Take5 Mobile service is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your subscription and use of the Take5 Mobile service constitutes
your agreement to all such terms, conditions, and notices. You can
direct any questions regarding these terms of service to info@Take5mobile.com WHO SENDS NOTIFICATIONS: Authorized Take5 Mobile community service clients that meet MMA standards. These include Civic agencies, Schools, Districts, County & City officials, Community event and services organizations, community News organizations and general business. WHO RECEIVES NOTIFICATIONS: In order to receive notifications you must opt in or signup for services from a Take5 Mobile client. Opting in requires submission of your desire to receive information from a Take5 Mobile client via email, mobile device, land line or by fax. Forms of opting in include; web opt-in form submission for services of the client, opt-in from your mobile devices following instructions provided by the client and/or you are already an existing opt in participant for notifications from a Take5 Mobile client.
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.
Take5 Mobile reserves the right to change the terms, conditions, and notices under which the Take5 Mobile services are offered, including but not limited to the changes associated with the use of the Take5 Mobile services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular web sites. Your continued use of the Take5 Mobile services constitutes your agreement to all such terms, conditions, and notices. Take5 Mobile specifically disclaims any liability with regard to the content and communication services offered through the Take5 Mobile service. THE INFORMATION AND SERVICES INCLUDED IN THE Take5 Mobile SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION RECEIVED THROUGH THE Take5 Mobile SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL Take5 Mobile AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION CONTAINED WITHIN THE Take5 Mobile SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AT YOUR OWN RISK. Take5 Mobile AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION. YOU SPECIFICALLY AGREE THAT Take5 Mobile 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 AN SMS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Take5 Mobile 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 Take5 Mobile IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Take5 Mobile SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL Take5 Mobile AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF LIFE, INJURIES, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Take5 Mobile SERVICES, WITH THE DELAY OR INABILITY TO USE THE Take5 Mobile SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION OBTAINED THROUGH THE Take5 Mobile SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Take5 Mobile SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Take5 Mobile OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Take5 Mobile SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Take5 Mobile SERVICES. IF Take5 Mobile IS TO BE FOUND LIABLE IN A COURT OF LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES TO BE RECOVERED WILL BE LIMITED TO THE AMOUNT OF YOUR SUBSCRIPTION FEES YOU HAVE PAID TO Take5 Mobile. Take5 Mobile reserves the right, in its sole discretion, to terminate your subscription and access to any or all Take5 Mobile Take5 Mobile shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you. You may unsubscribe to the Take5 Mobile services at any time by going here. |



