ELITEMATE'S  MOBILE TERMS & CONDITIONS

How to Participate: Remember that to participate in the EliteMate Mobile Program, you must have text messaging enabled on your phone, and subscribe to a participating cell phone carrier. To visit the EliteMate Mobile Program, you must also have Internet services enabled on your phone.

Cost to Participate: Although the EliteMate Mobile Program is complimentary and requires no purchase or fee for participation, standard messaging and data fees may apply. Check your mobile plan for more details.

Find Your Carrier: The EliteMate Mobile Program is compatible with Cingular / AT&T, Sprint, T-Mobile, and Verizon Wireless phones. To participate, the recipient’s phone must to be text message-enabled. EliteMate Mobile Program can not guarantee this program will work for all users.

Help: At any time, may contact aff@elitemate.com for additional details.

Privacy: All mobile phone information we collect for this program is shared with trusted partners.

Agreement: By participating in EliteMate Mobile Program, you are agreeing to the terms and conditions presented here.

Program Duration: The EliteMate Mobile Program is available beginning 11/15/06 through 11/15/2016

USA: Currently, the Service is only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws. Keep it in the States.

Privacy Policy: For additional information regarding EliteMate’s use of information collected in connection with the Service, please refer to EliteMate’s Privacy Policy, a copy of which is available here http://www.elitemate.com/htm/privacy.htm

SMS Messaging : An SMS/text-message subscriber may stop participating and receiving messages from the program by emailing Aff@elitemate.com. 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 the program shortcode, 96083.

Client is not responsible for incomplete, lost, late, damaged, illegible or misdirected mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Client is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this program.  CAUTION:  ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, CLIENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  Client reserves the right at its sole discretion to disqualify or restrict access from any individual who tampers with the program process.  In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the internet address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning IP addresses for the domain associated with the action).  Client assumes no responsibility for undeliverable mobile messages resulting from any form of active or passive mobile filtering by a user's mobile provider or for insufficient space in user’s mobile phone account to messages.  Client reserves the right, in its sole discretion, to cancel or suspend this program should a virus, bugs, or other causes beyond the control of the Client corrupt the administration, security or proper operation of the program. In the event of termination, a notice will be posted on-line.  Client reserves the right to modify the promotion or disqualify participants if fraud, misconduct or technical failures destroy the integrity of the program as determined by Client, in its sole discretion.  All federal, state and local laws and regulations apply.

BY USING CLIENT, (“CLIENT”) SOFTWARE PRODUCT (THE “PRODUCT”), YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED WITHIN THIS FREEWARE SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”).  BY CLICKING THE ACCEPTANCE BUTTON FOR THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE “LICENSEE”.  AFTER CLICKING THE ACCEPTANCE BUTTON, YOUR CONTINUED USE OF THE PRODUCT INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT.  IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE PRODUCT.  THIS AGREEMENT IS SUBJECT TO CHANGE BY CLIENT AT ANY TIME WITHOUT NOTICE.  ALL RIGHTS TO USE THE PRODUCT ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF LICENSEE FAILS TO COMPLY WITH THE AGREEMENT.

1.       Fees. The Product is provided free of charge, thus, there is no license fee for the Product.  The Product is only available via mobile WAP.

2.       License Agreement. Subject to the terms and conditions of this Agreement, Client grants Licensee a limited, revocable, non-exclusive and non-transferable license-at-will (the “License”) to reproduce (solely as necessary to use the Product) and use the executable code version of the Product, provided any copy must contain all of the original proprietary notices.  Nothing in this License will entitle Licensee to receive from Client hard-copy documentation, technical support, telephone assistance, or updates to the Product.  Client may terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any obligation to Licensee.  Upon termination, Licensee agrees to destroy all copies of the Product.

3.       Restrictions.  Licensee may not: (i) modify, revise, translate or create any derivative works of the Product or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Product; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Product, including, but not limited to, any trademark, logo, copyright.

4.       Proprietary Rights.   Title, ownership rights, and intellectual property rights in the Product and all copies thereof shall remain in and with Client or its assigns.  The Product is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees to undertake such steps as are necessary in order to protect the Product against unauthorized copying or use.

5.       User Conduct. You agree not to use the Product, or any results from your use of the Product, to:

·         Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

·         Harm minors in any way;

·         Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

·         Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

·         Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

·         Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

·         Upload, transmit or communicate any data that contains software 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;

·         Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction;

·         “Spam”, “stalk” or otherwise harass another;

·         Collect or store personal data or other information about other users or non-users; or

·         Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.

6.       Disclaimer of Warranty. THIS PROGRAM IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7.       Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLIENT, MOTOR SALES U.S.A., INC.,  AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,  SUBCONTRACTORS, REPRESENTAITVES,  AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES  (COLLECTIVELY, THE “CLIENT PARTNERS”) BE LIABLE TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  IN ANY CASE, THE COLLECTIVE LIABILITY OF CLIENT AND/OR CLIENT PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY).  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.

8.       U.S. Government Restricted Rights.  The Product is provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of The Rights in Technical Data clause of DFARS 252.227-7013; subparagraph (b)(3) of The Rights in Noncommercial Computer Software and Noncommercial Software Documentation clause of DFARS 252.227-7014;  subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a) of DFARS 227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

9.       Release.  Licensee further agrees to release, discharge, indemnify and hold harmless Client and Client Partners from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, Licensee’s use of the Product, or use of Client’ or Client Partners’ services, including, without limitation, Licensee’s breach of any terms or representations contained in this Agreement or the use by Client or Client Partners of any of the rights granted by Licensee.

10.   Miscellaneous.  This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.  This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws.  If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.  All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and Licensee expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Client and/or the Client Partners.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.  Client shall have the right to modify this Agreement from time to time.  You understand and agree that your continued use of the Product indicates your acceptance of any such modifications, which shall become a part of this Agreement. 

11.   Licensee Outside the U.S.   If Licensee is located outside the U.S., then the provisions of this Section 11 shall apply.  The parties confirm that this Agreement and all related documentation is and will be in the English language.  If the law of Licensee’s country, state, or province of residence prohibit or limit Licensee’s ability to use the Product, then Licensee shall be responsible for complying with such laws and agrees to indemnify Client and the Client Partners against any breach.  Licensee agrees that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws").  In addition, if the Product is identified as export controlled items under the Export Laws, Licensee represents and warrants that he or she is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Product. 

12.  All questions concerning this Agreement shall be directed to aff@elitemate.com.

If you believe that your copyright or intellectual property has been infringed through the use of this Site, please contact info@EliteMate.com.   Updated last on 05/19/2008