WHAT INFORMATION DO WE COLLECT?
INFORMATION YOU PROVIDE TO US
• In order to use the App, you will need to download the App
and provide your telephone number. When you register to use the App, we collect
personally identifiable information about you (“Personal Information”), which
may include, but is not limited to, your telephone number. You may choose not
to provide your Personal Information; however, without providing your telephone
number the App may be unavailable.
• When you send a message (text, images, photographs, or any
other content) on our Service (“Messages”), the information contained in your
message will be stored on our servers.
• If you provide us feedback or contact us via e-mail, we
will collect your name and e-mail address, as well as any other content
including in the email, in order to send you a reply.
• We may also collect Personal Information at other points
on our Service that state that Personal Information is being collected.
INFORMATION COLLECTED VIA TECHNOLOGY
• Mobile Services. We may also collect non-personal
information from your mobile device if you have downloaded the App. Examples of information that may be collected
and used include how you use the App, how often you use the App, and
information about the type of device you use, such as your device ID or unique
identifier, and device type. In
addition, in the event the App crashes on your mobile device, we will receive
information about your mobile device model, software version and device
carrier, which allows us to identify and fix bugs and otherwise improve the
performance of our App. This information
is sent to us as aggregated information and is not traceable to any individual
and cannot be used to identify an individual.
• Log Files. When you visit our Site we may collect certain information automatically and store it in our log files. This information includes your IP address, browser type and language, time spent on particular pages, and referring/exit pages and clickstream data. We may use this information to analyze trends, administer the Site, track users’ movements around the Site and better tailor our Services to our users’ needs.
USE OF INFORMATION
In general, Personal Information you submit to us is either to login to the app on your phone or to respond to requests that you make, or to aid us in serving you better. We may use Personal Information in the following ways:
• Facilitate the creation of and secure your account on our network;
• Identify you as a user in our system;
• Provide improved administration of our App and Services;
• Provide the services you request;
• Improve the quality of experience when you interact with our App and services;
• To solicit feedback; and
• Send newsletters, surveys, offers, and other promotional materials related to our services and for other marketing purposes of Company.
We may create anonymous and/or de-identified information records from Personal Information by excluding information that makes the data personally identifiable to you. We use this anonymous and/or de-identified information to analyze request and usage patterns so that we may enhance the content of our Service and improve App navigation. We reserve the right to use anonymous and/or de-identified information for any purpose and disclose anonymous and/or de-identified information to third parties in our sole discretion.
DISCLOSURE OF INFORMATION
INFORMATION YOU SHARE
Our App enables users to send Messages to certain other end-users of the App or Service on an anonymous basis. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public. If you share information about others, we suggest you get consent for any information you share about them.
INFORMATION WE SHARE
We may disclose your Personal Information as described below
and as described elsewhere in this Policy.
• Third parties Designated by You. We may share or transfer your Personal Information as directed to do so by you.
• Third-party Service Providers. We may share Personal Information with third-party service providers: to provide you with the Service that we offer you through the App; to conduct quality assurance testing; to facilitate the creation of Accounts; to provide technical support; and/or to provide other services. These third-party service providers are required not to use your Personal Information other than to provide the services requested by Company.
YOUR CHOICES REGARDING YOUR INFORMATION
• Personal Information. You may opt-out of providing information to Company at any time by uninstalling the App using the standard uninstall processes available on your mobile device or via the applicable mobile application marketplace or store.
HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?
Company takes commercially reasonable steps to help protect your information against loss, misuse, and unauthorized access, or disclosure. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION.
CHANGES TO POLICY.
If you have any questions regarding privacy while using the App, or have questions about Company’s practices, please contact Company via email at email@example.com.
Last Updated: September 13, 2017
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By downloading and installing the App or using the Service, you acknowledge that you have read and understand these Terms and you agree to be bound by them. If not, you must not download or use the App or the Service and you are not permitted to use the App or the Service.
