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Learn more about the terms that apply to you depending on the subsection that applies, in addition to the MOBILE VOICE LLC General Terms of Service

Advertisers (or anyone accessing our business services),

Registered Users,

Mobile App Users,

Electronic Commerce Transactions,

MOBILE VOICE LLC General Terms of Service

This General Terms of Service (this “TOS”), as may be modified or amended periodically by MOBILE VOICE LLC (as defined below), is a legally binding agreement made by and between MOBILE VOICE LLC and you, personally and, if applicable, on behalf of the entity for whom you are using any of MOBILE VOICE LLC’s products or services, (collectively, “you” or “your”). This TOS governs your use of all MOBILE VOICE LLC products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is March 21st, 2013.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MOBILE VOICE LLC DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MOBILE VOICE LLC, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

1. About The Services and The Terms

1.1 The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.

1.2 Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with MOBILE VOICE LLC, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.

1.3

Additional Terms. MOBILE VOICE LLC provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:

• If you advertise through MOBILE VOICE LLC or access our business services, then you will be subject to our MOBILE VOICE LLC Advertiser General Terms and Conditions and where applicable, the MOBILE VOICE LLC Services Terms

• If you use any of our mobile apps, you are subject to our Mobile App End User Terms

• If you purchase products or services online, you are subject to our Electronic Commerce Terms

• If you create an account, you are subject to our Registered User Terms

• For the provision of our Services, MOBILE VOICE LLC is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS and the Mobile App End User Terms (where applicable). Please see the Legal Notices

Page.

1.4

Nature of Services. MOBILE VOICE LLC provides Services that are, unless otherwise expressly stated, advertising sites and services. MOBILE VOICE LLC displays advertising on behalf of businesses and MOBILE VOICE LLC relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does MOBILE VOICE LLC endorse and/or have any other connection with the businesses that advertise with us.

1.5

Changes to Terms. MOBILE VOICE LLC may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.

2. Using the Services.

2.1

Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, MOBILE VOICE LLC grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that MOBILE VOICE LLC may provide from time to time.

2.2

Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. MOBILE VOICE LLC may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, MOBILE VOICE LLC may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until MOBILE VOICE LLC chooses to terminate it, regardless of whether any account you open is terminated by you or MOBILE VOICE LLC or whether you continue to use or continue to have the right to use the Services.

2.3

Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by MOBILE VOICE LLC, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or MOBILE VOICE LLC (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“MOBILE VOICE LLC Marks”), used in connection with the Services, without express permission from the owner.

2.4

Unauthorized Use of Marks. Although MOBILE VOICE LLC protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of MOBILE VOICE LLC Marks by a third party; accordingly, do not rely upon any third party’s use of any MOBILE VOICE LLC Marks in determining whether a third party is affiliated with MOBILE VOICE LLC, as such use may be unauthorized.

2.5

Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with MOBILE VOICE LLC’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to bass, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including MOBILE VOICE LLC), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any MOBILE VOICE LLC of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to MOBILE VOICE LLC; (viii) violate any law, rule, or regulation; (ix) use any MOBILE VOICE LLC Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the MOBILE VOICE LLC.com or MOBILE VOICE LLC domain name or any domain name that is confusingly similar to this or another MOBILE VOICE LLC domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any MOBILE VOICE LLC website (including deep linking to a specific portion of any MOBILE VOICE LLC website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this TOS. MOBILE VOICE LLC reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.

2.6

Changes. MOBILE VOICE LLC may change or discontinue any of the Services at any time without notice or liability to you or any third party.

3. Privacy Policy

You agree that MOBILE VOICE LLC may collect, use, and share your information in accordance with MOBILE VOICE LLC’s Privacy Policy.

4. Content and Feedback

4.1

Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with MOBILE VOICE LLC’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant MOBILE VOICE LLC (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.

4.2

Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MOBILE VOICE LLC, you agree that MOBILE VOICE LLC can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to MOBILE VOICE LLC in which you do not wish to grant such rights.

4.3

Third Party Content. MOBILE VOICE LLC may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. MOBILE VOICE LLC does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. MOBILE VOICE LLC is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. MOBILE VOICE LLC will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that MOBILE VOICE LLC is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.

4.4

Objectionable Content. If you become aware of any objectionable third-party content, you may contact MOBILE VOICE LLC customer service to report it. MOBILE VOICE LLC will address such requests if and to the extent it deems appropriate, in its sole discretion.

4.5

DMCA Policy. MOBILE VOICE LLC respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our DMCA Policy.

5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.

5.1

DISCLAIMER OF WARRANTIES. MOBILE VOICE LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE VOICE LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. MOBILE VOICE LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MOBILE VOICE LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. MOBILE VOICE LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM MOBILE VOICE LLC OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.

5.2

EXCLUSION OF DAMAGES. MOBILE VOICE LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.

5.3

LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF MOBILE VOICE LLC ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID MOBILE VOICE LLC FOR YOUR USE OF THE SERVICES; (II) $9; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.

