TERMS
OF SERVICE 
WELCOME TO FANTASY SPORTS ALERTS! In this Service Agreement
("Agreement"), "you" and "your" refer to the customer ("Customer") and its
agents and "we", "us" and "our" refer collectively to Reddito, LLC, dba Fantasy
Sports Alerts, doing business as Fantasy Sports Alerts ("Company"). This
Agreement explains our obligations to you, and your obligations to us in
relation to the Service (as defined below).
 By
completing the registration process on our website located at
www.FantasySportsAlerts.com or www.fsalerts.com or any successor website
thereto ("Website")you (I) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE
AGREEMENT AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS
AGREEMENT. USERS UNDER 18 YEARS OF AGE REQUIRE PARENTAL PERMISSION.
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1.
Description of Service
 Company
provides text messaging information via the, short message service (SMS),
multimedia messaging service (MMS), wireless application protocol (WAP), BREW
and other means of mobile content delivery to certain compatible mobile devices
(the "Service"). You acknowledge and agree that the Service is for your
personal use on the mobile device designated. You agree that you may not
transmit, broadcast, upload to any computer or mobile device, create derivative
works of, make commercial use of the Service, attempt to (or otherwise
authorize, encourage or support others attempts to) circumvent, re-engineer,
decrypt, break or otherwise alter or interfere with the Service, including, but
not limited to, any text alert messages.
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2.
Registration, Access to Service, Fees and Cancellation 
(a)
Access to the Service. In order to use the Service, you must have a
mobile communications subscription with a participating carrier or otherwise
have access to a mobile communications network for which Company makes the
Service available as well as any carrier services necessary for text messaging
content, and pay any service fees associated with any such access. In addition,
you must provide all equipment and software necessary to connect to the
Service, including, but not limited to, a mobile hand set or other mobile
access device that is in working order and suitable for use in connection with
the Service. If changes in your equipment are necessary, you must effect these
changes at your own expense. Unless explicitly stated otherwise, any new or
additional features that enhance the current Service, including the release of
new products and services, shall be subject to the terms and conditions of this
Agreement. 
(b)
Service Plans and Fees: The individual service fees are identified
in each product on the registration page. The text alert information you
receive is based on the information which is available for the respective plan
you select for that respective time period.. The week is defined as Sunday
through Saturday. If you sign up on Sunday, Day 1, you will receive Day 1 -7
free. The next Sunday (Day 8), you will be billed according to the service plan
and method of payment you select. If you sign up Monday through Saturday,
Sunday will still be Day 1, and the next Sunday will be considered Day 8, in
which you will be billed according to the service plan and method of payment
you select.
Each product clearly states the maximum number of messages you will receive
during a given billing period. Depending on the product and your specific
team/player results, you will receive a different number of messages each
billing time period. If your text alert updates do not meet or exceed the
maximum number of messages for the given time period, messages are not rolled
over into the next billing period, there are no “carry forward” text message
credits. If there are no text messages, due the service plan you select, for a
given week, you are still responsible for the payment for that billing time
period.
Depending on the method of payment you select, you agree to pay your mobile
device operator the weekly fee for the Service(s) you select in accordance with
the fees in effect at the time of your registration. Unless otherwise
indicated, the charges shall be invoiced to you on your mobile operator's bill
or credit card depending on the payment option you select.
If you elect to pay your mobile device operator, you will be billed on Sunday
mornings. The amount billed will be in accordance to the service plan(s) you
select. On each Sunday, during the season, you will be sent a Premium Rate text
message stating “FSAlerts.com; Get ready 4 kickoff! Your subscription 2
WklyTeamStandings (or specified product) has been renewed.” To stop the
service, you can send a text message with the word “Stop” to 21691 or send an
email, which is fully explained below.
If you elect to pay by credit card, your credit card will be billed $19.96 in
advance every four (4) weeks. If you cancel prior to any service or midway in
the month, Company will refund a prorated amount. There is no renewal message
sent to those who are paying by credit card.
All fees are subject to change upon notice from Company. Company will provide
you with reasonable notice, via email or SMS, of such change. If you do not
accept the new fees (which will be applicable on a prospective basis only), you
will have 14 days from the date of such notice to cancel your subscription plan
and/or your account effective at the end of the calendar month. All fees are
due immediately and are non-refundable, except as otherwise expressly noted.
