Terms & Conditions of Use


How to Opt-in

Users may 'Opt-in' (sign up for service or to receive information) to a service by texting the SWEEPKEY to the SHORT CODE. Or, you may be directed to a website to 'Opt-in'. If you 'Opt-in' online, you will be required to confirm your intent by replying "YES" or “Y” to the opt-in confirmation message that you receive on your handset or mobile phone device.

By opting into the SWEEPKEY on the Short Code, you agree to receive text messages, at the stated frequency, from the content provider for that SWEEPKEY only. For example you can send MOMARES to 65047 and we’ll guide you through the process from your mobile phone. 2 msgs/day max. Text HELP for help. Reply STOP to end.

How to Opt-out

To Opt-Out (discontinue service), text "STOP" to 65047 from your mobile device. You will not receive any additional messages. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive. For example, to opt-out from our SMS service, you can text STOP to 65047 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register.

How to get help or support

To get help, email us at support@sweeppea.com or from your mobile phone, you may request our contact information at any time by texting HELP to 65047. The Momares and sweeppea.com websites encompasses both the website located at www.momares.com, www.mmrs.com, www.sweeppea.com and any page, element or part thereof, as owned and operated by Momares. User refers to any person or entity who enters or uses the Momares.com or sweeppea.com website. Hyperlinks herein should be deemed to be part of these terms and conditions.

Recipients Fees & Pricing

Message & Data Rates May Apply.

List of supported carriers:

• Alltel (includes Midwest)
• Cincinnati Bell
• T-Mobile USA (includes Suncom)
• AT&T
• Dobson
• U.S. Cellular
• Bluegrass
• East Kentucky Network
• Verizon Wireless
• Boost
• Immix Wireless
• Virgin Mobile USA
• Cellcom
• nTelos
• WCC or WCW (West Central Wireless)
• Cellular One of East Central Illinois
• MetroPCS
• Sprint
• Cellular South
• Revol
• Centennial
• Rural Cellular Corporation

Terms

The following are the terms of use for Momares, LLC, and use of momares.com and sweeppea.com by any user.

By clicking on the "CONTINUE" or “CREATE ACCOUNT” button or accessing and/or using the Momares.com or sweeppea.com web site, you agree that you have read, understand, and accept all of the terms and conditions below for any and all use of the Momares.com and sweeppea.com products and services.

These terms of use are a binding service agreement against all persons that access any part of the Momares.com and sweeppea.com website, and/or place any Momares, LLC products on a website or online property.

By registering or ‘opting-in’, you agree to receive messages from the business, sweepstakes sponsors, entities, individuals or groups you join and will be charged according to your wireless carrier’s rate plan. Clicking "ACCEPT" or “ENTER” or ‘Opting-in’ indicates you agree to receive these messages.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT USE THE MOMARES.COM OR SWEEPPEA.COM WEBSITE. ANY USE BEYOND THE REGISTRATION PAGE OF THE MOMARES.COM OR SWEEPPEA.COM WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THIS AGREEMENT AND THE TERMS OF USE.

Momares.com and sweeppea.com reserves the right to modify and update these Terms at any time by posting any such new or modified Terms of Use to the Momares.com website.

Services

These Terms of Use are an agreement between you and us.

You agree that each text messages you send is based on the express consent of the mobile phone owner.

The Service consists of a web browser interface, message application, Short Message Service (SMS) gateway connection, data storage, access, encryption and transmission.

Momares or sweeppea.com does not guarantee uninterrupted availability of the service or any specific feature(s) of the service. We reserve the right to change or end the service and/or modify the terms and conditions of this Agreement at any time.

Messages shall be considered to have been delivered when Momares or sweeppea.com delivers the messages to the immediate destination, including SMTP servers, mobile phone networks, or any other intermediary server that is assigned as the point of delivery for the message. Momares or sweeppea.com does not guarantee delivery on behalf of mobile carriers, nor do we make any guarantees to its network coverage. Momares or sweeppea.com provides coverage to the majority of mobile carriers, but mobile providers/carriers at their discretion may opt out of the Momares or sweeppea.com network, ensuing undelivered messages.

