ACCEPTANCE OF TERMS
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
(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.
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.
DESCRIPTION OF SERVICE
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.
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. Message and data rates may apply. User can text HELP to 56654 to get additional information.
The mobile alerts
SMS programs run on code 56654. mDeales does not
charge you to participate in the program however, your wireless service
provider may charge for sending and/or receiving SMS messages and air-time.
Msg & Data Rates May Apply
Message frequency is 30msg/mo.
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
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.
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.
ACCOUNT, PASSWORD AND SECURITY
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.
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.
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.
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
RESALE OF SERVICE
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.
MODIFICATIONS TO SERVICE
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.
Subscription Service available on most carriers including US Cellular, AT&T, Cellular One, T-mobile, Sprint, Boost, Verizon Wireless, Alltel Wireless and Virgin Mobile.