MobiHit™ Member Terms

Last Updated: May 16, 2011

Welcome to the MobiHit™ website located at www.MobiHit.net (the "Website"). The Website and MobiHit service (the "Service") are each owned and operated by MobiHit LLC ("MobiHit," "we" or "us"). By using and/or accessing the Website and/or Service, you are agreeing to comply with, and be bound by, the following MobiHit Member Terms, as well as the MobiHit Privacy Policy, MobiHit Official Sweepstakes Rules ("Sweepstakes Rules") and any other MobiHit operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, "Member Terms"). Please review the Member Terms carefully. If you do not agree to the Member Terms in their entirety, you are not authorized to use the Website or the Service.

We may amend the Member Terms from time to time without specific notice to you except that any amendment or modification (i) to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") or (ii) to the pricing and/or billing provisions ("Billing Provisions"), won't apply to any disputes or charges incurred prior to the applicable amendment or modification. Your continued use of the Service or the Website constitutes your agreement to any changes to the Member Terms in effect at that time other than (i) the price, which we will not change and (ii) changes to the Dispute Resolution Provisions or the Billing Provisions, which will apply only on a going forward basis as noted above. We will post the latest Member Terms on the Website. Therefore, you should regularly check the Website for any updates or changes.

Summary of Mobile Terms and Conditions

The following summary is intended to present certain important aspects of your relationship with MobiHit. For complete details, please review the remainder of the Member Terms.

MobiHit is an entertaining text alert mobile subscription service that provides its Premium Members with weekly text alerts containing exciting facts. The Service costs $9.99 a month billed to your mobile phone bill or deducted from your prepaid account. Message and data rates may apply. More alerts available at no additional charge upon subscriber request. We reserve the right to not accept prepaid mobile phone accounts. You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf. You must have a mobile phone capable of text messaging and a mobile plan that supports text messaging.

You can cancel your Premium Membership at any time by texting STOP to 80494 or by calling 800-360-6829. You can get customer service by texting HELP to 80494, by visiting www.MobiHit.net/support.

When you subscribe (a "Premium Membership"), we will send weekly alerts to your mobile phone via text message. You can get additional alerts by texting MORE to 80494. There are no additional fees/charges for using this feature; message and data rates may apply. By subscribing for a Premium Membership, you expressly agree to receive at least one text message a week from us.  We award Reward Points when you receive an alert; we'll establish an account to keep track of your reward points. You may redeem reward points for physical merchandise or in the form of codes sent to your email account.

 
Currently, we are promoting the Service with the MobiHit First Giveaway sweepstakes (the "Sweepstakes") which is governed by the Sweepstakes Rules.  As provided for in the Sweepstakes Rules, you will automatically receive one (1) entry into the Sweepstakes  when you successfully sign-up for your Premium Membership, and one (1) additional Sweepstakes entry each month your Premium Membership is successfully renewed during the "Promotion Period" as that term is defined in the Sweepstakes Rules. We provide an alternative no cost means of entering the Sweepstakes as described in the Sweepstakes Rules.  After the Sweepstakes expires, we reserve the right to discontinue offering a sweepstakes associated with the Service or offer a new sweepstakes with such rules and other terms as we may publish or otherwise specify.  More information about the Sweepstakes can be found in the Sweepstakes Rules.

Mobile Phone Safety; Messaging Charges; International

MobiHit urges you to never use your mobile phone to access the Service while operating a car or other motorized vehicle or in any other situation where accessing the Service is unsafe, and you expressly agree, as a condition of your subscription to the Service, that you will not do so. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES, OR ANY OTHER LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE IS UNSAFE TO YOU OR ANY THIRD PARTY.

You should be aware that we will regularly be sending you text messages. As messaging and data charges may apply to these text messages, you may wish to consider a data or text messaging plan that provides unlimited text messaging for a fixed monthly fee to avoid per message charges.

If you travel internationally, you should also be aware that some wireless carriers impose extra charges for text messages received when you are outside of the country, even if you are on a text messaging plan that provides unlimited text messaging domestically for a fixed monthly fee. Please check with your wireless carrier if you plan to travel internationally.

Terms of Service

1. REGISTRATION

1.1 Premium Membership; Registration Information: You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe for a Premium Membership. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf.

To apply for Premium Membership, you must provide us with certain required information ("Registration Information"). You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If we determine that your Registration Information is untrue, inaccurate, not current or incomplete, then we may suspend or terminate your Premium Membership.

