Terms

This Agreement, which governs the terms and conditions of your use of Shooger Services, is between you ("you" or "Customer"), as an authorized user of such services, and Mobile Promotions Network LLC (“Shooger”).

For purposes of this Agreement, all services provided by Shooger to you either now or in the future, are collectively referred to in this Agreement as the "Services". This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Shooger (collectively, the "Agreement"), constitutes the entire agreement between Shooger and you regarding the Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Shooger related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. By using the Services, you confirm your acceptance of this Agreement.

If you begin the sign up process for the Services but fail to complete the process, Shooger may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize Shooger to make such contact, even if you ultimately determine not to sign up for the Services.

Services

Shooger offers the Services at its website www.shooger.com(together with other Websites owned and operated by Shooger, the "Shooger Website").

SMS Program

How to Opt-in: To opt-in or subscribe to our service, you can register from our website, or text the Business Keyword to SWEET or 79338 and we’ll guide you through the process from your mobile phone.

How to Opt-out: To opt-out from our SMS service, you can text STOP followed by the Business Keyword to SWEET or 79338 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You can also text STOP or STOP ALL to SWEET or 79338, in order to unsubscribe from all advertisers in our network. You will not receive any additional messages until you re-register on our website.

How to get help or support: To get help, email us at support@shooger.com, or call our toll free number at +1 (800) 429-0514. From your mobile phone, you may request our contact information at any time by texting HELP to SWEET or 79338.

Pricing: Message and Data Rates May Apply.

Supported Carriers:

AT&T
T-Mobile ™
Verizon
Sprint/Nextel/Boost
Alltel(includes Midwest)
Virgin Mobile
Cellular South
nTelos
Cellcom
U.S. Cellular
Rural
East Kentucky Network
Immix
Centennial
Bluegrass
West Central (WCC)
ACS Wireless
Cox Wireless
GCI Communications
Inland Cellular
Nex-Tech Wireless
Revol Wireless
Thumb Cellular
United
Dobson
Cincinnati Bell

SMS Program Content.

All campaigns must follow the Mobile Marketing Association Consumer Best Practices guidelines and Code of Content. Shooger reserves the right to deactivate a campaign at anytime for inappropriate, restricted, or conflicting content or for any other reason. This is not limited to but includes the following:

Alcohol marketing should not directly promote the use of or consumption of alcohol.
Any reference to the abuse of alcohol, drugs, tobacco or other controlled substances is strictly prohibited. This includes verbal and non-verbal actions in which a person could conclude that promotion of drug use is intended.

Fair Use Policy.

PLEASE NOTE, THAT YOUR USE OF THE SERVICE MAY BE SUBJECT TO SHOOGER’S "FAIR USE" POLICY.

Privacy Policy.

Shooger is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available at http://www.shooger.com/privacy.aspx

If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use Customers' personally identifiable information in a manner different from that stated at the time of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with Shooger, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice we will also email Customers who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Customer Responsibilities.

You are fully responsible for the contents of your transmissions through the Services. Shooger simply acts as a conduit for you to send and receive information. However, Shooger reserves the right to take any action with respect to the Services that Shooger deems necessary or appropriate in its sole discretion if Shooger believes you or your information may create liability for Shooger, compromise or disrupt the Services for you or other Customers, or cause Shooger to lose (in whole or in part) the services of Shooger's ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising).

You agree:

to comply with US law regarding the transmission of technical data exported from the United States through the Services;
not to use the Services for illegal purposes;
not to interfere or disrupt networks connected to the Services;
to comply with all regulations, policies and procedures of networks connected to the Services;
not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
to give Shooger and to its partners a non-exclusive, worldwide, perpetual, royalty-free licence to copy, modify, distribute and display your content for the purposes of providing the Services.

You must:

obtain and pay for all equipment and third-party services (e.g., Internet access, email service and mobile service) required for you to access and use the Services;
maintain any security of your Customer identification, and other confidential information relating to your Shooger account; and
be responsible for all charges resulting from use of your Shooger account, including unauthorized use prior to your notifying Shooger of such use and taking steps to prevent its further occurrences or another entity's use and enjoyment of similar services.

Junk or Spam Policy.

Unsolicited Advertisement Policy. The transmission of unsolicited advertisements is illegal under the Federal Telephone Consumer Protection Act
http://www.fcc.gov/cgb/consumerfacts/canspam.htmland a number of similar state laws. Distribution of unsolicited advertisements through the Services is prohibited. Notwithstanding the above, Shooger's distribution of advertising to its customers is not considered unsolicited advertising based upon your acceptance of this Agreement.

Shooger understands that receipt of such messages can impair your use of our Services. Accordingly, Shooger intends to use legally available means to prevent distribution and receipt of unsolicited advertisements to or by our Customers. At Shooger's option and without further notice, Shooger may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them.

