Mobile Credit Card Terms of Use

Last Updated: December 17, 2010

Acceptance of Terms and Conditions

These Terms and Conditions (these "Terms and Conditions") apply exclusively to your access to, and use of, the mobile billing service (the "Service") provided by Lifestyle Wireless, Inc., a Washington corporation ("Lifestyle Wireless"). Please read these Terms and Conditions carefully. By accessing or using the Service, you enter into a binding legal agreement between you and Lifestyle Wireless, consisting of these Terms and Conditions and all terms, policies, and guidelines incorporated into these Terms and Conditions by reference. If you do not agree to any provision of these Terms and Conditions, you must not access or use the Service.

The Service

The Service allows you to, in accordance with these Terms and Conditions, purchase the right to use a single wireless mobile device ("Device") to access, view, or download photos, videos, games, and other digital content (collectively, "Content") provided by a third-party provider ("Provider"). Lifestyle Wireless acts a service provider to bill you for access to Content on behalf of Providers. Lifestyle Wireless is an independent contractor for all purposes, and does not have control of, or liability for, Content. Please be aware that your wireless carrier may restrict or prohibit your access to access, view, or download Content, and that the Service may not work with all wireless carriers or devices. Lifestyle Wireless does not endorse or adopt any Content and can make no guarantee as to its accuracy or completeness. Lifestyle Wireless does not represent or warrant the accuracy of any information made available to you by Providers or other third parties, and undertakes no responsibility to update or review any Content.

Eligibility

The Service may be used only by persons 18 years of age or older or by persons between 13 and 17 years of age (a "Minor") with the supervision of a parent or guardian 18 years of age or older (a "Guardian"). Lifestyle Wireless relies upon Guardians to determine whether any Content available through the Service is appropriate for the viewing, access , download, or purchase by persons under 18 years of age. If you are a Minor, you may not use the Service or purchase Content without the permission and supervision of a Guardian. The Service is not intended for the use of children under the age of 13. Use of the Service is void where prohibited. By purchasing access to Content or by otherwise using the Service, you represent and warrant that you meet the eligibility requirements in this paragraph and are fully able and competent to enter into, and abide by, these Terms and Conditions.

Other Terms Applicable to Your Use of the Service

If you use the Service to purchase access to Content, you must abide by the Provider's terms and conditions applicable to your access to, and use of, that Content. Providers' terms and conditions may contain restrictions, obligations, and limitations, including but not limited to terms and conditions applicable to refunds and cancellations of purchases, that are in addition to, and which may differ from, these Terms and Conditions. Additionally, your wireless carrier's terms and conditions also apply to your use of the Service and to your access to, and use of, Content.

Fees and Charges

The prices for access to Content, and the manner in which fees for Content are determined and assessed (e.g., subscription-based billing, or one-time access charges) are determined by Providers and may be modified from time to time. Lifestyle Wireless also reserves the right to charge a fee for your use of the Service, and to change the charges or billing methods applicable to your use of the Service, from time to time. ADDITIONALLY, YOUR USE OF THE SERVICE INVOLVES THE TRANSMISSION OF DATA TO AND FROM YOUR DEVICE, WHICH MAY RESULT IN CHARGES BY YOUR WIRELESS CARRIER. FOR THIS REASON, LIFESTYLE WIRELESS RECOMMENDS THAT YOU CHECK WITH YOUR CARRIER ABOUT DATA TRANSFER PRICING BEFORE USING THE SERVICE. LIFESTYLE WIRELESS WILL NOT BE RESPONSIBLE FOR ANY CHARGES OF CARRIERS, PROVIDERS, OR OTHER THIRD PARTIES INCURRED IN CONNECTION WITH THE SERVICE.

Copyright and Limited License

The Service and all Content and other materials made available by the Service, or contained on or within the Service, including, without limitation, the Lifestyle Wireless logo, and all Content, designs, text, graphics, information, data, software, sound files, other files, and the selection and arrangement thereof, are the proprietary property of Lifestyle Wireless or its Providers, suppliers, and licensors and are protected by U.S. and international copyright laws.

