International Falls, Minnesota

info@218marketing.com

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Terms of Use

  

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE. 

We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Use. 

Acceptance of Terms of Use
By downloading and using 218Marketing ("we" or "us") SMS or SMS WAP Services (collectively, the "218Marketing SMS Service"), you accept and agree to be bound by these Terms of Use. 218Marketing may at any time modify these Terms of Use. You can review the most current version of it by clicking on the "Terms of Use" link located at the bottom of the 218Marketing website. The most current version will supersede all previous versions. By continuing to use the 218Marekting SMS service after changes are made, you agree to be bound by such changes. 

Limitations on Use You must be at least 13 years old to download and use the 218Marketing SMS service, or, if you are not at least 13, you may download and/or use the 218Marketing SMS service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the 218Marketing SMS service.  

218Marketing reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion. ​ ​Charges for Using the 218Marketing SMS Service is currently a complimentary service. However, when you use the 218Marketing SMS service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. ​

218Marketing SMS Text message (SMS) Service
To opt in or subscribe to 218Marketing SMS, you can register by sending a text message* with the "keyword" advertised to 64600, and we'll guide you through the process from your mobile phone. Message & Data Rates May Apply to all text messages sent to or from the 218Markeitng SMS text message service. For more information, check your mobile phone service plan or visit your carrier's website. 

After you install the 218Marketing SMS application and/or register for the 218Marketing SMS service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter. To opt out from our text message service, send a text message with the word STOP to 64600 from your mobile phone, and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone. To get help with the Blue Sky SMS text message service, you may email us at info@218marketing.com or 218-230-6065. You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to 64600   

*coupons maybe not be available on all mobile devices. 

List of carriers supported by 218Marketing SMS: 

  • AT&T  Sprint Verizon Wireless
  • U.S. Cellular® 
  • T-Mobile  
  • Cellular One 
  • Dobson  
  • Cincinnati Bell  
  • Alltel 
  • Virgin Mobile USA  
  • Cellular South  
  • Unicel 
  • Centennial  
  • Ntelos 
  • Metro PCS ​ ​

Coupon Providers
218Marketing is not responsible for evaluating or examining the individuals, companies or businesses offering the coupons obtained through the 218Marketing SMS service. 218Marketing is not responsible for the content, offers, programs or policies of such individuals, companies or businesses, including, without limitation, your redemption of such offers or refusal to honor any offer. Further, 218Marketing is not responsible for any issues arising from the products or services purchased or received from the coupons. Your dealings with the third parties providing the coupons are solely between you and the applicable third party.  

Privacy
Any information that you submit or we collect when you are using the 218Marketing SMS service is subject to the 218Marketing Privacy Policy, the terms of which are incorporated into these Terms of Use. 

Intellectual Property
218Marketing and/or its licensors are the sole owners of the 218Marketing SMS service, which includes any software, method of doing business, domains, and content made available through it. The 218Marketing SMS service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and 218Marketing grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the 218Marketing SMS service without 218Marketing's prior express written permission. Any unauthorized use of the 218Marketing SMS service will terminate the limited license granted by us. 218Marketing and other marks, graphics, logos, icons and service names related to the 218Marketing SMS service are registered and unregistered trademarks or trade dress of 218Marekting. They may not be used without 218Marketing's prior express written permission. All other trademarks not owned by 218Marekting that appear in connection with the 218Marekting SMS service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by 218Marketing. ​

Electronic Communications
By downloading and/or using the 218Marketing SMS service, you consent to receiving electronic communications and notices from 218Marekting. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. ​ ​

Your Conduct
By downloading and using the 218Marekting SMS service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the 218Marketing SMS service. You also agree not to interfere with the servers or networks connected to the 218Marekting SMS service or to violate any of the procedures, policies or regulations of networks connected to the 218Marekting SMS service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the 218Marketing SMS Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the 218Marketing SMS service; (3) use the 218Marekting SMS service for any unlawful purpose; or (4) resell or export the software associated with the 218Marketing SMS service. 218Marketing SMS does not promote, recommend or condone use of the 218Marketing SMS service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the 218Marekting SMS service during such activities. 

Use of Information Submitted
You agree that 218Marketing is free to use any comments, information or ideas contained in any communication you may send to 218Marketing without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the 218Marketing SMS service or other products or services. ​ 

No Warranty & Liability Limit
218MARKETING PROVIDES THE 218MARKETING SMS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. 218MARKETING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 218Marketing assumes no liability or responsibility for any errors or omissions in the 218Marketing SMS service; any failures, delays or interruptions in the 218Marketing SMS service; any losses or damages arising from the use of the 218Marketing SMS service, including, without limitation, any damage to your mobile device; or any conduct by users of the 218Marketing SMS service. We reserve the right to deliver the 218Marekting SMS service in our sole and absolute discretion. IN NO EVENT SHALL 218MARKETING, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE 218MARKETING SMS SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. ​ ​

Indemnity
You agree to indemnify and hold 218Marketing and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the 218Marketing SMS service or your violation of any law or the rights of any third party. 

Disputes ​
1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND 218MARKETING arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the 218MARKETING SMS service, 218Marketing's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.  

2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND 218MARKETING, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "218Marketing") arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the 218Marketing SMS service, 218Marketing's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and 218Marketing. NEITHER YOU NOR 218MARKETING SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.  

3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the 218Marketing SMS service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.  ​

Right to Terminate
218Marketing reserves the right in its sole discretion to terminate or restrict your use of the 218Marketing SMS service, without notice, for any or no reason whatsoever. 

General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and 218Marketing with respect to the subject matter hereof.  ​

Contact Us
If you have any questions about these Terms of Use or the download and/or use of the 218Marketing SMS, please contact us at: info@218marketing.com