The use of a SWEEPKEY does not grant ownership of such SWEEPKEY. Momares holds ownership of all SWEEPKEYs in its service and may change the SWEEPKEY associated with your account at any time. In such an event, Momares would provide you with an alternate SWEEPKEY. Momares, in its sole discretion, may determine to limit the use of the Services, add data storage limitations, charge or change fees for the Services or otherwise change the Services in the future. You acknowledge and agree that these changes may take place and that Momares or sweeppea.com shall have no liability from such changes.

Any modifications to the Services shall be in the sole discretion of Momares or sweeppea.com and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier and may appear on your wireless bill or deducted from prepaid balance.

Momares and sweeppea.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services you agree that Momares and sweeppea.com shall not be liable to you for any modification, suspension or discontinuance of the Services. Momares and sweeppea.com provide all services "as is" and "as available”.

If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the Service.

Age Requirement and Eligibility

Children under the age of 13 are not permitted to use the Service. You must be at least 18 years old to be eligible to use any of Momares or sweeppea.com services. If you are at least 13 years old but younger than 18, you may use the services if you have your parents' or guardians' prior permission. By clicking the "ACCEPT" or “CREATE ACCOUNT” button you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents' or guardians' permission to register for the services.

You are solely responsible for all security information relating to your account, and are fully responsible for all activities that occur under your password or account.

Use of Site

Momares and sweeppea.com provides a license for the User to view, print, download and save the content of the Momares.com or sweeppea.com website, given such content is used for personal, educational, private, non-commercial, legal and/or evidential purposes only. Any other usage requires prior written consent from Momares or sweeppea.com.

No authorization is given or should be implied that information on the Momares.com or sweeppea.com website may be used to communicate unsolicited communications including as SPAM and Phishing. Contact information such as email addresses, names and telephone numbers available on the Momares.com or sweeppea.com website may not be included into any database, used for electronic marketing or similar functions.

User Account

In order to open an account with Momares or sweeppea.com, the user must complete the registration process. As part of the registration process you will select a unique username and password. The information provided in the registration steps must be accurate, complete, and regularly updated in the member profile section. False or misleading information will result in suspension. The User is completely responsible for keeping password and any account information confidential. The User is responsible for all activity that occurs in their account. Any fraudulent, offensive, abusive or otherwise illegal activity may be grounds for termination of your account, at Momares’s or sweeppea.com’s sole discretion.

Momares or sweeppea.com will not be held liable for actions taken with respect to services offered and/or any third party claims.

Security Rules

Momares and sweeppea.com shall take all reasonable steps to ensure the safety of the content of the Momares.com and sweeppea.com website and the information granted by and collected from Users from unauthorized access and/or disclosure. Nevertheless, Momares and sweeppea.com do not make any warranties or representations that content shall be 100% safe or secure.

Users may not deliver or attempt to deliver, whether on purpose or negligently, any detrimental code, such as computer viruses, robots or spyware to the Momares.com or sweeppea.com website or the server and computer network(s) that support the Momares.com or sweeppea.com website. Users may not try to access data not intended for the user or log into a server or account which the User is not authorized to access.

Violations of system or network security may result in civil or criminal liability. Momares and sweeppea.com may investigate violations of these Terms, and may involve and assist law enforcement authorities in prosecuting users of the Website who are implicated in such violations.

Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Momares.com or sweeppea.com website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Momares and sweeppea.com harmless against any and all liabilities, damages, risks and losses that Momares and sweeppea.com and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.

Momares and sweeppea.com reserves the right to assert damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such malicious devices or programs.

The User agrees to notify Momares or sweeppea.com of any breach of security as soon as known, or any unauthorized use.

User Privacy

Momares or sweeppea.com will not edit, supervise or reveal any personal information about the User, their account or content without the User's prior permission. Momares or sweeppea.com may reveal the Users information if the following actions are necessary:

1. To conform to legal requirements or comply with legal orders
2. To protect Momares or sweeppea.com business or reputation
3. To protect the property or rights of Momares or sweeppea.com
4. To answer a demand for identification in connection with claim of trademark or copyright infringement by the User
5. To enforce this Service Agreement
6.  To claim by a third party that a User is using the service in any prohibited manner in the Privacy Policy or Terms and Conditions

The User agrees that Momares or sweeppea.com may access its account for the reasons above or to attend to technical issues and/or servicing. The User grants Momares and sweeppea.com an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works such as, but not limited to, case studies, corporate name and logos, and results reports and distribute such information and materials as Momares or sweeppea.com see fit. You further agree that Momares and sweeppea.com is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Momares or sweeppea.com in any form by using this service.

