Terms of Service

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SERVICES PROVIDED BY MOBILEIMPULSES.COM. YOUR VIEWING OR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO, VIEWING OR USE OF INFORMATION, DATA, TEXT, SOFTWARE, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS (COLLECTIVELY THE "CONTENT") AND VIEWING OR USE OF RESOURCES INCLUDING, VARIOUS COMMUNICATION TOOLS, PERSONALIZED CONTENT AND PERSONALIZATION SERVICES AVAILABLE THROUGH OUR NETWORK OF PROPERTIES (COLLECTIVELY THE "SERVICE") WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER REFERRED COLLECTIVELY AS "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. MOBILE IMPULSES MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF MOBILEIMPULSES.COM WILL CONSTITUTE YOUR AGREEMENT, ON TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT MOBILEIMPULSES.COM GOVERNING YOUR USE OF PARTICULAR INFORMATION, FEATURES, SERVICES AND APPLICATIONS AVAILABLE THROUGH MOBILEIMPULSES.COM.

Section 1. USE.

MobileImpulses.com is provided solely for the use of current and potential Mobile Impulses customers to interact with Mobile Impulses and may not be used by any other person or entity, or for any other purpose. The use of automated dial-in or inquiry devices to obtain information through MobileImpulses.com is strictly prohibited. Mobile Impulses does not accept ideas, concepts, or techniques for new services or products through MobileImpulses.com. If such information is received, it will not be considered confidential and MobileImpulses will be deemed free to use, communicate and exploit such information in any manner it chooses.

You agree to not use the Service to:

upload, post, email, 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Mobile Impulses official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
stalk or otherwise harass any person; or
collect or store personal data about other users.

Section 2. CONTENT MADE AVAILABLE ON OUR SITE.

You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content is originated. This means that You, and not Mobile Impulses, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the site. Mobile Impulses does not control the Content posted on some portions of our site especially the members area and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using our site, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mobile Impulses be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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.

Section 3. YOUR REGISTRATION OBLIGATIONS

In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form (such information being the "Profile Information") and (b) maintain and promptly update the Profile Information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Mobile Impulses has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mobile Impulses has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).

When You register with MobileImpulses.com, You will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and You are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify Mobile Impulses of any unauthorized use of Your User I.D. and Password, and (b) ensure that You exit from Your MobileImpulses.com session at the end of each visit.

Section 4. MODIFICATIONS TO MobileImpulses.COM

MobileImpulses.com and its Content and Service may be changed, deleted or updated without notice.

Section 5. TERMINATION

Mobile Impulses may discontinue, suspend or modify MobileImpulses.com at any time without notice, and Mobile Impulses may block, terminate or suspend Your and any user's access to MobileImpulses.com at any time for any reason in its sole discretion, even if access continues to be allowed to others. Further, You agree that Mobile Impulses shall not be liable to You or any third-party for any termination of Your access to the Service.

Section 6. DISCLAIMER OF WARRANTY

MOBILEIMPULSES.COM AND ITS CONTENT AND SERVICE ARE PROVIDED "AS IS". MOBILE IMPULSES AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND SERVICE AND YOUR ABILITY OR INABILITY TO USE MOBILEIMPULSES.COM AND ITS CONTENT AND SERVICE.

Section 7. LIMITATION OF LIABILITY

USE OF MOBILEIMPULSES.COM AND ITS CONTENT AND SERVICE IS AT YOUR SOLE RISK. MOBILE IMPULSES WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE MOBILEIMPULSES.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED MOBILE IMPULSES OF THE POSSIBILITY OF SUCH DAMAGES.

Section 8. INDEMNITY

You hereby release, and agree to indemnify and hold harmless Mobile Impulses and its subsidiaries, affiliates, partners and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of MobileImpulses.com and its Content or Service.

Section 9. LINKS TO OTHER SITES

There are links on MobileImpulses.com site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Mobile Impulses. Mobile Impulses makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Mobile Impulses has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 10. PRIVACY POLICY.

In order to ensure that Mobile Impulses is able to provide high quality services which are responsive to customer needs, You must consent to Mobile Impulses employees being able to access Your account and records on a case by case basis to investigate complaints or other allegations or abuse. Mobile Impulses shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of "Terms of Use" may result in immediate deletion of a users account. For more information, see our full privacy policy at http://www.mobileimpulses.com/privacy_policy.htm.

Last Updated: March 5th, 2005