(c) Registration Data. If you register for the Service on our
Website, you agree to: (i) provide true, accurate and complete information
about yourself as prompted by the registration form ("Registration Data") and
(ii) maintain and promptly update the Registration Data to keep it accurate,
current and complete. If Company has reasonable grounds to suspect that the
Registration Data is inaccurate or incomplete, Company has the right to suspend
or terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). You acknowledge and agree that we may rely on
the Registration Data to send you important information and notices regarding
your account and our Services. You acknowledge and agree that we shall have no
liability associated with or arising from your failure to maintain accurate
Registration Data, including, but not limited to, your failure to receive
critical information about the Service or your account. You further agree that
we (ourselves or through third party service providers) are authorized to
verify such registration data. You may notify Company at www.fsalerts.com of
any change in your email preferences, or if you do not want to be provided any
information regarding other services or products by the Company. 
(d) Username and Password. If you opt to
register for the Service on the Company website, you may be required to
establish an account and obtain a username and password. You authorize us to
process any and all account transactions initiated through the use of your
username and password. You are solely responsible for maintaining the
confidentiality of your username and password and must immediately notify us
via email or phone of any unauthorized use of your username and password. You
acknowledge and agree that you are responsible for any unauthorized activities,
charges and/or liabilities made through the use of your username and password.
In no event will the Company be liable for the unauthorized use or misuse of
your username and/or password. Company may need to change usernames allocated
to certain of its Services and reserves the right to do so (you will be
informed if this is necessary). Company will keep all information confidential.  
(e) License. You
acknowledge and agree that the text messages made available as part of the
Service are owned by Company and its affiliates, as applicable, and are
protected by intellectual property laws. Company hereby grants, and you hereby
accept, a limited, non-exclusive, non-transferable, revocable license to the
text message content on a designated compatible mobile device solely for your
own personal non-commercial use. You further acknowledge and agree that you may
not reproduce, modify, perform, transfer, distribute, sell, create derivative
works of or otherwise use or make available the content except as expressly
provided in this Agreement. 
(f) Interruptions or
Discontinuation of Service. Company reserves the right at any time
and from time to time to modify, suspend, discontinue or permanently cancel the
Service, or portions thereof, with or without notice to you. If the Service, or
any part thereof, for which you subscribe is permanently discontinued or
canceled by Company we will cancel your subscription and reimburse any pre-paid
fees related to such Service, except for termination made in accordance with
Section 8 of this Agreement. Company is not liable for any interruptions in
your service whether through the mobile phone carrier or any other equipment or
software problems causing delays in the network(s) used to transmit the text
message alerts. Company will use its best efforts so that the text messages are
received in a timely fashion, but Company is not liable for any delays due to
technical difficulties, forces of nature, or for any matters outside the
Company's control. From time to time, there may be other technical delays
associated with the text messages, and the Company is not responsible for these
delays.
(h) Termination and Cancellation: To cancel
your subscription plan, send a text message with the text "STOP" to our short
code number 21691, or such other number as may be designated on our Website (
www.fsalerts.com ). Go to "My plans" under "My Fantasy Sports Alerts!"
and edit the user profile or send an e-mail with the subject “Stop my
subscription” with your mobile phone number in the body of the email to
info@fsAlerts.com. Company will complete that week of delivery, unless the
notice of cancellation is sent on Sunday before any alerts are delivered, in
which case, cancellation will be immediate. Once you cancel the service, you
will have re-register to begin the service again. If you are charged weekly,
your subscription will end at the end of that week. If you paid by credit card,
Company will refund the amount not used within seven (7) days.
You agree that Company, at its sole discretion,
may at any time terminate your use of the Service or individual services
provided via the Service and/or change its content offering made available
through the Service, if you remain in breach of this agreement for more than 7
days from notice, which is sent by email, of such breach. Company may cancel
all or any of the Services (or individual services provided via the Services)
or if Company believes that you have violated or acted inconsistently with this
Agreement. You agree that upon termination of your access to the Service under
any provision of this Agreement, Company may immediately deactivate or delete
your account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
Company shall not be liable to you or any third party for any termination of
your access to the Service. If you cancel your account or subscription for any
reason, Company will not refund any of your fees paid to date, except as
expressly provided in this Agreement.
