The following terms and conditions shall apply for the use of the MasterCard Short Message Service (SMS) Locator service ('Service'). The entity or person who is using the Service shall be referred to as "User" or "you". MasterCard International Incorporated, the provider of the Service, shall be referred to as "MasterCard" , "we" or "us."
THE FOLLOWING TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND BY USING THIS SERVICE AND CLICKING ON "IHAVE READ AND ACCEPT THE TERMS AND CONDITIONS" YOU INDICATE THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
DESCRIPTION OF SERVICE
The Service allows the User to request address location data be delivered to the User from MasterCard via text messages to cell phones, as more fully described in Service descriptions provided by MasterCard from time to time. MasterCard's Service terminates when the SMS message is transmitted by the transmission source, and MasterCard is not responsible for the Service after such transmission.
USE OF THE SERVICE
User is responsible for providing the correct wireless number for an active wireless account with a participating provider. User is responsible for the financial responsibilities of the wireless account through which the Services are being accessed, under the User's own arrangements with the wireless provider. User acknowledges that standard text messaging rates and other charges may be charged to User for such access. MasterCard is not responsible for Users claiming that they did not authorize the use of their wireless cell phone for these Services. User is solely and fully responsible for all claims arising from User's use of the Service by persons or entities claiming that they did not authorize the use of their wireless account to receive text messages or persons or entities claiming they did not authorize the use of their wireless account to be charged.
If User is not the owner of the mobile phone User intends to use for this service, you represent that you have obtained the permission from the owner before using the Service. If you are under the age of 18 you represent that you have obtained parental permission and consent before such use. Services are for User's personal use. User may not transmit or re-transmit, broadcast or re-broadcast or use any part of this Service for commercial use.
PROBLEMS AND HELP
If you order a Service and don't receive it, or if you have any questions or comments, let us know immediately by selecting the "FAQ/Contact Us link" on MasterCard.com and following the directions.
The only information provided by User in connection with the Service is the wireless number to which the specified address location data is to be transmitted. We will use the number solely to provide the Service and shall not retain a copy of the number after the Service is provided. You authorize us to use the number for such purpose.
WARRANTIES AND LIMITATIONS ON LIABILITY
We cannot guarantee continuous or secure access to our Services, and operation of the service and Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude and disclaim all express and implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any direct, special, indirect, or consequential damages arising out of your use of our Service or site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us for the Service in the 12 months prior to the action giving rise to the liability, and (b) $100.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or your use of the Service, to the extent not caused by our breach of the Agreement.