with the Mobile Marketing Helper Service. Mobile Marketing Helper does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Mobile Marketing Helper is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve Mobile Marketing Helper.
You agree that Mobile Marketing Helper is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
18. LIABILITY DISCLAIMER
YOU AGREE THAT:
A. IF YOU USE THE MOBILE MARKETING HELPER SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE MOBILE MARKETING HELPER SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE MARKETING HELPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR MOBILE MARKETING HELPER.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. MOBILE MARKETING HELPER DOES NOT WARRANT THAT (i) THE MOBILE MARKETING HELPER SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MOBILE MARKETING HELPER SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE MARKETING HELPER SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOBILE MARKETING HELPER SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR MOBILE MARKETING HELPER COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE MOBILE MARKETING HELPER SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE MOBILE MARKETING HELPER SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM MOBILE MARKETING HELPER OR THROUGH OR FROM THE MOBILE MARKETING HELPER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT MOBILE MARKETING HELPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOBILE MARKETING HELPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE MOBILE MARKETING HELPER SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILE MARKETING HELPER SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE MOBILE MARKETING HELPER SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MOBILE MARKETING HELPER SERVICE.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mobile Marketing Helper, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
21. PROPRIETARY RIGHTS
You acknowledge and agree that the Mobile Marketing Helper Service and any necessary software used in connection with the Mobile Marketing Helper Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Mobile Marketing Helper Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Mobile Marketing Helper Service, except as set forth herein. Mobile Marketing Helper, the Mobile Marketing Helper logo and other Mobile Marketing Helper logos, product and service names may be trademarks, service marks or other intellectual property of Mobile Marketing Helper (the ” Mobile Marketing Helper Marks”). You agree not to display or use the Mobile Marketing Helper Marks in any manner without the prior, express written permission of Mobile Marketing Helper.
22. NOTICE
You agree that Mobile Marketing Helper may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the MobileMarketingHelper.com web site or through the Mobile Marketing Helper Service.
23. ENTIRE AGREEMENT
The User Agreement governs your use of the Mobile Marketing Helper Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Mobile Marketing Helper. They supersede any prior agreements between you and Mobile Marketing Helper. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Mobile Marketing Helper possesses with respect to this User Agreement.
24. GOVERNING LAW AND ARBITRATION
The User Agreement and the relationship between you and Mobile Marketing Helper shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mobile Marketing Helper Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Mobile Marketing Helper exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Frisco, Texas. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
25. MISCELLANEOUS
Any failure by Mobile Marketing Helper to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties’ intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.