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By Selecting "AGREE" you agree to the Terms & Conditions of First Down Mobile, LLC
AGREE / ACCEPT Terms & Conditions
General: First Down Mobile, LLC. acts as a text message ordering delivery service to customers and or users at college football games. The following are the rules or "Terms" that govern use of the FirstDownMobile.com Web site ("Site") by you, the user of the Site ("User"). By using or visiting the Site, User expressly agrees to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. First Down Mobile, LLC. reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If User violates these Terms of Use, First Down Mobile, LLC. may terminate User's access to the Site, bar User from future use of the Site, cancel User's account, and/or take appropriate legal action against User. Orders: Orders through First Down Mobile, LLC. are processed through Paypal.com who is the Payment Processor of the sale transaction. Paypal.com is a wholly owned subsidiary of eBay, Inc. and is the worlds largest payment processor. All payments made over Paypal.com are deposited into the First Down Mobile, LLC. Paypal.com account for services rendered. In Order to protect our users from fraud, a user may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of notarized public documents such as a state driver's license or federal passport. All orders are shipped via User's chosen shipping method to the billing address of User's credit card (no exceptions). Most orders are processed the same business day in which they are received. Orders placed after business hours may be processed on the next business day. If User specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, User may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, First Down Mobile, LLC. will, at their discretion, either contact you about the additional fee prior to shipping or cancel your order and notify you of such cancellation. Pricing: First Down Mobile, LLC. sets the price for services rendered. By agreeing to the terms and services and/or Terms and Policies contract on the sign-up 1 page, the User and/or Customer agrees to have their Paypal.com account and/or credit card account charged the yearly subscription fee. First Down Mobile, LLC. may change the price of its services at any time without further notice or discretion. First Down Mobile, LLC. may also change the yearly subscription fee for current active customers who are already signed up for the following year. In the event that First Down Mobile, LLC. decides to raise the yearly subscription fee to current Users and/or Customers First Down Mobile, LLC. will send out a 60 day notice to the Users and/or Customers notifying of the price increase. Credit Card Charges: PAYPAL First Down Mobile will appear on your credit card statement for yearly services rendered. If you have any questions about charges on your credit card statement feel free to contact us at FirstDownMobile@gmail.com Permitted Use: User agrees that User is only authorized to visit, view and to retain a copy of pages of this Site for User's own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to or merchandise for User's personal use, unless otherwise specifically authorized by First Down Mobile, LLC. to do so. The content and software on this Site is the property of First Down Mobile, LLC. and/or its suppliers and is protected by U.S. and international copyright laws. Links: The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. First Down Mobile, LLC. has no control over these sites or the content within them. First Down Mobile, LLC. cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. First Down Mobile, LLC. does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact User's computer systems. By using the Site to search for or link to another site, User agrees and understands that User may not make any claim against First Down Mobile, LLC. for any damages or losses, whatsoever, resulting from use of the Site to obtain search results or to link to another site. If User experiences a problem with a link from the Site, please notify us FirstDownMobile@gmail.com and we will investigate User's claim and take any actions we deem appropriate in our sole discretion. Violation of the Terms: First Down Mobile, LLC., in its sole discretion, and without prior notice, may terminate User's access to the Site, cancel User's account or exercise any other remedy available to it.. User agrees that monetary damages may not provide a sufficient remedy to First Down Mobile, LLC. for violations of these terms and conditions and User consents to injunctive or other equitable relief for such violations. First Down Mobile, LLC. may release User information if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. First Down Mobile, LLC. is not required to provide any refund to User if you are terminated as a user of this Site. Copyright Policy: All text, graphics, files, applets, scripts, software and other works on the Site are the copyrighted works of First Down Mobile, LLC. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on the Site is strictly prohibited. First Down Mobile, LLC., www.FirstDownMobile.com and http://FirstDownMobile.com are protected marks of First Down Mobile, LLC. First Down Mobile, LLC. reserves the right to terminate the privileges of any User who uses this Site to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing Users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a User's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred. Disclaimers: First Down Mobile, LLC. MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. First Down Mobile, LLC. MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. First Down Mobile, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. First Down Mobile, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OF OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. First Down Mobile, LLC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, First Down Mobile, LLC. USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE First Down Mobile, LLC. SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE First Down Mobile, LLC. SERVICE. First Down Mobile, LLC. IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EMPLOYEE, VENUE, PERFORMER, CONCESSION, STADIUM, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. Limitation on Liability: Except in jurisdictions where such provisions are restricted, in no event will First Down Mobile, LLC. be liable to User for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if First Down Mobile, LLC. has been advised of the possibility of such damages. Disputes: If there is any dispute about or involving the Site, by using the Site, User agrees that the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. User agrees to personal jurisdiction by venue in the state and federal courts of the State of Maryland, City of Rockville. Indemnity: User agrees to indemnify and hold First Down Mobile, LLC., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Site, including also User's use of the Site to provide a link to another site or to upload content or other information to the Site. Registration: Certain areas of the Site are provided solely to registered Users of the Site. Any User registering for such access agrees to provide true and accurate information during the registration process. First Down Mobile, LLC. reserves the right to terminate the access of Users should First Down Mobile, LLC. know, or have reasonable grounds to suspect that a User has entered false of misleading information during the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of eighteen (18) shall not be permitted to register. First Down Mobile, LLC. reserves the right to require valid credit card information as proof of legal age. First Down Mobile, LLC. maintains a strict online Privacy Policy and will not sell or provide User credit card information to third parties. User Account: User will select a username and password as part of the registration process. All User account pages are protected with Secure Socket Layer (SSL) encryption. User is fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify First Down Mobile, LLC. at FirstDownMobile@gmail.com should User know, or have reasonable grounds to suspect, that the username or password have been compromised. First Down Mobile, LLC. shall not be responsible for User's failure to abide by this paragraph. First Down Mobile, LLC. may, in its sole discretion, terminate the User's account for any reason. Under no circumstances shall First Down Mobile, LLC. be liable to any User or third party for termination of a User's account. Third Party Advertisers: First Down Mobile, LLC. may allow third party advertisers to advertise on the Site. First Down Mobile, LLC. undertakes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. First Down Mobile, LLC. shall not be responsible for any loss or damage incurred by User in its dealings with third party advertisers. Privacy Policy: This privacy policy (Privacy Policy) covers First Down Mobile, LLC. treatment of personal or personally identifiable information (Personal Information) that may be collected when User is on the Site and when User uses First Down Mobile, LLC. services. This Privacy Policy does not apply to the practices of companies or individuals that First Down Mobile, LLC. does not own or exercise supervisory control over, or to third party advertisers on the Site. First Down Mobile, LLC. may collect Personal Information when User uses certain services on the Site or when User visits cookie-enabled web pages. First Down Mobile, LLC. may also log your IP address when User accesses the Site. First Down Mobile, LLC. uses this Personal Information to fulfill requests for our services or products, to contact Users regarding changes to our Site or our business, and to customize the content that User might see on the Site. First Down Mobile, LLC. may also use "cookie" files to better service User needs by creating a customized template or web page to the Site. First Down Mobile, LLC. will not sell or rent User's Personal Information to any individual, business or government entity unless requested by User or if First Down Mobile, LLC. is required to respond to court orders, subpoenas or other legal process. First Down Mobile, LLC. reserves the right to amend this policy at any time. First Down Mobile, LLC. will contact registered Users by email or shall post a notice of changes in its Site, when and if the terms of this policy are amended.
