This document provides the terms and conditions (the “Terms and Conditions”) for Raze Media’s Service (as defined in Section 1). By using the Service in any way, you are agreeing to be bound by and to comply with the Terms and Conditions. By using the Service in any way, you (1) represent that you are at least 13 years of age and, if you are not the subscriber of a participating mobile communications carrier, you have the consent of such subscriber to sign-up for and use the Service on behalf of the subscriber, and (2) agree, on your behalf and on behalf of the subscriber, to be bound by the Terms and Conditions. Raze Media reserves all rights to modify, add, remove or otherwise change any portion of the Terms and Conditions at any time and at its sole discretion. Please review the Terms and Conditions periodically for such changes. By using the Service in any way subsequent to the posting of any changes to the Terms and Conditions, you are agreeing to be bound by and to comply with all such changes.
Mobile Terms and Conditions
Raze Media offers permission based notifications, coupons/promotions, surveys, polls and live, in-venue text to screen campaigns. Receive up to 20 messages per month delivered directly to your mobile device, The Raze Media Mobile Alerts program is available to all users ages 13 and above.
By signing up you agree to receive marketing text messages, which may be sent through an automatic telephone dialing system, from Raze Media and its Clients at the mobile number provided. Consent is not required to purchase goods or services. Users will receive up to 20 messages per month.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
To opt out of the Service, you can text STOP into 89686 from your mobile phone and we will unsubscribe you from the Service immediately.
To get help, you can text HELP into 89686 from your mobile phone and we will provide our contact information. For additional help, you can email us at help@raze.wpengine.com.
Participating carriers: Alltel, AT&T, Boost, Cellular One, Cellular South, Cincinnati Bell, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile, Bluegrass, Centennial Wireless, ECIT, EKN, Immix, Inland Cellular, Illinois Valley Cellular, Revol, West Central Wireless.
1. Description of Service
Raze Media is a single-source provider of in-store and out-of-home media solutions custom created to meet customer needs.
2. Third-Party Products and Services
Raze Media may offer, make available or provide access to products and/or services of independent third parties either directly or via links to websites operated by such third parties. If you are interested in purchasing any such products and/or services, such products and/or services shall be purchased and/or obtained by you directly from such third parties. You acknowledge and agree that RAZE MEDIA IS NOT AND SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS AND/OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS AND/OR SERVICES OF THIRD PARTIES. You have the right to opt-out of such third-party product and/or service announcements.
3. Indemnification
You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates, officers, directors, managers, partners, employees, (sub)contractors, agents and representatives from any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Service and the breach by you of any of the Terms and Conditions.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
A. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA. THE SERVICE AND THIS SITE ARE PROVIDED BY RAZE MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAZE MEDIA MAKES NO REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE OR THIS SITE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RAZE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAZE MEDIA DOES NOT WARRANT THAT THE SERVICE, THIS SITE, ITS SERVERS, OR EMAIL SENT FROM RAZE MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAZE MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
B. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMBUSTION MEDIA’S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOU OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND/OR FOR ANY BREACH OF THE TERMS AND CONDITIONS IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, RAZE MEDIA, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AND NATURE EVEN IF RAZE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
5. Intellectual Property Rights
Except as otherwise set forth in the Terms and Conditions, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, compromising, embodied in, or practiced in connection with the Service (collectively “Intellectual Property Rights”) are owned by Raze Media, its affiliates, and/or licensors. You agree to make no claim of ownership of or interest in any such Intellectual Property Rights and acknowledge and agree that no title to the Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
6. Miscellaneous Provisions
A. Raze Media shall serve notices to you related to the Terms and Conditions by (A) posting them on this website; (B) sending them to the postal address or email address that you provided to Raze Media at the time of your registration or, if a new address has been sent to Raze Media, then to such updated address; (C) text message to the mobile telephone number associated with your account.
B. Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices sent via nationally-recognized overnight carrier or posted on this website or sent by email or as a text message shall be deemed received on the business day following the day when they were posted or sent.
C. Severability. You agree that the Terms and Conditions are severable. If any term or condition is declared invalid or unenforceable, in whole or in part, that term or provision shall not affect the remainder of the Terms and Conditions. The Terms and Conditions will be deemed amended to the extent necessary to make the Terms and Conditions enforceable, valid and, to the extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and conditions will remain in full force and effect.
D. Entire Agreement. You agree that the Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Terms and Conditions.
E. Assignment and Resale. Raze Media may assign its rights and delegate its duties under the Terms and Conditions without the consent and without notice to you. Except as otherwise set forth herein, your rights under the Terms and Conditions are not assignable or transferable. You agree not to resell the Service or any portion thereof.
F. Governing Law. The Terms and Conditions and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Texas, United States of America, excluding its conflict of laws rules. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
G. Waiver. No waiver or any provision of the Terms and Conditions shall be effective unless it is in writing and signed by an authorized representative of Raze Media. The remedies of Raze Media under the Terms and Conditions shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of the Terms and Conditions at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
H. Headings. The section headings appearing in the Terms and Conditions are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
I. Survival. In the event of the expiration, cancellation or termination of the the Terms and Conditions, Sections 3, 4, 5 and 6 of the Terms and Conditions shall survive such expiration, cancellation or termination.
