Privacy Policy

The markUmobile, LLC. Privacy Policy describes how we treat personal information when you use a markUmobile, LLC. service, including information provided to markUmobile. In addition, the following describes our practices that are specific to markUmobile’ SMS service.

Information that we collect and how we use it

When you send a message to markUmobile, LLC., we log an encrypted version of the incoming phone number and the date and time of the transaction. We use this data to analyze the message request and future requests in order to improve the end user experience. markUmobile, LLC. will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your permission. By requesting information from markUmobile, LLC., you are agreeing (opting in) to receive SMS messages, specific to the SMS service, from markUmobile, LLC. in the future unless you opt-out. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.

markUmobile Anti-Spam Policy

markUmobile, LLC subscribes to an Anti-Spam policy for all its communication protocols. This means that we do not condone unsolicited messages, notifications, alerts or any message that you may receive from someone who should not have your address or mobile number.

If you have received an unsolicited message, which you would like to report to markUmobile, please send us an email at

The following two options are available:

• Inform MarkUmobile of the incident, but keep your number unblocked, or
• Inform MarkUmobile of the incident and have your number blocked so as to not be able to receive any messages sent via MarkUmobile or its clients.

Please include you mobile number, the date and time you received it and the contents of the message (if possible) when completing the email.

Terms of Service

1. ACCEPTANCE OF TERMS

This service is provided by MarkuMobile, Inc ("MarkuMobile"). ("We" or "MarkuMobile") to you ("you" or

"user" or "subscriber"), subject to the terms of this agreement ("Agreement"), and the

rules that may be published from time to time by MarkuMobile. MarkuMobile currently offers services

to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the

privacy policy, and (ii) any guidelines posted on the MarkuMobile network of sites. MarkuMobile

reserves the right to change the nature of this relationship at any time without notice to

you. You may review the most current version of this Agreement at:

http://www.MarkuMobile.com/termsandconds.pdf. In addition, when using particular services of MarkuMobile, you shall be subject to any posted guidelines or rules applicable to such services,

which may be posted by MarkuMobile from time to time. All such guidelines or rules are hereby

incorporated by reference into this Agreement. Users who violate the terms of this

Agreement will have their MarkuMobile account ("Account") canceled and they may

permanently be banned from using MarkuMobile.

2. DESCRIPTION OF SERVICE

MarkuMobile is a marketing and sales system that empowers Real Estate Agents to send property

information by way of text messaging (the "Service"). You agree that the Service may

include certain communications from MarkuMobile, such as service announcements and

administrative messages, and that these communications are considered part of MarkuMobile

membership and you may not be able to opt out of receiving them. Unless explicitly

stated otherwise, any new features that augment or enhance the current Service, shall be

subject to the TOS. You understand and agree that the Service is provided "AS-IS" and

that MarkuMobile assumes no responsibility for the timeliness, deletion, mis-delivery or

failure to store any user communications or personalization settings. You are responsible

for obtaining access to the Service and that access may involve third party fees (such as

Internet service provider or airtime charges). You are responsible for those fees,

including those fees associated with the display or delivery of advertisements. In

addition, you must provide and are responsible for all equipment necessary to access the

Service.

3. BILLING AND PAYMENT TERMS

All fees are paid monthly via credit card unless otherwise established and approved by an

officer of the company. An invoice will be sent to you each time your credit card is

charged. By using this service, you agree to allow MarkuMobile to charge your credit card

for fees incurred.

The service is billed based on the level of service you selected at the time of your order.

Upon cancellation of the Service, you agree to remove all advertisements for the service from your signage.

You will receive a monthly bundle of messaging based on the level of service you purchased. If your service usage exceeds that monthly messaging bundle, message fees are charged to you at the rate of $0.10 per message sent by the system.

These charges will be summarized and billed to you on a monthly basis which will show

up on your monthly invoice. Consumers using the system are subject to standard

messaging fees which are the responsibility of the consumer to pay.