2. Licenses and Restrictions
a. License and Restrictions. Company grants to you a personal, revocable, limited, non-transferable, non-exclusive license to use the App (i) on any iPhone, iPad, or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar marketplace (each, an “App Store” and references to any App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. App Store’s “Usage Rules”) (the “Usage Rules”). This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute, or sublicense the App (either in whole or in part). We reserve the right to terminate any user and any account at any time for any reason, in our sole discretion.
b. Updates. You understand and agree that the App is constantly evolving. You acknowledge and agree that we may update the App with or without notifying you. Any future release, update, or other addition to functionality of the Service or App shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, or enhancements of the App or for the Service. Company may suspend or discontinue all or any part of the Service at any time without prior notice or liability. Any rights not expressly granted herein are reserved.
c. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service or App; (ii) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iii) you shall not access the Service or App in order to build a similar or competitive service or application; (iv) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; or (v) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. All copyright and other proprietary notices with respect to the App must be retained.
3. User Content
a. User Content. “User Content” means any and all information and content that a user uploads, distributes, or otherwise provides via the Service or the App (e.g., messages). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including, but not limited to, any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at any time and from time-to-time without notice to you. You are solely responsible for creating backup copies of your User Content, if you desire.
b. Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:
1. You agree not to use the App or Service to send, transmit, collect, upload, display, or distribute any User Content (i) that violates any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, bullying, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, (iv) would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, or (v) that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the App or the Service, or which may expose Company or other users to any harm or liability of any type.
2. Additionally, you agree not to use the App or Service to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding other users, including, but not limited to, e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App or Service or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the App or Service, other computer systems, or networks connected to or used together with the App or Service, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the App or Service; or (vi) introduce software or automated agents or scripts to the App or Service so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the App or Service
3. You acknowledge that any opinions, statements, recommendations, offers, advice, and other information presented or disseminated via the App and the Service are those of their respective authors who are solely responsible and liable for their content. We reserve the right, in our sole discretion, to refuse to post or remove any material submitted, posted or distributed via the App or the Service.
c. Enforcement. We reserve the right (but have no obligation) to review any User Content, including User Content which is reported to us as violating our Acceptable Use Policy, investigate, and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such actions may include, but are not limited to, removing or modifying your User Content, terminating your Account, and reporting you to law enforcement authorities. We are under no obligation to edit or modify any information available via the App or the Service or decide any dispute or disagreement between users and shall have no liability to you for any content uploaded to or distributed by any user via the App or the Service. We reserve the right, in our sole and absolute discretion, to deny anyone access to the App or Service, without notice.
d. Feedback. If you provide Company with any feedback or suggestions regarding the App or Service (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. No Archive. This App is not and shall not function as an archive. Company shall have no liability to you or any other person for loss, damage, or destruction to your information, including, but not limited to, any content submitted by you to the App or the Service. You shall be solely responsible for maintaining independent archival and backup copies of your User Content and any other of your information.
5. Ownership Rights. As between you and Company, the App, including, but not limited to, any design, layout, logo, text, code, and graphics contained within the App (the “Company Content”) is, and shall remain, the sole property of Company and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Company.
6. Termination.Company may cancel, suspend, or block your use of the Service without notice if there has been a violation of these Terms. In addition, Company may terminate your use of the App and Service for any reason whatsoever at any time in Company’s sole discretion. Your right to use the Service will end after Company has taken any of the foregoing actions, and any data you have stored on the Service, including, but not limited to, any User Content may be unavailable later, unless Company is required to retain it by law. You may delete the App and discontinue the Service at any time. Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination. Company may suspend or discontinue all or any part of the Service at any time without prior notice or liability to you or any other user of the Service. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor Company will survive the expiration or termination of these Terms for any reason.
