MOBILE TEXT ALERTS SERVICES AGREEMENT

This Mobile Text Alerts Services Agreement (this "Agreement") is made by and between Mobile Text Alerts L.L.C., a Nebraska limited liability company ("Mobile Text Alerts" or "Us" or "We"), and you, a user seeking to create a Mobile Text Alerts account and use the Mobile Text Alerts services ("User" or "You").

You must agree to abide by the terms and conditions contained in this Agreement in order to register for an account with Mobile Text Alerts or to use the Mobile Text Alerts services, including using the services to initiate any text message or telephone call. By signing up for a Mobile Text Alerts account or using the services, You indicate Your acceptance of the terms and conditions set forth in this Agreement. If You do not accept this Agreement, do not register for or continue use of the Mobile Text Alerts services. Your use of the services is also governed by the Mobile Text Alerts Terms of Service and License Agreement, Privacy Policy, and any other applicable policies posted on the Website.

  1. The Services. Mobile Text Alerts provides internet-based tools for its users to populate and manage contact lists and then initiate text messages, telephone calls, and other communications (collectively, "Communications") through one or more third-party providers (the "Services"). The Services are accessible through the Website located at www.mobile-text-alerts.com and the Mobile Text Alerts Mobile Application (for purposes of this Agreement, the Website and Application are collectively referred to as the "Website"). Subject to and in accordance with the terms and conditions of this Agreement and the Terms of Service and payment of all required fees by User, Mobile Text Alerts agrees to grant User a subscription to access and use the Services through the Website. All access to the Services shall be through the Website and User shall not have any right to download or install any software or other tools directly onto Subscriber's computer or other equipment. The Services may be further described and/or limited through User's order forms submitted through the Services, including through the account dashboard, each of which are incorporated into this Agreement.

  1. Registration. In order to create an account with Mobile Text Alerts and use the Services, You must be at least eighteen (18) years of age and must complete the required registration form found on the Website, which requires supplying a valid email address, telephone number, and password. Additionally, if you upgrade to a paid account, you must provide valid payment information through the payment processor and comply with the payment processor's applicable terms and conditions. Mobile Text Alerts reserves the right, in its sole and absolute discretion, to (i) deny any person or entity the right to register with Mobile Text Alerts or use the Services and/or (ii) terminate any person or entity's Account and access to the Services at any time.

As part of the registration process, You will select an email/username and password combination that You use to access Your Mobile Text Alerts account (Your "Account"). You must provide Mobile Text Alerts with accurate, complete and updated registration information. You may not impersonate another person or entity. You shall notify Mobile Text Alerts of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username or password. You are solely responsible for maintaining the confidentiality of Your username and password and are solely responsible for all usage and activity on or through Your Account, including use of Your Account by a third party authorized by You. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Your Account by Mobile Text Alerts, in its sole and absolute discretion, and referral to the appropriate law enforcement agencies.

Mobile Text Alerts reserves the right to send emails to You at the email address You provide and to otherwise communicate with You for purposes related to the Affiliate Program, including, but not limited to, informing You of applicable changes or additions to the Affiliate Program, the Website or this Agreement.

  1. Control Over Contacts and Communications; Compliance With Applicable Laws and Guidance

Mobile Text Alerts provides User tools and User is responsible for lawfully and responsibly using those tools. User understands and agrees that User is solely responsible for determining the content of User's Communications, determining whether to send Communications, determining which persons the User will send the Communications, determining when to send Communications, and all other decisions regarding the sending of Communications to User's contacts. For purposes of the Telephone Consumer Protection Act, User, and not Mobile Text Alerts, is the initiator of the Communications to User's contacts.

User represents and warrants that User complies with all applicable state, federal, or international laws, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and all rules, regulations, or guidance promulgated by the Federal Communication Commission or the Federal Trade Commission thereunder, the CAN-SPAM Act of 2003, as amended, and all rules and regulations promulgated by any federal agency thereunder, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telemarketing Sales Rule, all laws or rules pertaining to the National Do Not Call Registry, and all other Federal Trade Commission rules and regulations pertaining to deceptive trade practices ("Applicable Law") and all applicable current guidance and best practices promulgated by the CTIA-The Wireless Association, the Mobile Marketing Association, or other industry organizations which may be formed from time to time ("Industry Guidance"). User represents and warrants that User will use the Services in accordance with Applicable Law and Industry Guidance, that User's collection, processing, transfer, and use of any personal information is in accordance with Applicable Law and in accordance with User's posted privacy policy (of which User must have one), and User will not send any Communications prohibited by Applicable Law or Industry Guidance.

