The Legal Stuff

Consumer Terms and Conditions

Available on Alltel, AT&T, Boost, Dobson, Nextel, Sprint, T-Mobile and Verizon Wireless. Coming soon to Virgin Mobile US and US Cellular. Premium SMS charges and carrier SMS rates apply.

By sending a text message to short code 63278, you are signing up for a text service subscription program and agreeing to the terms and conditions of NearU Search's services. You will not be charged by NearU Search for Qpons. Standard text messaging rates may apply.

Pricing is subject to change. You may stop this subscription service at any time by sending a text message with STOP to short code 63278. Your phone must have text message capability. You must be the owner of this device and at least seven years old or have the permission of your parent or guardian.

Standard text messaging rates may apply depending on your service plan. NearU Search may occasionally send you a brief customer satisfaction survey via SMS. This survey will be at no cost to you and you will be under no obligation to complete the survey. NearU Search may also send you a message via SMS if you choose to stop service. You agree to not use the Service to 1) harm minors in any way, 2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, 3) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and 4) "stalk" or otherwise harass another.

NearU Search receives its content feeds from 3rd party sources and cannot guarantee that all expected information is accurate or will be received from that source. By accepting the terms and conditions, you agree to not hold NearU Search responsible for any personal financial loss, claim, suit, action, damage, or expense as a result of not receiving an alert.

Please check with your mobile service provider if you have questions about your service plan. In case of questions please contact customer service at support.nearusearch@gmail.com.

To stop service from your computer, click here.

Merchant Terms and Conditions

READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY USING THIS SERVICE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS EITHER INDIVIDUALLY OR ON BEHALF OF YOUR COMPANY AND ARE NOW COMPLETING SUCH A BINDING AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND ALL OTHER ADDITIONAL OR CONTRARY DOCUMENTS, OR REPRESENTATIONS, WRITTEN OR ORAL, ARE HEREBY REJECTED AND SHALL NOT BE BINDING.

YOU ARE AT LEAST 7 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SERVICE AND HAVE THEM READ AND AGREE TO THESE TERMS. You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 7, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service do not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 7 and using the Service without the permission of your parent or legal guardian.

Acceptance of Terms of Use
These Terms of Use govern your use of the all mobile marketing programs and services of NearU Search, Inc, including, but not limited to Qpons, Evntz and other services as found on the company websites. By using, visiting, or browsing the mobile marketing programs and service or websites, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the NearU Search mobile marketing programs or service or websites. These Terms of Use are an ongoing contract between you and Qpons and apply to your use of the Qpons service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
NearU Search, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Qpons website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Qpons website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy
Any personally identifying information submitted on the Qpons website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

No Spam
NearU Search is compliant with the CAN-SPAM laws and enforces such practices for all of its customers. You represent, covenant and warrant that you shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation).

You shall warrant to NearU Search that you will take all required actions necessary to comply with applicable state and federal "DO NOT CALL" registration statutes and regulations, and you shall not use the Service in a manner which will result in a violation of any laws or regulation respecting such Service, including but not limited to the Federal Telephone Consumer Protection Act, 27 U.S.C. § 227, et seq..

You shall use NearU Search only for "opt-in" lists, lists in which the recipient has voluntarily signed up to be on your list and has not requested to be unsubscribed. Any messages sent to users who did not request to be on your or your customers' lists, whether purchased or otherwise obtained without the recipients' consent, shall be deemed as "Spam" and may result in termination of your account without refund and legal action, including the pursuit of damages, against you for violating our "No Spam" policy.

You shall also agree to abide by and display a Privacy Policy or link to a Privacy Policy on your signup page. You shall either (1) use the Privacy Policy provided by NearU Search (attached as Exhibit D) or (2) use a Privacy Policy that contains the same provisions, or their equivalent, as the Privacy Policy that is provided by NearU Search. Any violation of this Privacy Policy may result in termination of your account without refund and the commencement of legal action against you. You agree to indemnify and hold NearU Search harmless from any damages and claims arising from any violation of this policy.

As a matter of privacy, NearU Search does not have to share with you the e-mail addresses, instant message handles, phone numbers, or pager numbers of those who complain about your campaigns.

