O'Malley's Pub Auburn Hills, is a business associated with a mobile service provider, Movitas LLC, which provides
O'Malley's Pub Auburn Hills access to certain communications platforms, including, systems, marketing tools and customer management tools. O'Malley's Pub Auburn Hills and
Movitas may be hereinafter referred to as "we", "us" or "our" and you may be hereinafter referred to as "you", "your" or the "User"..
2. Service Description
By accepting these terms and conditions ("Terms"), you acknowledge that we may send you text messaging, email or other content as a one-off message, or as a subscription service, or potentially as a voting/polls service, or as other communication services (collectively, the "Services").
3. Pricing; Standard/Other Messsage & Data Charges May Apply
There is no premium charge for this service but standard text messaging rates and data fees may be applied by your cell phone carrier or internet service provider. Please check your individual plans for more details.
Coupons generated by the system are valid only for the business associated with the coupon and subject to the terms stated in the coupon. There is no cash value for the coupons. Coupons Reproduction, sale or trade is prohibited unless done so in compliance with the law. We are not responsible for lost or stolen Coupons. Any attempted redemption not consistent with these terms & conditions will render the Coupon void. Void where prohibited, taxed or restricted by law.
5. Account registration and verification is required in order to use the Services
During registration, you are required to provide accurate, complete and current information about yourself in all required fields. If you are under 13 years of age, you may not use the Services. Should any of your own information change after submitting it to Movitas, you are required to update that information as soon as possible. Should Movitas suspect that your personal information is not complete, current or accurate, your account may be subject to suspension or termination at Movitas's sole discretion.
You are responsible for maintaining the confidentiality of your password and your other confidential information. You agree: (a) not to provide your password to any third party; (b) not to allow any third party to access your account, other than as provided for herein; (c) to immediately notify us of any unauthorized use of your account or any other breach of security; and (d) that you will establish and maintain only one registration at a time.
The Service is owned and operated by Movitas. Movitas holds and retains all right, title and interest in and to the Service, the related source code, any and all modifications to or derivative works of the Service, and any and all associated patents, copyrights, and other intellectual property rights therein.
Subject to these Terms, if you subscribe to the Services, Movitas hereby grants you a limited non-exclusive, non-transferable license (without the right to sublicense or redistribute) to use the Services, solely for your personal purposes and solely for the purpose of accessing and using the Services in accordance with these Terms. Use of the Program is governed by the Terms current at the time of your use, and which may be revised from time to time.
You shall be held responsible for any breaches of security that you permit or cause. You shall assist Movitas to enjoin any conduct in violation of these Terms by any one, including any of your agents or assigns.
10. Authorized Users
You may access and/or use the Service only if you have agreed to these Terms and have been registered and authorized by Movitas to use the Service. You represent that you have the authority to enter into this Agreement, and use and license the Service, and that you are using your account, and the unique password assigned to you. As noted above, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You are responsible for all activities that occur under your account or password. In addition, you agree that in using the Service you shall not violate any law, regulation or governmental order. You acknowledge that Movitas has the right, but not the obligation, to periodically audit your use of the Service to ensure your compliance with these Terms and applicable laws. You agree to immediately notify Movitas of any unauthorized use of your account or any other breach of security of which you become aware.
B. User Representations and Warranties
- You agree not to use the Services for any purpose other than that set forth herein or on the site, and further agree to comply with all applicable laws regarding online conduct, acceptable content, and copyright. Any violations should be reported to us, using our support email address noted below. While we will make every effort to respond appropriately to all reports, we do not guarantee that we will be able to do so.
- You will not impersonate any other user of the Services, or try to gain access to data held under any account other that your own.
- You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You acknowledge that violation of any of these Terms will result in the termination of your account.
- You will not knowingly interfere with or attempt to interfere with the proper working of the Site.
- You acknowledge that some elements of the Service may be in a development phase and that your use of the Services is at your own risk.
- You will not intentionally or unintentionally violate any applicable local, state, national or international law, regulation or order.
C. Mobile Terms and Conditions
If you use the mobile device portion of the Service, you must use a mobile device that is compatible with the Service. We do not warrant that the Service will be compatible with your mobile device. You are responsible for ensuring compliance with your wireless provider's terms and conditions, and you shall indemnify us and hold us harmless for any loss or damage that we may suffer as a result of any breach of this provision.
