PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
You must be at least 13 years old to download and use the In-Touch Mobile Marketing service, or, if you are not at least 13, you may download and/or use the In-Touch Mobile Marketing service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the In-Touch Mobile Marketing service.
In-Touch Mobile Marketing reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion.
In-Touch Mobile Marketing is currently a complimentary service. However, when you use the In-Touch Mobile Marketing service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
In-Touch Mobile Marketing Text message (SMS) Service
To opt in or subscribe to In-Touch Mobile Marketing, you can register by sending a text message* with the "keyword" advertised to 40691 and we'll guide you through the process from your mobile phone. Message & Data Rates May Apply to all text messages sent to or from the In-Touch Mobile Marketing text message service. For more information, check your mobile phone service plan or visit your carrier's website.
After you install the In-Touch Mobile Marketing application and/or register for the In-Touch Mobile Marketing service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from our text message service, send a text message with the word STOP to 40691 from your mobile phone and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone.
To get help with the In-Touch Mobile Marketing text message service, you may email us at email@example.com or 401-252-6529.
You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to 40691.* coupons maybe not be available on all mobile devices.
In-Touch Mobile Marketing is not responsible for evaluating or examining the individuals, companies or businesses offering the coupons obtained through the In-Touch Mobile Marketing service. In-Touch Mobile Marketing is not responsible for the content, offers, programs or policies of such individuals, companies or businesses, including, without limitation, your redemption of such offers or refusal to honor any offer. Further, In-Touch Mobile Marketing is not responsible for any issues arising from the products or services purchased or received from the coupons. Your dealings with the third parties providing the coupons are solely between you and the applicable third party.
In-Touch Mobile Marketing and/or its licensors are the sole owners of the In-Touch Mobile Marketing service, which includes any software, method of doing business, domains, and content made available through it. The In-Touch Mobile Marketing service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and In-Touch Mobile Marketing grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the In-Touch Mobile Marketing service without In-Touch Mobile Marketing's prior express written permission. Any unauthorized use of the In-Touch Mobile Marketing service will terminate the limited license granted by us. In-Touch Mobile Marketing and other marks, graphics, logos, icons and service names related to the In-Touch Mobile Marketing service are registered and unregistered trademarks or trade dress of In-Touch Mobile Marketing. They may not be used without In-Touch Mobile Marketing's prior express written permission. All other trademarks not owned by In-Touch Mobile Marketing that appear in connection with the In-Touch Mobile Marketing service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by In-Touch Mobile Marketing.
By downloading and/or using the In-Touch Mobile Marketing service, you consent to receiving electronic communications and notices from In-Touch Mobile Marketing. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By downloading and using the In-Touch Mobile Marketing 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 In-Touch Mobile Marketing service. You also agree not to interfere with the servers or networks connected to the In-Touch Mobile Marketing service or to violate any of the procedures, policies or regulations of networks connected to the In-Touch Mobile Marketing service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the In-Touch Mobile Marketing Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the In-Touch Mobile Marketing service; (3) use the In-Touch Mobile Marketing service for any unlawful purpose; or (4) resell or export the software associated with the In-Touch Mobile Marketing service. In-Touch Mobile Marketing does not promote, recommend or condone use of the In-Touch Mobile Marketing service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the In-Touch Mobile Marketing service during such activities.
You agree that In-Touch Mobile Marketing is free to use any comments, information or ideas contained in any communication you may send to In-Touch Mobile Marketing 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 In-Touch Mobile Marketing service or other products or services.
IN-TOUCH MOBILE MARKETING PROVIDES THE IN-TOUCH MOBILE MARKETING SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN-TOUCH MOBILE MARKETING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. In-Touch Mobile Marketing assumes no liability or responsibility for any errors or omissions in the In-Touch Mobile Marketing service; any failures, delays or interruptions in the In-Touch Mobile Marketing service; any losses or damages arising from the use of the In-Touch Mobile Marketing service, including, without limitation, any damage to your mobile device; or any conduct by users of the In-Touch Mobile Marketing service. We reserve the right to deliver the In-Touch Mobile Marketing service in our sole and absolute discretion.
IN NO EVENT SHALL IN-TOUCH MOBILE MARKETING, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IN-TOUCH MOBILE MARKETING SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold In-Touch Mobile Marketing and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the In-Touch Mobile Marketing service or your violation of any law or the rights of any third party.
1. Governing Law
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the In-Touch Mobile Marketing service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
In-Touch Mobile Marketing reserves the right in its sole discretion to terminate or restrict your use of the In-Touch Mobile Marketing service, without notice, for any or no reason whatsoever.
In-Touch Mobile Marketing
CEO Mark Etheridge