SUBSCRIBER TERMS OF USE AGREEMENT

Last Modified: August 2008

1. Introduction

This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, our registered member, non-registered member, affiliate or advertiser (hereinafter referred to as "you", "subscriber" "subscribers" non-subscriber" or "non-subscribers") and Permission Marketing Group, LLC. (Hereinafter referred to as "us" or "we") a limited liability company operating from the state of Iowa, United States of America, that serves as the owner and operator of www.saysomobile.com (hereinafter referred to as the "Site").

As a condition precedent to you being able to use this Site including but not limited to any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you engage any component of this Site including but not limited to any tools, functions or services that this Site offers, register as a subscriber, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not maintain your subscription to our services.

This Agreement may be modified or altered in part or in its entirety at anytime with no prior notice to you. You are responsible to check this Agreement on a regular basis in order to review the latest changes. Any use by you of this Site including but not limited to any tool, function or service that we provide subsequent to the posting of a modified version of this Agreement is your express indication to us that you agree to be bound by each and every term and condition of the superseding version of this Agreement. If you do not agree to be bound by each and every term and condition of an amended, superseding version of this Agreement, your sole recourse is to discontinue the subscription to our service and discontinue using any tool, service or function that we provide

Subject to your complete compliance with each and every term and condition in this Agreement, you will receive a non-exclusive, non-transferable and limited right to use the Site and its services with one mobile device of your own purchase. Your use must be non-commercial in nature unless you are a registered advertiser or affiliate and then such usage is limited by this Agreement and any and all rules and guidelines that we post on the Site.

2. General Subscription Rules

All subscribers are required to enroll via our Site. In order to complete registration, you must provide personal details including but not limited to your accurate and complete name, mobile telephone number and any other contact information that we request during the registration process. You agree to keep your information up to date, correct and complete at all times. Your information will be used in accordance with the Site's Privacy Policy. In the event that we learn or suspect that you have provided us with incomplete, false, misleading or incorrect information we reserve the right to terminate your account without any prior notice.

It is your responsibility to maintain appropriate security regarding your account and password information. Do not allow any third party to access your account or learn your password. Ensure that you log out from your account after usage. You agree to hold us harmless, along with our partners, affiliates and advertisers, regarding any loss that you suffer should you fail to maintain appropriate security regarding your account and password information.

You must be at least 13 years of age to subscribe. Your subscription is void where prohibited by law and is subject to all local, state and federal laws that apply to multi level marketing and business opportunities and the use of the Internet and mobile communication devices such as cell phones.

Multiple accounts are not allowed. You agree to refrain from "gaming" our systems, cheating our earnings program, or taking any action that violates this Agreement, constitutes fraud, or attempts to dishonestly manipulate any tool, service, activity of function that we provide, or harms the economic interests of our subscribers and us.

We may refuse service to any person or entity for any reason we deem appropriate.

You agree that we may maintain your subscription and registration information and freely access it for the purposes of communication with you, responding to legal process, preparing for legal process, enforcing the terms and conditions of this Agreement, responding to complaints about your subscription from third parties, and protecting the rights, safety and property of our company, employees, affiliates, subscribers, advertisers and any third party relevant to the Site or your actions as a subscriber of our service.

3. Payments Terms

Subscribers enroll in order to receive advertisements and other commercial communications which are distributed through our systems to the mobile devices of each individual subscriber. We will pay you for each commercial message sent to your phone. Generally we will post your most recent earning information on our Site for your review. You may refer additional members to our Site.

Payments will be rendered by check mailed to your stated surface address within the United States. Alternatively, you may opt to donate your earned funds to a non-profit organization of your choosing.

No payments will be made to any Subscriber or Affiliate until the corresponding funds have been received from the advertiser by Sayso.

You are responsible for all taxes relating to your earnings. Should your annual income exceed $600, you must provide us with your tax ID number for the purpose of our filing a 1099 form with the I.R.S.

4. Termination of Service

You may terminate your account at any time by completing the appropriate termination request form located in your administration area. Termination of an account is irreversible and irrevocable: once you terminate your account it cannot be reactivated. By terminating your account you forfeit any and all funds credited to your account at the time of termination and any funds that would have been accredited in the future, but have not been processed at the time you enter your request to terminate your account.

If the funds in your account exceed the payout threshold, we suggest that you wait to terminate your account until payment has been sent to you.

Your personal data and information will be permanently and irretrievably erased from out servers upon the processing of your termination request.

We will take reasonable efforts terminate every aspect of your participation in Sayso immediately upon the termination of your account, but you may receive one or more messages to your registered cell phone subsequent to the filing of your request for the termination of your account, if such messages were sent prior to the filing of your request for termination but were pending and not yet been completely processed and forwarded to your cell phone or messages that were in the process of being sent to your cell phone during the time period necessary for our processing of your termination request. We are not responsible for any charges you incur for your receipt of such messages.

We may terminate usage or the subscription of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose subscription is being terminated.

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or subscriber) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Once your account is terminated by your actions or ours, you will forfeit all amounts accumulated but unpaid. There is no way to reestablish an account once it is terminated.

