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Terms & Conditions

eNowIt Terms of Service
LAST REVISED ON: February 4, 2010

    This Text Message Campaign Agreement (this “Agreement”) is made between ENOWIT, a California corporation (“ENOWIT”), and you (“Client”).  ENOWIT and Client are sometimes referred to herein as a “Party” or jointly as the “Parties.”

    WHEREAS, ENOWIT is a provider of mobile text messaging services; and

    WHEREAS, Client desires to obtain mobile text messaging services from ENOWIT.

    NOW THEREFORE, for good and adequate consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows:

1.    Monthly Text Messaging Plan.

    A.  Monthly Plan.  Pursuant to the plan chosen by Client, Client shall have the right to send up to the plans allocated text messages (“Text Messages”) per month at a cost of the plans monthly rate (the “Basic Rate”); provided, that, Text Messages not used by Client during any month during the Term (as defined below) may not be rolled over and used in any subsequent month.  Client may upgrade or downgrade its plan at any time, such changes are charged to the clients credit card on file and any messages from the previous plan stay in account until that plans 30 day billing cycle ends.

    B.  Option to Purchase Additional Text Messages.  In the event Client determines that it’s mobile text message requirements are greater than the amount provided for in Section 1.A., Client may, at its option, (i) purchase additional mobile text messages for such month at a price equal the chosen plans auto purchase rate (ii) upgrade its plan, provided that, in such event, Client shall pay the rate of the upgraded plan and the messages from the previous plan will stay active for 30 days from when they were billed and Client shall be deemed to have chosen such upgraded plan as its default plan for the remainder of the Term, or (iii) use some or all of any annual block of mobile text messages purchased by Client under and pursuant to the provisions of Section 1.C.

    C.  Yearly Block of Text Messages.  Client shall have the right to purchase, in addition to its monthly plan, for use at any time and from time to time during the twelve month period beginning on the date of purchase a block of mobile text messages at a price equal to (the “Yearly Block Charge”).  Client’s purchase of such block shall be evidence by an addendum attached to this Agreement.

    D.  Standard Text Message Rates to Apply.  In addition to the rates set forth above, standard text message rates, if any, will continue to apply to Client’s use of Text Messages pursuant to the terms of Client’s plan with its cellular provider.
  
    E.  Rate Changes.  ENOWIT shall have the right at any time, and from time to time, to change the rate it charges

2.    Payment.

    A.    Creation of Authorized Account.  Client shall provide ENOWIT with an authorized credit card account number and authorization to charge such account, on a monthly basis, for amounts incurred by Client in respect of the Base Rate, Standard Text Message Rate, any Additional Message Charge and any Yearly Block Charge.  ENOWIT shall process payment of the foregoing amounts through the service it chooses, including, without limitation, authorize.net.

    B.    Invoicing.  ENOWIT shall issue an invoice to Client on a monthly basis.  Such information shall contain the amount of any Base Rate, Standard Text Message Rate, Additional Message Charges and Yearly Block Charges incurred by client during such month, as well as a statement of the amount charged by ENOWIT to the credit card account described in Section 2.A.  In addition to the amounts set forth in the immediately preceding sentence, the invoice shall set forth, and the client shall pay any taxes applicable to such amounts.  In the event that ENOWIT is unable to charge the credit card account provided by client for the amounts set forth in this Section 2.B., ENOWIT shall be entitled to charge interest on the amount owed at a rate equal to the lesser of (i) three percent per annum over the then current base rate of interest charged by the Chase Manhattan Bank from time to time from the date payment becomes due until the date that payment is received in full or (ii) the maximum rate of interest allowed by law.   

3.    ENOWIT Responsibilities.

    A.    ENOWIT shall use its best efforts to provide a mobile text messaging network through which Client may conduct its text messaging campaign.

    B.    ENOWIT shall use reasonable efforts to notify Client, as soon as reasonably practicable of any scheduled maintenance, or of any other event, that may limit Client’s ability to use Text Messages.

