MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE

CONSUMER IMPULSE reserve the right to change the Terms of Use at any time without notice. CONSUMER IMPULSE also reserves the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that CONSUMER IMPULSE shall not be liable to you or any third party for any modification to or discontinuance of the Service.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You acknowledge and agree that all materials contained in the Site and the Service are the copyrighted property of Consumer Impulse or its licensors. The Site, the Service and all the content contained thereon or accessible through it (including, without limitation, text, images, photographs, graphics, artwork, music, audio clips, video clips, software, logos, trademarks, and trade names), the Site's look and feel, its design and organization, the arrangement, collection and compilation of the foregoing (collectively, the "Site Content"), and all the intellectual property rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other proprietary rights) are and shall remain the sole and exclusive property of Consumer Impulse or its licensors.

You further acknowledge and agree that all trademarks, brands and service marks used in conjunction with the Service by Consumer Impulse, including the Consumer Impulse and Snipp logos, shall be the property of Consumer Impulse.

User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to Consumer Impulse a perpetual, non-exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.

EXTERNAL LINKS

The Service may contain links to other Internet sites, resources and members of the Service. CONSUMER IMPULSE is not responsible for the availability of these outside resources, or their contents, and does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall CONSUMER IMPULSE, be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

FEES FOR SUBSCRIBERS

CONSUMER IMPULSE services are provided to Subscribers free of charge. However, standard messaging rates apply and your carrier may charge service fees for text messaging (including receiving/sending messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. We recommend that you check with your wireless carrier to verify the fees that may apply to your wireless device plan. CONSUMER IMPULSE does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will we be responsible for fees that your wireless carrier may charge you.

BUSINESS TRANSFERS

As we continue to develop our business, CONSUMER IMPULSE might sell or buy additional assets. In such transactions, the information you have voluntarily provided in your user profile would generally be considered one of the transferred business assets. Any sale or transfer of CONSUMER IMPULSE or substantially all of its business assets, which included The CONSUMER IMPULSE Message Center, would likely be to an entity that agreed to comply with all of the material terms of our privacy policy.

DISCLAIMER OF WARRANTIES

THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED. CONSUMER IMPULSE DOES NOT MAKE ANY WARRANTY (I) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND OR (III) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONSUMER IMPULSE DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONSUMER IMPULSE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE - DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONSUMER IMPULSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF CONSUMER IMPULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT CONSUMER IMPULSE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE THAT CONSUMER IMPULSE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT CONSUMER IMPULSE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT CONSUMER IMPULSE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICE. YOU SPECIFICALLY AGREE THAT CONSUMER IMPULSE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CONSUMER IMPULSE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN CONSUMER IMPULSE BY ANY THIRD PARTY.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

MISCELLANEOUS

Ability to receive messages in any geographic area is not an indication that you can send messages. You will be billed for all sent messages, unless you receive an error message on your phone. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, your phone's memory is full, or you are outside the Text Messaging service area, the network will store and re-send any message. All Cellular carriers have different timelines for resending messages. Maximum message length is up to 160 characters, which includes your mobile domain name. If you have per line call blocking on your account your phone number will still transmit as part of an text message. You can only send short messages in select geographic areas. You may incur additional charges when roaming. Additional charges apply when sending international text messages. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.

This Agreement constitutes the complete and exclusive agreement between the CONSUMER IMPULSE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

The failure of the CONSUMER IMPULSE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms of Use must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.

The TOS and the relationship between you and Consumer Impulse shall be governed by the laws of New York without regard to its conflict of law provisions. You and Consumer Impulse agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

You agree that your Consumer Impulse account is non-transferable and any rights to your Consumer Impulse or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

VIOLATIONS

Please report any violations to privacy@snipp.com.