By accessing and using Gold Group Enterprises, LLC (GOLD) applications, collectively known as the Services, you agree that you have read, understood and accepted the terms and conditions below for the use of all GOLD services, including the GOLD network and the GOLD messaging platforms (collectively, the "Services"), and all updates, support and content. If you do not agree to these terms and conditions, do not use any of the GOLD Services. You represent that you are at the age of majority where you live, or have a parent or guardian's permission.

CONSUMER/END USER

Opt Out
To be removed from any GOLD mobile messaging program, reply STOP to the last message received.

Additional Information
To receive information or technical support for a campaign, reply HELP to the last message received.

Carriers supported:
ACS, AT&T, Alltel Wireless, Bluegrass Cellular, Dobson / Cellular One, Cellular One (IL), Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile®, US Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular.

These Terms and Conditions May Change
GOLD reserves the right to update or amend these Terms and Conditions at any time. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. The last date these Terms and Conditions were revised is set forth below.

GOLD May Change or Suspend Services
GOLD may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof (such as an offer) of any user for any reason. GOLD may also terminate or suspend any group or offer for any reason.

Eligibility
Neither the Site nor services are intended individuals under the age of majority where you live, or have not obtained a parent or guardian’s permission. If you are under the age of majority where you live, a parent or guardian must use the services and participate in any age-appropriate offer on your behalf. By registering with GOLD's services you are representing that you are at least of the age of majority where you live, or that you have your parent’s permission to register for the Services.

Passwords
If a password is required, you understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your handle and password. GOLD shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen it is the user's responsibility to notify GOLD, so that the missing password can be deactivated and a new one assigned.

CONSUMER

Use Restrictions
As the user, you are required to accept total responsibility for your behavior and conduct while using the Services. Common courtesy and mutual respect are necessary when communicating via text message. Because GOLD hopes to promote a safe and respectful atmosphere for our users, please read over the following list of what actions you agree to refrain from while using the Services. Violation of these rules will result in suspension of service.

In using the Services, you may not

A. Use the Services to transmit, route, provide connections to, or store any material that infringes copyrights works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties.

B. Assume the identity of any individual other than yourself. You may not impersonate another member, or a GOLD staff member.

C. Distribute or send unsolicited e-mail, text or voice message, "spam," "chain letters", "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.

D. Use the Services in any way that is against the law or harms GOLD or its affiliates, resellers, distributors, and/or vendors (collectively, the “GOLD parties”), damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service, resell or redistribute the service, or any part of the service, unless you have a reseller contract with GOLD that permits you to do so, upload, post, e-mail, or otherwise make available any content that incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence, is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy, use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of illegal gambling (including online casinos, sports books, bingo, and poker), illicit drugs, pharmaceuticals, or controlled substances, counterfeit, pirated, or stolen goods, goods that are considered indecent, obscene, or pornographic, Nazi memorabilia, registered or unregistered securities, or any goods or services that if sold via the service would cause GOLD or you to violate any laws and regulations, use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”), use any unauthorized third-party software or service to access the GOLD network, use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by GOLD or “meta-searching”), or use any unauthorized means to modify or reroute, or attempt to reroute the service.

Service Level Agreement
GOLD is committed to providing a high standard of technical support and deliver SMS and email messages swiftly. GOLD cannot guarantee delivery to the mobile phone handset due to several factors that could occur beyond our control, for example, the mobile phone may be switched off, SIM card full and unable to receive further messages, out of service area, or the network cell is busy or faulty. Any messages sent or received by the network operator will result in charges to your account. This includes messages that were not delivered due to the factors mentioned above that are beyond our control.

There may be a times when the Services are not available to Client because the GOLD suppliers, the mobile network operators or carriers’ own systems are down. GOLD holds no responsibility or liability for any issues or problems that may occur in your business under these circumstances. Every effort will be made to minimize any downtime of our Services in these instances.

GOLD may occasionally be required to carry out maintenance on its systems which could result in short periods of unavailability. This is necessary sometimes in order to implement changes and upgrades. Every effort will be made to carry out these changes outside of the normal US working hours. Prior notice will be given to our clients where possible if work is required within the US normal working hours to minimize the impact on our clients.

The occurrence of any of the following events do not affect Service Availability and their duration will be excluded from the above calculation:

a. The scheduled maintenance of the GOLD System.

b. Customer requests shutdown of the GOLD System or Services.

c. An event of Force Majeure event.

d. Customer's failure to timely respond to a Help Desk notification or inquiry.

e. Customer's failure to make timely payment.

e. Failures of aggregator, network operators or carriers.