    C.    ENOWIT shall provide Client with an applicable keyword and password in order to enable Client to use Text Messages.

    D.    ENOWIT shall provide one or more Web Sites (the “ENOWIT Web Site”) where interested users may “opt-in” for text messages about specific information from various persons, including Client.  ENOWIT shall use its best efforts to encourage persons to opt-in (“Opt-In Users”) to the receipt of Client’s Text Messages, provided, that, the failure of ENOWIT to attract and retain Opt-In Users shall not constitute a breach of this Agreement.

4.    Client Responsibilities.

    A.    Client will ensure that any Text Messages and any advertising campaign initiated by it using Text Messages shall comply with all applicable foreign, federal, state and local laws, rules and regulations as each may be amended from time to time, including, without limitation, those that apply to advertising or marketing practices.  For purposes of this Section 4.A., the acts or omissions of Client’s employees, agents, subcontractors or affiliates (and such affiliates employees, agents or representatives) shall also be deemed acts or omissions of Client.

    B.    Client will provide all reasonable assistance to ENOWIT, including providing copies of relevant documentation, books and records in connection with ENOWIT’s compliance with any requirements or conditions which are at any time imposed by any governmental body and which are applicable to or affect Text Messages.

    C.    Client will provide any governmental body and/or ENOWIT with such information or material relating to Text Messages and any advertising campaign using Text Messages as any governmental body shall reasonably request in order to carry out any investigation in connection with (i) such Text Messages or advertising campaign or (ii) Client’s relationship with ENOWIT.

    D.    Client will be solely responsible for any legal liability arising out of or relating to Text Messages and/or any advertising campaign using Text Messages.  If ENOWIT is notified or otherwise becomes aware of any use by Client of Text Messages that vilates the terms of this Agreement, ENOWIT may (but shall not be required to) investiage the allegation and determine, in its sole discretion, whether to terminate Client’s use of Text Messages and terminate this Agreement.

    E.    Each of Client and ENOWIT will ensure, on its own behalf, that its collection, access, use and disclosure of any information from any person that opts-in to a ENOWIT’s services, to Client’s advertising campaign using Text Messages or is otherwise the target of Client Text Messages shall comply with all applicable foreign, federal, state and local laws, rules and regulations as they may be amended from time to time, including without limitation, (i) the Federal Communications Commission’s Customer Proprietary Network Information Rules and regulations implementing 47 USC 222 (the “CPNI Rules”), (ii) the California Online Privacy and Disclosure Acto fo 2003, and (iii) laws governing the marketing by telephone, direct mail, e-mail, wireless text messaging, fax  and any other mode of communication (collectively, “Privacy Laws”).  Client and ENOWIT shall each at all times perform its obligations hereunder in such a manner so as not to cause the other to be in material violation of any applicable laws or regulations, including any Privacy Laws.  For purposes of the obligations set forth under this Section 4.E., the acts or omissions of Client’s employees, agents, representatives, contractors, subcontractors, or affiliates (and such affiliates employees, agents, representatives, contractors or subcontractors) shall also be deemed acts or omissions of Client.

    F.    Without limitation to the foregoing provisions, Client agrees that it will not engage any Text Messaging or any advertising campaign using Text Messages that or otherwise participate in any activity that:

        I.    Is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;

        II.    Harms minors in any way;

        III.    That contains information or content that Client does not have a right to make available under any law or under any contractual or fiduciary relationship;

        IV.    That infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any person;

        V.    That is unsolicited or unauthorized or that constitutes “junk mail”, “spam”, or any other form of unauthorized solicitation;

        VI.    Interferes with or disrupts any network or servers through which Text Messaging is conducted, or that is in conflict with any requirements, procedures, policies, or regulations of any network through which Text Messaging is conducted. 

