ShopText User Agreement and Terms of Use
Last modified: November 2011

The ShopText Services are provided by ShopText, Inc. located at 20 Marshall Street, Suite 220, Norwalk, CT 06854 ("ShopText").

The "Services" include, without limitation: (a) all websites owned or provided by ShopText; (b) all software, text or other offerings and applications owned or provided by ShopText; and (c) all promotions, offers or other content or information available on or through or submitted on or through ShopText. By using the Services, you agree to comply with and be bound by the following terms and conditions ("Terms of Use").

YOUR USE OF THE SHOPTEXT SERVICE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO THIS AGREEMEND AND TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

The Services will allow you to request coupons, offers, promotions, goods and participate in services with your mobile device. You set up your ShopText account by completing the registration page below. Your mobile phone must support certain functionality (e.g., be able to send and receive SMS messages) to utilize the Services.

ShopText will send and receive text messages to and from the mobile phone number you provided in your registration. Message and data rates may apply. You are responsible for any and all costs for your mobile phone use, including text messaging and data costs (MSG&Data rates may apply). You represent that you are the authorized user of the mobile phone you use in connection with the Services and are authorized to approve the applicable charges.

Text STOP to 467467 to opt out of all programs. Text STOP (keyword) to 467467 to opt out of a specific program. Text HELP to 467467for general help. Text HELP (keyword) to 467467for help with a specific program.

ShopText discloses certain personally identifiable information to third parties for processing requests. Certain information may also be provided to the merchant whose product or offer you are requesting and/or the media property from which you made the request. However, you will not receive any marketing text messages unless you specifically opt-in to receive them. See our Privacy Policy for more details.

1. If you are under 13 years of age, do not use or access the Services at any time or in any manner, or submit any information to ShopText. By providing your credit card information, you represent and warrant to ShopText that you are at least 18 years old and can enter into legally binding contracts. Minors may not make purchases using ShopText.

2. You agree to use the Services only in accordance with this Agreement. You also agree not to: (a) violate ShopText's security; or (b) attempt to access information that you are not authorized to access or to utilize another user's account name or security codes without authorization from that user, or (c) in any other manner that is prohibited by any merchant or ShopText policy, or any law or regulation, including U.S. export control laws.

3. The information you have provided to ShopText is accurate and complete. You agree to promptly update this information if and when it becomes inaccurate. You will promptly report to ShopText any violation of this Agreement or ShopText's policies by merchants or other ShopText accountholders.

4. Your use of the Services is subject to any conditions established by ShopText and this Agreement. Your ShopText Account is for your sole, personal use, you may not authorize others to use the Services. ShopText may assign, sell or otherwise transfer this Agreement, or the ShopText Services.

5. You are not located in, under the control of, or a national or resident of any country which is listed as a "Specially Designated National", or is found on the Commerce Department's Table of Denial Orders, or to which the United States has embargoed goods.

6. ShopText uses industry-standard encryption technologies when transferring and receiving data exchanged with you, your cellular provider, and the cellular network generally and any merchants or other parties. Although ShopText uses industry standard encryption technology, ShopText cannot guarantee the security of any data transmitted over the Internet or any wireless network. Because ShopText cannot fully ensure the security of any information during the transmission process, your transmission of such information is done at your own risk.

7. ShopText may accept as correct, accurate, and complete, without any further inquiry, all information, data, materials, orders, charges and other records delivered, supplied or made available to ShopText by you or any merchant or otherwise at your direction or under your authority. ShopText shall have no responsibility or liability for any error, inadequacy or omission which results from inaccurate or incomplete information, data, materials, orders, charges or other records provided to ShopText by you or at your direction or under your authority.

8. ShopText owns and retains trademarks, code and other proprietary rights, including in software, its services, accounts and business. The ShopText website contains copyrighted material, trademarks, and other proprietary information of ShopText, its licensors and licensees. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. No license is granted to you by virtue of using the Services.

9. In the event that software is provided in connection with the Services, you may use the software subject to all of the following: (a) the software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the software source code; (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the software or disclose any such method or means to any third party; (d) the software may not be modified or altered in any way; and (e) the software may not be transferred, sublicensed, assigned, copied, or redistributed.

10. All content, including without limitation, any offer or coupon, grocery product, recipe, drug, and health information in connection with the Services is provided for informational purposes only and should not be construed to indicate that any such content is endorsed by ShopText, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. ShopText makes no representation or guarantee that the content is accurate, complete or timely, and reliance on any such information is solely at your own risk.