5.4

STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5.5

Indemnity. You agree to indemnify, defend and hold MOBILE VOICE LLC and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, MOBILE VOICE LLC may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of MOBILE VOICE LLC.

6. Disputes

6.1

Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if MOBILE VOICE LLC reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to MOBILE VOICE LLC or any third party, MOBILE VOICE LLC may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Atlanta, Georgia, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 6.2. Furthermore, in no event will the terms of this section limit MOBILE VOICE LLC’s ability to investigate complaints or reported violations of this TOS or to take any action MOBILE VOICE LLC deems necessary and appropriate to mitigate actions against MOBILE VOICE LLC, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

6.2

Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact MOBILE VOICE LLC customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give MOBILE VOICE LLC 30 days within which to resolve the dispute to your satisfaction.

6.3

Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

7. Force Majeure

MOBILE VOICE LLC will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.

8. General

This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of Georgia without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and MOBILE VOICE LLC relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of MOBILE VOICE LLC. MOBILE VOICE LLC may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and MOBILE VOICE LLC. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by MOBILE VOICE LLC and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and MOBILE VOICE LLC are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.

9. Contacts

By providing your email address, you agree that MOBILE VOICE LLC may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. MOBILE VOICE LLC may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to MOBILE VOICE LLC, please send written communication to:

MOBILE VOICE LLC LLC

Attn: Legal Department

10122-C Hammerly Blvd.

Houston, Tx, 77080

For more information about your options concerning how we communicate with you, please see our Communications Policy.

Terms for Registered Users

IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE MOBILE VOICE LLC GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.

You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.

MOBILE VOICE LLC employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact MOBILE VOICE LLC customer service.

You must provide and keep us up-to-date with accurate information, including name, address, credit card number and expiration date (where required). We may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information, as well as the information you provided to register, is subject to the Privacy Policy, incorporated into this Agreement.

MOBILE VOICE LLC, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). MOBILE VOICE LLC has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

By creating an account, you are deemed to have “opted-in” to all tracking, collection, use, and sharing permitted under our Privacy Policy. Without limitation, you agree to receive emails from us periodically relating to your account, site services, offers, and promotions, including third-party offers. You may change your email preferences at any time in your account settings. Without limitation, you consent to MOBILE VOICE LLC's right to record any responses and ratings made by you in connection with your use of the Services.

When using the Services, MOBILE VOICE LLC may permit you to store data, preferences set by you, content or other information for your convenience, but MOBILE VOICE LLC is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.

User Generated Content Terms

IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE MOBILE VOICE LLC GENERAL TERMS OF SERVICE, PRIVACY POLICY AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT.”

Please note, however, that advertisements are not deemed User Generated Content and, therefore, are not subject to the terms below, instead, the MOBILE VOICE LLC Advertiser General Terms and Conditions, MOBILE VOICE LLC Services Terms and internal standards will govern.

MOBILE VOICE LLC reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.

You represent and warrant that you will not post any of the following:

(a)

Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;

(b)

Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;

(c)

Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;

(d)

Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;

(e)

Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;

(f)

Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;

(g)

Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;

(h)

Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;

(i)

Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by MOBILE VOICE LLC in its sole discretion;

(j)

Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;

(k)

Content that violates any standards or policies of MOBILE VOICE LLC as determined by MOBILE VOICE LLC in its sole discretion;

(l)

Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;

(m)

Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and

(n)

Content that intended to annoy, harass or anger other users, (e.g., “trolling”).

MOBILE VOICE LLC may take measures to remove User Generated Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of supplemental material to its business listing(s).

If you see objectionable content in the course of your use of the Services, you may report such content to MOBILE VOICE LLC by contacting MOBILE VOICE LLC customer service or through any other applicable reporting means as provided through the Services. MOBILE VOICE LLC reserves the right to address such requests in any manner in its sole discretion.

DMCA Policy

MOBILE VOICE LLC respects the copyright rights of others, and we expect our users to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others.

If you reasonably believe that any Material on the Sites contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), ("DMCA") you must promptly provide in writing the following information:

2.1

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

2.2

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

2.3

Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address;

2.4

Include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";

2.5

Include the following statement: "The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";

2.6

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

2.7

Send the written communication to:

MOBILE VOICE LLC LLC

Attn: DMCA Complaints

10122-C Hammerly Blvd

Houston, Tx, 77080

2.8

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 15.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY MOBILE VOICE LLC NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.

If You reasonably believe that any Material on the Site has been mistakenly removed pursuant to a claim filed under the DMCA, You must promptly provide the following to file a counter-notification as required by the DMCA:

3.1

Identification in writing the material that was mistakenly removed or disabled from access;

3.2

A description that reasonably identifies the material that has been removed or to which access has been disabled and the location of the material prior to its removal;

3.3

Include the statement: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled from access as a result of mistake or misidentification of the material to be removed or disabled.";

3.4

Your name, address, telephone number, and email address;

3.5

Include the statement: "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the notification under Section 512(c)(1)(C) or an agent of such person.";

3.6

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

3.7

Send the written communication to:

MOBILE VOICE LLC

Attn: DMCA Complaints

10122-C Hammerly Blvd

Houston, Tx, 77080

3.8

Please note that you may be liable for damages, including costs and attorney’s fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification.