        VII.    Transmits or utilizes any (a) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (b) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (c) code that would permit any third party to interfere with or surreptitiously access any information of any person, or (d) content that causes disablement or impairment of any services, network or equipment of any person;

        VIII.    Intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations, edict or decree having the force of law;

        IX.    Provides any material support or resources (or conceals or disguise the nature, location, source or ownership of material support resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or

        X.    Collect or store personal data about any person in connection with prohibited conduct and activities set forth in this Section 4.F.

    G.    Upon written request from ENOWIT, Client shall as soon as practicable, with reasonable detail provide evidence of Client’s compliance with Section 4.D. and 4.E.

5.    Ownership and Retention of Information.

     A.    ENOWIT shall own all information provided to it by Opt-In Users or otherwise collected by ENOWIT in the performance of its obligations under this Agreement or otherwise.

    B.    Client may collect and upload onto ENOWIT’s servers legally obtained information (“Client Owned Information”) from persons interested in receiving Text Messages from Client.  Client shall maintain ownership of such information; provided, however, that ENOWIT shall be entitled to send, in connection with Client’s first Text Message to any person whose information is Client Owned Information, a text message informing such person that the message it has received was delivered to it through the ENOWIT network, directing such person to the ENOWIT web site and inviting such person to create a personal user profile, and informing such person about the manner in which they may opt-out from receiving Text Messages.  In the event, any such person creates such a user profile, any information provided to ENOWIT by such person shall be owned by ENOWIT.  From time to time, ENOWIT shall be entitled to send notices to persons whose information is Client Owned Information informing such persons about the manner in which they may opt-out from receiving additional Text Messages.

    C.    Upon the termination of this Agreement for any reason, Client shall have no access to any information owned by ENOWIT.

    D.    ENOWIT shall retain information collected by it and related to Client’s Text Messages or any advertising campaign using Text Messages for a period of one (1) year from the date of termination of this Agreement.  If, during such period, ENOWIT and Client enter into another agreement, Client shall be entitled to use the retained information.

6.    Assignment.

    A.    This Agreement may not be assigned by Client without the written consent of ENOWIT.

    B.    Any attempted assignment, delegation or transfer of this Agreement in contravention of the terms of this Section 6 shall be null and void.

7.    Suspension of Service.

    A.    ENOWIT may, in its sole and absolute discretion, suspend the provisoin of any or all Text Message services at any time in the event that:

        I.    ENOWIT is entitled to terminate this Agreement;

        II.    ENOWIT has reason to believe that the Client is in breach of any of its obligations under this Agreement;

        III.    Any payment due ENOWIT under the terms of this Agreement is outstanding for a period of 20 days following the due date thereof;

        IV.    ENOWIT, despite its best efforts to the contrary, is unable to provide, on commercially reasonable terms, a medium for distributing Text Messages.

    B.    ENOWIT shall have the right (but not the obligation) to access and review Text Messages, provided that the Parties acknowledge and agree that ENOWIT has no obligation to review or filter such content, solely as necessary to identify a potential breach of the terms of this Agreement.  In the event ENOWIT discovers an actual or potential breach, ENOWIT may suspend the provision of Text Messaging Services for as long as it deems necessary, in its sole and absolute discretion, to ensure compliance by Client.

8.    Term.

    A.    ENOWIT shall have the right to terminate this Agreement immediately in the event that:

        I.    ENOWIT is unable to provide Text Messaging Services on commercially reasonable terms as the result of the termination of any agreement between ENOWIT and its network providers; or

        II.    The provision of Text Messages under this Agreement becomes illegal or contrary to any law or regulation or is in contravention of the Mobile Marketing Association Code of Conduct.

    B.    Either party may terminate this Agreement immediately in the event the other party (i) becomes insolvent, files a petition in bankruptcy or makes an assignment for the benefit of creditors; or (ii) materially breaches its obligations under this Agreement and fails to cure such breach within three days after receiving written notice thereof from the other.

