Terms of Service

Promobilize is affiliated with TextCaster, see www.textcaster.com. Promobilize is a service owned by Independent Technology Consulting, Inc., hereinafter in this Terms of Service agreement, referred to as ITC.

Acceptance to Terms of Service

By using the Promobile service, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these terms and conditions, do not use the Promobilize service. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by ITC.

No Automated Requests

You may not send automated requests of any kind to the Promobilize system without express permission in advance from Promobilize. You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the service in any manner.

Unsubscribe

You may stop messages at any time by replying to a Promobilize text message with word 'STOP'. If you would prefer not to use your phone to unsubscribe, you can send an email message to unsubscribe@promobilize.com and be sure to include your phone number and the list or lists you would like to be removed from.

Cost of service

The Promobilize service is provided to you free of charge. However, your wireless carrier may charge service fees for receiving and sending text messages and/or require the use of airtime and wireless data services for services. Promobilize does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will we be responsible for fees that your wireless carrier may charge you. Promobilize reserves the right, in its sole discretion, to terminate your subscription and access to any  Promobilize service at any time, without notice.

Eligibility

You must be at least 18 years old to be eligible to use the service. However, if you are at least 13 years old but not yet 18 years old, you may use the services if you have prior permission from your parent or guardian. No one under age 13 may use the services under any circumstances. By using the Promobilize service you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to utilize the service.

Comments and Submissions

We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Promobilize shall be and remain the exclusive property of Promobilize. Your submission of any such Comments shall constitute an assignment to Promobilize of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Promobilize will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Promobilize expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Intellectual Property

All trademarks, names and logos used on this site (promobilize.com) or delivered via Promobilize service are owned by ITC (unless otherwise stated). Your use of the service and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly implied, granted within or as a result of your use of Promobilize service or this site. Without Promobilize's prior permission, you agree not to display or use in any manner, the Promobilize trademarks, names and logo.

Disclaimers

Promobilize does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users or customers. Promobilize disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Promobilize disclaims any responsibility for any harm resulting from information or material through the Promobilize service.

THE PROMOBILIZE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PROMOBILIZE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PROMOBILIZE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROMOBILIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROMOBILIZE SERVICE. PROMOBILIZE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PROMOBILIZE SERVICE. PROMOBILIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROMOBILIZE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE PROMOBILIZE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE PROMOBILIZE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PROMOBILIZE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PROMOBILIZE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PROMOBILIZE SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROMOBILIZE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PROMOBILIZE SERVICE, FROM INABILITY TO USE THE PROMOBILIZE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROMOBILIZE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROMOBILIZE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE PROMOBILIZE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PROMOBILIZE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE PROMOBILIZE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROMOBILIZE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PROMOBILIZE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PROMOBILIZE AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).

Without limiting the foregoing, under no circumstances shall Promobilize or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Indemnity

You agree to indemnify, defend and hold harmless ITC, its employees, officers and directors, or Clients 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 service; (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 service.

Assignment

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 Promobilize. Any such purported assignment or delegation by you without the appropriate prior written consent of Promobilize will be null and void and of no force or effect.

Changes to TOS

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Effective Date: May 31, 2007