If you comply with all the provisions of these Terms and Conditions, Lifestyle Wireless grants you a revocable, non-transferable, and non-exclusive license to (a) use the Service to purchase access to Content, and (b) access, use, and download Content, using a single Device and solely for noncommercial, personal purposes, to which you have purchased access using the Service.

Except for those rights expressly granted in these Terms and Conditions, no other rights are granted, either express or implied, to you under these Terms and Conditions. Unless explicitly stated in these Terms and Conditions, nothing in these Terms and Conditions will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Trademarks

Text4Faith and Text s Day logos, and any other product or service name or slogan contained in the Service and in any Content are trademarks of Lifestyle Wireless and its suppliers, sponsors or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lifestyle Wireless or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service or in any Content are the property of their respective owners. Unless specifically stated otherwise, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lifestyle Wireless or its sponsors.

Modifications

Lifestyle Wireless reserves the right to modify, discontinue, restrict, or monitor, temporarily or permanently, all or part of the Service (including, without limitation, access to any Content) without notice. Neither Lifestyle Wireless nor its Providers, suppliers, sponsors, licensors, or your wireless carrier will be liable to you or to any third party for any modification, discontinuance, restriction, or monitoring of the Service.

Restrictions

You must comply with all applicable laws when using the Service and when accessing, viewing, or downloading any Content. You will not, and will not permit anyone else to, access or use the Service or any Content made available through the Service for commercial purposes or in any way we deem illegal or otherwise wrongful or inappropriate. You will not: (a) reverse engineer, decompile, or disassemble any software contained on or accessible through the Service; (b) modify translate, adapt, arrange, publicly perform, or create derivative works based on the Service or any Content; (c) remove or alter any identification, copyright, or other notices included in any Content or otherwise as part of the Service; (e) use the Service in a manner that threatens the integrity, performance, or availability of the Service, any Content, a Provider website, or your wireless carrier's network; in a manner other than for its intended purpose; or in a way that may subject Lifestyle Wireless, its licensors or suppliers, Providers, your wireless carrier, or any third party to harm or liability; (f) use the Service while driving a motor vehicle; (g) grant any access to, or distribute, rent, loan, lease, sell, resell, sublicense, copy or otherwise transfer, all or part of the Service or any Content or any of the rights granted to you under these Terms and Conditions; or (h) collect or use any listings, pictures, or descriptions of Content, products, or services contained on or through the Service.

Termination

Lifestyle Wireless may terminate your access to the Service, and your ability to access, view, or download Content, at any time, for any reason. If Lifestyle Wireless suspects that you have violated any provision of these Terms and Conditions, Lifestyle Wireless may also seek any other available legal remedy. Your rights under these Terms and Conditions will terminate automatically if you breach any part of these Terms and Conditions.

You remain solely liable for all obligations related to your use of the Service (including, but not limited to, payment for access to Content, and for obligations related to your access to, and use of, any Content), even after you have stopped using the Service. Neither Lifestyle Wireless, nor any Provider or your wireless carrier, are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service or any Content.

Privacy

Lifestyle Wireless may collect registration and other information about you through the Service. Please see the Lifestyle Wireless Privacy Policy, at www.billingrevolution.com/privacy.html, for information regarding Lifestyle Wireless's collection, use, and disclosure of this information. Please be aware that Providers and your wireless carrier may collect information about your use of the Service and your access to, and use of, Content. How a Provider, your wireless carrier, and any other third party collects, uses, and discloses your personal information is governed by that third party's privacy policies and practices.