5. Content Related Rules.

You understand that we provide our subscribers with a varied selection of promotional materials that are generated by our advertiser base or directly by us. We are not responsible for the content of the material supplied to us by our advertisers and we are distributors of such content, not publishers. We do not exert editorial control over the content provided by our advertisers. You agree and understand that you have no claim regarding any content that you find objectionable for any reason and that any such claims are strictly between you and the relevant advertiser and that we do not intervene or become involved with disputes between subscribers, non-subscribers, affiliates or advertisers. We do not provide any guarantee about any claim made by an advertiser or any third party including any and all warranties normally applied by operation of law. If you have a dispute with any subscriber, non-subscriber, advertiser, affiliate or any third party that we have a business relationship with, you agree to release us from any such claims, demands or damages. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are not responsible for the content provided by any third parties who own and operate websites that we provide links or tabs to. Please review the privacy policies and terms of use regarding any such websites. We do not ensure that any service, tool or item that you purchase from any third party shall be delivered or match the advertising claims issued by said third parties, including issues regarding payment or delivery of services and goods.

We do not screen content provided by our Site subscribers, non-subscribers, affiliates or advertisers or any other third parties or entities and you agree that we do not have any duty to do so prior to such being published on our Site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content distributed or published by subscribers or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family subscribers, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via subscribers or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet and cell phones means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

You agree that we may send you certain communications that you cannot opt out from, such as service announcements and as such, these communications are a portion of our service and that you will receive and review them in a timely manner.

6. Restrictions on the use of the Services

By using the Services you agree that you will not: (a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Sayso reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, Sayso reserves the right to share any information with any third party. In addition, Sayso reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

7. Coupons and Advertisement Messages

We are not responsible for the content of any coupon, promotional material or any other content that you receive from an advertiser and do not ensure the legal compliance with any relevant laws or regulations regarding the same.

We cannot ensure that you will receive any specific number of advertisements or coupons and as such we cannot guarantee that you will earn a minimum or set amount via your subscription. You may receive more advertisements or related communications then you wish from time to time. We are not responsible for any commercial messages that you do not receive in a timely manner or at all. The actual delivery time for any particular advertisement or commercial message depends on many factors that are outside of our direct control, such as the involvement of your mobile service provider. It is your responsibility to ensure that any offer or commercial communication you receive is within the legal requirements of your jurisdiction and to refrain from acting upon any commercial offer that violates the law in your jurisdiction.

8. Third Party Fees and Charges

You are solely responsible for any fee or charges imposed by your Internet Service Provider, mobile phone service provider and all other service providers who provide goods or services that are required to access or use our services, including those relevant to the use of any equipment or connections. You are responsible for any charges for sending or receiving text messages and SMS communications.

9. Disclaimer of Warranty

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the Site, or any of the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the Site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Site. The Site and all content contained, distributed, sold or published via the Site as well as all functions, activities, tools and services are provided to you "As Is, Where Is", without any warranty of any kind, express or implied

10. Intellectual Property Provisions

All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Your use of our service is your express indication to us that you understand that we are the sole owner of any technology, including software copyrights and patents that are used by us to bring our services, tools and functions to you.

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature. You agree to refrain from distributing, copying, reverse engineering, or decompiling our software at any time.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

11. Automatic Viewing or Usage of this Site

You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this Site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

12. Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. "Submissions" may be thought of as "letters to the editor" or "suggestions/ideas" type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

13. Additional Terms for Advertisers

You agree to pay Sayso all applicable charges to your account as posted by us in United States dollars in accordance with the terms of your order, including any applicable taxes, in accordance with our billing terms. You may pay via credit card, charge card. At the sole discretion of Sayso, advertisers may be provided the option to make payments by check. If payment cannot be charged to your credit or charge card, for whatever reason, or if there is a chargeback for any reason, or if a check is returned as a result of insufficient funds or any other reason, we reserve the right to suspend or terminate your account.

We reserve the right to reject any advertising submission for any reason we deem appropriate. We also reserve the right to remove any submission for any reason. You represent and warrant that the content of your advertising submission does not violate any law or regulation, does not infringe upon any copyright, trademark, trade secret of any other intellectual property right, does not defame any third party or entity, and shall not cause any civil claim of any nature to arise. In the event that any civil claim or tort arises or is threatened, you agree to hold us harmless and indemnify us from the same. Your advertising content may not be misleading or false and it may not be threatening in nature. We do not guarantee the delivery of any message nor do we guarantee that the subscribers who receive messages will actually read them. If we, in our sole discretion, determine that any advertiser's content is inappropriate for delivery, we will not deliver, transmit or distribute the message and no refund will be issued.

14. Refunds To Advertisers

Under no circumstance will we issue a refund of any kind.

15. Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the state of Iowa, excluding that body of laws known as choice of law or conflict of laws.

16. Foreign Usage

We make no representation that the usage of this Site, or the content, tools, services and functions provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Currently, Sayso’s services are only available to U.S. residents.

17. General Information

This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

18. Notice

To you may be issued via electronic mail or by surface mail, at our sole discretion.

19. Indemnification

You agree, to the full extent permitted by law, to indemnify and hold Sayso and (as applicable) our parent, subsidiaries, affiliates (defined above), officers, directors, agents, employees or any party that provides fulfillment or other services harmless from any claim or demand, including all of its attorney's fees and expenses, which expenses or damages result from claims brought by other parties regarding (a) Sayso exercise of any rights granted (or permitted to be granted) under these Terms and Conditions; (b) any breach of any of Your obligations, representations, warranties or covenants under these Terms and Conditions, or (c) any agreement or arrangement between either of You and any third party.

You will be obligated by this "Indemnification" Section even after the termination of your account.

20. Waiver and Amendments

No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

21. Severability

Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.

22. Relationship of Parties

Each party to this Agreement is an independent entity, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise.

Copyright © 2008 Permission Marketing Group, LLC. All Rights Reserved