Legal Notices and Terms of Use

(Last update: July 21, 2009)

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.

Legal Notices, Use of Site

Welcome to this Web site (the “Site”), which is owned and operated by Mobile Messaging Solutions (throughout these Terms of Use “Mobile Messaging Solutions” or “mms” refers collectively to Mobile Messaging Solutions, Inc. and its subsidiaries, affiliates and related companies). mms maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (”Terms of Use”). mms reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes of a personal and non-commercial nature; (b) the content may not be modified or altered in any way; and (c) you agree to retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not reproduce, republish, or publically display, perform or distribute, or otherwise use the materials or content of this site for any public or commercial purpose or prepare any modification or prepare derivative works based on the contents from the Site.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mms or any third party included on the Site, without the express written consent of mms or such third party. You may not use any meta tags or any other “hidden text” utilizing mms’s or any third party’s name or trademarks without the express written consent of mms or such third party. You may not use any mms or third party logo or other proprietary graphic or trademark as part of the link without express written permission. Any use of these materials on any other website or networked computer environment for any purpose not authorized by mms in writing is prohibited.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by mms, and you must immediately destroy any downloaded or printed materials.

Any statements contained within the Site concerning mms’s future prospects are “forward looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.

Reviews, Comments, Communications, And Other Content

mms does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Personally identifiable information that you submit to mms for the purpose of receiving products or services will be handled in accordance with mms’s on-line Privacy Statement described below.

By submitting content or information, you grant mms a fully paid, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content, either alone or in conjunction with mms products and services, throughout the world in any media or format. By submitting content or information you also represent and warrant that the information or content is accurate; you own or have permission to use and submit the information or content; and that use of the content will not violate the rights of any third party or cause injury to any person or entity. You agree to defend, indemnify, and hold harmless mms, employees, attorneys, and agents (”Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may suffer as a result of content or information you supply.

Products and Services Offered By mms on the Site

When you enroll to obtain a product or service from mms on the Site, you accept the specific agreement terms and conditions applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, mms does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, virus-free or error-free.

A Message to those who participate in any mms Alerts Texting Program

The mms Alerts are designed to update interested individuals (“Messaging Participants”) about mms news and events. After entering your phone number and clicking enter in a website form, or opting-in by text messaging, you will be automatically subscribed to receive complimentary periodical text message updates from mms Alerts. The Messaging Participants may cancel their subscription at any time by sending the word STOP to 41461 Short Code. The words END, CANCEL, UNSUBSCRIBE, and QUIT are also opt-out words associated with this program. Subscribers in need of assistance must send the keyword HELP to 41461 Short Code. The mms Alerts Messaging Service is provided without charge, outside of the standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas. mms is not responsible for any charges from the cellular phone provider made to the participant. Supported Carriers: Verizon Wireless, AT&T, Sprint, T-Mobile, U.S. Cellular, ALLTEL, Nextel, Boost, Cincinnati Bell, RCC Unicel, Cellular One Dobson.

Please contact us with any questions or concerns about the mms Alerts Messaging Service via email to support@mms.us or by calling (800) 288-9549.

Patent Information

mms owns or has rights to one or more United States and international patents. Such patented inventions are the exclusive property of mms or its licensors, and mms and its licensors, as applicable, reserve all rights in such patented inventions not specifically granted in any agreements or in these Terms of Use.

Copyright Information

The Site and the content within the Site are the property of mms or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software applications used on and in connection with this Site are the exclusive property of mms. mms reserves all rights in the Site and its content not specifically granted in any agreements with mms or in the Terms of Use.

Trademark Information

COIN and Return-on-Messaging are trademarks of mms in the United States and/or other countries. Other marks, graphics, logos, page headers, button icons, or scripts noted on the Site are service marks, trademarks and trade dress of mms or other third parties, and are the sole and exclusive property of mms or such other third parties, as applicable. mms’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers or to any other party, in any manner that disparages or discredits mms, or in connection with any service or product that is not sponsored, endorsed or produced by mms. All trademarks not owned by mms that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mms or its subsidiaries, and the use of such trademarks is subject to the permission of such third parties.

Privacy Statements

Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices. Please view the Privacy Policy applicable to the specific site you are reviewing.

Third Party Web Sites and Information

The Site may provide hyperlinks to third party Web sites or access to third party content. If you use these links you will leave this Site. mms has not reviewed all of these third party sites, and does not control, endorse, or guarantee content found on such sites. You agree that mms does not make any representations about such sites or their information, software, products, services or materials, and is not responsible for any content, associated links, resources, or services associated with such sites. You further agree that if you should access any of the third party websites linked to this Site, you do so at your own risk, and mms shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT BETWEEN YOU AND mms, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Mms AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY mms ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. mms DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND mms, mms, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF mms, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless mms, employees, attorneys, and agents (”Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.

Applicable Laws

All matters relating to your access to and use of the Site shall be governed by the laws of the Commonwealth of Massachusetts, , without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in Boston, Massachusetts .

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Changes to These Terms of Use

We may occasionally update these Legal Notices and Terms of Use. When we make such changes and post such updates, we will revise the “last updated” date at the top of this statement.

Contact Information

If you have any questions regarding these Terms of Use, please contact mms at legal@mms.us.