If you believe that you are in receipt of an unsolicited advertisement, we ask that you take the following two steps:

If the message contains a telephone number, message number, or other instructions to "unsubscribe" or “opt-out” from receipt of additional junk messages, please do so; and
Please go to the following Web page to file a complaint with Shooger by inserting the required information and including a copy of the offending message: http://www.Shooger.com/ContactUs.aspx.

You hereby acknowledge and agree that Shooger, as owner of all promotion templates and consumer information, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited messages, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Shooger.

We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Shooger experience a positive one for you.

Termination

Either you or Shooger may terminate your Shooger account at any time, with or without cause, upon notice. Any such notice by you to Shooger must be in accordance with Shooger's verification procedures, as such procedures may be established and changed by Shooger from time to time in its sole discretion, and which may include the requirement that you contact Shooger by phone to confirm that any such notice was in fact sent by you. Shooger also reserves the right to terminate or suspend your Shooger account without prior notice, provided that Shooger will attempt to confirm such termination or suspension by subsequent notice.

Shooger may terminate your account without notice if:

no active promotions are in your account during any continuous sixty (60) day period or
you or an intermediary blocks or filters any emails sent by or on behalf of Shooger to your email account(s) or your phone(s) where you receive your messages.

Customer Representations.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Modifications to Customer Agreement.

Shooger may automatically amend this Agreement at any time by:

posting a revised Shooger Customer Agreement on the Shooger Website, and/or
sending information regarding the amendment to the email address you provide to Shooger. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SHOOGER WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE SHOOGER SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Shooger.

Modifications to Services.

Shooger reserves the right to modify or discontinue any of the Services with or without notice to you. Shooger shall not be liable to you or any third party should Shooger exercise its right to modify or discontinue the Services.

Member Account, Password, and Security.

As part of the registration process, you will be required to provide a phone number or email address and to select a Password. Once you become a registered user, a confirmation will be automatically sent to you by email. You may change your password to protect your account after logging in to the Shooger website. You are entirely responsible for failing to maintain the confidentiality of your username, password and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Shooger of any unauthorized use of your account or any other breach of security known to you.

Disclaimer of Warranties and Limitation of Liability.

SHOOGER AND ALL SHOOGER SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER SHOOGER NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. SHOOGER DOES NOT WARRANT THAT ACCESS TO OR USE OF SHOOGER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SHOOGER SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. SHOOGER AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

YOUR USE OF SHOOGER AND ALL SHOOGER SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING SHOOGER SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM SHOOGER. YOU AGREE THAT NEITHER SHOOGER NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE SHOOGER OR ANY SHOOGER SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SHOOGER OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF SHOOGER AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SHOOGER SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF:

THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SHOOGER SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR
U.S.$500.00. YOU HEREBY RELEASE SHOOGER AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

NEITHER SHOOGER NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF SHOOGER’S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF SHOOGER, IN EVALUATING THE SHOOGER SERVICES AND/OR PRODUCTS OF SHOOGER.

Charges

Except as otherwise provided by applicable law:

You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Shooger reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate and Shooger reserves the right to change prices or institute new charges for access to or use of Shooger Services. All changes will be posted by Shooger at the Shooger website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Shooger account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Payment of your Shooger account balance is due monthly or annually, in accordance with your payment plan, the currency in which billed, and must be made by the credit or debit card designated by you for Shooger use and transactions. If your account is a qualified business account and is approved by Shooger for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. If the payment method for your account is by credit or debit card and payment is not received by Shooger from the card issuer (or its agent or affiliate), you agree to pay all amounts due upon demand by Shooger. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Shooger is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Shooger, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Shooger may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Shooger may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

To view your current account balance, along with billing details and any accumulated charges, please click on "My Account" after logging in to the Shooger website

Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, Shooger may submit charges for your monthly service fee each month, and for annual subscriptions, Shooger may submit charges for your annual service fee annually, in each case, without further authorization from you, until you provide prior notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Shooger reasonably could act on your notice. If you sign up for more than one Shooger account, your first payment for such additional accounts may be prorated to coincide with the annual anniversary of your first account. If you have any question regarding any charges that have been applied to your account, you must contact Shooger's Customer Service Department within thirty (30) days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Shooger in accordance with this Agreement.

If you subscribed for Shooger Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Shooger reasonably could act on your notice.

If you subscribed for a Service pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Shooger reasonably could act on your notice.

As a Shooger customer, you may incur charges in addition to the minimum recurring service charge if you send or receive a combined number of messages in excess of that permitted by your plan. You agree that Shooger may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of Shooger), without further authorization from you, until you provide prior notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Shooger reasonably could act on your notice.

