PRIVACY STATEMENT
TellMyCell.com prides itself on superior customer satisfaction as well as top notch confidentiality. We will not share your information with third parties unless required by law. TellMyCell.com may access and disclose any information, including User Ids, and other information, if they believe in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate their systems properly, or to protect themselves, their customers, or other third-parties.

WEB LOG FILES/COOKIES
We may record Internet IP addresses of each visitor/user for the protection of all parties involved. Cookies are small files that are placed on your computer when you visit our site. Our web site will reference and update the cookie each time you visit.

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. All member data and activity is stored separately and is not directly accessible through a web browser. We use industry standard procedures and processes to safeguard the confidentiality of your identifiable personal information. Although we use secure form transmission technology, the Internet is not 100% secure and others might intercept the information that you are sending.
Nothing in this policy shall limit, prohibit, or otherwise deny the ability of TellMyCell and TellMyCell.com to (1) transfer, assign, or sell our assets to a third party without limitation, or (2) dispose of our assets in any manner, through bankruptcy or similar proceeding. In addition, TellMyCell and TellMyCell.com makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.

TERMS OF SERVICE AGREEMENT/TERMS OF USE
The following are the terms and conditions for use of all services, amendments thereto, rules, and policies (collectively, the "Terms of Use") offered by and by way of TellMyCell.com and it's affiliates, merchants, members, and/or clients (collectively, the "Clients"), including all services, offers, messages, and or alerts that you opt in to receive from any of TellMyCell.com's Clients (collectively, the "Services"). BY ACCESSING AND USING THIS WEBSITES; COMPLETING ANY REGISTRATION PROCESS ASSOCIATED WITH TellMyCell.com; VALIDATING AND/OR REGISTERING YOUR MOBILE PHONE FOR ANY SERVICES OFFERED THROUGH TellMyCell.com; RECEIVING A PASSWORD FOR SERVICE; OR OPTING IN TO ANY TellMyCell.com SERVICES AND/OR CLIENT SERVICES; YOU ARE STATING THAT YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT ALL OF THESE TellMyCell.com TERMS AND CONDITIONS.

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. TellMyCell.com's failure to act with respect to a breach by any user or others does not waive TellMyCell.com's right to act with respect to subsequent or similar breaches. The failure of TellMyCell.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. This agreement shall be interpreted in accordance with the laws of the State of New York without regard to conflict of laws' principles. All claims arising from this agreement must be filed in the state or federal courts located in New York, New York. This agreement constitutes the entire agreement between TellMyCell.com and user with respect to the subject matter hereof.

ELIGIBILITY
You must be at least 18 years old to be eligible to use the Services (21 years of age for designated venues). However, if you are at least 13 years old but not yet 18, you may use the Services only if you have your parents' or guardians' prior permission (except for venues where an age requirement is expressed). No one under age 13 may use the Services under any circumstances. By clicking "Validate" or "Submit on any TellMyCell.com website form, or submitting any messages to TellMyCell.com through your mobile phone, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to register for the Services. You also certify that you are the owner of the mobile device/mobile number for which you are requesting services. You certify that you will not send unsolicited text messages/SPAM to any person(s) through any TellMyCell.com service. We record Internet IP addresses of each visitor/user, and will prosecute violators to the fullest extent of the law.

TELLMYCELL CLIENT RESTRICTIONS AND TERMS
Each person that signs up to receive your broadcast alerts is agreeing to register for a TellMyCell.com password (on this website), and the actual alerts for which they register through our services. The password will be sent via text message after they register for it. The password text message is also an opt-in mobile phone user text message designed to validate that they are the owner of the phone for which they are requesting the service, and that they are validating that mobile phone in order to receive text message communications from us. If they sign up for an alert that is continual, they will be signed up to receive alerts from you until they unsubscribe to that alert by unsubscribing through the webpage by which they registered for your alert. By sending/receiving text messages through our service, you understand that some may not be delivered due to various technical, network, and/or other reasons. TellMyCell.com will not be held responsible or liable for undelivered messages. Although 99% of messages reach their intended recipient, we cannot guarantee delivery of any message sent through our services. Canceling your broadcast does not entitle you to refunds for any recipient credits purchased. If you do not include a broadcast date/time, we will hold your broadcast until we have received your update which includes a broadcast date/time. If you are updating your alert for immediate release, you MUST include the current day's date as the broadcast date on the update form. Make sure to always include your full name, your broadcast confirmation number, and TELLMYCELL account number (USER ACCOUNT NAME or MOBILE PHONE NUMBER)on all correspondences

REQUESTING AND RECEIVING SERVICES
When you register to receive TellMyCell.com Services, including services offered by any of our Clients, you are agreeing to also receive the current and all future Services in conjunction with your requests. By sending/receiving text messages through our service, you understand that some may not be delivered due to various technical, network, and/or other reasons. TellMyCell.com will not be held responsible or liable for undelivered messages. Although 99% of messages reach their intended recipient, we cannot guarantee delivery of any message sent through our services.

