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Effective Date: August 20, 2016
Recipient or Subscriber – End users that subscribe to or participate in any Platform Service for any purpose whatsoever
All of the terms in this TOU apply to users (“you” or “your”), unless we have stated otherwise. This TOU may be updated from time to time with or without notice depending on the nature of the changes. You will be notified of material changes to this Agreement as detailed below in Section 14. The most current version of the Platform Services TOU can be reviewed at any time through https://pocketstop.com/tou.
1. ACCEPTANCE OF TOU: The words “use” or “using” in this Agreement, means any time you directly or indirectly, with or without the aid of a machine or device, does or attempts to browse, access, interact with, use, display, view, download, print or copy from a Platform Service, transmit, receive or exchange data or communicate with a Platform Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of a Platform Service, for any purpose whatsoever.
By using any Platform Service, you understand, acknowledge and agree, without limitation or qualification, that you are bound and governed by this Agreement, including any person that will attempt to or use any Platform Service using your user ID and/or password, whether or not such use was authorized, induced, encouraged, arranged, or known by you. IF YOU DO NOT WISH TO BE BOUND OR GOVERNED BY THIS TOU, DO NOT USE ANY PLATFORM SERVICE.
2. ELIGIBILITY: Unless specified otherwise, you must have reached the age of majority or age 18 (whichever is greater) in your state of residence before using any Platform Services. By your use of a Platform Service, you hereby certify that you are at least 18 years of age and meet any other eligibility and residency requirements. You also understand, acknowledge and agree that our Platform Services are controlled and provided in the U.S. and are governed solely by domestic local, state and federal statutes, rules, regulations, guidelines, and policies (“Applicable U.S. Laws”). We make no claims that the Platform Services are appropriate or available for use in other countries, or comply with any international laws.
5. GENERAL TERMS: You understand, acknowledge and agree that the Platform Services are provided “AS IS” and that Pocketstop assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Recipient personalization such as delivery methods or preferences.
6. SPECIFIC TERMS FOR INDIVIDUAL PLATFORM SERVICES:
A. The RedFlag Service
B. Specific Terms for Straightxt and Wi-Fi Alive Platform Services
C. Specific Terms for the nGage Platform Service
7. RECIPIENT SUPPORT ISSUES, CANCELLING PLATFORM SERVICES OR CHANGING A CHANNEL OF COMMUNICATIONS:
8. FEES: Recipients are not charged to use or participate in the Platform Services by Client or Pocketstop. However, standard messaging charges may apply from your wireless carrier. Data charges may also apply if you click on links / URLs embedded in text messages. Please consult your wireless carrier for applicable text messaging fees and data plan rates. Recipients understand, acknowledge and agree that under no circumstances will Pocketstop or its Clients be responsible for wireless carrier’s fees or charges.
9. INTELLECTUAL PROPERTY RIGHTS: You understand, acknowledge and agree that all rights, titles, interests, trademarks and copyrights in and to the software, material, information, logos, text, graphics, audio, video, photos, service names, training materials, and other data, any underlying technology used in connection with the Platform Services, and any documentation, plus any individual component of the Platform Services including short codes, and any copies thereof (collectively “Pocketstop Content”) are owned by Pocketstop, its suppliers, licensors and/or Operational Service Providers. Pocketstop, its suppliers, licensors and/or Operational Service Providers retain ownership of the software and the Platform Services, any portions or copies thereof, any derivative works, and all rights therein as applicable. We reserve all rights not expressly granted to you.
10. OTHER CONTENT: You acknowledge that Pocketstop is not obligated to pre-screen any content from a Client or a Recipient that it does not control or own (“Other Content”) but that Pocketstop shall have the right (but not the obligation) in its sole discretion to refuse or remove Other Content. Without limiting the foregoing, Pocketstop has the right to remove any Other Content that violates this TOU or is otherwise objectionable. You understand, acknowledge and agree that Pocketstop may retain Other Content and may disclose the Other Content if required to do so by law or in the good faith belief that any such retention or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond to claims that any content violates the rights of third parties or to protect the rights, property or personal safety of Pocketstop employees, its users and the public.
The Platform Services may also provide offers from Clients or other third parties. These offers can be redeemed through the participating Client or third party. You understand, acknowledge and agree that Pocketstop is not responsible for the content and redemption policies of these offers. Please contact the appropriate Client or third party if you have any questions concerning the offer, its presentation, or its redemption terms.
