ALON SMS TERMS OF USE


Pocketstop Standard Rate Programs
Last Updated: December 2011

Hello, and welcome to the Alon Mobile Service (“the Service”), owned and operated by ALON USA, LP. (” the Company”). The Company reserves the right to change these Terms of Use without notice. The most current version of these terms of use will be accessible through www.myalon.com/footer-navigation/terms-of-use/

By texting in and receiving a promotion through, using or signing up for the Service, including receiving promotions through our partners, you are agreeing to sign up for the Service (an autodialing service), these Terms of Use and to receiving promotions from our partners on your mobile phone, email, or other means. In addition to signing up and agreeing via your cell phone, you may also sign up and agree to these terms through our website or through one of our applications. By default, up to 6 text messages will be sent to you per month.

Program Description
This is a standard rate service providing offers and monthly alerts subscriptions (max 6msgs/month) focused on each program. This is a local campaign that will be advertised through traditional means and promoted through website, email and in-store signage. End users will opt-in by texting one of the following Keywords (alerts subscription), 6 messages per month, to short code 444222.  Terms and Conditions can be found, http://myalon.com/footer-navigation/sms-terms-of-use/ Message and Data Rates may apply. Users of the service must be at least 13 years of age and must present verification of age upon request.

Text ALON to 444222 to join the Alon USA mobile club

Text ALLSUPS to 444222 to join the Alon/Allsup’s mobile club

Text 7211VIP to 444222 to join the Alon/7-2-11 mobile club

Text UNCLES to 444222 to join the Alon/Uncles mobile club

Text WesTgo to 444222 to join the WesTgo/Chillerz mobile club

Text Chillerz to 444222 to join the WesTgo/Chillerz mobile club

Fees
The Company does not charge you to participate in this Service. However, standard messaging charges may apply from your wireless carrier. Data charges may also apply if you click on links / URLs embedded in text messages.  Please consult your wireless carrier for applicable text messaging fees and data plan rates. Under no circumstances will the Company be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.

Privacy
The Company respects and protects your privacy. Please see our Privacy Policy for more information http://myalon.com/footer-navigation/privacy-policy/

Limitations on Use
You must be at least 13 years old to register for and use the Service.

Supported Carriers
The following list of carriers is supported by Company’s Service: AT&T, Verizon, T-Mobile, Sprint, Nextel, ALLTEL, US Cellular, Boost, Dobson, and Virgin USA.

Support Issues, Canceling or Unsubscribing
To opt out from our text message service, send a text message with the word “STOP”, “END”, “QUIT”, “CANCEL” or “UNSUBSCRIBE” to 444222. Alternatively, you can send an email to support@pocketstop.com with your mobile phone number as the subject line. For help or other support issues, you can also send an email to support@pocketstop.com or call the following number: 214-368-4170

Ownership; Trademarks; Modifications to Offers
You agree that the Company or its partners will own all legal right, title and interest in and to the Services and any offers made through the Services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the Service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which max be affixed to the Services or offers made through the Services. Except as may be expressly authorized by a partner, you agree that you will not use any trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.

Third Party Offers
The Service provides offers from third party partners. These offers can be redeemed through the participating partner. The Company is not responsible for the content and redemption policies of these offers. Please contact the appropriate partner if you have any questions concerning the offer, its presentation, or its redemption terms.

Termination
The Company reserves the right, at our sole discretion, to terminate your subscription at any time without notice without future obligation.

Disclaimer of Warranties
The Company makes no warranties, express or implied regarding the Service. The Service is provided “as is” and on an “as available” basis, and THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of the Company including without limitation, the speed of the mobile carrier networks and the Internet, may affect the performance of the service. The Company is not responsible for any acts that are beyond the control of the Company including without limitation the acts of third parties.

Limitation of Liability
Under no circumstances will the Company its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the Service, including without limitation any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Company will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will the Company be liable for any damages or liability arising under these terms of use or your use of the service that exceed US $500.

Indemnity
You agree to indemnify and hold the Company harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue
This agreement and its validity, construction and performance will be governed in all respects by the laws, state and federal courts of Texas, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.