How Our Service Works
Qpons is an online subscription service providing its members with text message marketing programs for mobile platforms ("mobile marketing programs"), including discounting ("Qpons"), announcements ("Evntz") and custom programs ("other services"). We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations on the number of months the promotion is available for any given member. Under all plans, members set up their mobile marketing programs at our website, post the collateral as delivered to them and accept responsibility for the ongoing maintenance of their mobile marketing program.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

Below is a description concerning the operation of our mobile marketing programs:

Mobile Marketing Programs
Qpons, Evntz and other services allow our members between 500 and 10000 text messages per month. We provide a number of different membership plans to accommodate different business sizes and need. Click on the "Advisor" link, located at the top of the pages of the Qpons website for details on the various plans we offer.
Overages
We do not establish a monthly limit on the number of text messages the member can distribute, however, the advertisers incurs an overage charge for each text message over the amount included in the monthly fee. These charges are billed with your monthly premium. You may modify your plan on the "Advisor" if your current plan is not satisfying your mobile marketing needs.
Delivery Speed
We utilize the premium short message service (SMS) capabilities of major carriers. In the U.S., mobile marketing programs are available on AT&T, Sprint, Nextel, Boost, MetroPCS, US Cellular, Virgin Mobile US, VerizonWireless, and their related affiliates. We will send you an email letting you know when we have received notices from the carriers regarding service interruption or required maintenance.
Your Mobile Marketing Program
Qpons, Evntz or other services that you select to make available to your customers are expressly your responsibility to fulfill. NearU Search, Inc. and its affiliates do not warrant nor guarantee that your promotional message is accurate. You may change your offers at anytime IF THE OFFER IS NOT CURRENTLY ACTIVE. Click on the "Builder" link to make adjustments, review upcoming notices to customers or to review your past messaging. We will message you when you have an upcoming alert that has not been entered. The "Builder" indicates past, current and future offers.
Your Mobile Marketing Program
As part of Agreement, you acknowledge that NearU Search possesses valuable trade secrets and agrees to maintain the confidentiality of NearU Search's proprietary materials.

NearU Search agrees to maintain as confidential your e-mail, phone numbers, physical mailing addresses, and wireless numbers. NearU Search agrees not to compile, buy, sell, rent, rent or trade your e-mail, phone, physical mailing addresses, wireless numbers, nor to send unauthorized emails, wireless text messages (SMS), direct mail, or voice messages to any individual or entity on your list(s). NearU Search further agrees not to use your customer list(s) or any other customer information for any other purposes than those intended with the Service. Your customer information shall not be shared with any other third parties unless required by law. NearU Search will provide you with reasonable advance notice prior to disclosing confidential information on this basis and agrees to stipulate to any orders necessary to protect said information from public disclosure.

Restrictions
You represent and warrant that: (i) you own all Content provided by you through the Service or otherwise have the have the applicable licenses necessary to use such Content in accordance with the terms of this Agreement, and (ii) the transmission of your Content through the Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content provided by you to or through the Service. When providing Content to or otherwise using the Service, you agree not to, without limitation:

send any unsolicited e-mails, instant messages, wireless text messages (SMS), voice messages or faxes or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
send unsolicited e-mails, instant messages, wireless text messages (SMS), voice messages or faxes to email addresses, phone/pager numbers, landline phones or fax machines, obtained from any purchased or harvested lists in which the recipient did not expressly request to receive your message (or your customers' messages);
send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that harass, embarrass, defame, abuse, threaten, libel, slander or otherwise violate the legal rights of any individual, group, or organization;
send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by NearU Search;
send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contains material that infringes, misappropriates or violates any patent, trademark, trade secret, copyright, rights of privacy or publicity or any other proprietary rights of any party;
send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contain a computer virus or any other code, program or file that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group or organization;
perform or promote illegal activities or promote physical harm or injury against any individual, group or organization, or promote any act of cruelty to animals;
impersonate, use the name of (without express permission) or misrepresent any individual, group or organization;
Violate any applicable local, state, federal or international laws or regulations or perform any activity that would cause NearU Search to violate any law, statute or regulation.
Transmit or otherwise make available any content that is false, harmful, threatening, abusive, defamatory, libelous, disparaging (including disparaging of NearU Search), vulgar, obscene, pornographic, or that promotes, furthers or cites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by NearU Search in its sole discretion).
Submit any copyrighted or trademarked materials without the express permission from the owner.
Solicit personal information from anyone under 18 years of age.
Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Service.