USER RESTRICTIONS
As the user, you are required to accept total responsibility for your behavior and conduct while using the Services.

Using the Services to transmit, route, provide connections to, or store any material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties.

Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.

Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy.

Assuming the identity of any individual other than yourself is prohibited. You may not impersonate another user, a Client, or a TellMyCell.com staff person. You may not forward messages sent to you without the expressed prior consent of TellMyCell.com and/or the Clients by whom it was initially sent.

Distributing or sending unsolicited messages, or "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services is prohibited.

Uploading or transmitting materials through TellMyCell.com which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of TellMyCell.com; (iv) monitor or copy content on TellMyCell.com by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on TellMyCell.com's infrastructure is prohibited.

Without limitation, TellMyCell.com reserves the right to remove any user from its system at any time, at its sole discretion We reserve the right to edit, move, review or delete any content for any reason, and our Clients may do the same. We may preserve and disclose content or user information if required to do so by law or in the good-faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of TellMyCell.com, any users of our Services or the public; or (v) administer the Services.

SUBMISSIONS
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to TellMyCell.com shall be and remain the exclusive property of TellMyCell.com. Your submission of any such Comments shall constitute an assignment to TellMyCell.com of all-worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. TellMyCell.com will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. TellMyCell.com expressly disclaims any interest in any Comments that you are not authorized to submit.

PASSWORDS
With regards to your password, you understand that you are solely responsible for maintaining its confidentiality. You shall be solely and fully responsible for all activities that occur under your Username and Password. TellMyCell.com shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any username (mobile number) and/or password. If a password is lost or stolen, it is the user's responsibility to notify TellMyCell.com so that the missing password can be deactivated and a new one assigned.

REFUSAL OF SERVICE
Company reserves first right to refuse or terminate Services granted to you, Services or any portion thereof, at TellMyCell sole discretion without notice.

RESALE OF SERVICE
You agree not to resell the Service, use of, or access to the Service.

LIABILITY
All liability for the messages, ads, offers, and/or notices received by all customers are the sole responsibility of the member merchant/advertiser. Content provided via TellMyCell.com Services is provided "as is" without warranty, either expressed or implied. TellMyCell and TellMyCell.com shall make reasonable effort to maintain accurate and updated Content via TellMyCell.com Services. TellMyCell and TellMyCell.com make no representations as to the accuracy or completeness of Content presented via TellMyCell.com Services. You agree to (a) provide current, complete, and accurate information about yourself as prompted to do so by the Service, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify TellMyCell.com immediately of any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your password and all account information. TellMyCell.com will be sent to the mobile number you provide. If you change your mobile number, you are responsible for informing TellMyCell.com of the change. TellMyCell and TellMyCell.com shall have the right to use your information in accordance with the terms of the TellMyCell.com Privacy Policy. Providing inaccurate or false data may result in the termination of your right to use the Service. You acknowledge that you are solely responsible for your use of the Service. TellMyCell . and TellMyCell.com do not permit or advise any minor to make a purchase on our Website. By signing up for TellMyCell.com services, or subscribing to any merchant offer through our services, you are accepting complete and full responsibilities for payment of any and all mobile phone carrier fees associated with receiving text messages from TellMyCell.com and it's member merchants.

OWNERSHIP: COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise indicated, all Website materials, including, without limitation all designs, text, graphics, product and/or service names, slogans, page headers, custom graphics, button icons, scripts, other files, and the selection and arrangement thereof, (the "Content") are either trademarks, registered trademarks, proprietary and/or copyrighted property of TellMyCell or its licensors. All Content is subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by TellMyCell.com or by third parties who may own them. As between you and TellMyCell.com, TellMyCell.com shall retain all right, title and interest in and to the Content and Services, including all URLs. Any use of the materials in this Website--including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance--without the prior written permission of TellMyCell and TellMyCell.com management is strictly prohibited. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without obtaining prior written permission from TellMyCell.com. If you wish to use third-party materials appearing on the web site, you must contact the copyright owner of such materials.

