ConsumerTerms of Service & Conditions of Use
By completing the registration process and clicking the "I accept" button and using the Mobile Smart Ads Service, you accept and agree to be bound by these Consumer Terms of Service. Mobile Smart Ads
may at any time modify these Consumer Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located on the Mobile Smart Ads website, www.mobilesmartads.com. Te most current version will supersede all previous versions. By continuing to use the Mobile Smart Ads Service after changes are made, you agree to be bound by such changes.
Mobile Smart Ads and it’s partners make no warranties, express or implied, regarding the service and disclaims all warranties regarding this service. The quality, including the speed, of the service provided will vary due to the performance of certain systems that affect the internet and the partners wireless network. Mobile Smart Ads not it’s partners are not responsible for any acts that are beyond Mobile Smart Ads control, including without limitation the acts of third parties.
Privacy
It is the policy of Mobile Smart Ads to respect the privacy of end users of the Service. Please refer to the privacy policy for more information.
Limitations on Use
You must be at least 13 years old to register and use the Mobile Smart Ads service, or, if you are not at least 13, you may register and use the service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the Mobile Smart Ads service.
User Registration, Password and Security
To use our Service, you must complete the registration process that is presented upon your acceptance of the Consumer Terms of Use. During the registration process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify Mobile Smart Ads immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, Mobile Smart Ads has the right to terminate your account and refuse any and all current or future use of the Service. As part of the registration process, you will receive a password and personal identification number (PIN). You are responsible for maintaining the confidentiality of your password and PIN. Text message mobile coupons will be sent to the mobile number you provided upon registration. If you change your telephone number, you are responsible for informing us of the change.
Unsubscribing from specific merchants
You may unsubscribe from a specific merchant immediately following the receipt of an unwanted coupon by either sending the text message STOP via your cell phone to (xxxxx) immediately following the receipt of an unwanted coupon or by calling 719-660-9117.
Unsubscribing/Service cancellation
You may unsubscribe from the Mobile Smart Ads service altogether at any time by: (a) logging into your account on the Mobile Smart Ads web site (www.mobilesmartads.com) or, (b) sending the text message STOP ALL via your cell phone to (xxxxx), or (c) calling 719-660-9117. To un-subscribe at the Mobile Smart Ads web site you will need to know your mobile phone number and PIN. Your un-subscription request will be processed automatically upon request.
Maximum Number of Messages
You agree that Street Mobile Smart Ads may send you a maximum of (3) three text message offers per day.
Your Conduct
By registering and using the Mobile Smart Ads Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Service. You also agree not to interfere with the networks connected to the Mobile Smart Ads Service or to violate any of the procedures, policies or regulations of the networks connected to the Mobile Smart Ads Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Mobile Smart Ads Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Mobile Smart Ads Service; (3) use the Mobile Smart Ads Service for any unlawful purpose; or (4) resell or export the software associated with the Mobile Smart Ads Service.
Termination
Mobile Smart Ads reserves the right, in its sole discretion, to terminate your subscription and access to any or all Mobile Smart Ads or of it's partners services at any time, without notice. Mobile Smart Ads or it's partners shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you.
Third Party Offers
The Mobile Smart Ads Service provides offers from third parties that are not controlled by Mobile Smart Ads . Mobile Smart Ads is not responsible for the content or offers of such parties, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third parties are solely between you and the applicable third party. Furthermore, you acknowledge that as Mobile Smart Ads does not control the Content, you may be exposed to Content that is indecent, slanderous, inaccurate, misleading, crude, rude, racist, sexist, demeaning and generally offensive. You further acknowledge that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the Content made available through this Service.
Use of Information Submitted
You agree that Mobile Smart Ads and it'ws partners are free to use any comments, information or ideas contained in any communication you may send to Mobile Smart Ads or it's partners without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Mobile Smart Ads Service or other products or services.
Resale of Service
You agree not to resell the Service or use of or access to the Service.