11. THIRD PARTY LINKS: Some links on the Platform Services lead to websites or online services posted by independent website/online service owners. Because we have no control over these websites/online services, you understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by Pocketstop of the content, advertising or business practices (including the privacy policies) of such third party websites or services, whether Pocketstop’s logo or name is on the third party website or service. These third party websites or services may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites or services. Therefore, you understand, acknowledge and agree that Pocketstop, and its officers, directors, shareholders, employees, licensors, representatives, agents, and Operational Service Providers and the successors and assigns of any of them (collectively, the “Pocketstop-Related Entities”) will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. IF YOU DECIDE TO ACCESS AND USE LINKED THIRD PARTY WEBSITES, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU DO SO AT YOUR OWN RISK.
12. MODIFICATIONS, SUSPENSION, DISCONTINUANCE AND/OR TERMINATIONS OF THE PLATFORM SERVICES: Pocketstop reserves the right at any time and from time to time at its discretion to add, modify, suspend, discontinue, or terminate, temporarily or permanently, any Platform Service (or any part thereof), any features, nomenclature, and/or make any other changes that will be subject to this Agreement with or without advance notice to you. You understand, acknowledge and agree that Pocketstop will not be liable to you or to any third party for any modification, suspension, discontinuance, and/or termination of the Platform Services.
13. TERMINATION OR SUSPENSION OF YOUR ACCOUNT OR USE OF THE PLATFORM SERVICES: You understand, acknowledge and agree that Pocketstop may terminate, suspend or block your account or your use of all or part of the Platform Services, at its discretion and without prior notice, for any reason and without refund, including, without limitation, if we believe you have engaged in conduct prohibited by this TOU. You agree that upon your termination or suspension for any reason, we may delete all information related to you on the Platform Services.
14. NOTIFICATION OF MATERIAL CHANGES TO THIS TOU: We will post a notice of any material changes to this TOU on the Pocketstop website. Your continued use of the Platform Services after such posting will indicate that you agree to any such changes. If you do not agree to any such changes, your only option is to terminate your use of the Platform Services.
15. DISCLAIMER OF WARRANTIES: YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM SERVICES IS AT YOUR OWN RISK. NEITHER POCKETSTOP NOR THE POCKETSTOP-RELATED ENTITIES WARRANT THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM SERVICES, OR ABOUT THE SUITABILITY, ACCURACY, RELIABILITY, LEGITIMACY, LEGALITY, VALIDITY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT OR INFORMATION CONTAINED ON THE PLATFORM SERVICES. THE PLATFORM SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY: IN NO EVENT WILL POCKETSTOP OR THE POCKETSTOP-RELATED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (EVEN IF POCKETSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, DEATH OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECIPIENT DATA RECORDS, PROGRAMS, OR SERVICES.
TO THE EXTENT THAT ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE U.S. LAW, THEN WE WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL POCKETSTOP OR THE POCKETSTOP-RELATED ENTITIES BE LIABLE FOR ANY AGGREGATE DAMAGES OR LIABILITY ARISING UNDER THIS TOU OR YOUR USE OF THE PLATFORM SERVICE THAT EXCEED $500 U.S.
THE REDFLAG SERVICE IS INTENDED TO MERELY SUPPLEMENT ANY EMERGENCY NOTICE WHICH SHOULD BE ORDINARILY GIVEN. THERE IS NO GUARANTEE THAT ALL PERSONS INTENDED TO BE CONTACTED WILL BE CONTACTED USING THE REDFLAG SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT POCKETSTOP ACCEPTS NO RESPONSIBILITY FOR ANY FAILURE OF THE REDFLAG SERVICE TO CONTACT ANY PERSON OR PERSONS, AND NEITHER POCKETSTOP NOR THE POCKETSTOP-RELATED ENTITIES ARE RESPONSIBLE FOR ANY DAMAGE OR INJURY THAT RESULTS FROM FAILURE TO CONTACT ANYONE.
17. INDEMNIFICATION: You agree to indemnify and hold Pocketstop and the Pocketstop-Related Entities harmless from any claims, actions, costs, losses, penalties, fines or forfeitures, demands, damages, including reasonable attorney’s fees and costs, made by any third party due to or arising out of Other Content submitted, posted to, emailed, or otherwise transmitted through the Platform Services, your use of the Services, your breach of this TOU, or your violation of any law or the right of another party.
18. GOVERNING LAWS: This TOU and its validity, construction and performance will be governed in all respects by the laws in the State of Texas, without regard to its choice of law provisions. You irrevocably submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
19. NON-WAIVER OF RIGHTS: The failure of Pocketstop to exercise its rights under this TOU will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement.
If you have any questions or comments, or wish to report and abuse of the Platform Services, please contact firstname.lastname@example.org, or call 877.840.2444