4. MARKUMOBILE PRIVACY POLICY

MarkuMobile requires certain information to provide its service, such as credit card numbers,cell phone numbers and billing addresses. MarkuMobile will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, MarkuMobile collects the phone numbers of prospective buyers that access information via text message (SMS). The phone numbers collected by your leased codes will never be shared with other users of the system nor will they be distributed outside the system, unless required by law. The phone numbers collected by your codes will not be released to you unless the consumer "requests" a "showing" or a "call from agent".

5. ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account upon completing the registration process. You

are responsible for maintaining the confidentiality of the password and account, and are

fully responsible for all activities that occur under your password or account. You agree

to (a) immediately notify MarkuMobile of any unauthorized use of your password or account

or any other breach of security, and (b) ensure that you exit from your account at the end

of each session. MarkuMobile cannot and will not be liable for any loss or damage arising

from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful,

harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,

invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way; upload, post, email, transmit or otherwise make available any

Content that you do not have a right to make available under any law or under contractual

or fiduciary relationships (such as inside information, proprietary and confidential

information learned or disclosed as part of employment relationships or under

nondisclosure agreements); upload, post, email, transmit or otherwise make available any

Content that infringes any patent, trademark, trade secret, copyright or other proprietary

rights ("Rights") of any party; upload, post, email, transmit or otherwise make available

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; 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; intentionally or

unintentionally violate any applicable local, state, national or international law, including,

but not limited to, regulations promulgated by the U.S. Securities and Exchange

Commission, any rules of any national or other securities exchange, including, without

limitation, the New York Stock Exchange, the American Stock Exchange or the

NASDAQ, and any regulations having the force of law.

You acknowledge that MarkuMobile may or may not pre-screen Content, but that MarkuMobile

and its designees shall have the right (but not the obligation) in their sole discretion to

pre-screen, refuse, or move any Content that is available via the Service. Without limiting

the foregoing, MarkuMobile and its designees shall have the right to remove any Content that

violates the TOS or is otherwise objectionable. You agree that you must evaluate, and

bear all risks associated with, the use of any Content, including any reliance on the

accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that MarkuMobile may access, preserve, and disclose

your account information and Content if required to do so by law or in a good faith belief

legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the

rights of third-parties; (d) respond to your requests for customer service; or (e) protect the

rights, property, or personal safety of MarkuMobile, its users and the public.

You understand that the technical processing and transmission of the Service, including

your Content, may involve (a) transmissions over various networks; and (b) changes to

conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include

security components that permit digital materials to be protected, and use of these

materials is subject to usage rules set by MarkuMobile and/or content providers who provide

content to the Service. You may not attempt to override or circumvent any of the usage

rules embedded into the Service. Any unauthorized reproduction, publication, further

distribution or public exhibition of the materials provided on the Service, in whole or in

part, is strictly prohibited.

7. INDEMNITY

You agree to indemnify and hold MarkuMobile, and its subsidiaries, affiliates, officers,

agents, co-branders or other partners, and employees, harmless from any claim or

demand, including reasonable attorneys' fees, made by any third party due to or arising

out of Content you submit, post, transmit or make available through the Service, your use

of the Service, your connection to the Service, your violation of the TOS, or your

violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any

commercial purposes, any portion of the Service, use of the Service, or access to the

Service unless approved by an officer of the company.

9. MODIFICATIONS TO SERVICE

MarkuMobile reserves the right at any time and from time to time to modify or discontinue,

temporarily or permanently, the Service (or any part thereof) with or without notice. You

agree that MarkuMobile shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Service.

