PEDIGREE® Brand SMS Alerts (the "Mobile Services") are offered by the PEDIGREE® Brand of Mars Petcare US, Inc. ("Mars", "we", "our"). The technical provider of the Mobile Services is Telescope Inc.
PLEASE READ THESE MOBILE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MOBILE SERVICES. IF YOU DO NOT AGREE WITH THESE MOBILE TERMS AND CONDITIONS, PLEASE DO NOT USE THE MOBILE SERVICES.
In order to use the Mobile Services, you must have a wireless mobile device that is capable of two-way SMS messaging through participating mobile service providers. Please contact your network operator if you are unsure about your device's capabilities. Participating providers include Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Immix Wireless, Nextel, Revol Wireless, Sprint, Unicel, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile, and West Central Wireless. Message and Data Rates May Apply to the Use of the Mobile Services.
(a) You agree that are solely responsible for all data and message charges that you incur from your mobile service provider for your use of the Mobile Services. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.
You may "opt out" of receiving future messages from us by texting END, STOP, QUIT, CANCEL, and UNSUBSCRIBE (not case sensitive) to 97979 or email us with your full mobile number at firstname.lastname@example.org. For help please text HELP to 97979.
(b) We reserve the right, for any reason and in our sole discretion, to modify, suspend or discontinue any of the Mobile Services, Content and your use thereof without prior notice. The Mobile Services are offered on an "as is" "where is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider.
(c) The trademarks, logos and service marks displayed in the Content are registered and unregistered trademarks of Mars and others. Nothing contained in the Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and service marks displayed in the Content without the written permission of their owners. You should assume that everything you see or read in the Content is copyrighted unless otherwise noted and may not be used except as provided in these Mobile Terms without the written permission of Mars. Your misuse of the trademarks, logos and service marks displayed in the Content other than as provided in these Mobile Terms and the Web Terms may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited. You also are advised that Mars will aggressively enforce its intellectual property rights to the fullest extent of the law, including by criminal prosecution.
(d) While we use reasonable efforts to include accurate and up-to-date information in the Content, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any error or omission in the Content. Without limiting the foregoing, everything on the Mobile Services is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Mars encourages you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties.
(e) Your use of the Mobile Services is at your own risk. Mars and its affiliated companies, subsidiaries, advertising agencies and any other entity involved in the Content available on the Mobile Services, including but not limited to Telescope, (collectively, the "Released Parties") are not liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Mobile Services.
(f) Without limiting the generality of the foregoing, the Released Parties are not responsible for and shall not be liable for any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Services, including but not limited to (i) errors in transmission, including but not limited to any incomplete, lost, late, stolen, delayed, misdirected or garbled message or failure to receive messages; (ii) service outages or delays or for any human or other errors or problems of any kind or technical or electrical malfunctions of any computer, network, telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any web site or combination thereof; (iii) injury or damage to your or to any other person's computer or mobile or wireless device related to or resulting from use of the Mobile Services, participating in, or downloading materials or software, or attempts to participate in or download materials or software related to your use of the Mobile Services; and/or (iv) failures or malfunctions of wireless phone/headsets and other devices, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. The Released Parties are not responsible for and shall not be liable for any condition caused by events beyond the control of Released Parties that may cause the Mobile Services to be disrupted or corrupted or for typographical or other errors in the printing, the offering or the administration of these Mobile Terms. The Released Parties also do not assume any responsibility, and shall not be liable for, any damage to or virus that may infect your computer equipment or other property as a result of your use of the Mobile Services, including the downloading of Content. Further, the Released Parties have not reviewed all the sites linked to the Mobile Services and are not responsible for the content of any other site linked to the Mobile Services. You link to such content at your own risk. By using the Mobile Services, you assume all liability for any injury or damage caused or claimed to be caused by your use of the Mobile Services and release and hold the Released Parties harmless from any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Services.
(g) Software available from the Mobile Services may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Mobile Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading Content and otherwise using the Mobile Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
(h) Mars reserves the right to modify these Mobile Terms and the Web Terms from time-to-time, in its sole discretion. Please check back periodically for modifications. Your continued use of any of the Mobile Services will constitute your acceptance of such modifications. In the event of conflict between the Mobile Terms and the Web Terms, the Web Terms will govern.