You represent and warrant that the owners of the telephone numbers to whom you initiate Communications have consented or otherwise opted-in to the receipt of such Communications from You, as required by Applicable Law. User will not submit any telephone numbers or other contact information to Mobile Text Alerts, and will not initiate any Communications to any such numbers or contacts, unless the owner of that telephone number or contact information has provided all necessary consents required by Applicable Law.

You agree that you will include clear opt-out/unsubscribe information in your Communications when required to do so by Applicable Law or Industry Guidance. You further agree that any individuals requesting Do-Not-Call ("DNC") status shall be immediately placed on your DNC accounts list and you further agree that you will not initiate any further Communications to any individuals after they request DNC status or otherwise request not to receive Communications from You.

User represents and warrants User will not engage in any kind of deceitful, deceptive, misleading, or other unfair trade practices or advertising or any other fraudulent or other unlawful practice and all of User's Communications are truthful, not deceptive or misleading, and any claims contained therein can be appropriately substantiated.

If Mobile Text Alerts receive notice from any source of any spam or other abuse of the Services related to User's use of the Services, Mobile Text Alerts reserves the right to take appropriate actions, including terminating or suspending User's Account without notice, in Mobile Text Alerts' sole discretion.

  1. Acceptable Use Policy. User is prohibited from sending any Communications to any person or entity that contain, advertise, contribute to, or relate to any of the following:

  1. unsolicited marketing messages or any other form of spam;

  1. prohibited calls to any emergency or life-line services, such as hospitals, fire, police, 911, or utility-related telephone numbers;

  1. misleading any person as to the identity of the sender of Communications;

  1. harassing, defamatory, abusive, threatening, harmful, obscene, pornographic, or otherwise objectionable material in Mobile Text Alerts' sole discretion;

  1. material that infringes upon any person's intellectual property rights;

  1. contains any viruses, malware, spyware, or other harmful or deceptive codes or mechanisms;

  1. narcotics, steroids, certain controlled substances, drug paraphernalia or other products that are illegal;

  1. items that encourage, promote, facilitate or instruct others to engage in illegal activity;

  1. stolen goods including digital and virtual goods;

  1. sexually oriented materials or services;

  1. ammunition, firearms, or certain firearm parts or accessories;

  1. weapons or knives regulated under applicable law;

  1. supporting pyramid or Ponzi schemes;

  1. violating applicable laws or industry regulations regarding the sale of tobacco products or prescription drugs;

  1. gambling, gaming, and/or any other activity with an entry fee and a prize, including casino games, sports betting, lottery tickets, and other similar activities;

  1. contains protected health information as defined by the Health Insurance Portability and Accountability Act;

  1. is beyond or contrary to the scope of the consent provided by the recipient; or

  1. unlawful content or otherwise violates any Applicable Law, is contrary to Industry Guidance, or violates this Agreement or the Terms of Service.

Mobile Text Alerts reserves the right to suspend and/or terminate Your Account if you send Communications to any person in violation of this Agreement. Mobile Text Alerts reserves the right, but not the obligation, to monitor the content sent to User's contacts to monitor compliance with this Agreement.

  1. PAYMENTS AND REFUNDS

Recurring Payments; Subscription. If you sign up for a subscription account, your provided payment method will be charged for the subscription every period until you cancel your subscription. Please review the specific terms of your subscription for more information. If you purchase a subscription but choose not to include a renewal option, your access to the applicable paid portion of the Services will terminate when your subscription period has ended. By signing up for a paid subscription, you agree to pay all applicable fees set forth on your particular order page. Prices are subject to change during the term of the subscription. You can cancel your subscription at any time by cancelling your account in your Mobile Text Alerts account settings. You must cancel your subscription before your renewal date in order to avoid incurring a charge for the next renewal period.

