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Another Brilliant Idea, Inc. Terms of Use

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

Welcome to Brilliant Mobile Messaging We are glad to have you as part of our service. 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. Thank you.

Acceptance of Terms of Use

By downloading and using Another Brilliant Idea, Inc. ("Brilliant Mobile Messaging", "we" or "us") Brilliant Mobile Messaging or Brilliant Mobile Messaging WAP Services (collectively, the "Brilliant Mobile Messaging Service"), you accept and agree to be bound by these Terms of Use. Brilliant Mobile Messaging 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 Brilliant Mobile Messaging website. The most current version will supersede all previous versions. By continuing to use the Brilliant Mobile Messaging 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 Brilliant Mobile Messaging service, or, if you are not at least 13, you may download and/or use the Brilliant Mobile Messaging service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Brilliant Mobile Messaging service.

Brilliant Mobile Messaging reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion.

Charges for Using the Brilliant Mobile Messaging Service

Brilliant Mobile Messaging is currently a complimentary service. However, when you use the Brilliant Mobile Messaging service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Brilliant Mobile Messaging Text message (SMS) Service

To opt in or subscribe to Brilliant Mobile Messaging, you can register by sending a text message* with the "keyword" advertised to 71441 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 Brilliant Mobile Messaging text message service. For more information, check your mobile phone service plan or visit your carrier's website.

After you install the Brilliant Mobile Messaging application and/or register for the Brilliant Mobile Messaging 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 71441 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 Brilliant Mobile Messaging text message service, you may email us at steve@brilliantmobilemarketing.com or 951-898-3727.

You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to 71441.

* coupons maybe not be available on all mobile devices.

List of carriers supported by Brilliant Mobile Messaging:
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

Brilliant Mobile Messaging is not responsible for evaluating or examining the individuals, companies or businesses offering the coupons obtained through the Brilliant Mobile Messaging service. Brilliant Mobile Messaging 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, Brilliant Mobile Messaging 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 Brilliant Mobile Messaging service is subject to the Brilliant Mobile Messaging Privacy Policy, the terms of which are incorporated into these Terms of Use.

Intellectual Property

Brilliant Mobile Messaging and/or its licensors are the sole owners of the Brilliant Mobile Messaging service, which includes any software, method of doing business, domains, and content made available through it. The Brilliant Mobile Messaging 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 Brilliant Mobile Messaging 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 Brilliant Mobile Messaging service without Brilliant Mobile Messaging's prior express written permission. Any unauthorized use of the Brilliant Mobile Messaging service will terminate the limited license granted by us. Brilliant Mobile Messaging and other marks, graphics, logos, icons and service names related to the Brilliant Mobile Messaging service are registered and unregistered trademarks or trade dress of Another Brilliant Idea, Inc.. They may not be used without Brilliant Mobile Messaging's prior express written permission. All other trademarks not owned by Brilliant Mobile Messaging that appear in connection with the Brilliant Mobile Messaging service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Brilliant Mobile Messaging.

Electronic Communications

By downloading and/or using the Brilliant Mobile Messaging service, you consent to receiving electronic communications and notices from Brilliant Mobile Messaging. 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 Brilliant Mobile Messaging 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 Brilliant Mobile Messaging service. You also agree not to interfere with the servers or networks connected to the Brilliant Mobile Messaging service or to violate any of the procedures, policies or regulations of networks connected to the Brilliant Mobile Messaging service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Brilliant Mobile Messaging Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Brilliant Mobile Messaging service; (3) use the Brilliant Mobile Messaging service for any unlawful purpose; or (4) resell or export the software associated with the Brilliant Mobile Messaging service.
Brilliant Mobile Messaging does not promote, recommend or condone use of the Brilliant Mobile Messaging service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Brilliant Mobile Messaging service during such activities.

Use of Information Submitted

You agree that Brilliant Mobile Messaging is free to use any comments, information or ideas contained in any communication you may send to Brilliant Mobile Messaging 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 Brilliant Mobile Messaging service or other products or services.

No Warranty & Liability Limit

BRILLIANT MOBILE MESSAGING PROVIDES THE BRILLIANT MOBILE MESSAGING SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. BRILLIANT MOBILE MESSAGING 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. Brilliant Mobile Messaging assumes no liability or responsibility for any errors or omissions in the Brilliant Mobile Messaging service; any failures, delays or interruptions in the Brilliant Mobile Messaging service; any losses or damages arising from the use of the Brilliant Mobile Messaging service, including, without limitation, any damage to your mobile device; or any conduct by users of the Brilliant Mobile Messaging service. We reserve the right to deliver the Brilliant Mobile Messaging service in our sole and absolute discretion.
IN NO EVENT SHALL BRILLIANT MOBILE MESSAGING, 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 BRILLIANT MOBILE MESSAGING 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 Brilliant Mobile Messaging 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 Brilliant Mobile Messaging 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 BRILLIANT MOBILE MESSAGING 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 Brilliant Mobile Messaging service, Brilliant Mobile Messaging'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 BRILLIANT MOBILE MESSAGING, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Brilliant Mobile Messaging") 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 Brilliant Mobile Messaging service, Brilliant Mobile Messaging'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 Brilliant Mobile Messaging. NEITHER YOU NOR BRILLIANT MOBILE MESSAGING 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 Brilliant Mobile Messaging 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

Brilliant Mobile Messaging reserves the right in its sole discretion to terminate or restrict your use of the Brilliant Mobile Messaging 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 Brilliant Mobile Messaging 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 Brilliant Mobile Messaging Use, please contact us at: steve@brilliantmobilemarketing.com


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