This list of prohibitions provides examples and is not complete or exclusive. NearU Search reserves the right to (a) terminate your access to your account, your ability to use the Service and (b) refuse, delete or remove, move or edit the Content, in whole or in part, with or without cause and with or without notice, for any reason or no reason, or for any action that NearU Search determines is inappropriate or disruptive to the Service to any other user of this Service. NearU Search may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at NearU Search's discretion, NearU Search will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Service. NearU Search does not and cannot review all Content submitted to and/or transmitted through the Service. These prohibitions do not require NearU Search to monitor, police or remove any Content or other information submitted by you or any other user of the Service.

Membership and Billing
You can find the specific details regarding your membership with Qpons, Evntz, or other services at anytime by clicking on the "Advisor" link, located at the top of the pages of the Qpons website.

Free Trials
We encourage you to occasionally test your mobile marketing programs prior to making them available to customers. On the "Builder" link, you can click on an alert date and use the "Test It" button to send it to your mobile. Text messages sent with the "Test It" button are added to your monthly text message count.

We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax when you pay for you mobile marketing programs. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of subscription plans. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
Billing
By starting your Qpons, Evntz or other services membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the mobile marketing programs to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

Additional charges may include overages, custom set-up fees, print collateral fees and other purchases you make, or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "Membership Terms and Details" link on the "Account Info" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method on the first day of each month. You acknowledge that the amount billed each month may vary from month to month for reasons that include overages, changes in carrier rates, changes in the amount of applicable sales tax, and/or changes to your mobile marketing programs. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Account Info" button, available at the top of the pages of the Qpons website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership
Your membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Cancellation
You may cancel your membership to your mobile marketing programs at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click here and follow the instructions for cancellation under the heading "Cancel Membership."

We reserve the right to terminate your account for any or no reason.

Features & Functionality

Test It
Qpons and Evntz allow you to instantly test text message marketing messages. These text messages are counted in your monthly total. Availability and Time Limits: Mobile marketing alerts may be modified until the day they become active. You are responsible to ensure that the message is accurate and complete, without any language that is inappropriate or language that violates carrier guidelines. For guidelines on mobile marketing programs, see the "What Can I Advertise?" in the FAQ. To view the details of your specific membership plan, click the "Account Info" page.
Qpons
All mobile marketing programs have text message limits in the basic membership beyond which each additional text message is billed an overage charge. Unused text messages do not accumulate or roll-over to the next billing period. We will email you if your usage reaches an overage total that makes it financially advantageous to you to upgrade your membership plan. Conversely, we will email you if your usage drops below a threshold for three months that makes it financially advantageous to you to downgrade your membership plan. From time to time we will email you suggestions on mobile messaging or promoting your mobile marketing program to ensure you are getting the maximum benefit from your program.
Program Start:Your mobile marketing program takes effect when your payment method is invoiced and authorized for the first period which you may select as three months or six months.
System Requirements and Device Limitations: A number of mobile phones have limited or no text message capabilities. Other conditions preventing your customers from receiving your mobile marketing include, but are not limited to, carrier restrictions on the customer's device and/or phone plan; late payments by the customer; or limited subscription from MVNO, e.g., the sub-carrier does not support text message.
Customer Charges: This marketing is paid for by you. Your customer IS NOT CHARGED BY NEARU SEARCH INC. for mobile offers you make. However, standard and other carrier charges may be applied as part as specified in the customer's mobile plan.
Restricted Products Marketing. Members who market products that are restricted in some way should consult the "What Can I Advertiser?" section of the FAQ for guidance.
You may address any concerns or questions regarding the information collected to NearU Search Inc. General Counsel at 556 S Fair Oaks, 101-34, Pasadena, CA 91105.
Mobile Marketing Program Devices
All mobile handsets issued from a major carrier in the past five years support text messaging. 3rd party handset products for niche markets may or may not support texting messaging. If a customer has difficulty signing up for your mobile marketing, refer him or her to the carrier or handset provider.
Sharing
The nature of mobile marketing programs via text messaging makes it a viral medium. Qpons, Evntz and other marketing programs arrive as text messages to your customers' handsets and they can forward the messages to their friends. NearU Search Inc. cannot be responsible for too many customers coming into your business displaying your marketing offers.
Multiple Nicknames
The mobile marketing programs do not currently support multiple nicknames.
Feeds
RSS feeds can be created from the data entered into your mobile marketing programs can be as a convenient way to pass consistent information from your marketing platform to your web site or your affiliates' web sites. This information is published in a standard XML format that can be accessed via a URL. All use of the RSS feeds from a NearU Search website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk. By using a NearU Search feed, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed. This includes the use by NearU Search of the feed for the consumer website found at NearUSearch.com.

