Mobile Terms

Services: Text messaging services powered by Skycore LLC (hereafter “Skycore”, “us”, “our”, “we”) are sent by a business which you have engaged with. There is no subscription fees or premium charges for receiving text messages, however your standard carrier messaging and data rates may apply. This mobile messaging service requires human intervention for the mobile messages to be initiated, and thus the mobile messages are not sent to you by an automatic telephone dialing system. We may deliver marketing messages using an automatic telephone dialing system in the future; and you understand that you are not required to opt in as a condition of any purchase you are making with the business. By texting a keyword related to a product, business or service or replying YES to a consent request message, you are agreeing to these Terms and are agreeing to receive recurring text messages about that product, service or business. The frequency of recurring text messages may vary. If you have consented to receive recurring messages about a company, product or service you may text STOP to the sender at anytime to opt-out. SMS and MMS messaging content may not be compatible with all phone models or carriers. Participating carriers include but are not limited to Verizon Wireless, T-Mobile, MetroPCS, AT&T, Sprint, and U.S. Cellular. Carriers are not liable for delayed or undelivered messages. We are not be liable for any delays or failures in the receipt of any mobile message. You must be 18 or older or have permission from a parent or guardian to participate. Text HELP to the sender for help. 

Representations: You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained herein or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

Changes: We reserve the right to change these Terms from time to time and you acknowledge your responsibility to review these Terms from time to time to be aware of any such changes. Your continued participation in the service after any such change shall constitute your acceptance of the modified Terms.

Arbitration: In the event that there is a dispute, claim or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit the mobile messages, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in New York, NY before one arbitrator. To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

Content License: The Content made available to you as part of our Services are protected by intellectual property laws. By receiving a message, you have been granted a limited, non-exclusive, non-transferable, license to view the Content on a mobile device solely for your own personal use. By submitting a message, you grant us a worldwide, transferable license to use, duplicate, perform and sub-license your Content as necessary to perform our Services. 

Disclaimer: WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE, SERVICE OR ANY THIRD-PARTY CONTENT AND ANY PRODUCTS ADVERTISED BY SUCH THIRD PARTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

Limitation of Liability: We are not liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your access to or use of a Service and/or the Content. By availing yourself to any Services and/or Content, you agree to release and hold Skycore LLC, its employees, officers, directors, shareholders, agents, representatives, affiliates and subsidiaries harmless from any and all losses, damages, rights, claims and actions including but not limited to:

  1. mobile device hardware or software malfunctions, failures or difficulties of any kind;
  2. failed, incomplete, garbled or delayed messages or content;
  3. any disruption or corruption of the Content;
  4. any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Content; and
  5. mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or find objectionable.