10. TERMINATION

You agree that MarkuMobile may, under certain circumstances and without prior notice,

immediately terminate your MarkuMobile account and access to the Service. Cause for such

termination shall include, but not be limited to, (a) breaches or violations of the TOS or

other incorporated agreements or guidelines, (b) requests by law enforcement or other

government agencies, (c) a request by you (self-initiated account deletions), (d)

discontinuance or material modification to the Service (or any part thereof), (e)

unexpected technical or security issues or problems, (f) you have engaged in fraudulent

or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with

the Services. Termination of your MarkuMobile account includes (a) removal of access to all

offerings within the Service (b) deletion of your password and all related information,

text associated to codes, activity reports and content associated with or inside your

account (or any part thereof), and (c) barring further use of the Service. Further, you

agree that all terminations for cause shall be made in MarkuMobile's sole discretion and that

MarkuMobile shall not be liable to you or any third-party for any termination of your account

or access to the Service.

11. MARKUMOBILE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in

connection with the Service ("Software") contain proprietary and confidential

information that is protected by applicable intellectual property and other laws. Except as

expressly authorized by MarkuMobile, you agree not to modify, rent, lease, loan, sell,

distribute or create derivative works based on the Service or the Software, in whole or in

part.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS

PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKUMOBILE

EXPRESSLY DISCLAIMS 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.

MARKUMOBILE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET

YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,

TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE

OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR

RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED

BY YOU FROM MARKUMOBILE OR THROUGH OR FROM THE SERVICE SHALL

CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES

WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A

COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS

MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN

USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,

OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT

YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY

DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF

YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE

SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS

OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR

CONVULSIONS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKUMOBILE SHALL NOT

BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT

LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR

OTHER INTANGIBLE LOSSES (EVEN IF MARKUMOBILE HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR

THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF

SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,

INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES

RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE

SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR

TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE

SERVICE.

14. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF

THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO

YOU.

15. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no

third party beneficiaries to this Agreement.

16. NOTICE

MarkuMobile may provide you with notices, including those regarding changes to the TOS,

by either email, regular mail, or postings on the Service.

17. TRADEMARK AND PATENT INFORMATION

The MarkuMobile logo, MarkuMobile Yard Sign, Sign Rider and image, Powered by MarkuMobile and

SIGNS THAT CELL, trademarks and service marks and other MarkuMobile logos and

product and service names are registered US Federal Trademarks of MarkuMobile, Inc.

MarkuMobile grants you permission to use the MarkuMobile marks on advertising brochures,

sign riders, website advertisements. Uses not associated with the intended use of the

product without the prior approval of MarkuMobile and its officers will result in an

immediate cancellation of service. Upon cancellation of service you agree to remove all

references to CellSings from any and all materials and advertisements.

Any attempt to copy, steal or infringe on Patent Rights, Trademarks or Service Marks

owned by MarkuMobile Inc. will constitute a violation of US Federal Patent and Trademark law

and will be subject to prosecution in federal district court.

18. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and MarkuMobile

and governs your use of the Service, superseding any prior agreements between you and

MarkuMobile with respect to the Service.

Choice of Law and Forum. The TOS and the relationship between you and MarkuMobile

shall be governed by the laws of the State of Pennsylvania without regard to its conflict

of law provisions. You and MarkuMobile agree to submit to the personal and exclusive

jurisdiction of the courts located within the county of Chester, Pennsylvania.

Waiver and Severability of Terms. The failure of MarkuMobile to exercise or enforce any

right or provision of the TOS shall not constitute a waiver of such right or provision. If

any provision of the TOS is found by a court of competent jurisdiction to be invalid, the

parties nevertheless agree that the court should endeavor to give effect to the parties'

intentions as reflected in the provision, and the other provisions of the TOS remain in full

force and effect.

No Right of Survivorship and Non-Transferability. You agree that your MarkuMobile

account is non-transferable and any rights to your MarkuMobile or contents within your

account terminate upon your death. Upon receipt of a copy of a death certificate, your

account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any

claim or cause of action arising out of or related to use of the Service or the TOS must be

filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual

effect.

19. VIOLATIONS

Please report any violations to This e-mail address is being protected from spambots. You need JavaScript enabled to view it