To apply for a Premium Membership, you must dial 866-949-4976 using your mobile phone and complete both steps of the double opt-in process by following the instructions of the integrated voice response system ("IVR"). Currently, you can also initiate sign-up via a WAP page (a browser page on your mobile phone); we may use or develop other means of initiating sign-ups for the Service such as on the Internet, television or print ads.

For sign-ups initiated via IVR or WAP page, if your application is approved, we will request a confirmation of signup such as requesting a reply or sending a confirmation PIN Number to the mobile phone number that you provided with your application. By replying "YES" via text message to the confirmation text message that we sent to your mobile phone, or by completing all steps of any other sign-up procedure that we may use, you acknowledge and agree that: (i) you will be enrolled in a subscription-based premium service at $9.99 per month ("Monthly Fee") that will be billed to your mobile phone account or deducted from your prepaid account (message and data rates may apply); (ii) the Monthly Fee will appear on your monthly mobile phone bill as "MobiHit" (this may vary depending on your mobile phone carrier, however, please be advised that MobiHit and your mobile phone carrier are not affiliated); (iii) you have read, understood and agree to the MobiHit Member Terms, Privacy Policy and Sweepstakes Rules in their entirety and (iv) if we are unable to bill the Monthly Fee you agree that your Premium Membership will be automatically cancelled.

You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Premium Membership by your electronic signature. Once you confirm your application for a Premium Membership by entering the PIN number or by replying to the confirmation text message, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Member Terms. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures.

While you are a Premium Member, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Premium Membership does not constitute a basis for refusing to pay any of the Monthly Fee. If a Premium Member cancels their Premium Membership, we will not refund any fees that have already been paid.

1.2 Minors: If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of the Website and/or Service; (ii) assume all risks associated with the minor's use of content received through the Website and/or Service, as well as the minor's transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor's use of Service, including payment obligations associated with their Premium Membership; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all Registration Information submitted by the minor.

1.3 Your Account: Upon our approval of your Premium Membership application, we will establish an account for you ("Account") to keep track of your Reward Points (defined below). Premium Members will be granted access to the Website by means of a user ID ("User ID") and password or their PIN (collectively, "Password") which we shall provide. You are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your Account and we will not be responsible for any unauthorized use of your Account. Although we have no obligations arising from unauthorized use of your Account, you should immediately notify us through our customer service contact information if there is any unauthorized use of your User ID, Password or Account.

2. SERVICE

2.1 Service Description: MobiHit is a mobile subscription service that provides alerts for entertainment purposes. When you become a Premium Member, we will send you weekly alerts ("Alerts") about exciting facts to your mobile phone via text messaging. You may request additional Alerts by texting MORE to 80494. There are no additional fees/charges for using this feature; message and data rates may apply.

You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Alerts.

In addition, Premium Members may automatically be entered into the current sweepstakes drawing if we are currently offering a sweepstakes. More information about the Sweepstakes can be found below in Section 3.

2.2 Reward Points; Reward Point System: When a Premium Member receives an Alert, we will grant Reward Points ("Reward Points"), which may be redeemed for rewards ("Rewards") selected by the Premium Member from a catalog made available on the Website ("Rewards Catalog"). In addition, we may award Reward Points and/or specific Rewards, from time to time, for taking specific actions. Please check the Website for special promotions and the "Frequently Asked Questions" for other circumstances where we may award Reward Points. The award of Rewards and Reward Points, the process of redeeming Reward Points for specific Rewards, and the delivery of those Rewards to Premium Members, comprises the "Reward Points System." Reward Points are not redeemable for cash and have no cash value.

We may terminate the Reward Points System at any time for Premium Members, upon thirty day's advance notice via text message to the mobile phone number that the Premium Member provided during registration. Reward Points expire 550 days (approximately 18 months) after the last date on which you receive a Reward Point. After expiration, expired Reward Point balances will be deducted from your Account and will not be available for redemption for Rewards.

Premium Members' Reward Point balances will be displayed on the Account Summary page of the Website, as well as on the Rewards Catalog page when a Premium Member is logged into their Account. When a Premium Member redeems a Reward, we will deduct the corresponding number of Reward Points from that Premium Member's Account. Our accounting of a Premium Member's then-current Reward Point balance is definitive and final, provided that we may make adjustments if there is an error.

Rewards featured in the Rewards Catalog, or in any advertisement or marketing material ("Advertisement"), are subject to availability and we may change or remove a Reward at any time without notice and may also change the number of Reward Points required to redeem a particular Reward. We reserve the right to substitute out-of-stock, discontinued or otherwise unavailable Rewards with articles of equal or greater value. We reserve the right to correct or void attempted redemptions attributable to typographical or other errors in the Rewards Catalog such as inadvertent misstatements of the number of Reward Points required for a particular Reward item.