If a user is found to be a repeat infringer of the copyright rights of others, MOBILE VOICE LLC may terminate access to the user’s Account.

Electronic Commerce Terms

You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of MOBILE VOICE LLC’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).

BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.

Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.

Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of MOBILE VOICE LLC, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound by the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available at https://www.nacha.org/achrules.

As permitted by our Privacy Policy, we will also save your credit or debit card information and use it for all future charges, which will automatically be charged to your saved card unless you notify MOBILE VOICE LLC customer service. Your right to cancel any recurring charges are provided in the applicable Product and/or Service Terms. We are not responsible for any fees or charges your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method such as a mailed statement. We may also cease providing Products to you.

Applicable Terms. Your use of MOBILE VOICE LLC’s website, and its other web and mobile-based products and services is subject to the MOBILE VOICE LLC General Terms of Service and MOBILE VOICE LLC Privacy Policy. Please refer to the MOBILE VOICE LLC General Terms of Service for important details that affect your use of the Products, such as the management of your MOBILE VOICE LLC account. Capitalized words or phrases not defined in these Electronic Transaction terms have the meaning given to them in the MOBILE VOICE LLC General Terms of Service. MOBILE VOICE LLC’s provision of the Products and/or Services, and your receipt and use of the Products and/or Services, is subject to the terms applicable to each Product and/or Service. Please refer to these Product and/or Service specific terms before purchasing.

Entire Agreement; Precedence. These Electronic Transactions Terms supersede all prior and contemporaneous agreements and understandings between you and MOBILE VOICE LLC relating to the Products or Services. In the event of any conflict or inconsistency among these Electronic Transaction terms, the Product and/or Service Terms, and the MOBILE VOICE LLC General Terms of Use, precedence will be given in that order

MOBILE VOICE LLC ADVERTISER GENERAL TERMS AND CONDITIONS

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO YOUR ORDER ARE REFERENCED HEREIN AND, UNLESS OTHERWISE INDICATED, LOCATED AT MOBILE VOICE LLC/ABOUT/LEGAL.

This Agreement for Advertising Services (this “Agreement”) is between the Advertiser and MOBILE VOICE LLC and its subsidiaries (collectively, “MOBILE VOICE LLC”), and consists of: (a) any order page or insertion order submitted by the advertiser (the “Advertiser”) set forth on the applicable Order and accepted by MOBILE VOICE LLC (each, an “Order”); (b) these MOBILE VOICE LLC Advertiser General Terms and Conditions (“General Terms”); (c) the “MOBILE VOICE LLC Services Terms,” located at MOBILE VOICE LLC/about/legal; (d) the “Terms of Service and Use” located at MOBILE VOICE LLC/about/legal; and (e) any other terms as provided herein, all as in effect on the date of the Order. The Order, the MOBILE VOICE LLC Services Terms, the Terms of Service and Use and such other terms are expressly incorporated herein by reference. (General Terms, Terms of Service and Use, and MOBILE VOICE LLC Services Terms are collectively referred to as, “Terms & Conditions”). In the event of any conflict between the MOBILE VOICE LLC Services Terms and the General Terms, the MOBILE VOICE LLC Services Terms will prevail with respect to the particular Advertising or Service. If Advertiser does not accept the Terms & Conditions, Advertiser must cancel all Orders within the Cancellation Period as described in Section 3 below.