Anytime you publish through TellMyCell.com, or distribute information through our Services, you are granting TellMyCell.com the right to publicly display, copy, edit, delete and distribute such works. TellMyCell.com may, at its sole discretion, and without compensation to any user or Client, make Service webpages and website content available for sponsorship and branding by Clients or other third parties.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this Website infringes upon any copyright which you own or control, or that any link on this Website directs users to another Website that contains material that infringes upon any copyright which you own or control, please provide TellMyCell.com's Copyright Agent the information required under 17 U.S.C. § 512 at webmaster@TellMyCell.com.

TellMyCell.com DATA
The Company Data, including but not limited to Coupon Codes, Text Message Ads, Demographic, Timing and all data provided through the Services, shall be considered "as is", without warranty. Furthermore, TellMyCell shall not be liable for the accuracy or timeliness of said Data.

THIRD PARTY SITES AND CONTENT
TellMyCell.com may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. TellMyCell and TellMyCell.com do not monitor nor does it have any control over any Third Party Content or third party Web site. TellMyCell and TellMyCell.com does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. TellMyCell and TellMyCell.com do not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. You agree that your use of these links and Third Party Content contained therein is at your own risk.

DISCLAIMER OF WARRANTIES
THE SITE AND THE MATERIALS IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TellMyCell . DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TellMyCell . DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR SENT/RECEIVED VIA TellMyCell.com TEXT MESSAGING SERVICES ARE SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS AND/OR CLIENTS, AND THEIR MESSAGES, THEIR ACTS AND OMISSIONS. TellMyCell COMPANY, LLC. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CHANGES TO WEBSITE AND TERMS

TellMyCell . and TellMyCell.com reserves the right to change/amend at any time any policies governing this Website and TellMyCell.com Services, including these Terms of Use and the TellMyCell.com Privacy Statement & Terms of Service Agreement. We will post changes/amendments on this Website. You will be able to tell that a revision has been made by the "revised" date indicated on this document. The changed/amended terms shall be effective immediately after they are initially posted on this Website. Your use of our Website and TellMyCell.com Services following the posting of such changed/amended terms shall constitute your acceptance of all such changes/amendments. If you do not accept the changed/amended terms, you must cease using this Website and TellMyCell.com Services. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TellMyCell .

LIMITATION OF LIABILITY
You acknowledge, by your use of the Services, that your use of the Services is at your sole risk. IN NO EVENT SHALL TellMyCell , OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND/OR TellMyCell.com SERVICES; OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THE SITE OR TellMyCell.com SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TellMyCell AND/OR TellMyCell.com SERVICES; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TellMyCell'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TellMyCell AND/OR TellMyCell.com (WHETHER IN CONTRACT, WARRANTY TORT--INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED--PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE AND/OR TellMyCell.com SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TellMyCell AND/OR TellMyCell.com FOR ACCESS TO OR USE OF THIS SITE AND/OR TellMyCell.com SERVICES.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless TellMyCell , TellMyCell.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising our of your use of this Website and/or TellMyCell.com Services, including without limitation any actual or threatened suit, demand, or claim made against TellMyCell , TellMyCell.com, and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party. Truth in Messaging / Indemnification of Liability (Message/Alerts senders): You are solely responsible for any legal liability arising out of or relating to (1) the Message, and/or (2) any product and/or service which viewers and/or users can utilize through the Message. You represents and warrant that the Message(s) comply with TellMyCell and TellMyCell.com standards and policies; and that it holds the necessary rights to permit the use of the Message(s) by TellMyCell and TellMyCell.com for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Message will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti-discrimination law or regulation, or any other right of any person or entity. You agree to jointly and severally indemnify TellMyCell and to hold TellMyCell harmless from any and all liability, loss, damages, claims, or causes of action, and expense of any nature (including reasonable legal fees and expenses that may be incurred by TellMyCell ), arising out of or related to TellMyCell performance under this agreement, the copying, printing, distributing, or publishing of your Message(s), and/or your breach of any of the foregoing representations and warranties. You grant TellMyCell the right to use, reproduce, and distribute your Message(s). You agree to request that TellMyCell be listed as an additional insured on any policy issued to you pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph. You shall not include any advertising via the Company's Services that is misleading, unfair or deceptive. All advertising via the Company's Services shall comply with all applicable laws and regulations. You shall indemnify TellMyCell and hold TellMyCell harmless against all loss, liability, damage and expense of any nature (including legal fees) arising out of your breach of this clause.
ASSIGNMENT

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TellMyCell.com. Any such purported assignment or delegation by you without the appropriate prior written consent of TellMyCell.com will be null and void and of no force or effect.

APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Website and/or TellMyCell.com Service shall be filed only in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms or your use of this Website and/or TellMyCell.com Service.