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Loyalmobs Terms and Conditions of Use

LOYALMOBS WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.

This policy is in effect as of March 2011. Last revision date : April 25, 2011. Effective date of current revision: April 25, 2011

These Terms also incorporate the Loyalmobs Privacy Statement found at www.loyalmobs.com/privacy.html by reference.

Loyalmobs, Inc. ("Loyalmobs") provides businesses and organizations with a variety of products and related tools and resources including but not limited to products for inbound or outbound customer satisfaction surveying and measurement, intervening with customers who express having had a negative experience, promoting positive customer experiences through social media and social networking, and in-store product finders and other customer assistance tools.

In addition to the products described above, Loyalmobs provides a variety of related web sites, offerings, products, and services, including data analytics, key performance indicator dashboards, and database reports.

The products, offerings, and services listed above and any related offerings, products, and services are referred to in these Terms and Conditions of Use as the "Products."

Products may be subscribed to by: (a) executing an order form, online registration form, work order or statement of work (for purposes of this Agreement each shall be referred to as an "Order Form"); or (b) using the Products. The individual or legal entity who is using or accessing Products under this Agreement shall be referred to as "you" or "your" in this Agreement. The individual or legal entity executing an Order Form or opening an account for Products under this Agreement shall be referred to as "Client" in this Agreement and the other party who executes the Order Form or provides the Products shall be referred to as "Loyalmobs," "we," "us" or "Provider" in this Agreement. Individuals who merely send or receive messages using any of the Products shall be referred to as "End Users" or "Consumers" in this Agreement. Each Order Form incorporates this Agreement by reference, and this Agreement shall govern and control in case of conflict, and in conjunction with this Agreement shall form a separate agreement between the parties that execute the applicable Order Form. Please read this Agreement carefully before executing an Order Form or installing, accessing, or otherwise using the Products. The following are the terms and conditions of use for access to this web site and use of the Products. By clicking on the "Register Me' or 'Subscribe' buttons on the sign-up page, by executing an Order Form, by logging in to your Loyalmobs account, by accessing this web site or by accessing the Loyalmobs products and/or services via any API interface, or by installing, accessing, or otherwise using the Products, you accept and agree to be bound by these Terms and Conditions of Use. Please maintain a copy for your records. If you do not agree with the terms of this Agreement, do not use the Products.

Loyalmobs's Products may not be used for the sending of unsolicited email or messages (sometimes called "spam") or for the hosting of illegal or prohibited content by Clients or Consumers.

Copyright © 2011 Loyalmobs, Inc., All Rights Reserved. This web site, and the information which it contains, as well as any of Loyalmobs's Products are the property of Loyalmobs, Inc. and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Loyalmobs," the Loyalmobs logo, and the "Thumbs Up" logo are trademarks of Loyalmobs under the applicable laws of the United States and/or other countries. Other Loyalmobs product or service names or logos appearing in this web site are trademarks of Loyalmobs and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Loyalmobs's trademark or other intellectual property rights concerning that name or logo.

The Loyalmobs, Inc. legal terms found at www.loyalmobs.com/legal.html are incorporated into these Terms and Conditions by reference.

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by Loyalmobs, and any guidelines, rules or operating policies that Loyalmobs may establish and post from time to time (collectively, the "Agreement"), including without limitation Loyalmobs's customer Privacy Policy, as linked from all messages generated from Loyalmobs or otherwise furnished to you (unless otherwise stated, all references to the Agreement shall include the Privacy Policy). By posting updated versions of the Agreement on the loyalmobs.com web site, or otherwise providing notice to you, Loyalmobs may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Loyalmobs's web site. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Products. You must complete the registration form on the Loyalmobs sign up page in order to use the Products as a Client. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide Loyalmobs's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Loyalmobs or its personnel.

If you are accessing or using the Products through a third party service or web site (a "Third Party Service"), you agree and acknowledge that Loyalmobs is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Loyalmobs may terminate such Third Party Service's ability to interact with the Products at any time, with or without notice, and in Loyalmobs's sole discretion, with no liability to you or to the third party.