1.Advertising and Services Ad Materials Fulfillment. Each Order will set forththe advertising or promotional message(s)that Advertiser desires to have placed (the“Advertising”)and the services to be performed by MOBILE VOICE LLC, which may include the placement of Advertising (the “Services”). Advertiser is responsible for all artwork, copy, and all other information and materials made available to MOBILE VOICE LLC by or on behalf of Advertiser or that Advertiser authorizes MOBILE VOICE LLC to utilize (including Advertiser Generated Content, as defined below, “Ad Materials”). Any estimates of performance are provided for informational purposes only, and do not constitute, and shall not be considered, a guarantee of performance or a guarantee of return. MOBILE VOICE LLC reserves the right, on behalf of itself and any of its third-party service providers (“MOBILE VOICE LLC Suppliers”), not to place, publish, and/or distribute any Advertising or Ad Materials for any or no reason, including not meeting MOBILE VOICE LLC’s or MOBILE VOICE LLC Suppliers’ specifications or standards, and Advertiser acknowledges and agrees that neither MOBILE VOICE LLC nor MOBILE VOICE LLC Suppliers shall be liable for not placing, publishing or distributing any Advertising. At their sole election, MOBILE VOICE LLC and/or MOBILE VOICE LLC Suppliers may, but are not required to, alter the Advertising or Ad Materials in order to meet publication specifications with or without notice or obligation to Advertiser. Advertiser waives any right to inspect, review or approve the finished Advertising. MOBILE VOICE LLC may take all actions reasonably necessary for the fulfillment of an Order (“Fulfillment”), including but not limited to provisioning, displaying, publishing, distributing, or otherwise placing Advertising into the stream of public commerce or making Advertising or a Service accessible to/by an end user. MOBILE VOICE LLC reserves the right to begin Fulfillment, without notice to Advertiser and when MOBILE VOICE LLC determines Advertising is ready for Fulfillment, using a template, placeholder or other substitute chosen by MOBILE VOICE LLC, if MOBILE VOICE LLC determines in its sole discretion that, following an executed Order, Fulfillment of Advertising will be delayed due to Advertiser’s action, inaction or omission. UNLESS OTHERWISE AGREED TO IN WRITING, MOBILE VOICE LLC MAKES NO WARRANTY REGARDING THE APPLICABILITY OF ANY REQUIREMENTS, STANDARDS AND/OR PRACTICES OF A LEGAL, REGULATORY, SELF-REGULATORY, AND/OR ETHICAL NATURE (COLLECTIVELY “REGULATIONS”) TO ANY ADVERTISING OR WITH RESPECT TO ANY COMPLIANCE THEREWITH. EACH ADVERTISER IS SOLELY RESPONSIBLE FOR ENSURING ITS OWN COMPLIANCE WITH REGULATIONS APPLICABLE TO IT AND/OR ITS ADVERTISING.

2. Term. Only MOBILE VOICE LLC’s performance of Services under an Order will constitute MOBILE VOICE LLC’s acceptance of the Order. The term of this Agreement commences upon MOBILE VOICE LLC’s acceptance of the first Order hereunder and will continue for an initial period as set forth in the Order (and if not set forth therein, then 12 months). The term of this Agreement will automatically renew, unless terminated as set forth in this Agreement, for a like term under the then-current Terms & Conditions. If no deadline for cancelling the renewal of an Order is set forth therein, Advertiser will be responsible for obtaining the deadline for cancelling the renewal of such Order by calling MOBILE VOICE LLC’s Customer Service Office at the number specified therein.

3. Cancellation of Orders. Advertiser may cancel this Agreement only by written notice , signed by an authorized representative of Advertiser, within ten days of execution or authorization of this Agreement (the “Cancellation Period”), and sent during the Cancellation Period by email to customer.care@mvitsolution.com. After the Cancellation Period, if Advertiser requests cancellation and such cancellation is reasonably practicable to MOBILE VOICE LLC, then the unpaid balance for the remainder of the term for the applicable Advertising and/or Services shall become immediately due and payable and any and all priority regarding the placement or positioning of Advertising a nd/or performance of Services under this Agreement will be extinguished.

4. Termination by MOBILE VOICE LLC.

MOBILE VOICE LLC may terminate this Agreement or any Order, in whole or in part, at any time upon written notice, including via email, to Advertiser. If MOBILE VOICE LLC intends to cease the provision of a particular Service, MOBILE VOICE LLC may, at its discretion, substitute the performance of substantially similar Services on the terms and conditions then applicable to such Service. If MOBILE VOICE LLC ceases to provide a Service and does not substitute a substantially similar Service, then the portions of each Order for the performance of such Service will terminate automatically. In addition, MOBILE VOICE LLC may terminate, remove, and/or suspend any or all Advertising or Services upon Advertiser’s failure to pay any amount when due as set forth herein. MOBILE VOICE LLC, in its sole discretion, may repurpose and/or reallocate any resources, including advertising and/or media inventory, which may have been allocated toward the use or support of the Services, and Advertiser shall have no rights with respect to any such resources and/or Services.

5. Payment, Billing, and Collections. (a) All charges for Advertising and Services will be due and payable upon commencement of MOBILE VOICE LLC’s delivery of the Advertising or performance of the Services. If MOBILE VOICE LLC issues an invoice to Advertiser, the invoiced amount will be due in full and without setoff on or before the due date set forth in such invoice (or, if no due date is set forth in the invoice, within 30 days after the date of the invoice). All payments are non-refundable. MOBILE VOICE LLC reserves the right to require partial or full payment in advance or to charge Advertiser a reasonable fee beyond anything specified on the applicable Order for requests that exceed MOBILE VOICE LLC’s customary services. MOBILE VOICE LLC has the right to allocate and apply periodic payments received from Advertiser to and among charges owed by Advertiser as it sees fit, including those that are separately billed. Advertiser will pay all sales, use, or other local, state, federal, foreign, or other taxes or governmental fees arising out of or in connection with this Agreement, other than taxes based on MOBILE VOICE LLC’s net income. If more than one person/entity requests Advertising under this Agreement or any Order, all such persons/entities will be jointly and severally liable for all charges due and payable under this Agreement.