9.    Warranties; Disclaimers.

    A.      Each Party represents and warrants to the other that:

        I.    To the extent it is an entity, it has the full corporate or other right, power and authority to enter into this Agreement and to perform its obligations hereunder;

        II.    Its execution of this Agreement and performance hereunder do not and will not violate any agreement to which it is a party or by which it is bound; and

        III.    When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against it in accordance with its terms.

    B.    Notwithstanding anything to the contrary contained in this Agreement, ENOWIT expressly disclaims, and shall have no responsibility or any liability of any kind for transmission errors in, corruption of, or the security of Client’s date or content carried over wireline or wireless telecommunication providers’ facilities and networks.

    C.    Notwithstanding anything to the contrary contained in this Agreement, ENOWIT’s entire liability and Client’s sole and exclusive remedy for the nonperformance by ENOWIT of its obligations under this Agreement  shall be a refund or credit of any monthly Basic Rate for the period affected by non-performance, a pro rata portion of any remaining Yearly Block Charge if Client terminates this Agreement, and the termination of this Agreement as set forth in Section 8.

    D.    EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN THIS SECTION 9, ENOWIT DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SERVICES PROVIDED BY IT UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY OR ACCURACY.  WITHOUT LIMITING THE FOREGOING, ENOWIT DOES NOT WARRANT THAT ANY SERVICES PROVIDED BY IT WILL BE UNINTERRUPTED OR ERROR-FREE.

10    Limitation of Liability.

    A.    EXCEPT FOR LIABILITIES SUBJECT TO THE INDEMNITY PROVISIONS OF THIS AGREEMENT OR BREACH, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY LOSS OF PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT.  THIS LIABILITY LIMITATION APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS OR LOST BUSINESS, AND EVEN IF THE DAMAGES WERE NOT REASONABLY FORESEEABLE, PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT BE INTERPRETED TO LIMIT INDEMNIFICATION FOR ANY DAMAGES ASSESSED IN FAVOR OF A THIRD PARTY IN CONNECTION WITH A THIRD PARTY CLAIM AGAINST AN INDEMNIFIED PARTY TO THE EXTENT THE INDEMNIFIED PARTY IS OTHERWISE ENTITLED TO INDEMNIFICATION HEREUNDER.

    B.    EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY HEREUNDER SHALL BE LIMITED TO THE LESSER OF (i) $100,000 OR (ii) THE AGGREGATE AMOUNT OF PAYMENTS MADE BY CLIENT TO ENOWIT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE APPLICABLE CLAIM ARISES.  MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.  THE FOREGOING LIMITATION ON LIABILITY WILL NOT APPLY WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT OR THE AMOUNT OF ANY FINES, RETENTIONS OR PENALTIES ASSESSED AGAINST ONE PARTY AS A RESULT OF THE ACTIONS OF THE OTHER.

11.    Indemnity.

    A.    Client, at its sole cost and expense, will indemnify, defend, and hold harmless ENOWIT, its affiliates, and each of their respective employees, officers, directors, representatives and agents from and against any and all losses, damages, liabilities, settlements, costs and expenses (including attorney’s and other professionals’ fees and other legal expenses) arising out of or related to any claim, demand, suit, action, or proceeding initiated by a third party (each, a “Claim”) arising out of or relating to: (i) any breach by Client of this Agreement or (ii) any allegation that any Text Message or other communication by Client with third persons violates any local, state, federal or foreign law, rule or regulation.  ENOWIT will provide Client with written notice of any Claim and shall permit Client, at its sole cost and expense, to control the defense, settlement, adjustment or compromise of such Claim.  Notwithstanding anything to the contrary contained in the previous sentence, ENOWIT shall have the right to employ, at its sole cost and expense, separate counsel and participate in the defense of any Claim, provided, however, that if such counsel is necessary because of a conflict of interest or because Client does not assume control of the defense of such Claim, Client shall be solely responsible for the cost and expense of such counsel.