This Agreement will continue so long as the Products are installed, accessed, or otherwise used. Each Order Form may specify its duration (each an "Order Form Term") and/or each Order Form may further specify one or more subscriptions purchased under the Order Form (each a "Subscription"). Each Subscription will specify its duration (each a "Subscription Term"). All Subscriptions begin as set forth in the Order Form or if not addressed therein, the earlier of: (a) thirty (30) days from provisioning of Client's system access; or (b) go live of the applicable Product Subscription. For the avoidance of doubt, Client agrees to pay for all usage of Products prior to the start of the Subscription Term on a pay as you go basis.

All Order Forms and Subscriptions shall automatically renew for the same duration as specified in the initial Order Form or Subscription unless either party terminates the specific Order Form or Subscription in writing thirty (30) days prior to the expiration of the applicable Order Form or Subscription, which termination shall be effective at the expiration of the applicable Order Form or Subscription.

Any Order Form or Subscription may be terminated by the non breaching party upon a material breach by the other party of a material provision of this Agreement, the relevant Order Form or the relevant Subscription, and such breach is not cured within ten (10) days after written notice, if the breach is a payment breach, or within thirty (30) days after written notice for any other material breach.

The termination of any Order Form or any Subscription shall not otherwise effect the Term of this Agreement or any other Order Form or Subscription. If Client terminates any Order Form or Subscription for cause: (a) Client will pay for all Products up to the date of termination; (b) Provider will reimburse Client for any amounts prepaid by Client for Products not rendered; and (c) Client shall be relieved of any future payments due under such Order Form or Subscription. Otherwise, upon any termination of this Agreement, any Order Form or any Subscription, as applicable, Client agrees to pay for: (a) all Products rendered up to the date of termination; and (b) any future amounts due under this Agreement, the Order Form or the Subscription for the entire Order Form Term or Subscription Term, as applicable, including the current renewal thereof, if applicable.

With respect to Provider's Products, Client agrees to pay in advance for all Products other than usage-based fees (which will be invoiced periodically as incurred). Unpaid invoices will be subject to a monthly service charge which is the lesser of one and one-half percent (1.5%) per month, or the highest rate allowed by law. Client must notify Provider of any disputed charges within thirty (30) days from the date of the invoice, otherwise Client will be deemed to agree to such charges and waive all such claims and Provider will not be subject to making adjustments to charges or invoices. Rates for the Products are set forth in the Order Form or will be charged at Provider's standard rates. Client may obtain Provider's standard rates through the loyalmobs.com web site or from a sales or account representative. Client agrees that rates may be altered on thirty (30) days prior notice to Client.

Due to the inherent nature of the Products offered by Provider, Provider cannot control or limit who uses the Products and how often they are used. Client agrees to pay for all usage-based fees for the Products even in cases where Client feels that End Users are excessively accessing the Products.

In addition to the published rates for the Products, Client shall pay all applicable third-party fees, duties, tolls, administrative assessments, surcharges, or taxes (exluding Loyalmobs income taxes) now or hereafter attributable to the Products and included on Client's current or subsequent invoice.

In the event an invoice is not paid in full, for any reason, within thirty (30) days from the invoice date, Provider shall have the right to suspend all or any portion of the Products until such time as all invoices and applicable late fees have been paid. Following such payment, Provider may reinstate Products only upon satisfactory assurance of Client's ability to pay for Products, including modified payment terms such as prepayment. Such suspension shall not relieve Client of any payment liability. Client agrees to reimburse Provider for any costs, expenses, or fees expended by Provider in connection with any collection efforts against Client, including reasonable internal and outside attorneys' fees.

Standard message rates apply. Provider's Products operate using Short Message Service (SMS) which means that mobile users, including End Users or Consumers, who send/receive text messages to and from the Products will be charged in accordance with the individual rate plan of their respective wireless service providers. Any other telephone calls or data transmission will be charged to Client, End User, or Consumer in accordance with the individual rate plan of their respective wireless service providers.

By using our Products you agree that we may occasionally send you messages or promotional announcements that we believe to be of interest to you. Typically, these messages or announcements will be sent no more than once per week but may vary according to our Client's requirements. To opt out of receiving messages, you can 1. (For text alerts only) text the word "STOP" at anytime to the number that the message was sent from; 2. (For email alerts only) click on the unsubscribe link held within each email communication; 3. Email support@loyalmobs.com, clearly stating your email address AND telephone number(s), with instructions that you wish to be opted out of email and/or text messages.