Free and Upgraded Services. Mobile Text Alerts may make some of the Services available for free (the "Free Services"). Mobile Text Alerts does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality, including limitations on the number of contacts or Communications capable of being sent by User. You can upgrade your Account to change these limitations or to add additional services. Please review the specific terms for your applicable Account. Prices are subject to change. Mobile Text Alerts reserves the right to immediately terminate an Account and your access to the Services if payment is not made.

Free Trials. Mobile Text Alerts may offer its Services through free trial offers from time to time. The failure to cancel your free trial during the stated period (or prior to the occurrence of any other stated condition) will result in you being charged for the associated subscription fees beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer, if applicable. Mobile Text Alerts does not guarantee that any portion of the Services will always be available for free.

Pass Through Fees. In the event Mobile Text Alerts is charged fees by any third-parties as a result of your specific use of the Services, you agree to pay Mobile Text Alerts for all such pass-through fees.

Refund Policy. Unless otherwise stated, Mobile Text Alerts does not guarantee any refunds and reserves the right to decline any refund requests; however, if you are unsatisfied with any purchase from Mobile Text Alerts, you may contact us at contact@mobile-text-alarts.com.

  1. License and Intellectual Property. User is and shall remain the sole owner and controller of all data input by User or User's contacts into the Website or Services. You hereby grant to Us a worldwide, nonexclusive, limited, revocable right to use, copy, transmit, and display the content, telephone number lists, and other information you submit to Mobile Text Alerts for the purpose of providing the Services or otherwise in accordance with the Mobile Text Alerts Privacy Policy.

The registered and unregistered trademarks, service marks, tradenames, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin (collectively, "Trademarks") of Mobile Text Alerts may not be used without Mobile Text Alert's written consent. All other Trademarks not owned by Mobile Text Alerts that appear on the Website are the property of their respective owners, who may or may not be affiliates with, connected to, or sponsored by Mobile Text Alerts.

  1. Inactive Accounts. Mobile Text Alerts reserves the right, in its sole and absolute discretion, to terminate Your Account and delete all associated data if it is left inactive for more than six (6) months. An "inactive" account is one for which both of the following are true for at least six (6) months: (i) no one has logged into the Account, and (ii) no one has sent any Communications through the Services.

  1. Mutual Representations. Each party represents and warrants that it has the right to enter into and fully perform the services contemplated herein and there is no outstanding contract, commitment or agreement to which it is a party that conflicts with this Agreement.

  1. Limitation of Liability; Disclaimer of Warranty. IN NO EVENT SHALL MOBILE TEXT ALERTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM: (A) USER'S USE OF ANY OF MOBILE TEXT ALERTS' SERVICES OR THE WEBSITE, (B) USER'S SENDING OF ANY COMMUNICATIONS TO ANY PERSONS OR ENTITIES; OR (C) ANY PRODUCTS OR SERVICES SOLD BY USER.

DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY AND THE USE OF THIRD-PARTIES TO FACILITATE COMMUNICATIONS, DOWN TIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE WEBSITE, THE LINKS, OR THE OTHER SERVICES DESCRIBED HEREIN MAY OCCUR. MOBILE TEXT ALERTS DOES NOT GUARANTEE THAT ALL COMMUNICATIONS WILL BE DELIVERED TO ALL OF YOUR CONTACTS AND IS NOT LIABLE FOR ANY FAILURE FOR COMMUNICATIONS TO BE SENT OR DELIVERED. WITHOUT LIMITING THE ABOVE, THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND MOBILE TEXT ALERTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS THEREIN; (C) THAT THE SECURITY METHODS EMPLOYED BY MOBILE TEXT ALERTS WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR AGAINST ALL ATTACKS; OR (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION SET FORTH THEREIN OR THEREON. ALL INFORMATION AND SERVICES PROVIDED BY MOBILE TEXT ALERTS IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. SOME STATES LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF IT MAY NOT APPLY TO YOU.

