Terms & Conditions

INTRODUCTION -Welcome to the Internet sites of Pocket Communications. Pocket Communications (referred to herein as "we," "us," or "our") includes pocket.com and other sites affiliated with Pocket Communications ("Pocket Communications Site(s)" or “Site(s)”). Pocket Communications is operated by Youghiogheny Communications-Texas, LLC and its parent, affiliates, and subsidiaries (collectively “Pocket Communications”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS POCKET COMMUNICATIONS SITE. By using the Pocket Communications Site, you signify your agreement to be bound to the terms of use in this agreement (“Agreement”) and all documents, policies and guidelines incorporated by reference. If you do not agree to these terms of use do not use the Pocket Communications Site. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Pocket Communications Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS – This site and all materials contained in any Pocket Communications Site are the copyrighted, trademarked or proprietary property of Youghiogheny Communications –Texas, LLC, or its parent, subsidiaries or affiliated companies or third party licensors. No material from any Pocket Communications Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with the express written consent of Pocket Communications. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from the Pocket Communications Site without our express written permission or the permission of our content providers. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof, except as expressly authorized. You may not modify, amend, reduce the size of or in any way obliterate any warning, notice, liability limitation, or other license provision in material or images on or from this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material or any third party without the express written permission of the applicable party. You are granted a limited, non-sublicensable right to access the Site and print materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
1. publish, publicly perform or display, or distribute to any third party any materials, including reproduction on any computer network or broadcast or publications media;
2. market, sell, or make commercial use of the Sites or any materials;
3. systematically collect and use any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
4. make derivative uses of the Sites or the materials;
5. or use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any of our patents, trademarks, copyrights, or proprietary rights or any of a third party. Any unauthorized use of the Site will terminate the permission or license granted by these terms and conditions and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. In the event you download software from any Pocket Communications Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

SUBMISSIONS - We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. You also grant to Pocket Communications the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION - "Forum" means a chat area, message board, or e-mail function offered as part of any Pocket Communications Site. If you participate in any Forum within a Pocket Communications Site, you must not: • defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any Pocket Communications Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Pocket Communications for all claims resulting from material you supply. We reserve the right to remove or edit content from any Forum at any time and for any reason. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials, including the rights of paternity and integrity, have been waived. You agree that you shall have no recourse against Pocket Communications for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to Pocket Communications, including the posting of materials to any forum or interactive area on the Sites. When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any actions or decisions made based on such information.

CONTENT LINKED TO ANY POCKET COMMUNICATIONS SITE - Please exercise discretion while browsing the Internet using any Pocket Communications Site. You should be aware that when you are on a Pocket Communications Site, you could be directed to other sites that are beyond our control. There are links to other sites from Pocket Communications pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Pocket Communications Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Pocket Communications Sites may send cookies to users that we do not control. We reserve the right to disable links from third party sites to any Pocket Communications Site. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a Pocket Communications Site. Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Pocket Communications strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

DISCLAIMER - THE MATERIALS IN THIS POCKET COMMUNICATIONS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY Pocket Communications SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Pocket Communications SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Pocket Communications SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Pocket Communications Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Pocket Communications Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.

INDEMNIFICATION - YOU HEREBY INDEMNIFY, DEFEND AND HOLD US AND OUR AFFILIATES AND OUR OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR CLAIMS ARISING FROM YOUR ACCOUNT. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY Pocket Communications SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY POCKET COMMUNICATIONS SITE.

JURISDICTIONAL ISSUES - Unless otherwise specified, the materials in any Pocket Communications Site are presented solely for the purpose of promoting products available in the United States and its territories, possessions, and protectorates. Pocket Communications is controlled and operated by Youghiogheny Communications – Texas, LLC, and its parent and affiliates from its U.S. offices in Texas. We make no representation that materials on any Pocket Communications Site are appropriate or available for use in any particular location. Those who choose to access a Pocket Communications Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States or foreign export controls. No software from this Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You are responsible for complying with all trade both to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

TERMINATION - These terms are effective until terminated by either party. You may terminate this Agreement at any time by discontinuing use of all Pocket Communications Sites and destroying all materials obtained from any and all such Sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to any and all Pocket Communications Sites may be terminated immediately without notice from us, if in our sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Pocket Communications Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. The provisions of paragraphs regarding copyrights, trademarks, submissions, export restrictions, disclaimers, limitation of liability, indemnification, applicable law, venue, termination, enforceability, admissibility, and severability shall survive any termination of this Agreement.

FORWARD-LOOKING STATEMENTS - The Sites, and any documents issued by us and available through the Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” and “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates, or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. We undertake no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

ENFORCEABILITY AND ADMISSIBILITY - This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

SEVERABILITY - If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforeceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

MISCELLANEOUS - Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct

CHOICE OF LAW; VENUE- These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state court at Bexar County, Texas or federal courts located in the district which includes Bexar County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT - We may give notice to our users by means of a general notice on any Pocket Communications Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first class mail to a user's address on our records. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement. Notification must be submitted to the following Designated Agent: Service Provider(s): Pocket Communications Agent Designated to Receive Notification of Claimed Infringement: webmaster@pocket.com To be effective, the notification must be a written communication that includes the following: A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has 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 information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.