Subject to your compliance with the terms and conditions of this Agreement, Provider hereby grants you a non-exclusive, non-transferable license during the applicable Subscription Term to use Subscription based Products. Except as specifically set forth herein, Provider or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Products, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Products. You agree not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Products. Other than using the Products for its intended use and where you are an active participant, you may not resell the Products or otherwise generate income from the Products.

You are solely responsible for the information or content submitted, posted, transmitted or made available through your use of the Products ("Content"). You may use the Products to transmit Content or direct Provider to make contacts via any channel (in either case "Messages") to, or with, recipients (the "Recipients"). You are responsible for maintaining the confidentiality of your accounts and owner numbers and necessary codes, passwords and personal identification numbers used in conjunction with the Products and for all uses of the Products in association with your accounts whether or not authorized by you including unintended usage. You acknowledge and agree that Provider does not control nor monitor your Content nor guarantee the accuracy, integrity, security or quality of such Content. You are solely responsible for and obligated to provide any required notification to those being recorded or taped. You represent and warrant that: (a) you have the legal right to use all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content, timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations; (b) you are the transmitter of all Content and Messages and Provider is merely acting at Client's direction as a technology conduit for the transmission of the Content and the Messages; (c) Provider's use of the Content shall not violate the rights of any third party or any law, rule or regulation and (d) you will not transmit or allow to be transmitted any Content or Messages that: (i) you do not have a right to make available under any law or under contractual or fiduciary relationship; (ii) are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harmful to minors in any way; (iii) infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party; (iv) utilize any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other forms of solicitation; or (v) interfere with or disrupts the Products or servers or network operator networks.

Client represents and warrant that Client has obtained prior express consent to contact each cell phone number delivered by Client to Provider in connection with the provision of any Products delivering a prerecorded message ("Notification Services"); (ii) where Provider reasonably believes that Client may not have complied with all laws, rules and regulations applicable to the performance of Notification Services, Provider may, at its option; (A) scrub all numbers against any appropriate data base deemed necessary to remove all cell phone numbers or (B) not provide any Notification Services; (iii) Client further represents and warrants that (A) (1) Client has incorporated an interactive opt-out mechanism as part of any program relating to any Notification Services or (B) the contacts that are the subject of such Notification Services are not initiated to induce the purchase of goods or services or to solicit a charitable contribution ("Solicitations"), and (2) Client has obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) of the FTC's Telemarketing Sales Rule; (iv) where Provider reasonably believes that Client may not have complied with all laws, rules and regulations applicable to Solicitations, Provider may, at its option: (A) insert an interactive opt-out mechanism and pass the resulting data to Client or (B) not provide any Notification Services; and (v) Client shall indemnify, defend and hold Provider, its affiliates and their officers, directors, employees and agents harmless from and against any and all claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from: (A) Client's failure to obtain prior express consent to contact each of the cell phone numbers delivered by Client to Provider in connection with the provision of Notification Services or the failure of such consent to comply with any law, rule or regulation; (B) the failure to provide an opt-out mechanism in connection with any Solicitation or the failure of any opt-out mechanism to comply with any law, rule or regulation; or (C) Client's failure to comply with any third party rights or law, rules or regulations applicable to Client's systems, materials or programs relating to Notification Services.

The information we hold about you will be used to provide the Products requested and for identification, account administration, analysis and fraud/loss prevention purposes. More details about how that information is used are in our privacy policy which governs your visit to Provider's Website and use of the Products. Our privacy policy may be reviewed on our web site at www.loyalmobs.com/privacy.html, and is incorporated by reference herein. Copies are also available from us by post, by contacting customer service. The parties acknowledge and agree that: (a) Provider may have access to your personal data under applicable personal data protection and privacy laws (the "Data Protection Laws") and will: (i) use it solely for the purpose of providing the Products; (ii) process it only in accordance with your instructions; and (iii) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (b) personal data may be processed by Provider and its affiliates throughout the world; and (c) you are the data controller and retain full responsibility for the data processed on your behalf by Provider acting as data processor.