The User gives Momares and sweeppea.com the right to send communication to the User via email and/or text message regarding Momares or sweeppea.com notices, updates, upgrades, offers or information Momares or sweeppea.com deems important for its users.

Advertising Guidelines

The User agrees to not:

1. Create a false identity mobile phone address or header, or otherwise attempt to deceive others as to the identity of the sender or the source of the message.
2. Use the service to send junk SMS/text messages, Spam or any unsolicited messages.
3. Promote or offer online pharmacies or pharmaceuticals, work at home businesses, credit or finance management, mortgage, debt relief offers, pyramid schemes and/or any form of multi-level marketing.
4. Offer, promote, sell or offer to sell products, content and/or service that is illegal in the location at which the content is posted or received, material that exploits children, or otherwise exploits children under 18 years of age, adult sexual, pornography or illicitly pornographic sexual products, escort services, tobacco or products containing tobacco, unlawful goods, illegal drugs, illicit drug contraband, pirated computer programs, directions on how to assemble or otherwise make bombs, missiles, arms, grenades or any other weapons.

The User is not allowed to use the Momares or sweeppea.com logo, brand name, trademark, slogan or any other intellectual property without the prior written consent from Momares or sweeppea.com.

If the User advertises their products, event(s) and/or services in a manner that breaks the specific regulation set out above. Momares or sweeppea.com, at our sole discretion, will be entitled to suspend and/or discontinue the service to the User.

Messages and Data Storage

Momares or sweeppea.com is not responsible or liable for the failure in saving or storing data regarding users’ information, contact list, email, telephone numbers, contest results and/or transmitted messages.

Momares and sweeppea.com works hard to ensure timely delivery of messages; however, messages may be delivered late due to queuing, network traffic or telecommunications links and equipment failure beyond our control.

Member Conduct

Any commercial use of the Service that is not authorized is prohibited. The User consents to abide by all appropriate local, state, national and international laws and regulations. The User is held accountable for all acts or omissions that occur under its account or password, including the content broadcasted through the Service.

As an example, but not limited to, the User agrees not to:

1. Use the Service to send or in connection with junk SMS messages. Messages that promote or soliciting for online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers, pyramid schemes or multi-level marketing (MLM) businesses, spamming or any unsolicited messages commercial or otherwise.

2. Exhibit, give, promote, sell or offer to sell the following products or content or services related to: unlawful materials or products in the location at which the content is posted or received. Any material that exploits children, or otherwise exploits children less than 18 years of age, escort services, prostitute services, pornography or illicitly pornographic sexual products, illegal goods, drugs, drug contraband, pirated computer programs, directions on how to assemble or make bombs, any explosive or other weapons.

3. Interfere with or disturb networks connected to the service or infringe on the regulations, policies or procedures of such networks.

4. Collect or harvest information about others, including email addresses and cell phone numbers, without their approval.

5. Create a false identity mobile phone address or header, or try to deceive others as to the identity of the sender or the origin of the message.

6. Broadcast material through the Service, associate with the Service or publishing with the Service libelous, defamatory, threatening, obscene, grossly offensive, harassing, bigot, racist, excessively profane, lewd, violent, objectionable, unlawful, or that incorporates the proprietary material or intellectual property of another.

7. Broadcast any material that introduces viruses, Trojan horses, worms, time bombs; cancel bots, harmful code or harmful programs on the Internet.

8. Interfere with or disturb networks connected to the service or infringe on the regulations, policies or procedures of such networks.

9. Try to gain unauthorized entry to the Service, other accounts, computer systems or networks connected to the service, through password mining or any other means.

10. Obstruct a user's use or another entity's use and enjoyment of the Service.

11. Publish or reveal any personally identifying information or private information about children without their consent or their parents consent in case of a minor.

12. Post any content that encourages, offers instruction, information, assistance or promotes violence against any government, organization, group or individual.