7. Messaging Disclaimer. (a) The App provides users with the ability to send and receive messages to businesses. While there is no fee to download or use the App, STANDARD DATA FEES, TEXT MESSAGING RATES AND OTHER CHARGES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE CARRIER. As mobile access and message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. (b) If you send a message to a business which is registered to use Feedback Now, the business will generally receive the message on the Feedback Now for Business app if they have downloaded the app or they can access the message using their computer. (c) If you send a message to a business which is not registered to use Feedback Now, we will take efforts we deem reasonable, in our sole discretion, to deliver the message to that business. There can be no guarantee that we will deliver or be able to deliver such message to the business indicated. (d) There can be no guarantee, and we make no warranty or guaranty, that the Services will work as intended, that messages will be transmitted as intended, or that any messages will be delivered.
8. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, the SERVICE, AND ANY COMPANY content, ARE PROVIDED “AS IS,” “Where is,” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND company HEREBY DISclAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, the SERVICE, AND ANY company content, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, title, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. company DOES NOT WARRANT THAT THE APP, the SERVICE, AND ANY company content or user content, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP or the service WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP or the service WILL BE CORRECTED, or that the app or the service will be available. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY company OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INclUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, the SERVICE, AND ANY COMPANY content, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall COMPANY’S total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ONE HUNDRED dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Arbitration; Applicable Law
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
a. Except for a claim by Company against you, any and all disputes between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App and the Service.
b. YOU AGREE THAT BY AGREEING TO THESE TERMS AND ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and Company must abide by the following rules: (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000,the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, New York. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Manhattan, New York. Claims of infringement or misappropriation of Company’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York, New York.
d. The laws of the State of New York, excluding its conflicts of law rules that would result in the laws of a State other than New York, govern this license and your use of the App and the Service.
11. Application Store Additional Terms and Conditions.The following additional terms and conditions apply to you if you are using an App from the App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section apply, but solely with respect to Apps from the App Store.
a. Acknowledgement. Company and you acknowledge that these Terms are concluded between Company and you only, and not with App Store, and Company, not the App Store, is solely responsible for the App and the content thereof. To the extent these Terms are less restrictive than the Usage Rules set forth in the App Store, or otherwise are in conflict with, the App Store Usage Rules, the more restrictive or conflicting App Store terms shall apply, as applicable.
b. Scope of License. The license granted to you for App is limited to a non-transferable license to use the App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
c. Maintenance and Support. Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. Company and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
d. Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
e. Product Claims. Company and you acknowledge that Company, not the App Store is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to you beyond what is permitted by applicable law.
f. Intellectual Property Rights. Company and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Developer Name and Address. Company contact information for any end-user questions, complaints, or claims with respect to the App is set forth below.
i. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App.
j. Third Party Beneficiary. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
12. Contact Us. Company’s contact information for any end-user questions, complaints or claims with respect to App is firstname.lastname@example.org. Please report any content which violates our Acceptable Use Policy to email@example.com.
13. Indemnification. You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions, or willful misconduct by you, (b) your use of the App or the Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist in our defense of such matter.
14. Equitable Remedies. You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
15. Digital Millennium Copyright Act. Company is committed to respecting and protecting the legal rights of copyright owners. As such, Company adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe infringements upon your intellectual property rights is taking place on or through the App or the Service, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Company’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
· A physical or electronic signature of a 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, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
· Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have 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; and
· A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Company’s Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases, and other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Company to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this section.
16. Change to these Terms. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of these Terms available within the App. We will also update the "Last Updated" date at the bottom of these Terms. Any changes to the Terms will be effective immediately for new users of the App and/ or Service and will be effective thirty (30) calendar days after posting notice of such changes on the App for existing users. If you do not agree to any change(s), you should stop using the App and/or the Service. Otherwise, your continued use of the App and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APP TO VIEW THE THEN-CURRENT TERMS.
17. Miscellaneous. Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: September 13, 2017
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. By registering a business in our web portal, you represent that you have the legal authority and authorization to act on behalf of that organization. In such case, “you” and “your” will refer to that organization.
You agree to use the Services in accordance with these Terms and will use them only for lawful purposes.