Rewards may be: (a) in the form of codes sent to the Premium Member's email account ("Email Reward Codes"); or (b) physical goods ("Physical Rewards").

Email Reward Codes : You will be asked to provide an email address when you redeem Reward Points for an Email Reward Code. You are responsible for the accuracy of your email addresses and should ensure that you are able to receive emails from MobiHit, as misdirected or non-delivered Email Reward Codes will not be replaced. We assume no responsibility for properly directed email containing Email Reward Codes that are not received by Premium Members due to email filtering or restriction by a Premium Member's Internet Service Provider, email provider, email software, spam filter software or other software, hardware or service outside of our control.

Physical Rewards : You will be asked to provide a shipping address when you redeem Reward Points for a Physical Reward. We will pay all shipping and handling fees associated with Physical Rewards.

The Rewards featured in the Catalog, the Advertisements, the Website and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Rewards should be communicated to the applicable Reward Manufacturer and not to us.

Trademarks associated with any of the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate endorsement, sponsorship or affiliation by the trademark owners of or with us or any of our promotions.

3.  SWEEPSTAKES:   We may offer sweepstakes from time to time.  We are currently offering the MobiHit First Giveaway sweepstakes which provides for a contingent $50,000 Grand Prize.  The Sweepstakes provides a no cost alternative means of entry; individuals who avail themselves of this form of entry are referred to as "Free Entrants." The selected entry's Grand Prize Key (last two digits of mobile number for Premium Members or two digit number selected by Free Entrants upon registration) must match, exactly and in order, the two digit number selected before the promotion period to win the Grand Prize.  Please refer to the applicable Sweepstakes Rules (http://MobiHit.net/rules) for eligibility, how to enter (including how to enter at no-cost), and other terms and conditions.

All sweepstakes are offered in our exclusive discretion and we may discontinue offering a sweepstakes or offer a new sweepstakes with such rules and on such terms as we may specify.  Participation in a sweepstakes shall be governed by the applicable sweepstakes rules which will posted on the Website.

4. TERMINATION/CANCELLATION; CUSTOMER SERVICE:

4.1 Termination - Premium Members: A Premium Member may cancel their Premium Membership at any time by: (i) texting STOP to 80494; (ii) contacting us on the customer service section of the Website located at www.MobiHit.net/support; or (iii) calling our toll free number: 800-360-6829. There is no charge to terminate a Premium Membership. We will not refund Monthly Fees paid prior to the termination date and the Premium Member will remain liable for any unpaid charges previously billed to the Premium Member's mobile phone bill.

We reserve the right to cancel any Premium Member's Premium Membership at any time by refunding any pre-paid Monthly Fees for the then-current month or by not renewing a Premium Membership after the then-current billing period.

If at any time any Premium Member fails to or refuses to pay for the Service or seeks or obtain a refund for Service previously rendered, we have the right to terminate the Premium Member's Account without prejudice to our other rights.

Any requests for refunds of Monthly Fees paid by a Premium Member must be submitted to us and shall be granted in our sole discretion. If any Premium Member obtains a refund for the Service from both their mobile phone carrier and from us for the same period of Service, then the Premium Member agrees to reimburse us for the duplicate refund by repaying to us the amount of any refund that the Premium Member obtained from us that is in addition to the refund the Premium Member obtained from their mobile phone carrier.

Where a Premium Member transfers their mobile phone number to a different carrier, we are required by carrier regulations to cancel the Premium Member's Premium Membership.

4.2 Termination For Cause; Disputes: If we believe that any Premium Member is violating the Member Terms, we may terminate the Premium Member's Account without notice and without further obligation to the Premium Member. In that event, the Member's Reward Points will expire immediately, such Premium Member will no longer be able to log on to the Website, and the license to use the Service and Website shall immediately terminate.

Each Premium Member's sole recourse with respect to any dispute with us is to cancel their Premium Membership except that with respect to any Sweepstakes issue, the applicable Sweepstakes Rules shall prevail.

4.3 Customer Service: Premium Members may obtain support at any time through the Website at www.MobiHit.com/support. Premium Members may also get support by calling toll free, 800-360-6829 or by texting HELP to 80494 at any time to receive summary information about their Accounts and instructions on how to access additional customer service.

