Terms & Conditions
This is a mobile and social network service from TheMobileMarketingGuy.com/JJ&A Marketing. Please consult your wireless service provider as some Standard Text Messaging Rates might Apply. Please also contact your respective social network provider with any access issues.
Supported Carriers: AT&T, Cingular, T-Mobile, Sprint, Cincinnati Bell, Dobson Cellular, Cellular One, Verizon Wireless
Supported Social Networks: Twitter, Facebook
You can opt-out of any Mobile Matrix campaign by:
1. Sending an email request to support@themobilemarketingguy.com
2. Text STOP to shortcode 37619
1. Description of the Service
This Service is provided by The Mobile Marketing Guy/JJ&A Marketing, and is subject to (i) the terms of these Terms of Service (“Agreement”), (ii) the Privacy Policy. All such rules and Privacy Policy are hereby incorporated by reference into this Agreement. The Mobile Marketing Guy provides an SMS message delivery service for a predefined Event. The messages may include (i) pre-event informational messages, (ii) live update messages during the event, or (iii) post-event wrap-up messages.
2. Acceptance of these Terms of Service
Prior to registering with the Service, You will confirm that You accept all the terms and conditions of these Terms of Service. If You do not accept these Terms of Service, The Mobile Marketing Guy/JJ&A Marketing will not provide these or any other service to You, and Your use of any portion of the Service is conditioned on Your full acceptance of these Terms of Service. Further, by retrieving messages under this Service, You agree to be bound by the Terms of Service, as amended from time-to-time.
3. Registration Requirements
In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself, including Your SMS address, as prompted by the Service’s registration form. It is Your responsibility to make sure that your information and Your SMS address is up-to-date. If You provide any information that is untrue, inaccurate, not current or incomplete, or The Mobile Marketing Guy/JJ&A Marketing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Mobile Marketing Guy/JJ&A Marketing 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). The Mobile Marketing Guy/JJ&A Marketing is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services or Content is appropriate for your child.
Please note, If you are selecting to be tracked during an event:
- We require you to enter email addresses of anyone you wish you track you
- We require these individuals to confirm they wish to track you during an event by visiting a link (either emailed by us, or can be emailed by you through your account page).
- Any individual that does not verify they wish to receive the text messages will NOT receive any of them during the event.
- It is the participants sole responsibility to ensure all those they wish to track them are confirmed before the event. We provide an account page for the participant to see the status of each tracking request, send the confirmation link directly, or change/delete/add email addresses for any spots not already claimed.
- The Mobile Marketing Guy/JJ&A Marketing will make all reasonable efforts to deliver emails to trackers, but can not guarantee email deliverability. It is ultimately the participants responsibility to ensure tracking invitations have been received.
3a. Pricing: Please note that standard messaging and data rates may apply, depending on your cellular plan.
4. Quality of Service
You use your account and information in the SMS messages entirely at your own risk. The Mobile Marketing Guy/JJ&A Marketing does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on Your life when You use Your account or receive or not receive messages. During peak usage, messages may be time-delayed to maintain overall system performance. The Mobile Marketing Guy/JJ&A Marketing makes no representation as the timeliness of its live updates. The Mobile Marketing Guy/JJ&A Marketing offers the Service through commercial wireless carriers and providers of wireless connectivity and infrastructure. The Mobile Marketing Guy/JJ&A Marketing makes no representation as to the quality of service of these carriers and connectivity providers. The Mobile Marketing Guy/JJ&A Marketing is not responsible for:
• any loss of connectivity between Your mobile device and Your wireless carrier;
• any loss of connectivity between Your wireless carrier and their Internet server;
• and any loss of connectivity between the carrier Internet server and the Service server;
If Your mobile device is not actively connected when The Mobile Marketing Guy/JJ&A Marketing sends a message to Your SMS address, the message may be significantly delay or lost. It is Your responsibility to position and operate Your mobile device to maintain connectivity during the term of this Agreement. Your connectivity speed, data rates, and resolution are determined by Your mobile device and Your wireless carrier. Some information and messages may not be properly received due to incompatibilities of Your equipment or Your particular wireless service.