If Client is a Covered Entity (as defined by HIPAA) and provides individually identifiable health information or PHI (each as defined by HIPAA) to Provider as a Business Associate (as defined by HIPAA), then the Business Associate Agreement set forth at http://www.loyalmobs.com/BAA is incorporated by reference herein.

Use of the Products by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions. Contractor/manufacturer is Loyalmobs, Inc., 1325 Howard Ave. #301, Burlingame CA 94010.

You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Products and any related software. Without limiting the foregoing, you acknowledge that the Products and any related software are or may be an "encryption item" subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. You agree not to export or re-export the Products or any related software in any form in violation of the export laws of the United States or any foreign jurisdiction.

Upon request, you agree to provide reasonable proof of compliance with the provisions set forth in this Agreement. You agree to immediately notify us of any actual or potential breach of this Agreement by you. You acknowledge and agree that: (a) Provider does not provide content and you shall be solely responsible for all content and Messages and for providing any names, numbers or addresses for Loyalmobs to utilize in sending Messages; and (b) Provider has not and is not expected to provide you with any analysis, interpretation or advice regarding the compliance of any aspect of your Messages, content, campaigns or programs with any third party rights or laws, rules, or regulations. You agree that Provider may in its sole discretion suspend or terminate provision of any or all of the Products without liability or penalty at any time in the event that: (a) Provider is obliged to comply with an order, instruction, directive or request of a governmental body or network operator which necessitates that it do so; (b) Provider discovers an actual or potential breach or where Provider believes that you have not so complied with its obligations hereunder; or (c) one or more of the network operators upon which the provision of Products hereunder is dependent suspends its provision of those services to Provider. You agree that all use by you of the Products, including any information provided thereunder, shall comply with all applicable laws.

All users of the Products must adhere to the terms of this Agreement. We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with law, rule or regulation (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.

ALL PRODUCTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT PROVIDER'S PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS, PARODUCTS, OR SERVICES OBTAINED THROUGH PROVIDER OR THE PRODUCTS, OR THAT THE PRODUCTS WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF PROVIDER'S PRODUCTS ARE AT YOUR SOLE RISK. PROVIDER IS NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND PROVIDER'S REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER, OR ITS SUPPLIERS OR AFFILIATES, BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF COVER OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, OR RESULTING FROM THE PRODUCTS OR THIS AGREEMENT WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT MAY NOT BE EXCLUDED BY LAW, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU.

In any event, to the greatest extent permitted under applicable law, Provider's liability for damages (including expenses such as attorneys' fees and court costs), regardless of the form or cause of action, will be limited to $500 or the aggregate amount paid by you to Provider for the Products for which the cause of action arose, whichever is greater.

You shall indemnify, defend and hold Provider and its affiliates and their officers, director, employees and suppliers harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (i) your use of the Products (including without limitation, any person accessing the Products using your accounts); (ii) any actual or alleged violation of this Agreement or law, rule or regulation by you (including without limitation, any person accessing the Products using your accounts); (iii) any actual or alleged infringement or violation by you (including without limitation, any person accessing the Products using your accounts) of any intellectual property, privacy or other right of any person or entity or (iv) information or content that you submit, post, transmit or make available through the Products.

We agree to hold all Confidential Information of the other party in strict confidence. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that all Confidential Information shall be disclosed only to those employees or representatives on a need-to-know basis and who agree to be bound by these confidentiality restrictions. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation, provided that the receiving party gives as much notice as is reasonably practical and provides reasonable assistance to the disclosing party in challenging or modifying the disclosure so required. Neither party shall have any rights in the other party's Confidential Information and shall return or destroy all such Confidential Information upon the termination of the applicable Order Form or the request of the discloser. Notwithstanding the foregoing, the parties acknowledge that recipient shall not be required to return to discloser or destroy those copies of Information residing on recipient's backup, disaster recovery or business continuity systems and the obligations hereunder with respect to such Confidential Information shall survive until such Information is destroyed.

All access and use of any third party Products or Services is governed by the terms and conditions set forth from time to time by such third party provider and such terms and conditions are incorporated herein by reference.

