MobileButter Terms of Use

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Terms of Use

Terms of Use
By using the MobileButter.com website or utilizing its mobile short message services (SMS) applications, (collectively the "Products") provided by Digital Rocket, Inc., dba MobileButter, you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Accuracy of Information and Use of Information
MobileButter may deliver information, data, services and messages (“Information”) to you by or through a variety of sources including, but not limited to,MobileButter operated websites and mobile SMS applications. MobileButter Information includes, but is not limited to, information relative to a) automotive service and repair products and services, b) facilities, agents, brokers, professionals, or representatives (collectively the “Promotion Owners”) and their contact information, including, but not limited to, company, address, telephone numbers, email addresses, websites, and c) product and service pricing, features, details, discounts, promotions or other information provided by third parties including, but not limited to, partners, licensees, third-parties or other sources. While MobileButter strives to ensure that the Information delivered to you is accurate, there is no representation or warranty as to the accuracy or reliability of Information provided by MobileButter Products.

MobileButter makes no warranties or representations whatsoever with regard to a) Promotion Owner ("PO"), auto facility, product, service, offer or Information offered by any PO, and you acknowledge that any reliance on representations and warranties provided by any PO shall be AT YOUR OWN RISK.

No Recommendation
MobileButter neither recommends nor endorses any auto facility, product, service, offer, or PO named in Products or otherwise described in any Information that MobileButter may transmit.

Changes In Terms and Conditions and OILCHG Services
We may modify or terminate our products and 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 Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Participating Carriers
MobileButter products work with the following carriers: SPRINT, TMOBILE, VERIZON, NEXTEL, BOOST, ALLTEL, US CELLULAR, VIRGIN MOBILE, AT&T MOBILITY, CELLULAR ONE

Unsubscribe to Ongoing Offers
Upon request, customers may subscribe (opt-in) to receive ongoing offers; up to 3 offers per month. To unsubscribe, text STOP, END, QUIT, CANCEL or UNSUBSCRIBE.

Promotion Owner Account
All PO's of our Products shall receive a password and an account. PO's are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. A PO agrees to notify MobileButter of any unauthorized use of PO’s account or any other breach of security known or should be known to the PO. PO’s right to use the Product is personal to the PO. PO agrees not to resell or make any commercial use of the Product without the express written consent of Digital Rocket Inc.

Charges
MobileButter end-users (customers) do not incur charges from MobileButter. However separately your mobile phone carrier may charge you for usage. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any MobileButter Products. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

UNDER NO CIRCUMSTANCES WILL MobileButter BE LIABLE FOR COSTS THAT YOU MAY INCUR FOR CONNECTIONS, WIRELESS TRANSMISSIONS OR INTERNET TRANSMISSIONS AND YOU SHALL BE RESPONSIBLE FOR ALL OF YOUR MESSAGING COSTS.

Disclaimer of Warranties
MobileButter disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the MobileButter Products results. MobileButter disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. MobileButter disclaims any responsibility for any harm resulting from information or material through the MobileButter Products.

Disclaimer of Warranties, continued
OUR MobileButter PRODUCTS, AND ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN THE OILCHG PRODUCTS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MobileButter 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. MobileButter AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MobileButter PRODUCTS. MobileButter AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OUR MobileButter PRODUCTS. MobileButter AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR MobileButter PRODUCTS OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY OUR MobileButter PRODUCTS, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MobileButter PRODUCTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MobileButter PRODUCTS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE 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 MobileButter OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THEMobileButter PRODUCTS. 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 MobileButter 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 MobileButter SERVICES, FROM INABILITY TO USE THE MobileButter PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MobileButter PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MobileButter PRODUCTS OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MobileButter PRODUCTS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MobileButter PRODUCTS OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MobileButter PRODUCTS. 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 MobileButter PRODUCTS OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE MobileButter PRODUCTS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall MobileButter 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, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.