4a. Refunds
All refund requests must be made via the website’s contact form at The Mobile Marketing Guy/JJ&A Marketing within 30 days of purchase. The Mobile Marketing Guy/JJ&A Marketing will not issue refunds do to individuals not confirming tracking requests. For the purposes of processing refunds we will audit our delivery logs which will be used as the basis of determining deliverability. We will issue a refund for the following reasons: an individual received less than 50% of the messages that should have been sent; an individual was not sent the finish line message. If our delivery logs show a message was sent successfully to the carrier with no error, that message will be presumed to have been delivered. We can not ensure deliverability to the phone after we hand the message off to the cellular providers. Regarding event tracking: Refunds will not be granted for runners that do not participate, are not wearing their chip or do not show up for the event do to illness or injury.
5. User Account and Security
If prompted to create an account, you will receive confirmation of your User ID upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify The Mobile Marketing Guy/JJ&A Marketing of any unauthorized use of your password or Account or any other breach of security.
6. Termination
You agree that The Mobile Marketing Guy/JJ&A Marketing, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Mobile Marketing Guy/JJ&A Marketing believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The Mobile Marketing Guy/JJ&A Marketing may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that The Mobile Marketing Guy/JJ&A Marketing may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that The Mobile Marketing Guy/JJ&A Marketing shall not be liable to you or any third-party for any termination of your access to the Service.
7. Copyrights
You acknowledge and agree that the Service, Content of the messages, and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Software and Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Mobile Marketing Guy/JJ&A Marketing or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by The Mobile Marketing Guy/JJ&A Marketing for use in accessing the Service. The Service is protected by United States and international law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from The Mobile Marketing Guy/JJ&A Marketing, copy, modify, or publicly display the Service or Messages in whole or in part. Your use of the Service, or receipt of Messages, does not create a license or any other rights in The Mobile Marketing Guy/JJ&A Marketing’s or its licensor’s trademarks, services, copyrights, or any other intellectual property or proprietary rights.
8. Equipment
You understand and agree that the Service is provided “AS-IS” and that The Mobile Marketing Guy/JJ&A Marketing assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the SMS messaging system, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the SMS messaging system, including a mobile or other wireless device.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Mobile Marketing Guy/JJ&A Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) The Mobile Marketing Guy/JJ&A Marketing MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Mobile Marketing Guy/JJ&A Marketing OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Mobile Marketing Guy/JJ&A Marketing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Mobile Marketing Guy/JJ&A Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. The Mobile Marketing Guy/JJ&A Marketing’ LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF(A) THE AMOUNT OF FEES YOU PAY TO The Mobile Marketing Guy/JJ&A Marketing IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
11. Dispute Resolution
Any dispute arising under Your use of the Service, these Terms of Service, or with The Mobile Marketing Guy/JJ&A Marketing shall be resolved using a binding arbitration process. The binding arbitration shall be held in Pima County, Arizona, in the English language, and under the rules of the American Arbitration Association (AAA). You and The Mobile Marketing Guy/JJ&A Marketing agree to be bound by any decision in the arbitration, and not to appeal any arbitration decision to a court system. Notwithstanding the above, The Mobile Marketing Guy/JJ&A Marketing may seek injunctive relief with regard to Your copyright infringement or other copyright violation
12. Changes to the Service
The Mobile Marketing Guy/JJ&A Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Mobile Marketing Guy/JJ&A Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Use of the Service
You agree that the Service is provided for personal entertainment purposes only, and will not be used or relied upon for weather forecasts, traffic congestion, or event or race planning. The Mobile Marketing Guy/JJ&A Marketing makes no representation as the accuracy or completeness of any message. The Mobile Marketing Guy/JJ&A Marketing shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any racing or event decisions made based on such information. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You understand that the Service is for your private and personal use only.
14. Indemnity
You agree to indemnify and hold The Mobile Marketing Guy/JJ&A Marketing, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
15. General
This Agreement constitutes the entire agreement between you and The Mobile Marketing Guy/JJ&A Marketing and governs your use of the Service, superseding any prior agreements between you and The Mobile Marketing Guy/JJ&A Marketing. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and The Mobile Marketing Guy/JJ&A Marketing shall be governed by the laws of the State of Arizona, USA without regard to its conflict of law provisions. You and The Mobile Marketing Guy/JJ&A Marketing agree to submit to the personal and exclusive jurisdiction of the courts or arbitration panel located within the county of Pima County, Arizona, USA. The failure of The Mobile Marketing Guy/JJ&A Marketing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