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risks, and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by Provider in a non-electronic writing manually signed by a duly authorized representative of Provider.

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. You and Provider are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. The parties confirm that they wish to have this Agreement written in English only. You authorize Provider's monitoring including recording of calls or messages for the purposes of quality assurance and you further consent to Provider's use of automatic dialing equipment to contact you. Provider's performance of the Products is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Provider's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Provider's Website, the Products or information provided to or gathered by Provider with respect to such use. You may not assign this Agreement to any other person or entity without Provider's prior written approval, but nothing restricts Provider's ability to assign this Agreement or subcontract the Products hereunder.

Client agrees that it will not identify Provider as the provider of the Products to the media or any governmental, regulatory, or other official without prior notice to Provider and Provider's prior consent, unless required by legal process, law, rule or regulation, in which case Client shall still notify Provider of such requirement. Except for materials already made public, neither party will distribute any news releases, articles, brochures, speeches, or advertisements concerning this Agreement or Order Forms, nor use the other party's name or trademarks (or any variation thereof), without the other party's prior written consent. Notwithstanding the foregoing, Provider may use Client's name and trademarks in a list of customers, or in connection with written sales or promotional materials.

Provider will not be responsible or liable for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; stability or availability of the Internet; the elements; telecommunication system failure; war; technology attacks, epidemic; acts of terrorism; riots; embargoes; quarantine; viruses; strikes; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control, whether or not similar to the foregoing.

This Agreement, in conjunction with the applicable Order Form constitutes the entire agreement between the parties to such Order Form with respect to the subject matter of this Agreement and the applicable Order Form and supersede all prior agreements, discussions, proposals, representations or warranties, whether written or oral. You agree that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that you may now or later provide to Provider, will have no effect and that this Agreement is the only contract between Provider and you regarding the Products and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to you in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Provider may, at any time, amend the provisions of this Agreement. Any amendment proposed by you may only be accepted by Provider in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if Provider posts amended terms on its Website, such terms will automatically become effective when they are posted on the Website. By using the Products after such revised terms are posted, you agree to be bound by any such amended provisions. Therefore, you agree to periodically visit the Website to examine the then-current Agreement.

This Site is controlled by Loyalmobs, Inc. which is headquartered in Burlingame, California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site or using Provider's Products both you and Provider agree that the statutes and laws of the State of California, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Site or the Products. You and Provider also agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts in San Mateo County, California with respect to such matters. Provider makes no representation that materials on the Site or Products are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site or Provider's Products from other locations do so on their own initiative and are responsible for compliance with local laws.

Contact Us: Loyalmobs, Inc. 1325 Howard Ave. #301, Burlingame CA 94010 support@loyalmobs.com 1-650-440-7722.

Texting opt-in & opt-out

  • Your normal Msg&Data rates (if any) apply when you send (or receive) calls or SMS text messages to (or from) any VIP Club hosted by Loyalmobs.

    Each VIP club hosted by Loyalmobs has its own phone number.

  • Text HELP to ANY Loyalmobs VIP club's phone number for a TEXT version of this help screen.

  • Text JOIN to a Loyalmobs VIP club's phone number to join that VIP club. Unless specified otherwise by that VIP club, you will receive no more than 1 message per week from the club.

  • Text STOP to a Loyalmobs VIP club's phone number to opt-out (e.g., remove your phone) from that VIP club.

Temporary vacation hold

  • Text VACATION to ANY Loyalmobs VIP club's phone number to temporarily block messages from ALL Loyalmobs VIP clubs you have joined.

  • Text ALLOW to ANY Loyalmobs VIP club's phone number to remove the vacation block and resume receiving messages from Loyalmobs VIP clubs you have joined.

Reporting VIP club abuse

  • If you believe any Loyalmobs VIP club has abused the system, please text ABUSE to that VIP club's Loyalmobs number. (By doing so, you give Loyalmobs, Inc. permission to contact you via text or phone to followup on your complaint.)

    Or if you prefer you can email support@loyalmobs.com (By doing so, you give Loyalmobs, Inc. permission to contact you via text or phone to followup on your complaint.)