Ownership: Copyright and Trademark Notice
Anytime you publish through GOLD, upload to and or distribute information through our Service, you are granting GOLD the right to publicly display, copy, edit, delete and distribute such works. You agree to and hereby assign any rights you may have in user groups that you create or participate in, including the name, theme and content thereof. GOLD may, at its sole discretion, and without compensation to any user, make user groups available for sponsorship and branding by Clients or other third parties.

Other than private text and e-mail messages, all of the content you see, hear or otherwise experience through the Services (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by GOLD or by third parties who may own them.

The Content and the Services as a whole are intended solely for the non-commercial use of authorized users. You may download, print and store selected portions of the Content, provided that you (i) only use copies of the Content for non-commercial purposes; and (ii) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. As between you and GOLD, GOLD shall retain all right, title and interest in and to the Content and Services, including all URLs. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without obtaining prior written permission from GOLD. For permission to use our materials on the web site for other purposes, please send an e-mail to info@gold-mobile.com. If you wish to use third-party materials appearing on the web site, you must contact the copyright owner of such materials.

Privacy
GOLD considers your use of the service to be private. However, to the maximum extent permitted by law, you authorize GOLD to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to comply with the law or legal process served on us enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law, protect the rights, property or safety of GOLD, its employees, customers, or the public. See additional information on privacy at

www.gold-mobile.com/privacy.html.

Software and Services Documentation
You may copy and use any documentation provided with the Services for your internal reference purposes.

Scope of License
Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. GOLD reserves all other rights. You may not work around any technical limitations in the software, reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation, make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation, publish the software for others to copy, use the software in any way that is against the law, rent, lease, or lend the software.

General Disclaimer and Limitation of Liability
GOLD is only a venue allowing users to communicate with other users and allowing users to receive promotional offers from third parties. If you choose to use or access the Site, use it's services or participate in the Offers, or participate in any offer associated in any way with GOLD, you do so on your own initiative and at your sole risk and you are responsible for compliance with all applicable laws.

THE SITE, THE CONTENT, THE SERVICES AND ALL OTHER MATERIALS ASSOCIATED IN ANY WAY WITH GOLD OR CONTAINED IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOLD, ITS PARENT AND SUBSIDIARIES AND ANY GOLD CLIENT, AND EACH OF THEIR RESPECTIVE VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, THE "GOLD COVERED ENTITIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT AND/OR ANY OFFERS OR THE ABSENCE OF VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT FROM GOLD.

UNDER NO CIRCUMSTANCES WILL ANY GOLD COVERED ENTITY BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, INJURIES, ACTIONS, DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") IN ANY WAY ARISING OUT OF OR RESULTING FROM THE SITE OR YOUR USE OF THE SITE; THE SERVICES; THE CONTENT; ANY OFFERS; ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR IN CONNECTION WITH A OFFERS (INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES OBTAINED BY A MINOR); ANY MODIFICATION OR SUSPENSION OF THE TERMS OR YOUR STATUS AS A REGISTERED USER; ANY DELAYS IN TRANSMISSION OF THE SITE OR THE CONTENT; ANY FAILURE IN PERFORMANCE OF THE SITE; ANY COMPUTER VIRUSES; ANY ERRORS OR DEFECTS; ANY INABILITY TO ACCESS, USE OR PRINT FROM THE SITE OR THE OFFERS; ANY DAMAGE TO YOUR COMPUTER OR WIRELESS OR WIRED DEVICE THAT RECEIVES THE OFFERS; OR ANY OTHER LOSS OF PROPERTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY GOLD COVERED ENTITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Indemnification
You agree to indemnify and hold harmless the GOLD Covered Entities from and against any and all claims, liabilities, losses, injuries, actions, damages, costs and expenses (including reasonable attorneys' fees) in any way arising out of or relating to your use of the Site any Service, any Offer or your breach of any of these Terms.

Assignment
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GOLD. Any such purported assignment or delegation by you without the appropriate prior written consent of GOLD will be null and void and of no force or effect.

Miscellaneous
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of GOLD to act with respect to a breach by any user or others does not waive GOLD rights to act with respect to subsequent or similar breaches. The failure of GOLD to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of New Jersey without regard to conflict of laws principles. All claims arising from this agreement must be filed in the state or Federal courts located in New Jersey. This agreement constitutes the entire agreement between GOLD and User with respect to the subject matter hereof.

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