mobileStorm Terms and Conditions
Email and Wireless Text Messaging
By clicking on the “Submit” button, you agree that you have read, understand, and accept the terms and conditions below for all use of mobileStorm’s services. If you do not agree to these terms and conditions, do not subscribe.
These Terms and Conditions May Change
mobileStorm reserves the right to update or amend these Terms and Conditions at any time.
mobileStorm May Change or Suspend Services
mobileStorm and/or its clients may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof of any user for any reason.
You must be at least 18 years old to be eligible to use the Services. However, if you are at least 13 years old but not yet 18, you may use the Services if, and only if, you have your parents’ or guardians’ prior permission. No one under age 13 may use the Services under any circumstances. By clicking the “SUBSCRIBE” button you are representing that you are at least 18, or that you are at least 13 years old and have your parents permission to register for the Services.
There may be some costs associated with the use of mobileStorm and its Clients services. For example, your pager or cellular phone service provider may charge you to receive Wireless Text Messages. Neither mobileStorm, its partners, or its clients, will be held responsible for any charges related to the use of the Services.
Warranty & Disclaimer
MOBILESTORM PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. MOBILESTORM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
* Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MOBILESTORM OR ITS EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT MOBILESTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Services or any content on any of mobileStorm’s or its client’s website properties, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.
You agree to indemnify, defend and hold harmless mobileStorm, its partners, clients, employees, officers and directors, from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of mobileStorm or its client’s. Any such purported assignment or delegation by you without the appropriate prior written consent of mobileStorm or its client’s will be null and void and of no force or effect.