Terms and Conditions
Pocketstop Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome to Pocketstop. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms & Conditions. Thank you.
Acceptance of Terms & Conditions
By downloading and using Pocketstop LLC’s (“Pocketstop,” “we” or “us”) Services (collectively, the “Pocketstop Service”), you accept and agree to be bound by these Terms & Conditions. Pocketstop may at any time modify these Terms & Conditions. You can review the most current version of it by clicking on the “Terms & Conditions” link located at the bottom of the Pocketstop website, Pocketstop.com. The most current version will supersede all previous versions. By continuing to use the Pocketstop Service after changes are made, you agree to be bound by such changes.
Privacy
Any information that you submit or we collect when you are using the Pocketstop Service is subject to the Pocketstop Privacy Policy, the terms of which are incorporated into these Terms & Conditions.
Limitations on Use
You must be at least 13 years old to download and use the Pocketstop Service, or, if you are not at least 13, you may download and/or use the Pocketstop Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Pocketstop Service.
Intellectual Property
Pocketstop and/or its licensors are the sole owners of the Pocketstop Service, which includes any software, domains, and content made available through it. The Pocketstop Service is proprietary & patent pending. It is for your own personal and non-commercial use only, and Pocketstop grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Pocketstop Service without Pocketstop’s prior express written permission. Any unauthorized use of the Pocketstop Service will terminate the limited license granted by us. Pocketstop, Pocket Marketing, Mobile Mondays and other marks, graphics, logos, icons and service names related to the Pocketstop Service are registered and unregistered trademarks or trade dress of Pocketstop, LLC. They may not be used without Pocketstop’s prior express written permission. All other trademarks not owned by Pocketstop that appear in connection with the Pocketstop Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Pocketstop.
Electronic Communications
By downloading and/or using the Pocketstop Service, you consent to receiving electronic communications and notices from Pocketstop. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct
By downloading and using the Pocketstop Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Pocketstop Service. You also agree not to interfere with the servers or networks connected to the Pocketstop Service or to violate any of the procedures, policies or regulations of networks connected to the Pocketstop Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Pocketstop Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Pocketstop Service; (3) use the Pocketstop Service for any unlawful purpose; or (4) resell or export the software associated with the Pocketstop Service.
Pocketstop does not promote, recommend or condone use of the Pocketstop Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Pocketstop Service during such activities.
Third Party Offers
The Pocketstop Service may contain links to third party web sites or programs that are not controlled by or affiliated with Pocketstop. Pocketstop is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant’s refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.
Charges for Using the Pocketstop Service
Pocketstop currently provides the Pocketstop Service to you free of charge. However, when you use the Pocketstop Service, you may be subject to charges imposed by your wireless or other applicable carrier. Message and Data Rates may apply. Payment of such charges is solely your responsibility.
Pocketstop Text Message (SMS) Service
To opt in or subscribe to Pocketstop, you can register from our website at http://www.pocketstop.com , Pocketstop.com, or you can send a text message with the word “POCKET” to 678678 and we’ll guide you through the process from your mobile phone. Standard carrier rates apply to all text messages sent to or from the Pocketstop text message service. For more information, check your mobile phone service plan or visit your carrier’s website.
After you install the Pocketstop application and/or register for the Pocketstop service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from our text message service, send a text message with the word “STOP”, “END”, “QUIT”, “CANCEL” or “UNSUBSCRIBE” to 678678 from your mobile phone and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone. Alternatively, you can send an email to support@pocketstop.com with your mobile phone number as the subject line. For help or other support issues, you can also text “HELP” to 678678, send an email to support@pocketstop.com or call the following toll-free number: 877-226-1043.
To get help with the Pocketstop text message service, you may email us at support@pocketstop.com. You can also request our contact information from your mobile phone at any time by sending a text message with the word “HELP” to 678678.
Use of Information Submitted
You agree that Pocketstop is free to use any comments, information or ideas contained in any communication you may send to Pocketstop without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Pocketstop Service or other products or services.
No Warranty & Liability Limit
Pocketstop PROVIDES THE Pocketstop SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Pocketstop SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Pocketstop assumes no liability or responsibility for any errors or omissions in the Pocketstop Service; any failures, delays or interruptions in the Pocketstop Service; any losses or damages arising from the use of the Pocketstop Service, including, without limitation, any damage to your mobile device; or any conduct by users of the Pocketstop Service. We reserve the right to deliver the Pocketstop Service in our sole and absolute discretion.
IN NO EVENT SHALL Pocketstop, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE Pocketstop SERVICE OR THESE Terms & Conditions, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Indemnity
You agree to indemnify and hold Pocketstop and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Pocketstop Service or your violation of any law or the rights of any third party. This includes, but is not limited to contests, sweepstakes, promotions and giveaways that are facilitated through the service.
Disputes
1. Governing Law
YOU AGREE THAT THESE Terms & Conditions OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND Pocketstop arising from or relating to these Terms & Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms & Conditions, the Pocketstop Service, Pocketstop’s advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND Pocketstop, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Pocketstop”) arising from or relating to these Terms & Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms & Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms & Conditions), the Pocketstop Service, Pocketstop’s advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Pocketstop. NEITHER YOU NOR Pocketstop SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the Pocketstop Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Terminate
Pocketstop reserves the right in its sole discretion to terminate or restrict your use of the Pocketstop Service, without notice, for any or no reason whatsoever.
General
If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that or any other provision. These Terms & Conditions set forth the entire understanding and agreement between you and Pocketstop with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms & Conditions or the download and/or use of the Pocketstop Service, please contact us at:
Pocketstop, LLC
5646 Milton St.
Suite 608
Dallas, TX 75206