(b) Late payments will accrue interest at a rate of 1.5% per month (or the highest lawful rate, if less). Advertiser will pay attorneys’ fees and internal and external costs that MOBILE VOICE LLC and/or its agents incur in collecting any unpaid amounts in addition to a collection activity fee of $25 for each month that Advertiser does not pay MOBILE VOICE LLC the full amount of charges due by the invoice due date. Advertiser agrees that the collection activity fee is not an interest charge for the time value of unpaid money and recovers costs that are different from the costs recovered by the late payment interest charge described in this Section.

(c) Advertiser may agree, in writing or by electronic authorization, to make single or recurring payments electronically via credit card or by automatic debits to Advertiser’s bank account via automated clearinghouse (ACH). MOBILE VOICE LLC may condition its acceptance of electronic payments upon Advertiser’s completion of a separate authorization form. Unless otherwise specified at the time Advertiser agrees to recurring electronic payments, the applicable automatic payment will be deducted on the due date of each invoice. Authorization for recurring electronic payments will remain in full force and effect until MOBILE VOICE LLC has received express written notification of Advertiser’s intention to cancel such authorization, and automatic deductions that were submitted for processing prior to MOBILE VOICE LLC’s receipt of the notice of cancellation may still be processed. Advertiser hereby releases MOBILE VOICE LLC and its Suppliers, including any payment processors, from any and all claims arising from the use of any means of electronic and/or automatic payment method, including any fees associated therewith.

(d) MOBILE VOICE LLC may disclose any or all information it has concerning Advertiser to any MOBILE VOICE LLC Party (as defined below) and/or any third parties, including credit-reporting agencies. If Advertiser applies for business credit and is denied, Advertiser has the right to a written statement of the specific reasons for the denial, which Advertiser may obtain by contacting MOBILE VOICE LLC within 60 days after Advertiser is notified of the decision at MOBILE VOICE LLC, 10122-C Hammerly Blvd, Houston, Tx, 77080, Attention: Credit Manager. MOBILE VOICE LLC will send Advertiser a written statement of reasons for the denial within 30 days of receiving Advertiser’s request. The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

6. Inactivity. If Advertiser fails to claim funds remaining on account with MOBILE VOICE LLC within 180 days of the last date upon which MOBILE VOICE LLC performed Services under the applicable Order, Advertiser will pay MOBILE VOICE LLC a reasonable fee for the maintenance and administration of those funds equal to $25 per month. MOBILE VOICE LLC may deduct this fee from Advertiser’s funds on account until the funds are transferred to Advertiser or exhausted. If Advertiser fails to claim any non-cash credit issued by MOBILE VOICE LLC within 180 days, Advertiser will be deemed to have waived such credit and will have no claim to the credited amounts.

7. Bundles and Incentive Pricing. If an Order provides for Advertising and/or Services at bundled, unitary, promotional, or incentive pricing (each, a “Bundle”), MOBILE VOICE LLC’s commencement of performance of Services provided as part of a Bundle will constitute commencement of performance for all Services within the same Bundle. Cancellation of part of a Bundle will not relieve Advertiser’s obligation to pay the full price for the Bundle. Cancellation of or failure to pay for part of a Bundle may result in incentive pricing reverting to the full undiscounted rate for same, which Advertiser shall be obligated to pay.

8. Comprehensive Advertising Plans. If an Order includes Services pursuant to which MOBILE VOICE LLC may, in its sole discretion, place Advertising on Advertiser’s behalf in various media or channels of distribution (e.g., MC2), then Advertiser agrees and understands the terms applicable to all such media or channels of distribution in which Advertising is placed by MOBILE VOICE LLC, in addition to those terms specific to Comprehensive Advertising Plans, shall apply, and all such terms are located at MOBILE VOICE LLC/about/legal.

9. Supplemental Advertising. Recognizing that the essential value of the Services is the dissemination of information to facilitate and encourage individuals to visit, contact, and/or learn more about Advertiser, MOBILE VOICE LLC may, in its sole discretion and without cost to the Advertiser, display the Ad Materials in additional media or channels of distribution other than the media or channels of distribution set forth in the applicable Order (“Supplemental Advertising”). Consistent with Section 11 of these General Terms and Conditions, Advertiser, for itself and any third party with an interest in or to Ad Materials, grants MOBILE VOICE LLC a nonexclusive, worldwide license, to use the Ad Materials in Supplemental Advertising, and Advertiser agrees that these General Terms and Conditions apply to Supplemental Advertising. MOBILE VOICE LLC may from time to time provide notice to Advertiser that MOBILE VOICE LLC intends to provide Supplemental Advertising to Advertiser, and Advertiser’s failure to object to the provision of Supplemental Advertising shall constitute Advertiser’s confirmation that MOBILE VOICE LLC is both authorized to provide Supplemental Advertising and also that such Supplemental Advertising is governed by the parties’ Agreement (including these General Terms and Conditions).