MOBILE TEXT ALERTS' LIABILITY AND USER'S REMEDIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE DESCRIBED HEREIN. MOBILE TEXT ALERTS' LIABILITY, WHETHER BASED ON TORT, CONTRACT, WARRANTY, STRICT LIABILITY, OR ANOTHER LEGAL CLAIM, SHALL NOT EXCEED THE GREATER OF: (A) $100.00; OR (B) THE AMOUNT PAID BY USER TO MOBILE TEXT ALERTS PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM. IN NO EVENT SHALL MOBILE TEXT ALERTS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF CONTACT OR CUSTOMER LISTS, PROPERTY DAMAGE, DAMAGE FOR BODILY INJURY, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF MOBILE TEXT ALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Mobile Text Alerts does not guarantee that User will achieve any particular earnings or results through the user of the Services.

Do not rely solely on the Services for any emergency Communications.

  1. Indemnity. User agrees to indemnify, defend and hold Mobile Text Alerts and its affiliates, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, advertisers, (collectively, "Indemnified Parties") harmless from any claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorneys' fees and expenses) (collectively "Claims") arising from (a) User's breach of the terms of this Agreement; (b) User's violation of an Applicable Law, including User's failure to obtain all necessary consents prior to sending a Communication to any person; (c) User's sending of any Communication; (d) the content of any Communication; or (e) User's use of the Services. Mobile Text Alerts reserves the right, at User's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User hereunder. No settlement related to a Claim may be consummated without Mobile Text Alerts' express written authorization, which shall not be unreasonably withheld.

User will immediately notify Mobile Text Alerts of any current, impending, or potential legal action against it by a third party for matters relating to Mobile Text Alerts, this Agreement, or the sending of any Communications when the same arises.

  1. Confidentiality. Subject to the Privacy Policy set forth on the Website, in the course of this Agreement, each party may have access to confidential and proprietary information ("Confidential Information") relating to the User, User's contacts, or Mobile Text Alerts. User agrees not to disclose or disseminate any Confidential Information without prior express written consent from Mobile Text Alerts, except to the extent required by law. The term "Confidential Information" shall include, without limitation, information regarding processes, techniques, or know-how, or any information or data developed pursuant to the performance of the Services. However, Confidential Information shall not include information that is or becomes part of the public domain through no action or omission of the receiving party, that becomes available to the receiving party from third parties without such receiving party's knowledge of any breach of fiduciary duty, or that the receiving party had in its possession prior to the date of this Agreement.

  1. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, however, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.

  1. General.

  1. Entire Agreement. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.

  1. Term. This Agreement shall begin upon Your registration and creation of Your Account and shall remain in effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon providing written notice of termination to the other party.

  1. Governing Law. This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by and construed according to the laws of the State of Nebraska, without regard to its conflicts of laws provisions, and any disputes arising under or relating to this Agreement shall be brought exclusively in the state or federal courts of Lancaster County, Nebraska.

  1. Waiver. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

  1. Assignment. User may not assign any of its rights hereunder without the prior written consent of Mobile Text Alerts, which consent may be withheld for any reason.

  1. Severability. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms.

  1. Relationship. The Parties hereto are independent contractors. There is no relationship of partnership, agency, employment, franchise or joint venture between the Parties. Neither Party has the authority to bind the other or incur any obligation on its behalf.

  1. Amendments. Mobile Text Alerts reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Services at any time. In the event of any material change, Mobile Text Alerts will post a new version of this Agreement to the Website. If you continue to use the Services following the posting of the updated Agreement, then you are deemed to have accepted the updated Agreement which shall take effect upon posting.

  1. No Third Party Benefit. Except as explicitly stated herein, the parties intend that no other person or entity is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties, and that the covenants, undertakings, and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, the parties and their respective successors and assigns as permitted hereunder.

  1. Headings. Headings herein are used solely for convenience and are not intended nor in any sense are to be given any weight in the construction of the Agreement.

  1. Notice. Any notice, communication or statement relating to this Agreement shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile transmission or verified email; or (iii) when delivered by registered or certified mail, postage prepaid, return receipt requested or by nationally recognized overnight courier service to User at the address provided during the registration process and to Mobile Text Alerts at the following address:

Mobile Text Alerts, L.L.C.

3224 South 76th Street

Lincoln, NE 68506

1909462.01