11. The terms of this Agreement become effective upon your use of the Services. ShopText has the right to add or delete terms, or otherwise modify this Agreement from time to time, as follows: (a) additions, deletions or modifications are effective immediately upon either a posting to the ShopText website, or upon notice to your email account or a text message to the mobile phone number provided by you in your registration, except that important modifications to your rights and responsibilities shall be posted on the ShopText Home Page http://www.shoptext.com and effective three days after the posting; (b) your continued use of the Services following the posting of any addition, deletion or other modification to this Agreement shall be conclusively deemed your acceptance of all such additions, deletions or other modification(s); (c) if you do not accept these additions, deletions or other modifications to this Agreement, or any policies or practices of ShopText, your only remedy is to terminate this Agreement and your use of the Services by delivering notice to ShopText at help@shoptext.com. Such notice will be effective upon receipt by ShopText, and will not effect any prior use of the Services; and (d) you agree to check www.shoptext.com regularly for additions, deletions or modifications to this Agreement. ShopText shall not be held responsible for any loss to you or otherwise caused by your not checking for additions, deletions or modifications to this Agreement. ShopText may suspend or terminate your use of the Services if it believes, in its sole and absolute discretion, that you breached this Agreement or any ShopText policy.

12. YOUR USE OF THE SERVICES IS PROVIDED "AS IS". SHOPTEXT SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO: (A) YOUR USE OF THE SERVICES; (B) ANY COUPON, INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES; (C) YOUR MOBILE PHONE SERVICE, OR ANY TRANSMISSION OF DATA OVER YOUR MOBILE PHONE OR VIA SHOPTEXT OR ANY MERCHANT.

13. Your use of the Services is affected by many factors, including software or your telecommunications services, which are not by their nature error free or uninterrupted. Your use of the Services may also be suspended or unavailable because of disruption in telecommunication services, power outages, natural disasters, terrorism or similar occurrences which result in a disruption in services. ShopText makes no warranty that your use of the Services will be error-free, uninterrupted, timely or that you will be satisfied with the products or services you request using the Services. ShopText is not liable for any losses suffered by you or others as a result of suspensions, or other disruptions in service.

14. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SHOPTEXT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, OR PARTNERS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF ANY USE OR MISUSE OF YOUR SHOPTEXT ACCOUNT, THE SERVICES OR VIOLATION OF THIS AGREEMENT.

15. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, SHOPTEXT, ITS MERCHANTS OR AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE THAT MAY RESULT FROM OR ARISE OUT OF (A) YOUR SHOPTEXT ACCOUNT OR THE USE OR AVAILABILITY OF THE SERVICES, (B) ANY PROMOTIONS, PRODUCTS OR SERVICES OBTAINED OR REQUESTED USING THE SERVICES, OR (C) ANY LOSS OR DISRUPTION OF YOUR MOBILE PHONE SERVICE OR LOSS OR DISCLOSURE OR THEFT OF DATA. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, AND IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. The laws of the State of Connecticut USA shall govern the construction and interpretation of this Agreement and your rights and the rights of ShopText and its suppliers, partners and merchants. You agree that any controversy or claim that arises out of or relates to your use of the Services shall be settled by binding confidential arbitration before a single arbitrator to be held in Norwalk, CT, in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator may enter a judgment upon the award in any court having jurisdiction. Any award rendered by the arbitrator may include costs against you or ShopText. The arbitrator has no power or authority to award special, punitive, or multiple damages against you or against ShopText. Notwithstanding anything to the contrary in this Agreement or otherwise, ShopText may at any time seek an injunction or other forms of equitable relief from any court of competent jurisdiction either during or outside any pending arbitration.

17. You agree that regardless of any statute or law to the contrary, any claim relating to your use of the Services, or this Agreement, must be commenced within one year after such claim arose or it is forever barred.

18. This Agreement represents the entire agreement of you and ShopText with respect to your use of the Services. If any one or more of the provisions contained in this Agreement shall for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

19. Supported Carriers: Alltel, AT&T, Boost Mobile, Cincinnati Bell Wireless, Nextel, nTelos, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile, and U.S. Cellular.

If you have any questions regarding this User Agreement and Terms of Use, please contact us via email at help@shoptext.com or via mail at:

ShopText, Inc.
20 Marshall Street, Ste. 220
Norwalk, CT 06854