    B.    ENOWIT, at its sole cost and expense, will indemnify, defend, and hold harmless Client, its affiliates, and each of their respective employees, officers, directors, representatives and agents from and against any and all losses, damages, liabilities, settlements, costs and expenses (including attorney’s and other professionals’ fees and other legal expenses) arising out of or related to any Claim arising out of or relating to any claim by a third party that the services provided by ENOWIT under this Agreement infringes or misappropriates any U.S. patent, U.S. copyright, or any trade secret recognized as such under the United States Uniform Trade Secrets Act.  Client will provide ENOWIT with written notice of any Claim, shall permit ENOWIT, at its sole cost and expense, to control the defense, settlement, adjustment or compromise of such Claim, and, at ENOWIT’s reasonable request and expense, assist in the defense of any such Claim.  If the services provided under this Agreement become, or in ENOWIT’s opinion are likely to become, the subject of a Claim, ENOWIT may, at its option and expense, either (i) procure for Client the right to use any remaining Text Messages previously paid for by Client, (ii) replace or modify the services provided under this Agreement so that they become non-infringing, or if neither of the foregoing options is possible after exercising commercially reasonable efforts, (iii) terminate this Agreement.  THIS SECTION STATES ENOWIT’S ENTIRE LIABILITY AND CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT CLAIMS AND ACTIONS.

12.    Survival.

        Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section and Sections 9, 10, 11, 12, 14, 15, 16 and 18 shall survive the termination of this Agreement.  Further, all payment obligations, and any other provisions that by their nature are intended to survive, also will survive the termination of this Agreement.

13.    Force Majeure.

        Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account strikes, shortages, riots, insurrection, fires, flood, storm, explosion, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of such party, including, without limitation, diminishment of power or of telecommunications or data networks or services not under the control of a Party.

14.    Arbitration.

        The parties irrevocably agree that any controversy or claim arising out of, in connection with or relating to this Agreement, or the interpretation, performance or breach thereof shall be resolved by confidential and binding arbitration administered by the American Arbitration Association (“AAA”) under the United States Arbitration Act and its Commercial Arbitration Rules (“AAA Rules”), subject to the following terms: (i) Such arbitration shall be conducted in Santa Luis Obispo County, California by three neutral arbitrators chosen in accordance with the AAA Rules, at least one of whom shall be a lawyer; (ii) Either Party may apply to a court of competent jurisdiction for relief in the form of a temporary restraining order or preliminary injunction, or other provisional remedy pending final determination of a claim through arbitration; (iii) If proper notice of any hearing has been given, the arbitrators will have full power to proceed to arbitrate the matter in the absence of any party who fails to appear; (iv) The arbitrators shall protect the attorney-client privilege and work product immunity in all proceedings under this agreement; (v) The arbitrators may award arbitration costs, damages, and/or injunctive relief, but in no event shall the arbitrators have the authority to award punitive damages, exemplary damages, or either Party's legal expenses for the arbitration, except as may specifically be required by statute or permitted pursuant to the terms of this Agreement; (vi) The arbitrators shall provide a reasoned opinion in accordance with applicable law supporting their award, including detailed findings of fact and conclusions of law, which shall be final and binding on the Parties; and (vii) Judgment on the award of the arbitrators may be entered in any court of competent jurisdiction.  

15.    Entire Agreement.

        This Agreement and the attachments hereto constitute the entire agreement between the Parties regarding its subject matter.  It supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter.  This Agreement shall not be modified unless done so in a writing signed by an authorized representative of each Party.

16.    Notices.

        Any notice or other communication required or permitted to be given under this Agreement shall be given in writing and delivered in person, sent via registered mail, return receipt requested, sent via facsimile or electronic mail with machine generated confirmation of transmission or delivered by recognized courier service, without charge to the receiving Party at its address specified below, and shall be deemed effective upon receipt.  Either Party may from time to time change the individual to receive notices or its address by giving the other Party notice of the change in accordance with this Section:

    To ENOWIT:

    ENOWIT, Inc.
    Attention, President
    777 First St. PMB #170
    Gilroy, CA 95020

   

17.    Severability.

    In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.


