Geopepper Proximity Marketing Service  ("GPMS") allows users (“You”) to get keyword-related alerts such as event communications and marketing by text messaging a provisioned keyword to the GPMS short code ("Short Code").  GPMS is owned and operated by Alcatel-Lucent, a Delaware Corporation, with offices located at 600 Mountain Ave, Murray Hill, New Jersey 07974 ("We" or "Us").   

You can opt-in to GPMS by texting a provisioned keyword (e.g., DEVILS) to PEPPR (73777).   By opting-in or otherwise accessing GPMS, you  agree to the terms and conditions set forth below.   If You do not agree with these terms and conditions, You may not access or otherwise use GPMS.  Violation of any of these Terms of Use  will result in the termination of your access to GPMS.

GPMS, including its software, content, graphic elements and interfaces, software code, mobile handset application ( collectively "Materials") are protected by various United States and international copyright and patent laws and conventions, and shall at all times remain the property of Alcatel-Lucent and its third-party licensors.  Likewise, all trademarks, service marks and trade names in or displayed on GPMS are the property of Alcatel-Lucent or its licensors.  Except as expressly authorized by Us, You agree not to sell, license, distribute, copy, modify, transmit, publish, edit, adapt, create modified works from, or otherwise make unauthorized use of the Materials.

GPMS is not available to persons under the age of 18 or to any Users suspended or removed from GPMS by Us. You agree that the information You provide via GPMS upon registration and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. For example, You should notify Us if your mobile device number changes. In addition, You are responsible for ensuring compliance with your wireless provider's terms and conditions, and You agree to indemnify Us for any loss or damage that We may suffer as a result of any breach of this requirement or these Terms of Use by You.  GPMS is hosted in the U.S. Your data will reside in the U.S. and be subject to U.S. law.

• You must be 18 years of age or older and otherwise capable of forming legally binding contracts under applicable law, in order to use GPMS.  You agree that your use of GPMS will in no way be harmful to minors.
• You agree not to use GPMS for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control. For example, many jurisdictions prohibit the use if cellular telephones while operating a motor vehicle. You will be responsible for and assume all liability for any injury, damage or loss caused by your failure to comply with all such laws, rules and regulations, and with the provisions of these Terms of Use.
• You agree not to post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights of any party.  Any violations should be reported to Us using our support email address or customer support phone number. While We will make every effort to respond appropriately to all reports, We do not guarantee that We will be able to do so.
• You agree not to use GPMS for any commercial or non-private use. We reserve the right to remove any commercial content from GPMS.
• You may not impersonate any other GPMS User, person or entity, try to gain access to data held under any account other than your own, nor falsely state or otherwise misrepresent your affiliation with a person or entity.  You agree not to sell or transfer or allow another person to access your account password, profile, or GPMS account.  You accept responsibility for any and all activities that occur under your account name.
• GPMS prohibits some types of conduct and certain content, as set forth in these Terms of Use.  You understand and agree that We cannot be and are not responsible for the content published with GPMS and You nonetheless may be exposed to Content that you deem objectionable.
• You agree not to use GPMS or any location information displayed within GPMS to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others.
• You recognize that GPMS is in Beta, and is not available commercially.  Accordingly, your use of GPMS is at your own risk.
• You agree not to remove, circumvent, disable, damage or otherwise interfere with security-related features of GPMS, features that prevent or restrict use or copying of any content accessible through GPMS, or features that enforce limitations on use of GPMS. You agree not to attempt to gain unauthorized access to GPMS, or any part of it, other accounts, computer systems or networks connected to GPMS, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of GPMS or any activities conducted on GPMS.  You further agree not to interfere with or damage operation of GPMS or any User's enjoyment of them, or modify GPMS in any manner or form, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You agree not to use any robot, spider, scraper or other automated means to access GPMS for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to GPMS.  
• You agree not to use GPMS in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or GPMS could lead directly to death, personal injury, or severe physical or property damage.

Most features of GPMS are provided free-of-charge imposed by Alcatel-Lucent. However, You may incur charges from your mobile network provider.  Such network charges may include (but are not limited to) text messaging, multimedia messaging, and data network access charges. It is Your responsibility to be aware of the fees assessed by Your mobile network and to pay for these charges.

• YOU UNDERSTAND AND AGREE THAT GPMS IS PROVIDED SOLELY AS A BETA SERVICE AND IS OFFERED "AS IS" AND THAT ALCATEL-LUCENT AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE COMPLETENESS, RELIABILITY, EFFECTIVENESS, ACCURACY, PERFORMANCE, OR OPERATION OF GPMS, OR AS TO ITS SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.


• You agree that your sole remedy of loss or damage caused by any defect or failure in GPMS, regardless of the form of action, will be Alcatel-Lucent’s commercially reasonable efforts to fix the problem or affected portion. Neither Alcatel-Lucent nor its directors, employees, affiliates, contractors, suppliers, affiliates or agents will be liable for any general, special, direct, incidental or consequential damages (including loss of profits, revenues, savings or data) sustained or incurred in connection with Your use of (or inability to use) GPMS (including loss of data or data being rendered inaccurate, or a failure of GPMS to operate with any other programs), even if Alcatel-Lucent has been made aware of the possibility of such damages.


• To the maximum extent permitted by applicable law, and notwithstanding any other agreements you or your affiliates may have entered into with Alcatel-Lucent, you hereby release, and waive all claims against Alcatel-Lucent and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of GPMS.


• If you are a California resident, you waive your rights under California Civil Code 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.


• We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which You are bound.

If You have questions or suggestions please contact us at:

GPMS Help Desk
2A-311
600 Mountain Ave
Murray Hill, New Jersey, 07974
help@geopepper.com