Account Access; Identity Protection
Like most web sites, NearU Search, Inc. uses cookies in order to provide services to you and improve your experience. Cookies record your preferences, but we do not keep your username or password. Without cookies, we cannot remember your screen preferences. If you do not want to receive cookies, set your browser to notify you when cookies are sent.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to NearU Search websites.

If you find that you're a victim of identity theft and it involves any of your mobile marketing accounts, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. NearU Search reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. NearU Search is not obligated to credit or discount a membership for holds placed on the account by either a representative of NearU Search or by the automated processes of NearU Search.

Disclaimers of Warranties and Limitations on Liability
NEARU SEARCH, INC. MOBILE MARKETING PROGRAMS AND SERVICE, INCLUDING ALL WEBSITES, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE NEARU SEARCH SERVICE, THE WEBSITE AND ITS CONTENTS. NEARU SEARCH INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MOBILE MARKETING PROGRAMS AND SERVICE, INCLUDING QPONS, EVNTZ AND OTHER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT NEARU SEARH INC. MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE MOBILE MARKETING PROGRAMS AND SERVICE, INCLUDING OUR TEST IT FUNCTIONALITY, OUR REPORTING FEATURES OR ANY OTHER ASPECTS OF THE MOBILE MARKETING PROGRAMS AND SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained in Qpons, Evntz or other services from the mobile marketing service; (ii) errors or omissions in the content delivered by the mobile marketing programs and service or on any of the NearU Search websites; (iii) recommendations or advice of the websites or Customer Service; (iv) any failures, delays, or interruptions in the text messaging program delivery; (v) any failure or interruption in the availability of the NearU Search services and/or websites, including availability of the Test It functionality; (vi) delivery of any content contained on the NearU Search websites or through the NearU Search's mobile marketing programs and service, including any Qpons, Evntz or other services; and (vii) any losses or damages arising from the use of the content provided on the NearU Search websites or the Qpons, Evntz or other service and mobile marketing programs themselves, including any losses or damages arising from features of the mobile marketing programs, Customer Service or any conduct by users of the Qpons service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on text messaging from the Qpons, Evntz or other service of NearU Search or the descriptions contained on our website. We do not represent or guarantee that your use of the mobile marketing programs and service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon NearU Search Inc. or its affiliated parties.

In no event shall NearU Search, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the NearU Search websites, its contents or the mobile marketing programs and service, including Qpons, Evntz, other services, and features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the mobile marketing programs and service, including Qpons, Evntz, other services (individually and collectively, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Functionality Compatibility
NEARU SEARCH, INC. MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING MOBILE MARKETING READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR FUNCTIONALITY.