Some Shooger services may be payable in advance by deposit of a fixed amount as set from time to time by Shooger. Customers with higher service needs may increase the size of their deposit by logging into their account at the Shooger Website or by contacting Customer Service. This deposit will be due and payable immediately upon your use of the service (or, in the event you are provided with a free or included credit, upon your depletion of such credit). As a result, the first time you use any of these services (following your depletion of your free or included credit, if any), an amount equal to all or a fraction of your deposit not exceeding the total deposit, will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of the service or any other usage-based charges, according to standard Shooger rates for these Services. Thereafter, each time your deposit is depleted, another fixed amount deposit in the same amount as the prior deposit or a fraction of your prior deposit not exceeding the total prior deposit, will be immediately charged to your credit or debit card, subject to prior authorization from you on your Service preferences for automatic charging for Services, which deposit will thereafter be depleted based upon your use of Shooger’s usage-based services, according to Shooger’s rates for these services.

In the event Shooger submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize Shooger to use your deposit to pay for any monthly service fee due Shooger until Shooger is able to successfully charge your card. In the event Shooger is subsequently able to successfully process your monthly service fee through your credit or debit card, Shooger will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount and you hereby authorize Shooger to do so.

You agree that Shooger may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Shooger reasonably could act on your notice. Upon notice (in accordance with Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your Shooger account (including those charges described in the preceding paragraph), in which case the remainder of your deposit will be applied to satisfy such charges.

You must promptly notify Shooger of changes to:

the account number or expiration date of your designated credit or debit card;
your billing address (for the designated credit or debit card); and
the name of each minor whom you have authorized to use your Shooger account. You must also promptly notify Shooger if your card is canceled (e.g., for loss or theft).

Termination for Non-Payment.

Subject to any applicable laws, Shooger reserves the right to suspend or terminate your Shooger account without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Shooger when Shooger believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Shooger.

Ownership.

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by Shooger and/or its licensors and service providers except where expressly stated otherwise. You may not use Shooger's trademarks, trade names, patents, copyrights or other intellectual property rights without Shooger's prior written permission.

YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY USER INFORMATION (OTHER THAN YOUR OWN) OR PROMOTION TEMPLATE ASSIGNED TO YOU BY SHOOGER OR ADDED INTO THE SHOOGER SERVICE BY YOU. OWNERSHIP OF ANY SUCH INFROMATION IS VESTED SOLELY IN SHOOGER (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH INFORMATION IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE TO YOUR SHOOGER SERVICE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE INFORMATION ASSIGNED TO YOUR ACCOUNT TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. IN THE EVENT YOU ARE FOUND TO HAVE VIOLATED THIS PROHIBITION YOU AGREE TO IMMEDIATELY RETURN THE INFORMATION TO SHOOGER AND PAY TO SHOOGER AN AMOUNT EQUAL TO $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE SHOOGER TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM AND DAMAGES CAUSED TO SHOOGER FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF SHOOGER’S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY.

YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR ACCOUNT FOR ANY REASON, SUCH SERVICES MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT SHOOGER WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SHOOGER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU FURTHER UNDERSTAND AND AGREE THAT SHOOGER MAY FROM TIME TO TIME NEED TO CHANGE THE SERVICES ASSIGNED TO YOU (WHETHER OUTSIDE OR WITHIN SHOOGER’S CONTROL). YOU AGREE THAT SHOOGER WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE SERVICES ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SHOOGER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE SERVICES ASSIGNED TO YOU BY SHOOGER AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE SHOOGER THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR SHOOGER ACCOUNT WITHOUT NOTICE.

Indemnification.

You agree to indemnify Shooger and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Shooger account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited messages.

No Resale Of The Services.

Your right to use the Services is personal to you. You agree not to resell the use of the Services.

Participation In Promotions Of Advertisers.

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Shooger assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Notices; Consent.

Notices given by Shooger to you will be given by email or by a general posting on the Shooger Website, or by conventional mail. In any matter requiring Shooger's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Shooger. Notices given by you to Shooger must be given by email or by conventional mail (subject, however, to Shooger's verification procedures, as may be established by Shooger from time to time in its sole discretion, and which may include the requirement that you contact Shooger by phone so as to confirm that any such notice was in fact sent by you). Notices to Shooger by conventional mail must be sent to Mobile Promotions Network LLC, 3211 Ponce de Leon Blvd., Suite 101, Coral Gables, Florida 33134, U.S.A.

General Terms.

THE LAWS OF THE STATE OF FLORIDA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE SHOOGER SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE SHOOGER SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA OR A SUPERIOR COURT FOR THE STATE OF FLORIDA LOCATED IN MIAMI-DADE COUNTY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Shooger's failure to act with respect to a breach by you or others does not waive Shooger's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Shooger shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Shooger's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.

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