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4INFO Terms of Use

Effective Date: August 30, 2011

4INFO is a mobile marketing and technology company. We are the largest provider of free text message alerts and information in the United States. We also provide a technology platform that enables our clients to the deliver, track and report on text message alerts that our clients sent out via our platform, and an interactive media network to help our clients advertise via websites, WAP sites, SMS, and other forms of media. These Terms of Use are intended for consumers using, accessing or receiving test message alerts and information from 4INFO on their mobile devices, and your continued use of these services (the "4INFO Services") means that you agree to be bound by them. For our client and technology terms of use and more information on those services please go to http://www.4info.com/. All of our products and services are subject to our Privacy Policy, located at http://alerts.4info.com/privacy.

Content and Advertising provided by 4INFO

The information displayed as text message search results or text message alerts, generally will include some form of advertising. Our advertisers subsidize the content you receive in your text message alerts and text message search results through the advertising you receive or access through them. If you do not want to receive this advertising, you should not sign up to receive our text message alerts or send any text messages to our short codes.

The 4INFO Services will result in content from the Internet and other online content that is not within 4INFO's control. Using 4INFO Services may produce search results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that the 4INFO Services will not locate unintended or objectionable content and assume no responsibility for the content included in any search results by them

4INFO Services are delivered via short codes 44636, 446361, 446362, 446363, 446364, and 446365, 80676, 96362 and 28007. 4INFO text message alerts are sent at the frequency you request. 4INFO Services are compatible with the carriers listed here. Text STOP to the appropriate short code to end the 4INFO Services. Text HELP to the appropriate short code for help instructions. You may contact 4INFO at support@4info.com.

Personal Use Only

The 4INFO Services are made available for your personal, non-commercial use only. You may not use the 4INFO Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. You may not take the results from a 4INFO search and reformat and display them, or mirror the 4INFO home page or results pages on your website. If you want to make commercial use of the 4INFO Services, you must enter into an agreement with 4INFO to do so in advance. Please contact us for more information.

Restrictions on use of 4INFO Services

You may not send automated queries of any sort to 4INFO's system without our express permission.

You may not copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the 4INFO Services in any manner.

No license is expressly or implicitly granted to any content, trademark, technology or other material owned or licensed by 4INFO as a result of your use of 4INFO Services. The trademarks, names and logos of 4INFO and its licensees may not be used or displayed without 4INFO's prior permission.

Changes In Terms of Use and the 4INFO Services

We may modify or terminate the 4INFO Services from time to time, for any reason, and without notice or 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.

Charges

The 4INFO Service is delivered without charge from 4INFO. Your mobile phone carrier may charge you for usage. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of 4INFO Services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

User Conduct

All information, text, photographs, graphics, messages or other materials ("Content") that you upload or otherwise provide through the 4INFO Services is your sole responsibility and you are liable ensuring that it complies with all laws and regulations.). 4INFO does not control the Content posted via the 4INFO Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree to not use the 4INFO Services to:
  1. Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. Harm minors in any way.
  3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  5. "Stalk" or otherwise harass another.

Disclaimer of Warranties

THE 4INFO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE 4INFO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 4INFO AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY SECURITY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ALL USE OF THE 4INFO SERVICES AND ANY MATERIAL PROVIDED THROUGH THEM IS 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 4INFO OR ITS LICENSORS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, (EVEN IF 4INFO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 4INFO AND ITS LICENSEES ASSUME NO LIABILITY FOR YOUR USE OF ANY MATERIAL ACCESSED OR RECEIVED THROUGH THE 4INFO SERVICES OR FOR ANY FAILURE OF THE 4INFO SERVICES TO PERFORM AT ANY LEVEL OR IN AN ACCURATE, SECURE OR TIMELY FASHION. 4INFO’S LIABILITY FOR ANY CAUSE OF ACTION ARISING HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO 4INFO OR THE APPLICABLE MOBILE CARRIER FOR THE SPECIFIC 4INFO SERVICES THAT GIVE RISE TO SUCH A CLAIM. THESE LIMITATIONS 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.

Miscellaneous Provisionss

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, 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 Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use 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 Use will be effective only if in writing and signed by 4INFO.