13. Partake in any other activity that may be subject to criminal or civil liability, penalty or judgment.

Momares and sweeppea.com reserve the right to prohibit the use of the Services by any company or organization in its sole discretion.

Code of Conduct

The User aggresses to comply with the following code of conduct regulated by the Mobile Marketing Association of the United States: http://mmaglobal.com/policies/code-of-conduct and comply with the Telephone Consumer Protection Act (TCPA):https://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

Fees

Momares or sweeppea.com at its sole discretion and with prior notification in writing to the User may change fee structure at any time.

Cancellation by the User

The primary way a User may to terminate or cancel this Agreement at any time, and for any reason is by logging on to the account and on the My Account > Profile tab > selecting the "Cancel Your Account" button and confirming cancellation. You may also notify Momares or sweeppea.com, in writing, of any such termination by sending an email to support@sweeppea.com

Cancellation or Suspension by Momares or sweeppea.com

Momares or sweeppea.com reserves the right to suspend, terminate or deactivate the User’s Service at any stage for any reason we may deem necessary. This may happen anytime with or without cause or notice. Momares or sweeppea.com shall have no accountability or liability to the User or any third party because of such action or termination.

Upon any such termination, the User is held responsible for paying all amounts accrued and owed by the User. This shall continue even after any suspension or cancellation of your access to the Service (in whole or in part).

Momares and sweeppea.com reserves the right to permanently remove your account if it is inactive for over 120 days, including contact lists, messages, SWEEPKEYs and any other information stored by Momares or sweeppea.com. Before taking any final actions regarding account removal, Momares or sweeppea.com will try to contact the User via the email address the User supplied.

Momares and sweeppea.com reserves the right to disclose any to the recipient, appropriate authorities or any other party with regard to its clients and application Users.

The terms regarding ownership, payments, warranties and indemnifications will survive any suspension, termination or cancellation of the User’s use of the Service.

Expiry of Messages Purchased

The messages purchased must be used within 120 days from the date on which the user bought the credits.

Refunds of Message Credits

Message credit refunds are given on a case-by-case basis, it is Momares or sweeppea.com’s sole discretion to credit accounts or refund any purchases. The User may request a refund for any unused credits within 7 days of purchasing those credits.

Disclaimers

Momares or sweeppea.com does not control, monitor or make representation regarding the truth, quality, entirety, safety or legality of the information provided by its users. Momares and sweeppea.com disclaims responsibility for our users, channels and their postings, their acts and omissions. Momares and sweeppea.com provides all services "as is" and "as available” with no warranties of any kind. Momares and sweeppea.com denies any warranty, expressed or implied, regarding the services, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the services will be secure, uninterrupted or free of errors, viruses or other harmful components.

Limitations of Liability

Momares or sweeppea.com or its employees, officers or directors will not be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the services whether or not Momares or sweeppea.com has been advised of the possibility of such damages. If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the Service.

Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Momares or sweeppea.com. Any such assignment or delegation by you without the appropriate prior written consent of Momares or sweeppea.com will be null and void and of no force or effect.

Indemnification

The User agrees to indemnify, defend and hold harmless Momares and sweeppea.com and its employees, affiliates, officers, agents, service and content providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to:

1. The use of the Service in any way which violates the terms of this Service Agreement.
2. Any violation or failure by the User to comply with all laws and regulations in connection with the Services.
3. Any content that you or anyone using your account may submit, post or transmit to the web site.
4. Any claims made by third parties arising from your use of the Service, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to the Service.

Modifications to Terms and Conditions

Momares and sweeppea.com regularly updates, modifies, and continually improves the Services. Momares and sweeppea.com shall have the right to change or update the terms of this Agreement and to alter or discontinue any aspect or feature of the Momares or sweeppea.com service. The amended Terms and Conditions will be automatically effective five (5) days after they are initially published on the Momares or sweeppea.com web site. Your continued use of the Services denotes your acceptance of the amended Terms and Conditions as modified by the published changes.

Unenforceable Provisions

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Copyright and Trademark Notices

All content, design and layout of the Website: Momares, LLC. All rights reserved. All trademarks or tradenames are the property of their respective owners.