10. Warranties and Covenants. Advertiser warrants and covenants to MOBILE VOICE LLC, its parent(s), subsidiaries, affiliates, and MOBILE VOICE LLC Suppliers, and their respective directors, officers, employees, and agents (the “MOBILE VOICE LLC Parties”) that: (a) Advertiser owns or otherwise controls all necessary rights to any trademark, service mark, logo, name, message, data, image, text, photos, graphics, audio, video or other material or intellectual property contained or embodied in any Ad Materials, and Advertiser will maintain such ownership or control throughout the term of this Agreement;

(b) Advertiser is a business and not a consumer and that it is at all times solely responsible for the truthfulness and accuracy of all of Advertiser’s Advertising, and Advertiser will not, and will not allow any third party to, submit any Ad Materials that, or use the Services in any manner that: (i) violates any law, regulation, or industry guidelines; (ii) is harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive; (iii) infringes any third party’s patent, trademark, trade secret, copyright, other intellectual property rights, or other rights (collectively, “IP Rights”); (iv) advocates or solicits violence, criminal conduct, or the violation of any local, state, national or international law or the rights of any third party; (v) is deceptive in any way or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity; (vi) provides

material support or resources (or conceals or disguises the nature, location, source or ownership of same) to any organization designated by the U.S. government as a foreign terrorist organization pursuant

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to section 219 of the Immigration and Nationality Act; and/or (vii) reproduces, sells, resells, or exploits for any commercial purpose any portion of, use of, or access to the Services;

(c) Advertiser will provide MOBILE VOICE LLC all information, materials, consents, and authorizations necessary for MOBILE VOICE LLC to place and publish the Advertising or to perform the Services, and will do so in a timely manner;

(d) Advertiser will not and will not allow anyone working for it to: (i) engage in any form of spamming or improper (as determined by MOBILE VOICE LLC) clicking, impression generation, e-mailing, texting, or marketing in connection with the Advertising and/or Services; (ii) access any MOBILE VOICE LLC Party’s network or system for any purpose other than internal use to access Services and/or manage its accounts(s); (iii) interfere or attempt to interfere with the proper working of any MOBILE VOICE LLC Party’s network or system; and/or (iv) use any data from any MOBILE VOICE LLC Party’s network and/or system for any purpose outside of the limited purpose contemplated by this Agreement and the applicable Order;

(e) Advertiser shall be solely responsible for all fees, royalties, and other amounts of any kind or nature payable in connection with Advertising: (i) to record companies, artists, and all other royalty participants resulting from exploitation of any copyrighted materials (“Compositions”); (ii) to publishers or other owners of Compositions or under union or guild collective bargaining agreements; (iii) to third parties in connection with the use of their names, images, voices, or likenesses as part of any Advertising; and (iv) to any and all other third parties with respect to the provision, receipt, or use of Services; and

(f) Advertiser waives all provisions of state and federal so-called “Do Not Call,” “Do Not E-mail,” and “Do Not Fax” laws in respect to MOBILE VOICE LLC Parties’ placement of telephone calls, e-mails, and faxes to Advertiser, and Advertiser agrees to accept such phone calls, faxes, e-mails, and other communications sent by or on behalf of MOBILE VOICE LLC Parties related to MOBILE VOICE LLC’s services, including future services.

11. Intellectual Property. Advertiser, for itself and any third party with an interest in or to Ad Materials, grants MOBILE VOICE LLC a nonexclusive, worldwide license, including the right to sublicense, to copy, distribute, create derivative works based upon, publicly display, publicly perform, reproduce, promote, resize, rearrange, modify, and otherwise use the Ad Materials in any media or service, in whatever format, now or in the future, provided that such use is pursuant to this Agreement and/or in furtherance of distribution of Advertising on behalf of Advertiser. In addition, MOBILE VOICE LLC shall have the irrevocable right to use the Ad Materials in any materials advertising, promoting, and/or publicizing MOBILE VOICE LLC’s services and/or products. Except as otherwise provided herein, MOBILE VOICE LLC owns all IP Rights in and to the Advertising, the Services and all information, materials, logos, software, or other tools or information used to develop or display the Advertising or to provide the Services. Advertiser may not reproduce the Advertising, any medium in which such artwork is distributed or any MOBILE VOICE LLC-developed artwork for any purpose without the express prior written permission of MOBILE VOICE LLC.

12. Collection and Use of Data. MOBILE VOICE LLC may collect, disclose, and use data concerning the delivery of Advertising, individuals’ interactions with Advertising, and the performance and receipt of the Services in accordance with MOBILE VOICE LLC’s Privacy Policy and the applicable MOBILE VOICE LLC Services Terms, both located at MOBILE VOICE LLC /about/legal.

