PLEASE READ THIS AGREEMENT CAREFULLY SJA MOBILE USER AGREEMENTEFFECTIVE OCTOBER 1, 2005 THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS "AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH SJA MOBILE LLC, OFFERS YOU A MONTHLY SUBSCRIPTION(THE "SUBSCRIPTION") FOR USE OF THE SJA MOBILE SERVICE (THE "SERVICE"). BY COMPLETING THE REGISTRATION PROCESS OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Eligible Subscribers.
By accepting these terms, you confirm that you are 13 years of age or older, and have the consent of the subscriber of a participating mobile communications carrier to sign-up and use the SJA Mobile service on behalf of the subscriber.
2. Fees and Payment Authorization.
NOTE: THIS SECTION 2 APPLIES ONLY IF YOU HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE. Your wireless service provider or pager company may charge you (i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager, (ii) airtime or other connection fees in connection with your downloading or information or messages from or uploading of information or messages to the Service, and/or (iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and for any other hardware, service or other costs you incur to use your Subscription, plus any applicable taxes. SJA Mobile users will be charged for the use of SJA Mobile services directly on your mobile telephone invoice.. If you select a monthly fee Subscription plan, you authorize the continued billing each month until you cancel such Subscription. If you cancel your Subscription for any reason, SJA Mobile will not refund any of your fees paid to date.
3. Participating Carriers
3.1 SJA Mobile Subscriptions are only available for customers of the below participating wireless carriers. Pre-paid phone users are ineligible.Verizon Wireless, AT&T, T-Mobile, Boost Mobile, Nextel, Sprint, Alltel, Dobson (Cellular One).
5.Content
5.1. SJA Mobile users will receive SMS messages either on a periodic basis (ie; daily or three times a week) or on-demand (ie; on-demand stock quotes, weather forecasts, etc), including but not limited to jokes, words, facts, trivia, bible verses, proverbs, horoscopes, stock prices, and personal messages directly from individuals including but not limited to celebrities, musicians, chefs, etc. You agree that SJA Mobile does not guarantee the accuracy or completeness of any content provided by this Subscription service. You agree that SJA Mobile will have no liability to you with regard to any content provided. You also understand that all content provided is the proprietary material of SJA Mobile and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U. S. copyright laws or comparable provisions of foreign laws. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. SJA Mobile is not responsible to you for any content or materials or any other aspect of the Service that you might find objectionable. 5.2. Members who use our Services agree to accept our SMS messages as part of the service. 5.3 Members who use our Services to retrieve on-demand stock quotes will receive up to 30 on-demand stock quotes per month. You agree that SJA Mobile does not guarantee the accuracy or completeness of any stock quotes or other content provided by this Subscription service. You agree that SJA Mobile will have no liability to you with regard to any stock quotes or other content provided. You also understand that all stock quotes and other content provided is the proprietary material of SJA Mobile and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of SJA Mobile and/or the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U. S. copyright laws or comparable provisions of foreign laws. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. SJA Mobile is not responsible to you for any stock quotes or other content or any other aspect of the Service that you might find objectionable. Exchanges supported for stock symbol requests/queries include but are not limited to the NYSE, NASDAQ, AMEX, OTC-BB, and the Pink Sheets. Stock quotes are delayed at least 10 - 20 mins and could be delayed more depending on network bottlenecks, exchange data feed problems, third party data feed provider problems, temporary failures in SJA Mobile's systems, and many other reasons. The stock quotes provided by this Service are by no means guaranteed to be accurate, and should be used for informational purposes only. Do not trade/invest in stocks based on the stock quotes or other content provided by this Service.
6. Changes to the Service or Terms.
You understand that SJA Mobile may, in its discretion, from time to time change, add, or remove certain features of the Service, change the pricing, or change the terms of this Agreement by informing you of the amended terms via SMS to your phone, and that, if you are dissatisfied with any such changes to the Service or this Agreement, you may cancel your Subscription at any time by texting STOP to our 5 digit short code. In addition, SJA Mobile reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you use your Subscription, in which case such terms shall be effective when posted. Otherwise, this Agreement may not be amended except in a writing signed by both parties.
7. Disclaimer of All Warranties.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SJA MOBILE AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO SJA MOBILE OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. SJA MOBILE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8. Limitations of SJA Mobile Liability.
SJA MOBILE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR SUBSCRIPTION BY ANYONE ELSE. SJA MOBILE' TOTAL CUMULATIVE LIABILITY TO YOU AND ANY ANYONE WHO USES THE SERVICE THROUGH YOUR SUBSCRIPTION, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO SJA MOBILE IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING SJA MOBILE' LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW. MOREOVER, THIS SECTION DOES NOT LIMIT SJA MOBILE' OBLIGATION, IF SJA MOBILE MISTAKENLY OR WRONGFULLY OVERCHARGES YOUR SUBSCRIPTION, TO REFUND THE AMOUNT OF THE OVERCHARGE.
9. Release and Indemnification.
9.1. You release SJA Mobile (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ยง1542, which says:"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."9.2. You agree to defend, indemnify and hold harmless SJA Mobile and our subsidiaries, affiliates, officers, directors, agents, and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
10. Termination of Subscription.
You may terminate your Subscription, this Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting SJA Mobile's customer service at mobilesupport@helpdeskconnect.com or by sending a text message with the text "STOP" to our short code or such other number as may be designated on our Website. Notifying SJA Mobile in any other way of your desire to terminate your Subscription may result in delays in processing your request. SJA Mobile may immediately suspend or terminate your Subscription, and terminate this Agreement, if you breach any provision in this Agreement or if the charges to your mobile phone bill for the fees described in Section 2 are refused for any reason. SJA Mobile reserves the right to terminate your Subscription and this Agreement for any other reason if SJA Mobile gives you at least 30 days advance notice. Upon any such termination of your Subscription, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Sections 4, 5, 7, 8, and 10 will remain in effect notwithstanding the termination of your Subscription or this Agreement.
11. Pricing.
Pricing ranges from $4.99 to $9.99 (USD) per month depending on the subscription program. During the opt-in process you will be notified of the price of the particular subscription program. The charge will be made directly to your cell phone bill. For the stock quotes subscription program, you can request up to 30 stock quotes per subscription period. If you reach your limit prior to the completion of the subscription period, you will not be able to retrieve quotes until you renew your subscription or wait until auto-renew at the end of the subscription period.
12. Miscellaneous.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. As used in this Agreement, "including" means "including but not limited to." This document and the pages referred to herein represent the entire agreement governing your use of the Service and supersede any prior or contemporaneous written or oral statements by SJA Mobile or its representatives or resellers. This Agreement may not be amended except as provided in Section 6.
13. Contacting Us.
The Services hereunder are offered by SJA Mobile LLC, a Delaware corporation with headquarters in Parker, CO. You can contact us via the below email or toll-free number:mobilesupport@helpdeskconnect.com 800-559-9313.