18.    Relationship of the Parties.

        The relationship of the Parties established by this Agreement is that of independent contractors, and this Agreement does not create an agency, employment, partnership or joint venture relationship between the Parties.  Each Party acknowledges and agrees that the business relationship and activities contemplated by this Agreement are non-exclusive and that nothing in this Agreement prohibits either Party from participating with any third party in business relationships similar to those described herein.

19.    Governing Law.

        This Agreement shall be governed in all respects by the laws of the State of California, exclusive of conflicts of law principles.  To the extent either Party initiates any action or suit under this Agreement, jurisdiction and venue will be in the state and federal courts located in San Luis Obispo County, State of California.

20.    Attorney’s Fees.

        If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which the prevailing Party is otherwise entitled.

21.    Waiver.

        The failure of either Party to require performance by the other Party of any provision hereof shall not affect such Party’s full right to require such performance at any time thereafter, nor shall the waiver by either Party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

22.    Non-interference with Business.

        During this Agreement, and for a period of two years immediately following its termination, each Party agrees not to interfere with the business of the other in any manner. By way of example and not of limitation, Each Party agrees not to solicit or induce any employee, independent contractor or other person to terminate or breach an employment, contractual or other relationship with the other Party.

23.     Privacy Policy
            It is the policy of eNowIt, Inc. to respect the privacy of end users of the Service as described in the eNowIt Terms and Conditions located at www.enowit.com/TC. You agree that eNowIt, Inc. may access and disclose any information, including user names and other information, if they believe in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate their systems properly, or to protect themselves, their customers, or other third-Conditions parties.  Enowit, Inc. will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your permission. By requesting information from EnowIt, Inc., you are agreeing (opting in) to receive SMS messages, specific to the SMS service, from EnowIt, Inc. in the future unless you opt-out. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.

24. Description of sweepstakes:
If you successfully win one our client’s sweepstakes, they may gather additional information to confirm your winning of the prize and to enable its subsequent shipping. The information we gather, regardless of the channel through which it is gathered, may include your name, address, email, phone, demographic data, eNowIt usage data, connection data associated with your mobile device or computer, and/or service provider data. We may gather additional personal or nonpersonal information in the future. And we may also combine nonpersonal data (such as eNowIt website usage) with personal information.   Each winner and loser will be notified via a text message for any sweepstakes they enter.  To stop or opt out of future sweepstakes or alerts, reply STOP or STOP ALL.  All sweepstakes contests are at standard rate - meaning eNowIt or it's clients do not charge a peremium for entering any sweepstakes contests.

   * eNowIt is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the eNowIt platform.

25. Mobile User - All eNowIt's campaigns are at (Standard Rate - Message and Data Rates May Apply).  To unsubscribe or opt-out of the last campaign you received, simply reply with the word STOP to 366948(eNowIt).  To unsubscribe or opt-out of ALL your campaigns simply text the words STOP ALL to the number 366948(eNowIt).  The message frequency for each campaign will be displayed in the opt-in message so you know at what level of messages you may receive up to 30 messages per month. 

For HELP text the word HELP to 366948(eNowIt).

 

26. eNowIt supports all major U.S. carriers.  The following is a list of carriers eNowIt currently supports.

  • Alltel
  • Appalachian Wireless
  • AT&T
  • Bluegrass Cellular
  • Boost
  • Cellcom
  • Cellular One
  • Cellular One of East Central Illinois
  • Cellular South
  • Centennial Wireless
  • Cincinnati Bell
  • Cox Wireless
  • Immix Wireless
  • Nextel Communications
  • Revol Wireless
  • Sprint PCS Wireless
  • T-Mobile®
  • Unicel
  • US Cellular
  • Verizon Wireless
  • Virgin Mobile USA
  • West Central Wireless

 

27. Frequency of Service:
The Mobile User will receive up to 30 messages per month and "Message and Data Rates May Apply".  For more question please contact us at 877-262-8398 or email support@enowit.com.

 
28. Modifications to These Terms of Service
eNowIt reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.