13. Advertiser Generated Content. MOBILE VOICE LLC will have no obligation to investigate or confirm, and does not in any way endorse, the accuracy, legality, legitimacy, validity, suitability, or reliability of any content directly generated or controlled by Advertiser, its representatives, employees, contractors (other than MOBILE VOICE LLC), or agents (“Advertiser Generated Content”), including any of the products, services, offers, deals, coupons, or other promotional materials or representations contained or referenced in the Advertising. MOBILE VOICE LLC makes no representations or warranties whatsoever concerning any products or services advertised, sold, or provided by Advertiser (including, without limitation, the quality, safety, or legality of such products or services or the sale thereof), or any offers, deals, coupons, or other promotional materials or representations contained or referenced in any Advertiser Generated Content. Any commercial, sales, use, membership, subscription, affiliation, participation, or promotional relationship Advertiser may create with any third party, including obligations undertaken by Advertiser with respect to payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between Advertiser and such third party. Advertiser will be solely liable to any third party claimant with respect to the content of the Advertiser Generated Content

14.MOBILE VOICE LLC Suppliers. (a)MOBILE VOICE LLC may have entered in to one or more contracts with MOBILE VOICE LLC Suppliers in connection with the performance of Services. Advertiser consents to the use of any MOBILE VOICE LLC Supplier that MOBILE VOICE LLC deems suitable for the purpose in question and agrees that the use of any such MOBILE VOICE LLC Supplier does not limit Advertiser’s obligations to MOBILE VOICE LLC pursuant to the terms of this Agreement. MOBILE VOICE LLC may provide MOBILE VOICE LLC Suppliers with all relevant information regarding the Advertiser in connection with the performance of Services.

(b) Representatives of MOBILE VOICE LLC Suppliers, including representatives who may be visiting locations designated by the Advertiser (e.g., recording audio, video, taking photographs) will be employees and/or contractors of the MOBILE VOICE LLC Suppliers and will not be employees of MOBILE VOICE LLC. By signing the applicable Order, Advertiser directs MOBILE VOICE LLC to have MOBILE VOICE LLC Suppliers contact Advertiser directly about coordinating the same.

(c) Websites or other electronic portals operated by the MOBILE VOICE LLC Suppliers (each, a “MOBILE VOICE LLC Supplier Website”) may have different terms of use than those applicable to MOBILE VOICE LLC’s websites or electronic portals. Advertiser is solely responsible for investigating the terms of use, privacy policies, and/or other rules or requirements applicable to MOBILE VOICE LLC Supplier Websites. MOBILE VOICE LLC will have no obligation or liability to Advertiser with respect to any differences between the operation and administration of MOBILE VOICE LLC’s websites or electronic portals and the MOBILE VOICE LLC Supplier Websites. Advertiser agrees to be bound by the applicable terms of use and/or other applicable terms of any applicable MOBILE VOICE LLC Supplier Website. MOBILE VOICE LLC is an intended third party beneficiary of any limitations of liability, representations, warranties and/or indemnities pursuant to the terms of use or similar terms of any MOBILE VOICE LLC Supplier Website.

(d) Other than liability incurred directly in connection with the performance of a Service, which shall be subject to all limitations of liability contained in the Agreement, Advertiser releases and holds MOBILE VOICE LLC harmless for any claims, actions, losses, expenses, damages, costs, and/or liabilities that may arise as a result of the actions or inactions of MOBILE VOICE LLC Suppliers and/or their employees, contractors, or representatives. Any such claims, actions, losses, expenses, damages, costs, and/or liabilities shall be strictly between Advertiser and the applicable MOBILE VOICE LLC Suppliers.

15. Disclaimers. Advertiser acknowledges that the essential value of the Services is the dissemination of information facilitating individuals to visit, contact, and/or learn more about Advertiser, and that MOBILE VOICE LLC may, in its discretion, determine the method, scope and penetration of such dissemination (e.g., scope and penetration of directory distribution, delivery quantities, and geographic coverage of the Services). ADVERTISER ASSUMES ALL RISKS CONCERNING THE FUNCTIONALITY, PERFORMANCE, AND RESULTS OF THE ADVERTISING AND SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE MOBILE VOICE LLC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO ADVERTISER OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY, PERFORMANCE, OR RESULTS OF THE ADVERTISING OR THE SERVICES OR OTHERWISE UNDER OR RELATED TO THIS AGREEMENT. For the avoidance of doubt, no MOBILE VOICE LLC Party will be bound by, and Advertiser acknowledges that Advertiser is not relying on: (a) any representation or warranty concerning revenue, profit, return on investment, or results to be generated from its Advertising; (b) any representation or warranty regarding either the number, makeup, or distribution of people who will view Advertising and/or the residences or businesses that will access or receive the media containing the Advertising; (c) any representation, warranty, or covenant concerning the quantity, quality and/or validity of traffic, impressions, or interactions with or leads generated by Advertising; (d) any custom or prior course of dealing; or (e) the nature of others’ advertising. Although MOBILE VOICE LLC will use commercially reasonable efforts to include any Ad Materials and/or design elements that Advertiser may reasonably request be included in the Advertising, subject to the procedures established by MOBILE VOICE LLC for that purpose, MOBILE VOICE LLC expressly disclaims any liability for failure to include, and Advertiser’s payment obligations hereunder shall not in any way be contingent upon inclusion of, any such Ad Materials and/or design elements in the Advertising.

