SMSTerms

TERMS AND CONDITIONS OF THE PUSH Mobile Marketing Inc. SERVICE

OPT-IN

PUSH Mobile Marketing uses shortcode 25399 to enable a brand or enterprise to interact with you by promotional offerings, coupons, etc. to your mobile device. via SMS text message. You may opt-in by submitting the keyword for a particular brand. For example, text “EXTRA (plus keyword)” to 25399. 6 msgs/mo. Message & Data Rates May Apply.

For additional information, text HELP to the 25399 short code for information or email support@pushmm.com. OPT-OUT

You may opt-out at anytime by sending STOP to short code 25399. Contact us at 888.308.7110 or support@pushmm.com

Supported carriers are AT&T, U.S. Cellular, Verizon Wireless, Sprint, Virgin Mobile, Cricket, Boost, and T-Mobile.

PRIVACY POLICY

https://push-mobile-marketing.com/privacypolicy/

Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by PUSH Mobile Marketing. Your use of the PUSH Mobile Marketing application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the PUSH Mobile Marketing application.

INTRODUCTION

These terms and conditions of service represent the agreement (“Agreement”) between you and PUSH Mobile Marketing, Inc. (“PUSH Mobile Marketing”) with respect to the PUSH Mobile Marketing application service (the “PUSH Mobile Marketing Service” or “Service”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

PUSH Mobile Marketing may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.pushmm.com from time to time to review the then current terms and conditions for the PUSH Mobile Marketing Service.

THE PUSH Mobile Marketing SERVICE

PUSH Mobile Marketing provides mobile marketing solutions for well-known brands and enterprises. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, text messaging and data charges billed by your carrier may apply. A complete description of the PUSH Mobile Marketing Service is available at the Products link on PUSH Mobile Marketing, Inc.’s website, located at www.pushmm.com.

The PUSH Mobile Marketing Service may use data licensed to or provided to PUSH Mobile Marketing by PUSH Mobile Marketing, INC.’s brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by PUSH Mobile Marketing, Inc.’s brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.

YOUR LOCATION AND OTHER PERSONAL INFORMATION

PUSH Mobile Marketing, Inc.’s downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.

Additionally, the PUSH Mobile Marketing Service may collect Personally Identifiable Information (“PII”). PII is information that can be directly associated with a specific person or entity, and may include your name, mobile phone number, and email address. The PUSH Mobile Marketing Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the PUSH Mobile Marketing Service, and your preferences. This is Non-Personally Identifiable Information (“Non-PII”) and this is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers. PII and Non-PII information is subject to PUSH Mobile Marketing, INC.’s privacy policy located at www.pushmm.com. Your use of the PUSH Mobile Marketing Service indicates that you accept the terms of PUSH Mobile Marketing, INC.’s privacy policy.

SAFE AND LAWFUL USE OF THE PUSH Mobile Marketing SERVICE

You agree to comply with the following when using the PUSH Mobile Marketing Service:

Do not use the PUSH Mobile Marketing Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Do not use the PUSH Mobile Marketing Service while operating a motor vehicle.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the PUSH Mobile Marketing Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.

TERMINATION

PUSH Mobile Marketing reserves the right to terminate your access to the PUSH Mobile Marketing Service at any time for any or no reason and without notice to you.

You may terminate the PUSH Mobile Marketing Service at any time by notifying PUSH Mobile Marketing via (i) an email addressed to support@pushmm.com, (ii) a letter addressed to PUSH Mobile Marketing, 4026 Wards Road, Unit G1, Suite 113, or (iii) a phone call to PUSH Mobile Marketing Customer Support at 888.308.7110 ext. 101

Any such cancellation by you shall become effective when processed by PUSH Mobile Marketing.

Upon any termination of your PUSH Mobile Marketing Service, PUSH Mobile Marketing shall have no liability to you or any further obligations under this Agreement.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will PUSH Mobile Marketing, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the PUSH Mobile Marketing Service or the PUSH Mobile Marketing Software. You are responsible for the entire risk arising out of your use of the PUSH Mobile Marketing Service and the PUSH Mobile Marketing Software.

The PUSH Mobile Marketing Service and the PUSH Mobile Marketing Software are provided “as is” and without warranties of any kind either express or implied. PUSH Mobile Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall PUSH Mobile Marketing or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the PUSH Mobile Marketing Service or the PUSH Mobile Marketing Software, any defects in the PUSH Mobile Marketing Service or the PUSH Mobile Marketing Software, or any breach of this Agreement, even if PUSH Mobile Marketing or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold PUSH Mobile Marketing and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the PUSH Mobile Marketing Service.

ARBITRATION AND GOVERNING LAW You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the PUSH Mobile Marketing Service, or the PUSH Mobile Marketing Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Delaware, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.

MISCELLANEOUS

This Agreement constitutes the entire agreement between PUSH Mobile Marketing and you with respect to the subject matter hereof.

PUSH Mobile Marketing, INC.’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to PUSH Mobile Marketing. Notwithstanding the foregoing, PUSH Mobile Marketing may assign this Agreement to any affiliate or successor company at any time without notice.

By using the PUSH Mobile Marketing Service, you consent to receive from PUSH Mobile Marketing all communications, including notices, agreements, legally required disclosures or other information in connection with the PUSH Mobile Marketing Service (collectively, “Notices”) electronically. PUSH Mobile Marketing may provide such Notices by posting them on PUSH Mobile Marketing, INC.’s website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the PUSH Mobile Marketing Service.

If you have any questions regarding the terms of this Agreement, please contact PUSH Mobile Marketing via (i) an email addressed to support@pushmm.com, (ii) a letter addressed to PUSH Mobile Marketing, 4026 Wards Road, Unit G1, Suite 113, or (iii) a phone call to PUSH Mobile Marketing Customer Support at 888.308.7110 ext. 101