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 Terms & Conditions
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PDQpons.com Terms and Conditions
Last Revised: May 15, 2010
The following document comprises of your legal rights, obligations, and a dispute resolution cause. You must read and agree to these Terms of Service prior to using PDQpons.com.
Terms of Service
Message and data rates may apply. Text "HELP" to 69302 to receive instructions on how to retrieve help information. Text "STOP" to 00000 to ensure no SMS messages will be sent from a specific PDQpons merchant to your mobile device unless you send another text to 69302. PDQpons is an on-demand service that requires users to merchant specific text keywords to 000000 in order to receive reply texts with relevant information. This is an opt-in service and users may receive up to one message per day from each merchant they opt in to.
These terms and conditions ("Terms of Service") apply exclusively to your access to, and use of, the PDQpons.com Web site (the "Site"), which is operated by PDQpons, Inc. ("PDQpons") and the services provided thereon by PDQpons and accessed through the Site and your mobile device (the "PDQpons Service"). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with PDQpons, or its subsidiaries or affiliates, for products, services or otherwise.
Compatibility
PDQpons is compatible with handsets from most major US carriers (Sprint, Verizon, AT&T, etc...)
Agreement & Acknowledgement
By downloading and using PDQpons ("PDQpons", "PDQpons Service", "we" or "us"), you accept and agree to be bound by these Terms of Service. PDQpons has the right at any time to change these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the PDQpons website. The latest version will replace all prior versions. By continuing to use the PDQpons Service after changes are made, you agree to be bound by any new changes. PDQpons limits the usage of the PDQpons Service to people who are 18 years of age or older. All users under the age of 18 need to be under the supervision of the child's parent or guardian.
Privacy
The information that you exchange, submit, or that we collect when you are using the PDQpons Service is subject to the PDQpons Privacy Policy.
Intellectual Property
PDQpons and other logos, icons, graphics, service names, and marks related to the PDQpons Service are registered and unregistered trademarks or trade dress of PDQpons. They may not be used without PDQpons's prior express written permission. All other trademarks not owned by PDQpons that appear in connection with the PDQpons Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by PDQpons. Any unauthorized use of the PDQpons Service will terminate the limited license granted by us. The PDQpons Service is protected by U.S. and international copyright and other intellectual property laws. It is for personal and non-commercial use only, and PDQpons grants you a limited license for that purpose. You may not modify, license, sell, reverse engineer, export, distribute, transmit, or copy the PDQpons Service without PDQpons's prior express written permission. PDQpons is the sole owner of the PDQpons Service, which includes but is not limited to any domains, content, software, etc. made available through it.
Electronic Communications
If you use the PDQpons Service, you consent to receiving electronic communications and notices from PDQpons and their participating merchants. You agree that any disclosure, agreement, notice or other communications that we electronically send to you will satisfy any legal communication requirements, including that such communications be in writing.
User Conduct
PDQpons does not encourage, advocate or advise use of the PDQpons Service during certain activities, such as driving a motor vehicle, where there is a significant risk of accident. You agree not to use the PDQpons Service during such activities. You also agree not to interfere with the servers or networks connected to the PDQpons Service or to violate any of the regulations, procedures or policies of networks connected to the PDQpons Service, the terms of which are incorporated herein. You also agree not to: (a) resell or export the software associated with the PDQpons Service; (b) impersonate any other person while using the PDQpons Service; (c) use the PDQpons Service for any unlawful purpose; or (d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the PDQpons Service. By using the PDQpons Service, you agree not to email, upload, post or otherwise transmit or send any material that contains programs, files, viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PDQpons Service.
Third Party Offers
It is possible that the PDQpons Service may contain links to third party programs or websites that are not affiliated with or controlled by PDQpons. PDQpons is not responsible for the private policies, content, or offers of such programs and sites, including, without limitation, an advertiser's refusal to honor any offer or your redemption of such offers. Any dealings you have with a third party are solely between you and that third party.
Pricing Information for Using PDQpons Service
PDQpons provides the PDQpons Service to users free of charge. However, usage of the PDQpons Service may be subject to charges imposed by the user's wireless or other applicable carrier. Payment of such charges is solely the user's responsibility. Standard and/or other wireless charges may apply. PDQpons will not be held liable for any charges that users incur as a result of using the PDQpons service including but not limited to SMS, MMS, or data charges.
Help Information
PDQpons users can receive help by emailing questions to support@PDQpons.com. If a PDQpons user sends an SMS text message with "HELP" in the body of the text message to short code 69302, the user will receive a message from PDQpons with the following text: "This msg is from PDQpons: For help, please email us at support@PDQpons.com. Text STOP to end PDQpons. (Message & Data Rates May Apply)
Stop Requests & User Termination
If a PDQpons user sends an SMS text message with "STOP" in the body of the text message to short code 69302, the user will receive a message from PDQpons with the following message: "This message confirms that you have discontinued PDQpons. For questions please contact support@PDQpons.com." The user will then no longer receive text messages from PDQpons unless the user opts-in again in the future.
Limitation of Liability
PDQpons assumes no responsibility or liability for any omissions or errors in the PDQpons Service; any delays, interruptions or failures in the PDQpons Service; any damages or losses arising from the use or inability to use the PDQpons Service, including, but not limited to any behavior by users of the PDQpons Service; or any damage to your wireless device; or any inability to use the PDQpons Service including but not limited to the inability to redeem a coupon.
In no event shall PDQpons, its partners, affiliates, directors, shareholders, employees, agents or officers be liable (severally or jointly) to you for, but not limited to, the loss of use or any incidental, consequential, special, direct or indirect damages arising out of or in connection with the PDQpons Service or these Terms of Service, or 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; However, in the case where any portion of this section becomes unenforceable due to an applicable authority, then liability will be limited to the fullest possible extent permitted by applicable law.
We reserve the right to deliver the PDQpons Service in our sole and absolute discretion. PDQpons provides the PDQpons Service "as is" and without any condition or warranty, whether implied, statutory or express. PDQpons specifically disclaims any implied warranties of merchantability, title, 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.
PDQpons will not be held liable for any charges that users incur as a result of using the PDQpons service including but not limited to SMS, MMS, or data charges.
Indemnity
You agree to indemnify and hold PDQpons and its related companies, and each of their respective officers, agents, shareholders, advertising partners, advertisers, partners, employees and directors harmless from and against any third-party claim or cause of action, including but not limited to court costs and attorneys' fees arising, indirectly or directly, out of either, your violation of any law or the rights of any third party, or out of your use of the PDQpons Service.
Disputes
Any claim or cause of action arising out of or related to your use of the PDQpons 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. Unless expressly prohibited by local law, this Terms of Service is governed by the laws of the State of Colorado, without regard to any conflict of law principles to the contrary.
Option to Terminate
PDQpons reserves the right in its sole discretion to terminate or restrict your use of the PDQpons Service, without notice, for any or no reason whatsoever.
Notice
If any provision of these Terms of Service is held to be unenforceable or invalid, 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 of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and PDQpons with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms of Service or the download and/or use of the PDQpons Service, please email us.
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