5. ACCEPTABLE USE

5.1 Use: You agree not to interfere, permit the use of your Premium Membership or Account by another to interfere, with the normal processes or use of the Service by other Premium Members, including by attempting to log in to the Accounts of other Premium Members, attempting to access administrative areas of the Website, attempting to systematically extract Alerts or other content from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of the Member Terms by others that you become aware of by contacting us at: abuse@MobiHit.net.

5.2 U.S. Compliant: The Website is hosted in the U.S., is intended to be compliant only with U.S. laws and regulations, and is intended for use only in the U.S. You agree that you will not access the Website or use the Service outside the U.S.

5.3 Necessary Equipment and Services: Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages for which a charge appears on your mobile phone bill. The Service is not available on certain mobile phone service provider platforms. Use of other aspects of the Service requires access to the Internet and the Website through which your Service is configured, customized and controlled.

5.4 Content: We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Alerts or links to other content or services that may be distributed as Alerts or otherwise on or through the Website. The Alerts contain information and material provided by us and our third party suppliers. We undertake no responsibility to monitor or otherwise police the Alerts. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Alerts. We do not represent or warrant that any content posted on the Website and/or any Alerts sent to you via text message is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service, Alerts and/or Sweepstakes, or for any dispute between you and other Premium Members or other third parties.

6. GENERAL PROVISIONS

6.1 License Grant: As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content), and as a Premium Member, the Service and the Alerts in accordance with the Member Terms. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Alerts for your own personal, non-commercial use. No part of the Website, Service and/or Alerts may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Service, Alerts or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Website, Service, or Alerts, except as expressly permitted by us. We reserve any rights not explicitly granted in the Member Terms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Service and/or Alerts. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and/or Alerts and to register for a Premium Membership. Website visitors are not authorized to access any content and/or data available to Premium Members.

6.2 Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Alerts are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or Alerts is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Alerts. Our posting of information and/or material at the Website, Service and/or Alerts does not constitute a waiver of any right in such information or materials.

6.3 Privacy Policy: The Member Terms incorporates by reference the terms and conditions of our Privacy Policy to which the use of the Website, Service and/or Alerts is subject. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Alerts and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.

6.4 Indemnification: You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website, Service, Sweepstakes, Alerts or other content; (ii) your breach of the Member Terms; (iii) your violation of any rights including, but not limited to, intellectual property rights of another Premium Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications.

6.5 Disclaimer: THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND OTHER CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, SERVICE, SWEEPSTAKES, ALERTS, REWARD POINT SYSTEM, REWARDS AND/OR OTHER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE MEMBER TERMS. THE WEBSITE, SERVICE AND/OR ALERTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.

6.6 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR PREMIUM MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLEDGE THAT THE WEBSITE, THE SERVICE AND/OR THE ALERTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHO WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH AN "AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS. YOU AGREE NOT TO SUE ANY MOBIHIT AFFILIATE FOR OUR NON-PERFORMANCE.

6.7 Disputes: The Website and Service are hosted in the U.S.  Any dispute hereunder shall be governed by the laws of the State of New York, without regard to conflict of law provisions. Should a dispute arise concerning the terms and conditions of the Member Terms or the breach of the Member Terms by MobiHit, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforcement of these Member Terms including any claim that all or any part of these Member Terms, including this provision, are unenforceable. Any award rendered shall be final and conclusive to the parties and a judgment may be entered in any court of competent jurisdiction. Nothing in these Member Terms shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MobiHit and its employees, officers, directors, members, representatives, and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that MobiHit incurs in seeking such relief. The Member Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually against MobiHit and its employees, officers, directors, members, representatives, and assigns. The provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

6.8 General Provisions: The Member Terms constitutes the entire agreement between the parties regarding the use of the Service and the Website and supersedes all prior or contemporaneous communications between the user and us with respect to the Website and the Service. Notwithstanding the foregoing, to the extent there is a conflict between the applicable Sweepstakes Rules and other provisions of the Member Terms, the applicable Sweepstakes Rules shall govern as to the terms associated with the Sweepstakes. Our failure to exercise or enforce any right or provision of the Member Terms shall not operate as a waiver of such right or provision. The section titles in the Member Terms are for convenience only and have no legal or contractual effect. If any provision of the Member Terms is deemed unlawful, void or unenforceable, the remaining provisions of the Member Terms will remain in full force and effect. Any aspect of the Service is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Member Terms. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Member Terms. The Member Terms shall not be construed against either party by reason of their drafting.

A printed version of the Member Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Member Terms and shall be subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions: Please contact us through our support contact form with any questions regarding the Member Terms.