Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by Appliqate. Your use of the Appliqate application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Appliqate application.
These terms and conditions of service represent the agreement ("Agreement") between you and Appliqate, Inc. ("Appliqate") with respect to the Appliqate application service (the "Appliqate Service" or "Service"). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
Appliqate may revise these terms and conditions at any time, with or without notice to you. You should visit www.appliqate.com from time to time to review the then current terms and conditions for the Appliqate Service.
Appliqate provides mobile marketing solutions for well-known brands and enterprises. The Appliqate Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, message & data rates may apply. A complete description of the Appliqate Service is available at the Products link on Appliqate's website, located at www.appliqate.com
The Appliqate Service may use data licensed to or provided to Appliqate by Appliqate's brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by Appliqate's brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
A list of carriers that are currently supported include but are not limited to: AT&T, Sprint, Boost, Nextel, Verizon Wireless, U.S. Cellular, Cellular One, C Spire Wireless, Virgin Mobile and T-Mobile.
This program applies for short code: 25328.
You can cancel your receipt of text promos at anytime by texting the word STOP to the 25328 shortcode.
For assistance, text HELP to the 25328 shortcode for information. For further information, please email to: firstname.lastname@example.org or call 801-203-3978
Appliqate's downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.
You agree to comply with the following when using the Appliqate Service:
You are responsible for any fees assessed by your wireless telephone carrier to access the Appliqate Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges. Msg&Data Rates May Apply.
Appliqate reserves the right to terminate your access to the Appliqate Service at any time for any or no reason and without notice to you.
You may terminate the Appliqate Service at any time by notifying Appliqate via (i) an email addressed to
Any such cancellation by you shall become effective when processed by Appliqate.
Upon any termination of your Appliqate Service, Appliqate shall have no liability to you or any further obligations under this Agreement.
To the fullest extent permissible pursuant to applicable law, in no event will Appliqate, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Appliqate Service or the Appliqate Software. You are responsible for the entire risk arising out of your use of the Appliqate Service and the Appliqate Software.
The Appliqate Service and the Appliqate Software are provided "as is" and without warranties of any kind either express or implied. Appliqate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
To the extent permitted under applicable law, under no circumstances shall Appliqate or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Appliqate Service or the Appliqate Software, any defects in the Appliqate Service or the Appliqate Software, or any breach of this Agreement, even if Appliqate or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Appliqate and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Appliqate Service.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Appliqate Service, or the Appliqate Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration
Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Utah, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.
This Agreement constitutes the entire agreement between Appliqate and you with respect to the subject matter hereof.
Appliqate's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Appliqate. Notwithstanding the foregoing, Appliqate may assign this Agreement to any affiliate or successor company at any time without notice.
By using the Appliqate Service, you consent to receive from Appliqate all communications, including notices, agreements, legally required disclosures or other information in connection with the Appliqate Service (collectively, "Notices") electronically. Appliqate may provide such Notices by posting them on Appliqate's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Appliqate Service.
If you have any questions regarding the terms of this Agreement, please contact Appliqate via (i) an email addressed to email@example.com, (ii) a letter addressed to Appliqate, Inc., 12465 South Fort Street Suite 240 Draper, UT 84020, or (iii) a phone call to Appliqate Customer Support at 1-801-203-3978
Appliqate respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
Appliqate, 12465 South Fort Street Suite 240 Draper, UT 84020, Phone: 801-203-3978, Email: firstname.lastname@example.org , Fax: 801.812.8124