TERMS OF USE
PLEASE READ! https://startmobilemarketing.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF https://startmobilemarketing.com ARE REQUIRED CONSIDERATIONS FOR https://startmobilemarketing.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH https://startmobilemarketing.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF https://startmobilemarketing.com.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO https://startmobilemarketing.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH https://startmobilemarketing.com OR ITS CONTENTS IN ANY MANNER. https://startmobilemarketing.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
https://startmobilemarketing.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://startmobilemarketing.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW https://startmobilemarketing.com, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
Start Mobile Marketing.com and Thrift Store Mobile Marketing Terms of Use
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome to Start Mobile Marketing.com a product of Page Up Consulting. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Use. Thank you.
Acceptance of Terms of Use
By downloading and using Start Mobile Marketing.com (“Start Mobile Marketing.com”, “we” or “us”), a product of Page Up Consulting, Start Mobile Marketing.com or Start Mobile Marketing.com WAP Services (collectively, the “Start Mobile Marketing.com Service”), you accept and agree to be bound by these Terms of Use. Start Mobile Marketing.com may at any time modify these Terms of Use. You can review the most current version of it by clicking on the “Terms of Use” link located at the bottom of the Start Mobile Marketing.com website. The most current version will supersede all previous versions. By continuing to use the Start Mobile Marketing.com service after changes are made, you agree to be bound by such changes.
Limitations on Use
You must be at least 13 years old to download and use the Start Mobile Marketing.com service, or, if you are not at least 13, you may download and/or use the Start 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 Start Mobile Marketing service.
Start Mobile Marketing.com reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion.
Charges for Using the Start Mobile Marketing.com Service
When you use the Start Mobile Marketing.com service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Start Mobile Marketing.com Text message (SMS) Service
To opt in or subscribe to Start Mobile Marketing.com or ThriftStoreMobileMarketing.com, you can register by sending a text message* with the “keyword” advertised to 71441 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 Start Mobile Marketing.com or ThriftStoreMobileMarketing.com text message service. For more information, check your mobile phone service plan or visit your carrier’s website.
After you install or register for the Start Mobile Marketing.com 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 71441 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 Start Mobile Marketing.com or ThriftStoreMobileMarketing.com text message service, you may email us at helpdesk@pageupconsulting.com or 757-541-8455.
You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to 71441.
* coupons maybe not be available on all mobile devices.
List of carriers supported by Start Mobile Marketing.com:
AT&T
Sprint
Verizon Wireless
U.S. Cellular®
T-Mobile
Cellular One Dobson
Cincinnati Bell
Alltel
Virgin Mobile USA
Cellular South
Unicel
Centennial
Ntelos
Metro PCS
Coupon Providers
Neither Start Mobile Marketing.com nor ThriftStoreMobileMarketing.com is not responsible for evaluating or examining the individuals, companies or businesses offering the coupons obtained through the service. We are 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, we are 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.
Privacy
Any information that you submit or we collect when you are using the Start Mobile Marketing.com service is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.
Intellectual Property
Start Mobile Marketing.com and/or its licensors are the sole owners of the Start Mobile Marketing.com service, which includes any software, method of doing business, domains, and content made available through it. The Start Mobile Marketing.com 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 Start Mobile Marketing.com 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 Start Mobile Marketing.com service without Start Mobile Marketing.com’s prior express written permission. Any unauthorized use of the Start Mobile Marketing.com service will terminate the limited license granted by us. Start Mobile Marketing.com and other marks, graphics, logos, icons and service names related to the Start Mobile Marketing.com service are registered and unregistered trademarks or trade dress of Start Mobile Marketing.com. They may not be used without Start Mobile Marketing.com’s prior express written permission. All other trademarks not owned by Start Mobile Marketing.com that appear in connection with the Start Mobile Marketing.com service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Start Mobile Marketing.com.
Electronic Communications
By downloading and/or using the Start Mobile Marketing.com service, you consent to receiving electronic communications and notices from Start Mobile Marketing.com. 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.
Your Conduct
By downloading and using the Start Mobile Marketing.com 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 Start Mobile Marketing.com service. You also agree not to interfere with the servers or networks connected to the Start Mobile Marketing.com service or to violate any of the procedures, policies or regulations of networks connected to the Start Mobile Marketing.com service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Start Mobile Marketing.com Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Start Mobile Marketing.com service; (3) use the Start Mobile Marketing.com service for any unlawful purpose; or (4) resell or export the software associated with the Start Mobile Marketing.com service.
Start Mobile Marketing.com does not promote, recommend or condone use of the Start Mobile Marketing.com service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Start Mobile Marketing.com service during such activities.
Use of Information Submitted
You agree that Start Mobile Marketing.com is free to use any comments, information or ideas contained in any communication you may send to Start Mobile Marketing.com 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 Start Mobile Marketing.com service or other products or services.
No Warranty & Liability Limit
START MOBILE MARKETING.COM PROVIDES THE START MOBILE MARKETING SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. START 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. Start Mobile Marketing.com assumes no liability or responsibility for any errors or omissions in the Start Mobile Marketing.com service; any failures, delays or interruptions in the Start Mobile Marketing.com service; any losses or damages arising from the use of the Start Mobile Marketing.com service, including, without limitation, any damage to your mobile device; or any conduct by users of the Start Mobile Marketing.com service. We reserve the right to deliver the Start Mobile Marketing.com service in our sole and absolute discretion.
IN NO EVENT SHALL START MOBILE MARKETING.COM, 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 START MOBILE MARKETING.COM 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.
Indemnity
You agree to indemnify and hold Start Mobile Marketing.com 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 Start Mobile Marketing.com service or your violation of any law or the rights of any third party.
Disputes
1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND START MOBILE MARKETING.COM arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the Start Mobile Marketing service, Start Mobile Marketing.com’s advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND START MOBILE MARKETING.COM, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Start Mobile Marketing.com”) arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the Start Mobile Marketing service, Start Mobile Marketing.com’s advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Start Mobile Marketing. NEITHER YOU NOR START MOBILE MARKETING.COM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the Start Mobile Marketing.com 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.
Right to Terminate
Start Mobile Marketing.com reserves the right in its sole discretion to terminate or restrict your use of the Start Mobile Marketing.com service, without notice, for any or no reason whatsoever.
General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Start Mobile Marketing.com with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms of Use or the download and/or use of the Start Mobile Marketing Use, please contact us at: solutions@pageupconsulting.com
Page Up Consulting
Start Mobile Marketing.com
ThriftStoreMobileMarketing.com
CONTACT INFORMATION
The Seller of this product is:
Mailing address:
1385 Fordham Drive Ste 105-255
Va Beach, VA 23464
US
Contact Email: agent@pageupconsulting.com, All Rights Reserved.
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