Terms of Use | Sunset Mall

Mobile Text Club

Welcome to the Sunset Mall recurring subscription text program (“Service”), owned and operated by Sunset Mall Incorporated (“Company”). This Terms of Service Agreement (“TOS” or “Agreement”) applies to a person that subscribes to and receives any part of the Service (“Recipient,” “you,” or “your”).

The Company reserves the right to change this Agreement without advance notice to you.

Eligibility and Limitations on Use
Recipients must be at least 18 years of age and must present verification of age upon request. As a Recipient, you also represent that you are the subscriber or authorized user of the mobile phone number that you provided to Company to subscribe to the Service, and that you are authorized to approve any related charges for messaging and data applied by your mobile carrier.

Program Description
The Service is a recurring subscription text message program that includes messages about deals, offers, giveaways, events and more sent via an automatic telephone dialing system, also called an automated dialer. By entering in and submitting your mobile number into a form hosted by the Company or texting the designated keyword or code to 325.766.5023 from your mobile device, you provide your express prior written consent to receive marketing and advertising text messages generated by an automated dialer from the Company to your mobile number. You also understand, acknowledge and agree that your consent to receive text messages is not required to make a purchase of any goods or services.

Message frequency varies. Message and data rates may apply. Company nor its vendors, service providers or licensors are liable for delayed or undelivered messages, or guarantee the timeless, accuracy, completeness, or receipt of text messages transmitted via the Service. Text messages are transmitted by telecommunications service providers over whom the Company and its vendors, service providers, and licensors have no control.

Support Issues, Canceling or Unsubscribing
Recipients further understand that you have a right to cancel your prescription to this Service – to “opt-out” – at any time To opt out, send a text message with the word “STOP”, “END”, “QUIT”, “CANCEL” or “UNSUBSCRIBE” to 325.766.5023 from your mobile phone and we will unsubscribe you from the Service. You may receive one text message confirming your request to opt-out. You will not receive any advertising or marketing text messages until you re-register via a website associated with the Company or via your mobile phone by texting in a designated keyword to 325.766.5023. Alternatively, you can send an email to https://www.sunsetmall.com/contact-us/ with your mobile phone number as the subject line.

For help or other support issues, you can also text “HELP” to 325.766.5023, send an email to https://www.sunsetmall.com/contact-us/.

Privacy
The Company is concerned about a Recipient’s right to privacy while using the Service. All Recipients of the Service are bound and governed by the Company’s privacy policy that can be reviewed at any time at https://www.sunsetmall.com/privacy/.

Termination or Suspension of Service

Company reserves the right, in its sole discretion, to suspend or terminate the Service or mobile texting at any time, in whole or part, for any reason, with or without notice to you.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER. COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORSSPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET RECIPIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ANY OF ITS AFFILIATES, OFFICERS, SHAREHOLDERS, AGENTS,REPRESENTATIVES, EMPLOYEES, CONTRACTORS, CONSULTANTS, VENDORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, AND THE SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “COMPANY- RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH COMPANY, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT WILL COMPANY-RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.

Jurisdiction and Venue

The Service and Company’s relationship with you are governed by the laws of the state of Texas, without regard to its conflicts of law principles and venue for any suit or dispute regarding the Service shall be brought in the State and Federal courts in the Northern District of Texas and Tom Green County.

Miscellaneous

You understand, acknowledge and agree that this Agreement, along with any Company policies that apply to the Service, including but not limited to Company’s Privacy Policy, constitute the entire agreement between you and Company regarding mobile texting and supersede any prior agreement, discussions, proposals or written statements.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

Website

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

Sunset Mall Incorporated (“Sunset Mall”) and its affiliates maintains this Website (the “Site”) for your personal use. Your access to and use of this Site is subject to the following Terms of Use. Sunset Mall reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

Accuracy and Completeness of Information
While Sunset Mall strives to ensure that the information contained in this Site is accurate and reliable, Sunset Mall makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Modification of Site
Sunset Mall will periodically revise the information, services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Your Use of the Site
You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of Sunset Mall.

No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Unsolicited Submissions
Sunset Mall does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you should not make any Submissions to Sunset Mall. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Sunset Mall. Sunset Mall shall exclusively now and hereinafter own all rights, title and interest therein. Sunset Mall will be free to use any Submissions for any purpose whatsoever.

Privacy Policy
Sunset Mall’s use of any personal data you submit to the Site is governed by the Site’s Privacy Statement. Please review our Privacy Statement to understand our practices.

Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. Sunset Mall EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Sunset Mall DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.

Limitation of Liability
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Sunset Mall be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

Indemnification
You agree to defend, indemnify and hold Sunset Mall harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.

Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Sunset Mall, its vendors or its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Sunset Mall.

Trademarks
This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Sunset Mall and its subsidiaries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Sunset Mall or any such third party that may own a Mark displayed on the Site.

Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Sunset Mall. However, even if such third parties are affiliated with Sunset Mall, Sunset Mall has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Sunset Mall. Sunset Mall is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Sunset Mall ‘s historical experience and our present expectations or projections. Sunset Mall undertakes no obligation to publicly update or revise any forward-looking statements.

Jurisdiction
This Site is maintained and operated by Imaginuity Interactive, Inc. (“Imaginuity” or “We”), whose offices are in Dallas, Texas, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against Imaginuity shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Northern District of Texas and Dallas County.

Indemnification
You agree to defend, indemnify, and hold harmless Imaginuity, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.

Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Imaginuity of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Imaginuity shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.