Last Revised: August 2017
1. Basic Terms
FreeMo’s Services permit businesses and advertisers to deliver ads, coupons, deals, and other advertising content to a user’s mobile lockscreen and within the FreeMo Application (“the App”). FreeMo rewards users for engaging in the advertising with reward credits (“Reward Credits”), which may be redeemed by select participating carriers (“Partners”) to reduce some or all of the End User’s monthly cell phone services.
You may use the Services only if you are (i) at least 18 years old and can form a binding contract with FreeMo or a minor age 13 through 17 who has been authorized by a parent or guardian that has consented on your behalf to your use the Services and Terms; and (ii) are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Due to the nature of FreeMo’s Services, the Services are always evolving and the form and nature of the Services that FreeMo provides may change from time to time without prior notice to you. In addition, FreeMo may modify or stop (permanently or temporarily) providing the Services (or any features within the Services, include the Reward Credits) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, the personal information you provide FreeMo or other information. The types and extent of advertising by FreeMo on the Services are subject to change. In consideration for FreeMo granting you access to and use of the Services, you agree that FreeMo and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether provided by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. FreeMo cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Advertising Content
Any and all advertising Content on the FreeMo Services is the sole responsibility of the business or advertiser who originated such Content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such Content. Any use or reliance on any Content or materials displayed on the App or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications displayed via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will FreeMo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Reward and Referral Credits
After you set up and register your FreeMo account, you may earn credits by completing “daily check-ins” and advertising offers listed on the “Offer Wall” in the FreeMo App. The offers are subject to change without notice. Every one hundred credits can be redeemed $1.00 off your cellphone bill. You must have 1,500 credits to redeem. You cannot earn credits by engaging in the same offer twice. Reward credits have no cash value and are not transferrable. Reward Credits do not have any cash value and constitute only a reward credit which may be redeemed by Partners as a credit to reduce some or all of the End User’s monthly cell phone services. Please check with your carrier as, unless otherwise prohibited by local law, some Partners may expire Reward Credits after 45 days.
6. Your License To Use the Services
FreeMo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software FreeMo provides you as part of the Services. The sole purpose of this license is to enable you to use and enjoy the benefits of the Services as provided by FreeMo, in the manner permitted by these Terms.
7. FreeMo Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of FreeMo and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use FreeMo’s name, trademarks, logos, domain names, or other distinctive brand features. Should you provide FreeMo any feedback, comments, or suggestions regarding its Services, such provision is entirely voluntary and FreeMo may, in its sole discretion, use such feedback, comments or suggestions as we see fit without any obligation to you.
8. Restrictions on Content and Use of the Services
FreeMo reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FreeMo, its users and the public. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, FreeMo’s computer systems, or the technical delivery systems of FreeMo’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
FreeMo respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion.
10. Ending These Terms
The Terms will continue to apply until they are terminated by either you or FreeMo in accordance with this section. You may end your legal agreement with FreeMo at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform FreeMo if you stop using the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 7, 8, 9, 10, 11, and 12.Nothing in this section shall affect FreeMo’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits FreeMo’s liability and the liability of its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “FreeMo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A) Services Provided “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE FREEMO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The FreeMo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the FreeMo Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the FreeMo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the FreeMo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FREEMO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FREEMO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FREEMO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FREEMO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Aggregated Device Data
13. Anonymous Data Collection
A) Data Collection: Airpush collects data relating to your use of this and other apps, your device and use of the device, such as Bluetooth beacon data, hashed or encrypted values of your email or phone number, geolocation, and other permission-based user information. You will see the ê icon whenever data is being collected.
B) Data Use: Anonymous data is commercially shared by Airpush with third parties for marketing and research, user trends and adoption measurement, interest-based profiling, analytics, and optimization. Airpush will not serve ads through this app, but data may be used to deliver interest-based ads via other channels.
C) Privacy and Opt-Out Options: AirPush collects data in accordance with applicable privacy laws, including the EU-US Privacy Shield Framework, and its own Technology Privacy Statement. You may opt-out of interest-based ads by clicking here.
14. Dispute Resolution – Agreement to Arbitrate
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are availableat https://www.adr.org/ActiveRules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless you and the FreeMo Entities otherwise agree, the arbitration will be conducted in Seattle, Washington by one arbitrator. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
15. Digital Millennium Copyright Act (DMCA)
Notification of Infringement
We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”
If you are a copyright and/or trademark owner, or are authorized to act on behalf of one or authorized to act under any exclusive license of such right, please report alleged acts of infringement taking place on or through our site and services by completing the following DMCA Notice of Alleged Infringement through the process described below. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, it deems appropriate.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work(s) and/or trademark(s) that you claim has been infringed.
2. Identify the material(s) and/or link(s) you claim is infringing and that access to which is to be removed or disabled.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted and/or trademarked material is not authorized by the owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright and/or trademark or of an exclusive license under such right that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Notice, with all items completed, to info@getFreeMo.com.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We Have No Obligation to Adjudicate IP Claims
Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.
16. General Terms
FreeMo’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
C) Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in King County, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).
D) Entire Agreement
E) Revisions and Updates to Terms
We may revise these Terms from time to time, the most current version will always be at our site. If, in our sole discretion, we determine a revision is material we may notify you via an update or e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
F) Additional Terms from App Provider
If you accessed or downloaded our Services from an app store such as the Apple Store, Google Play or the Amazon Appstore (collectively the “App Providers” and each an “App Provider”), then you acknowledge and agree that:
- The App Providers have no obligation to furnish any maintenance and support services with respect to the FreeMo Application.
- FreeMo, not Apple, is responsible for addressing any claims made by you relating to the FreeMo Application or your possession and/or use of the FreeMo Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the FreeMo Application or your possession and use of the FreeMo Application infringes that third party’s intellectual property rights, FreeMo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
In addition, if the App Provider is the Apple:
In the event of any failure of the FreeMo Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the FreeMo Application back to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the FreeMo Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
These Services are operated and provided by:
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