Intellectual Property

Copyright
All content included on all NearU Search websites and delivered to members as part of the service, including marketing collateral in the form of posters, stickers, web widgets and other promotional aids, volume and density (hot spot) reports, Test It, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of NearU Search, Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of NearU Search, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from NearU Search, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the NearU Search websites — NearUSearch.com and all subdomains — not to insert any code or product or manipulate the content of the NearU Search websites in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. NearU Search Inc. reserves the right to terminate your membership hereunder if NearU Search, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying software, content, interface, text, graphics, audio/video assets or the copying or other unauthorized use of our proprietary content. Qpons does not promote, foster or condone infringing activity. The use of the NearU Search mobile marketing programs and service, is solely for your commercial use; all messaging must be specifically opted-in by your customer and users through a text command that constitutes permission for NearU Search to send mobile marketing to them. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the NearU Search websites and/or mobile marketing programs and services.
Trademarks
Qpons, Evntz, and NearU Search are registered trademarks of NearU Search, Inc. The Qpons logo, Evntz logo and Qpons.NearUSearch.com, are trademarks or service marks of NearU Search, Inc. The websites including Qpons.NearUSearch.com and NearUSearch.com, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of NearU Search, Inc. The trademarks, service marks and trade dress of Qpons, Evntz or any other marks of NearU Search, Inc. may not be used or reproduced without prior written approval from NearU Search, Inc. and may not be used in connection with any product or service that is not affiliated with NearU Search, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of NearU Search, or in any manner that disparages or discredits NearU Search or any of its mobile marketing products and/or services of the company. Other trademarks that appear on the NearU Search website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NearU Search. Any images of persons or personalities contained on the NearU Search Inc. website are not an indication or endorsement of NearU Search or any particular product or our service unless otherwise indicated.
Patents
NearU Search has patents pending that apply to the qpons.nearusearch.com website and our operations.

Website Content
We distribute mobile marketing offers and announcements via text messaging and we reserve the right to display and promote the content from our members and our providers or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the NearUSearch.com website allows you and other third parties to post reviews or comments concerning the mobile marketing programs distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the NearU Search websites are those of the respective authors or producers and not of NearU Search, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall NearU Search, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the NearUSearch.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the NearU Search websites.

Submissions
NearU Search, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to NearUSearch.com, or subdomains thereof ("Content"), including, without limitation, responses to questionnaires or through postings to the websites, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Qpons, Evntz, mobile marketing programs, other services or other websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note NearU Search Inc. does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to NearU Search Inc. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against NearU Search and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, movie availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using a NearU Search service, you consent to receiving electronic communications from NearU Search. These communications will include notices about your account (e.g., shipping and receiving e-mails, billing emails and other transactional information including text messages when account maintenance if required urgently) and information concerning or related to our service, such as new features or other information or offerings. These communications are part of your relationship with NearU Search and you receive them as part of the Qpons, Evntz or other services membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers at any time here.

Your Conduct on the Qpons Website
By accessing a NearU Search website, you agree to use the mobile marketing programs and service, including all features associated therewith, the Websites and their content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with NearU Search websites. You also agree not to interfere with the servers or networks connected to the NearU Search websites or to violate any of the procedures, policies or regulations of networks connected to the NearU Search websites. You also agree not to impersonate any other person while using the NearU Search websites, conduct yourself in a vulgar or offensive manner while using our service, or use the NearU Search websites for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the mobile marketing programs and service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Member who distribute products that may be opted-in by children are required to observe all carrier guidelines governing restricted marketing. NearU Search does not intentionally seek to collect information from individuals 7 years of age and younger. Unless otherwise specified, the mobile marketing programs and the content related to same and the content on NearU Search websites, including content viewed through our Test It functionality, are for the member's commercial use and we grant you a limited license to access the NearU Search websites for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the NearU Search websites without our express written consent. NearU Search does not promote, foster or condone the copying of digitally delivered content, or any other infringing activity. Any unauthorized use of the NearU Search websites or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links
Some of the hyperlinks on the NearU Search websites may lead to other websites that are not controlled by, or affiliated with, NearU Search, Inc. In addition, other websites may link to the NearU Search website. NearU Search has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Copyright Infringement
It is the policy of NearU Search to respect the intellectual property rights of others. NearU Search does not promote, foster or condone the copying of trademarks, registered name or marks or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the NearU Search website, or know of someone who is making unauthorized use of the content of the NearU Search website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material on the NearU Search website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice email address is copyright@nearusearch.com . Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

Your physical signature.
Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Qpons shall have the right to terminate the account of any subscriber who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

NearU Search Inc.
Attn: DMCA Notification
556 S Fair Oaks
101-34
Pasadena, CA 91005

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. You and NearU Search agree that the United States District Court for the Southern District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and NearU Search relating in any way to the mobile marketing programs and service or websites or these Terms of Use. You and NearU Search expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.