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4INFO Terms of Use

Effective Date: December 4, 2009

4INFO is a mobile marketing and technology company. We focus primarily upon three areas of business: 1) we are the largest provider of free text message alerts and information in the United States; 2) we 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; 3) we offer an interactive media network to help our clients advertise via websites, WAP sites, SMS, and other forms of media.

By using this Website and / or purchasing, registering for or otherwise receiving products and services from 4INFO via this Website or via other means (the "4INFO Services"), you agree to adhere to the following Terms of Use. If you do not agree to adhere to these Terms of Use you may not use the 4INFO Services.

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 are essentially subsidizing the content you receive in your text message alert. If you don't want to receive advertising, you should not sign up to receive our text message alerts or send any text messages to our short codes.

The 4INFO Services represent the commercially reasonable efforts of 4INFO. A search using 4INFO Services may produce search results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a 4INFO search will not locate unintended or objectionable content and assume no responsibility for the content included in any search results by the 4INFO Services.

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

Content and Advertising provided by Partners

Audio Alerts are provided by Lexy, and are subject to the Lexy Terms of Services. You may view these at the Lexy Web site at http://www.lexy.com/about/tos.

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 Web site. 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.

No Automated Querying

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

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 4INFO Services in any manner.

Changes In Terms of Use and the 4INFO Services

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 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.

Trademarks, Names and Logos

All trademarks, names and logos used on this Website or delivered via 4INFO Services are owned by 4INFO (unless otherwise stated). Your use of 4INFO Services does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this Website. No license is expressly or implicitly granted within or as a result of your use of 4INFO Services or this Website. The 4INFO trademarks, names and logo may not be used or displayed without 4INFO's prior permission.

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 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 4INFO shall be and remain the exclusive property of 4INFO. Your submission of any such Comments shall constitute an assignment to 4INFO of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. 4INFO 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. 4INFO 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, which is located at http://www.4info.com/privacy/.

User Conduct

The 4INFO Services may offer you the ability to upload or otherwise provide your own Content (defined below). You understand that all information, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 4INFO, are entirely responsible for all Content that you transmit or otherwise make available via the 4INFO Services. 4INFO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the 4INFO Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 4INFO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

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

4INFO 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 4INFO Services. 4INFO disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 4INFO disclaims any responsibility for any harm resulting from information or material through the 4INFO Services.

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 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. 4INFO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE 4INFO SERVICES. 4INFO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE 4INFO SERVICES. 4INFO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE 4INFO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 4INFO SERVICES 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 ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE 4INFO SERVICES. 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 4INFO 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 4INFO SERVICES, FROM INABILITY TO USE THE 4INFO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE 4INFO SERVICES (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 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES. 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 4INFO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE 4INFO SERVICES. 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 4INFO 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.

Miscellaneous Provisions

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.