16. Infringement; Indemnity. If a third party claims, or if MOBILE VOICE LLC believes that a third party may claim, that any Advertising or Ad Materials, or the placement or publishing thereof, infringes any third party’s IP Rights, MOBILE VOICE LLC may terminate this Agreement, in whole or in part, and/or reject, cancel, discontinue, or suspend the Services, in MOBILE VOICE LLC’s sole discretion, without liability, until Advertiser has resolved the actual or potential third party claim to MOBILE VOICE LLC’s satisfaction. Advertiser shall indemnify and hold harmless the MOBILE VOICE LLC Parties against all claims, actions, losses, expenses, damages, costs, and liabilities, including professional advisors’ fees and other expenses incurred in the defense of any claims arising from this Agreement, including in connection with: (a) breaches of any warranty or covenant made herein; (b) the Ad Materials, Advertising, and Advertiser’s requests for advertising and/or services; and (c) Advertiser’s failure to honor any promise, offer, or other statement set forth in any Advertising, Ad Materials or Advertiser Generated Content.

17. Limitation of Liability. Any claim arising out of an error or omission in MOBILE VOICE LLC’s performance of the Services must be made in writing by U.S. Certified Mail (return receipt requested) to MOBILE VOICE LLC within six months of the first occurrence of such error or such claim shall be deemed waived. If the MOBILE VOICE LLC Services Terms (located at MOBILE VOICE LLC /about/legal) applicable to the Service out of which such claim arose provide for makegoods, then MOBILE VOICE LLC’s compliance with its obligations with respect to such makegoods will constitute the MOBILE VOICE LLC Parties’ sole obligation and Advertiser’s sole and exclusive remedy for any breach of this Agreement relating to such Advertising or Service. In no event will the MOBILE VOICE LLC Parties’ aggregate liability under this Agreement exceed the amount paid under the applicable Order for the specific Advertising and/or Service at issue. UNDER NO CIRCUMSTANCES WILL THE MOBILE VOICE LLC PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, OR LOSS OF GOODWILL, FOR ANY REASON WHATSOEVER, INCLUDING THE RESULT OF ERRORS OR OMISSIONS, THE REJECTION OR REMOVAL OF ANY ADVERTISING, ANY DELAY IN DISPLAYING, MOBILE VOICE LLC PARTIES’ FAILURE TO DISPLAY OR DISTRIBUTE ADVERTISING, OR MOBILE VOICE LLC PARTIES’ FAILURE TO PERFORM SERVICES. MOBILE VOICE LLC’S ACCEPTANCE OF THIS AGREEMENT AND THE RATES CHARGED FOR THE ADVERTISING AND OTHER SERVICES ARE BASED UPON THE LIMITATION OF THE MOBILE VOICE LLC PARTIES’ LIABILITY AS SET FORTH HEREIN. Advertiser may negotiate to pay additional charges (based on MOBILE VOICE LLC’s sole assessment of risk factors) in lieu of this limitation of liability by calling Customer Service as listed on the applicable Order and entering into an agreement with MOBILE VOICE LLC providing otherwise. Such an agreement must be in writing, signed by both parties. MOBILE VOICE LLC has no obligation to accept or enter into such an agreement if it feels it does not adequately compensate it for the additional risk, costs.

18. Force Majeure. MOBILE VOICE LLC will not have any liability to Advertiser, and Advertiser will remain responsible for all moneys owed to MOBILE VOICE LLC, if MOBILE VOICE LLC’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by, Advertiser or a third party (including MOBILE VOICE LLC Suppliers).

19. Miscellaneous; Exclusive Venue. This Agreement and all claims and disputes arising under or relating to this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflicts of law principles. Any action or proceeding arising under or relating to this Agreement shall be filed only in the United States District Court for the Northern District of Georgia or the Superior Court of DeKalb County, Georgia. Advertiser hereby consents and submits to the exclusive jurisdiction and venue of those courts and waives any objection based on the convenience of these exclusive venues. All claims and disputes arising under or relating to this Agreement shall be adjudicated on an individual basis, and Advertiser will not consolidate or seek class treatment for any claim unless previously agreed to in writing by MOBILE VOICE LLC. MOBILE VOICE LLC’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all other communications, including all prior agreements, between the parties with respect to such subject matter. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. MOBILE VOICE LLC may assign its rights and duties under this Agreement to any party at any time without notice to Advertiser; provided, that upon any such assignment, Advertiser hereby acknowledges and agrees that MOBILE VOICE LLC shall be released and discharged from further liabilities, duties and obligations hereunder; provided, further that such release and discharge shall not affect any rights of MOBILE VOICE LLC or liabilities, duties, and obligations owed by Advertiser to MOBILE VOICE LLC with respect to payments or other obligations due and payable or due to be performed on or prior to the date of such assignment. Advertiser’s rights and duties under this Agreement are not assignable without the written consent of MOBILE VOICE LLC.