2. Service/Help info
For help or service information you can contact us at email@example.com or at any time, from your mobile phone, send a text message with the words "omah HELP" to this number: 77950. We can answer any questions you may have about the Services.
3. Opt In/Opt-Out Info
A consumer may opt-in to receive text messaging and promotions from O'Malley's Pub Auburn Hills
by registering online at http://omah.movitas.com
, by texting "OMAH
JOIN" to 77950 or by replying "JOIN" to a message from O'Malley's Pub Auburn Hills
. Additionally, consumers can opt-in by signing this form (the "Opt-in Form") and providing it to
O'Malley's Pub Auburn Hills. O'Malley's Pub Auburn Hills shall be responsible for providing this back to Movitas to manage opt-in permissions. All signed terms and conditions should be faxed to (610) 717-5204.
At any time you can opt-in or out of receiving text messaging by logging into http://omah.movitas.com
, and updating your preferences. Quiet times may be set in your online preferences as well.
You can Opt-out by replying "STOP", "CANCEL", "UNSUBSCRIBE" or "QUIT" to any message sent by us.
All messaging from our mobile service can be stopped by texting STOP ALL to 77950.
4. Carriers supported on the program
The following carriers are currently supported through this service: Alltel, AT&T Mobility, Boost Mobile, Cellular One, Cellular South*, Cincinnati Bell*, Nextel, Sprint, T-Mobile, US Cellular**, Verizon Wireless, Virgin Mobile. We reserve the right to change carriers during the term of this Agreement.
D. Additional Terms
1. Web Site Links and Third Party Sites
Our Service may contain links to other PC and mobile web sites which are independent of the Service. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described therein. Furthermore, these links may lead to web sites or links that contain offensive or objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these web sites or for any damage sustained by users of these web sites.
2. Representations and Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPECIFICALLY, WE DO NOT WARRANT THAT YOU WILL HAVE ACCESS AT ALL TIMES TO THE SERVICE AND WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Your use of the Service cannot be guaranteed by either O'Malley's Pub Auburn Hills or Movitas. For example, we shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Service.
We reserve the right to refuse service to anyone for any reason at any time.
3. International Use
We do not represent that all content, materials and services on our Service are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing our Service from certain locations may be illegal and prohibited. Those who do access content, materials and services using our Service from such locations act on their own volition and we are not responsible for their compliance with local laws or other applicable laws. You agree that you will not access our Service where prohibited by applicable law.
4. Term and Termination
These Terms shall become effective on the date of your first use of the Service and shall remain in full force and effect until terminated under this Section 4. At our sole discretion, we may terminate your license to the Services (including your access) at any time without notice and for any reason. You may terminate these Terms by providing written notice to us at any time. Upon termination for any reason, you agree that you shall immediately cease use of the Service. All other provisions of these Terms shall survive any such termination.
5. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO FULFILL ITS ESSENTIAL PURPOSE, IN NO EVENT WILL O'MALLEY'S PUB AUBURN HILLS, MOVITAS, OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "AS IS" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA.
You shall defend, indemnify and hold harmless O'Malley's Pub Auburn Hills and Movitas from all losses, claims, suits and expenses of any kind and description, including, without limitation, losses, claims, suits and expenses arising out of or in connection with property damage, or bodily injuries or death sustained by any person or persons whatsoever, which may result from or arise in connection with your use of the Services.
7. Choice of Law and Forum
These Terms shall be governed for all purposes by the laws of the Commonwealth of Pennsylvania, excluding choice of law provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms may be brought against you or Movitas in the federal or Commonwealth courts in and for the Eastern District of Pennsylvania. You and Movitas each consent to the exclusive jurisdiction and exclusive venue of such courts in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party to these Terms anywhere in the world.
We may amend these Terms at any time by posting the amended terms on http://omah.movitas.com or by providing you with a copy of the amended terms by email or otherwise. All amended terms shall automatically be effective once they are posted on http://omah.movitas.com and shall apply to your activities regarding the Services beginning on the date of such posting. Failure to comply with the current version of the Terms may result in account suspension or revocation.
If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. Your rights and obligations under these Terms may not be assigned, in whole or in part, without prior written consent of Movitas and such other restrictions as set forth herein. No waiver by either party of any rights under these Terms will be effective unless such waiver is in a writing signed by the party against whom enforcement is sought. Any notices relating to these Terms should be sent via receipted delivery to Movitas, LLC, 855 Collegeville Rd, Collegeville, PA, 19426 USA.