Indemnification
You agree to indemnify Mobile Smart ands and it's partners, our reaspective officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We and our partners reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Modifications to Terms of Use or to the Service
Mobile Smart Ads reserve the right to change the Consumer Terms of Use at any time without notice. Mobile Smart Ads and it's partners also reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that Mobile Smart Ads and it's partners shall not be liable to you or any third party for any modification to or discontinuance of the Service.
Proprietary Rights
You acknowledge and agree that, as between you and Mobile Smart Ads, all content, including but not limited to text, software, graphics, video, page layout and design or other material displayed by Service is protected by Mobile Smart Ads' and it's partners copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way content available through the Service.
Merchant/Consumer Matching
Mobile Smart Ads connects merchants and consumers. Subscribers are connected to merchants in two ways allowing them to receive relavant offers. 1. Sign up at a partcipating merchant. 2. Merchant/subscriber matches are made using subscriber provided registration information and other data. Sometimes these merchants will be unknown to the consumer. In the event that the subscriber does not wish to receive additional offers from a un-familar merchant then the subscriber can "unsubscribe" to their offers. .
Business Transfers
As some time in the future, Mobile Smart Ads and / or it's partners might sell or buy additional assets. In such transactions, the information you have voluntarily provided in your user profile would generally be considered one of the transferred business assets. Any sale or transfer of Mobile Smart Ads or substantially all of its business assets, would likely be to an entity that agreed to comply with all of the material terms of our privacy policy.
Disclaimer of Warranties
The content, information and other materials available through the service are provided on an "as is" and "as available" basis and without warranties or conditions of any kind either express or implied. You expressly agree that use of the service is at your sole risk. To the fullest extent permitted by applicable law, all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed and denied. Mobile Smart Ads or it's partners do not make any warranty (i) that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; or (ii) that defects in the software will be corrected. Mobile Smart Ads or it's partners do not make any warranty regarding any goods or services or the delivery of any goods or services purchased or obtained through or from the service or advertised through the service. No advice or information, whether oral or written, obtained by you from the Mobile Smart Ads or through or from the service shall create any warranty not expressly stated herein.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Mobile Smart Ads or it's partners be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service, from the cost of procurement of substitute goods and services, from any goods or services purchased or obtained through or from the service, or from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if they have been advised of the possibility of such damages. You specifically agree that Mobile Smart Ads and it's partners are not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the service, the content available on or through the service, or with any of the terms of use, your sole and exclusive remedy is to discontinue using the service. You agree that Mobile Smart Ads and it's partners are not responsible for any loss of data resulting from network or system outages, from file corruption or any other reason. You further agree that Mobile Smart Ads and it's partners shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions, and/or liability for some types of damages, so some of the above exclusions may not apply to you. You specifically agree that Mobile Smart Ads and it's partners shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our service. You specifically agree that Mobile Smart Ads and it's partners are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Mobile Smart Ads and it's partners are not responsible for any content sent using and/or included in Mobile Smart Ads by any third party.
Miscellaneous
There is no guarantee of actual delivery or delivery within a specific period of time of a text message. If your phone or customers phone is turned off, your phone's or your customers phone's memory is full, or you or your customers phone are outside the Text Messaging service area, the network will store and re-send any message. All Cellular carriers have different criteria for resending messages. You may incur additional charges when roaming. You understand and agree that your text message mobile message or coupons may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any text message or mobile coupon. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any text message or mobile coupon; for any errors in the content of a text message or mobile coupon; or for any actions taken or not taken by you or any third party in reliance of a text message mobile. This Agreement constitutes the complete and exclusive agreement between Mobile Smart Ads and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. You acknowledge and agree that Mobile Smart Ads and it's partners are intended third-party beneficiary of this Agreement. The failure of Mobile Smart Ads or it's partners to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Use shall remain in full force and effect. 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 Service or to the Consumer Terms of Use must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Consumer Terms of Use are for convenience only and have no legal or contractual effect or significance.
By subscribing to our service, you acknowledge that you have read, understood and agreed to the terms of this agreement an web site usage.