Feedback

If you provide feedback to us regarding the Service ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

Disclaimer of Warranties

YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE, IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT ACCESSIBLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFESTYLE WIRELESS, ITS LICENSORS AND SUPPLIERS, PROVIDERS, AND YOUR WIRELESS CARRIER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIFESTYLE WIRELESS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT, OR THAT ANY TRANSACTION REQUEST YOU PLACE USING THE SERVICE WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICE AND THE CONTENT, INCLUDING LOSS OF ANY CONTENT AND ANY LOSS OR HARM TO YOUR DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFESTYLE WIRELESS, THROUGH OR FROM THE SERVICE, OR FROM ANY PROVIDER OR YOUR WIRELESS CARRIER, WILL CREATE ANY WARRANTY REGARDING THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER LIFESTYLE WIRELESS NOR ITS LICENSORS OR SUPPLIERS, PROVIDERS, OR YOUR WIRELESS CARRIER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LIFESTYLE WIRELESS, ANY LICENSOR, SUPPLIER, OR PROVIDER, OR YOUR WIRELESS CARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF LIFESTYLE WIRELESS, ITS LICENSORS AND SUPPLIERS, PROVIDERS, AND YOUR WIRELESS CARRIER TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO LIFESTYLE WIRELESS THROUGH THE SERVICE IN THE THREE MONTHS PRECEDING THE APPLICABLE CLAIM (EXCLUSIVE OF ANY PORTIONS OF SUCH AMOUNT PAID TO PROVIDERS), OR (B) $50. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT (A) ALL SPONSOR(S) OF THE SERVICE AND THEIR RESPECTIVE AFFILIATES, INCLUDING CITIBANK, N.A. AND ITS AFFILIATES, SHALL HAVE NO LIABILITY WHATSOEVER ARISING UNDER OR IN CONNECTION WITH YOUR USE OF THE SERVICE, AND (B) EACH SPONSOR OF THE SERVICE AND ITS AFFILIATES, INCLUDING CITIBANK, N.A. AND ITS AFFILIATES, IS AN INTENDED THIRD PARTY BENEFICIARY OF THE FOREGOING RELEASE OF LIABILITY.

Indemnity

You will defend, indemnify and hold harmless Lifestyle Wireless, its affiliates, directors, officers, agents, employees, licensors and suppliers, the Providers, Sponsors, and your wireless carrier from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Updates to these Terms and Conditions

Lifestyle Wireless may update these Terms and Conditions from time to time. When Lifestyle Wireless does, it will revise the "last updated" date on these Terms and Conditions. The current version of these Terms and Conditions will be available at http://www.text4faith.com/terms.html. It is your responsibility to review the most recent version of these Terms and Conditions frequently and to remain informed about any changes to it. By continuing to use the Service, you consent to any updates to these Terms and Conditions.

Copyright Infringement

Lifestyle Wireless respects the intellectual property rights of others, and asks you to do the same. Lifestyle Wireless will terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been transmitted by the Service in a way that constitutes copyright infringement, please contact Lifestyle Wireless at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was transmitted by the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Lifestyle Wireless's designated agent for notice of copyright infringement can be reached at:

Lifestyle Wireless, Inc.

Attention: Copyright Compliance Officer

7212 South 30th Street
Phoenix, AZ 85024

Email: care (at) textaday dot com

General Legal Notices

By using the Service, you consent to receiving electronic communications from Lifestyle Wireless. These communications will include notices about your account and information concerning or related to the Software or Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Lifestyle Wireless's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms and Conditions that is found to be invalid, unlawful, or unenforceable will be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions will continue to be in full force and effect. The section headings and titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Any provision in these Terms and Conditions that by its nature should survive termination (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after termination.

These Terms and Conditions are governed by the laws of the State of Washington, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Service or these Terms and Conditions must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

These Terms and Conditions, including all policies and guidelines incorporated into these Terms and Conditions by reference, constitute the entire agreement between you and Lifestyle Wireless concerning the Service. These Terms and Conditions supersede all prior agreements or communications between you and Lifestyle Wireless regarding the subject matter of these Terms and Conditions.

Contacting Lifestyle Wireless

If you have any questions or concerns about these Terms and Conditions or the Service, please send us a thorough description by email to care (at) textaday dot com.