Terms, Conditions and Privacy Policies

ARK GROUP LLC dba RetailTxt (RtlTxt) TERMS AND CONDITIONS
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Terms of Service

This program is compatible with the following carriers: Alltel, Associated Carrier Group (ACG), AT&T, Boost, Cellular One, Cincinnati Bell, Nextel, Sprint, Tier 2/3 Carrier Group, T-­‐Mobile, US Cellular, Verizon Wireless, Virgin Mobile, Cricket. Compatibility does not denote affiliation; this program and its administration are independent from any wireless carrier. Message frequency varies by program but does not exceed 31 messages/month. Messaging and data rates may apply. Users may opt-­‐out at anytime by texting STOP to 67768. Users may text HELP to 67768 for additional information regarding a subscribed campaign.

Acceptance of Services

Welcome to our web site. In consideration for and by use of this site, you are forming a binding contract and agreeing to comply with and be bound by the following terms of use. If you do not agree to all of these terms, you should not proceed to use this site. We reserve the right to change or modify any of the terms and conditions contained in this Agreement or any other materials on this site at any time and in our sole discretion and without notice. Any changes or modifications will be effective immediately upon posting on this site as revised.

Definitions

The terms “we”, “us”, “our” or “Company” refer to RetailTxt. The terms “you” or “your” refer to the user or viewer of this site. The term “Agreement” refers to this terms of use agreement which sets forth the terms and conditions for on-­‐line access through this site to the services provided by this website (“Services”).

Privacy Policy

Our Services may enable you to send messages, content and information to, and receive messages, content and information from the Company, other parties, other wireless device users or other members of the Services. We will use the information we obtain (including name, address, email, telephone number, demographic data, area code) in connection with our Services. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We maintain appropriate safeguards to attempt to ensure the security and integrity of the information you provide and to sufficiently protect your information.

Without limiting the terms of our Privacy Policy, our Services are provided via wireless systems,which use radios and other means to transmit communications over complex networks. As such, we do not guarantee that your use of the Services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.

We may share non-­‐identifiable personal information (for example first 7 digits of your telephone # or your zip code) as well as aggregated data with our marketing partners.

Disclaimer of Warranty

ALL MATERIALS ON THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-­‐ INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED HEREIN. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-­‐FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE SOLELY FOR YOUR BENEFIT AND ARE NOT PROVIDED TO ANY THIRD PARTY WHETHER OR NOT COMPANY HAD KNOWLEDGE OF THEIR USE OF THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, COMPANY AND ITS SUBSIDIARIES, SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS.

YOU UNDERSTAND THAT WHEN USING THIS WEBSITE OR ANY OF THE SERVICES, YOU MAY BE EXPOSED TO CONTENT AND USER-­‐SUBMITTED MATERIALS FROM A VARIETY OF SOURCES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR SUBMITTED MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR SUBMITTED MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO.

Promotional Messages

By signing up for the Services, you consent to receiving, from time to time, to the extent permitted by applicable law, further messages which may include news, promotions and offers from us, our affiliates and partners, and perhaps other members of certain of the Services, and you consent to our sharing of your account information with such parties for such purposes. You can unsubscribe from receiving messages from us at any time by texting "STOP" to the number provided in the particular message, or by following any other instructions set forth in the particular message or provided on the website. Please follow the instructions provided to you by such third parties to unsubscribe from their messages. WE DO NOT WARRANT OR IN ANY WAY VOUCH FOR THE QUALITY OF ANY THIRD PARTY PRODUCTS OR SERVICES YOU MAY BE OFFERED.

Downloadable Products or Services

The Services may make available certain products or services for download and purchase onto your mobile or wireless device. Examples include wallpapers, ringtones and games. You may use such products and services for your own personal, non-­‐commercial use only, and you may not further distribute such products or services except as expressly permitted by the Company. Such downloadable products and services are provided "AS IS," without warranty of any kind.

Termination

The Company may terminate, change, suspend, impose limits on, or discontinue any aspect of this site or the Services or certain features thereof at any time, without notice or liability. You acknowledge and agree that the Company may terminate or otherwise deny your access to all or part of the Services without prior notice if you engage in any conduct or activities that the Company in its sole discretion believes violate any of the terms and conditions of this Agreement, violate the rights of the Company, or is otherwise inappropriate use for continued access.

Governing Law

The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the conflicts of laws provisions thereof. Any action brought pursuant to this Agreement shall be commenced in federal or state court located in the Commonwealth of Pennsylvania. The parties hereby consent to personal jurisdiction in the federal and state courts in Pennsylvania and waive any right to a change of venue.

END TERMS OF USE

CUSTOMER CARE

If you have a question or complaint about our site or Services, please contact us at:
RetailTxt Attention: Customer Care 1704 Walnut Street Philadelphia, PA 19013 Phone: support@arkideas.com

COPYRIGHT NOTICE

Copyright © ARK GROUP LLC All rights reserved.
TRADEMARK NOTICE
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on this website or the Services are registered and unregistered Trademarks of RetailTxt and others.

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