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Terms and Conditions
1. ACCEPTANCE OF TERMS This service is provided by mDealers LLC to you ("you" or "user" or "subscriber"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by mDealers. mDealers currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the privacy policy, and (ii) any guidelines posted on the mDealers network of sites. mDealers reserves the right to change the nature of this relationship at any time without notice to you. In addition, when using particular services of mDealers, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by mDealers from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their mDealers account ("Account") canceled and they may permanently be banned from using mDealers.
2. DESCRIPTION OF SERVICE mDealers is a technology and marketing solution that empowers businesses to send information aboiut their services and products by way of text messaging (the "Service"). You agree that the Service may include certain communications from mdealers, such as service announcements and administrative messages, and that these communications are considered part of mDealers membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the terms and conditions. You understand and agree that the Service is provided "AS-IS" and that mDealers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Users
will opt-in and register for the service by texting "JOIN" to 56654. Users can opt-out at any
time by texting "STOP"
to 56654. The recipient of these text messages may incur charges by your
carrier. Standard messaging/other charges may apply.
3. OPT-OUT You can cancel your receipt of mobile alerts by sending STOP QUIT, END, CANCEL, UNSUBSCRIBE, STOP ALL to any text message you receive or to the shortcode 56654
4. BILLING INFORMATION By using the mDealers service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the mDealers service.
As used in these terms and conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
5. PRIVACY POLICY mDealers respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
6. ACCOUNT, PASSWORD AND SECURITY You may receive a password and account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify mDealers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. mDealers cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. MEMBER CONDUCT You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You acknowledge that mDealers may or may not pre-screen Content, but that mDealers and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, mDealers and its designees shall have the right to remove any Content that violates the terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that mDealers may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of mDealers, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by mDealers and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. INDEMNITY You agree to indemnify and hold mDealers, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms and conditions, or your violation of any rights of another.
9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless approved by an officer of the company.
10. MODIFICATIONS TO SERVICE mDealers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that mDealers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. |
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