(i) Third Party Products
and Services. We may make available or provide access to products
and services offered by company or independent third parties via email, text
messages, links to websites or other methods. Such products or services shall
be purchased and/or obtained directly from such third party. You acknowledge
and agree that Company shall not be a party to, or in any way responsible for,
any transaction concerning products or services made available from such third
parties or for any content or information presented in connection with any
products or services of third parties..
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3. Indemnification 
You agree to release, indemnify, defend and hold harmless Company, its parent
company, subsidiaries, affiliates, officers, directors, shareholders,
contractors, agents, employees, licensors and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys' fees, made
by any third party due to or arising out of or in connection with (a) your use
of the Service, and (b) the breach by you of your representations and
warranties set forth herein.
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4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES 
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO ANY SMS TEXT MESSAGES, IS PROVIDED SOLEY AT YOUR OWN RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF
DATA THAT MAY RESULT FROM YOUR USE, OR RECEIPT OF SMS TEXT MESSAGES. YOU AGREE
THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS
OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL
HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION,
SUSPENCION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT
COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD
PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE
SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT
IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF
THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED,
COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING
ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE
EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
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5. Intellectual Property Rights 
Except as otherwise set forth herein, all right, title and interest in and to
any intellectual property, proprietary rights or other rights related to
intangible property which are used, developed, comprising, embodied in, or
practiced in connection with any of the Service ("Company Intellectual Property
Rights") are owned by Company or its affiliates, and you agree to make no claim
of interest in or ownership of any such Company Intellectual Property Rights.
You acknowledge that no title to the Company Intellectual Property Rights is
transferred to you, and that you do not obtain any rights, express or implied,
in the Service, other than the rights expressly granted in this Agreement.
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6. Miscellaneous Provisions
(a) Notices and
Announcements. Except as expressly provided otherwise herein, all
notices to Company shall be in writing and delivered via overnight courier or
certified mail, return receipt requested to: 
Mobile Asset Group, INC.
Fantasy Sports Alerts
3221 Ocean Front Walk
San Diego , CA 92109 
Company shall serve notices related to this
contract by posting them on the Website (www.fantasysportsalerts.com) or by
sending them to the postal address or e-mail address you have given to Company
or as a text message to your mobile telephone number associated with your
account. Notices sent by mail shall be deemed received seven days after they
were sent. Notices posted on the Website or sent by e-mail or as a text message
shall be deemed received on the weekday following the day when they were posted
or sent. If you have any questions regarding customer service please contact
customer service at
help@fantasysportsalerts.com. 
(b) Severability.
You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, in whole or in part, that term
or provision will not affect the remainder of this Agreement; this Agreement
will be deemed amended to the extent necessary to make this Agreement
enforceable, valid and, to the maximum extent possible consistent with
applicable law, consistent with the original intentions of the parties; and the
remaining terms and provisions will remain in full force and effect. 
(c) Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive
agreement between you and us regarding the Service and supersede all prior
agreements and understandings, whether written or oral, or whether established
by custom, practice, policy or precedent, with respect to the subject matter of
this Agreement. 
(d) Assignment and
Resale. Except as otherwise set forth herein, your rights under this
Agreement are not assignable or transferable. You agree not to resell the
Service or any portion thereof. 
(e) Governing Law.
This Agreement and any disputes hereunder shall be governed in all respects by
and construed in accordance with the laws of the State of California ,
excluding its conflict of laws rules. You and Company each agree to submit to
exclusive subject matter jurisdiction, personal jurisdiction and venue of the
San Diego County Superior Court for the State of California , for any disputes
between us under or arising out of this Agreement. The parties hereby waive any
right to jury trial with respect to any action brought in connection with this
Agreement. 
(f) Waiver. No
waiver of any provision of this Agreement shall be effective unless it is in
writing and signed by an authorized representative of Company. The remedies of
Company under this Agreement shall be cumulative and not alternative, and the
election of one remedy for a breach shall not preclude pursuit of other
remedies. The failure of a party, at any time or from time to time, to require
performance of any obligations of the other party hereunder shall not affect
its right to enforce any provision of this Agreement at a subsequent time, and
the waiver of any rights arising out of any breach shall not be construed as a
waiver of any rights arising out of any prior or subsequent breach.
(g) Headings.
The section headings appearing in this Agreement are inserted only as a matter
of convenience and in no way define, limit, construe or describe the scope or
extent of such section or in any way affect such section.
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