1. Fees for Services. The Services are free. However, we reserve the right to charge a fee for the Services or any part of the Services in the future or to charge for any features added to the Services.
2. Confidentiality. We will treat your messages as confidential information and only use and disclose them in accordance with these Terms. However, your messages are not regarded as confidential information if such messages are or becomes public (other than through breach of these Terms by us). By using the Services, you grant us approval to use the name of your organization and to indicate that your organization uses the Services, in our marketing programs, materials and promotions.
3. The Company’s IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services. The trademarks, service marks, and logos of the Company used and displayed on or in the Services are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company’s Trademarks, the “Trademarks”). Nothing on the website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Company’s Trademarks inures to our benefit.
4. NO WARRANTIES/LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY PROBLEMS OR MALFUNCTIONS WITH THE SERVICES, OR FOR DELAYS, ERRORS IN DELIVERY OF DATA OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Indemnification. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement and/or your use of the Services.
6. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
7. Your Responsibilities. You must comply with the following requirements when using the Services:
(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that we impose on your account.
(c) Unless authorized by us in writing, you may not probe, scan, or test the vulnerability of any part of our Services or network.
(d) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(e) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
8. Termination by the Company. We may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services, or for any reason whatsoever. We have no obligation to retain your content or messages upon termination of the applicable Service.
We have no obligation to continue to provide the Services, and may discontinue to provide the Services to you or to any other entity or user at any time and for any reason whatsoever.
9. Changes to Terms. We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to the Services, to account for new Services or functionality, or to add or modify fees for the Services or for any parts or all parts of the Services. Any changes will be posted to the location at which these Terms appear. Changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the Terms, you should stop using the Services, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10. Changes to Services. We constantly change and improve the Services. We may add, alter, or remove functionality from the Services at any time without prior notice. We may also limit, suspend, or discontinue the Services in their entirety or any feature thereof at our discretion. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
11. Images. Images displayed by the Company on its website or otherwise may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by us, we hereby grant to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use or promotion of the Services.
12. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to our servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means.
You are responsible for registering only for a business or account for which you have the legal authority or authorization to do so. You will not register for a businesses for which you do not have such authority or authorization. You acknowledge that a violation of the foregoing may constitute fraudulent behavior and may make you liable for civil damages and/or criminal prosecution. You acknowledge that in any such case, we may take appropriate legal action, including without limitation, referral to law enforcement.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all such content, and that the Company is not the author or publisher of any content. The Company simply acts as a passive conduit for you to send and receive information of your own choosing.
We prohibit the use of the Services by any person or entity that encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same). In our sole discretion, we may determine whether your use is prohibited and our determination shall be final, binding and conclusive for all purposes under this Agreement. We will terminate your use of the Services if we determine such prohibited content or use is in violation of this Agreement. Any information stored on our servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by us without notice.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the Services.
The Company does not represent or endorse the accuracy or reliability of any opinion, advice or statement made through the Services, assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others, assume any liability for any material distributed through the Services by you or others which is distributed in violation of any third party’s copyright or other intellectual property right, assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others including, as applicable, but not limited to, the Telecommunications Act, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules, as may be amended from time to time, (see URL: http://www.crtc.gc.ca/eng/trules-reglest.htm) (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA), the Telephone Consumer Protection Act of 1991, FTC regulations, and the Can-Spam Act.
The Company reserves the right at all times to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right but are not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint. We reserve the right to take any other action with respect to the Services that we deem necessary or appropriate, in our sole discretion, if we believe you or your information may create liability for us or others, compromise or disrupt the Services for you or other customers, or for any other reason.
13. Geographic Restrictions. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Ownership. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by the Company and/or its licensors and service providers except where expressly stated otherwise.
15. Governing Law. The Terms contained in this agreement are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware; and (ii) that the Services shall be deemed passive and do not give rise to personal jurisdiction over the Company either specific or general, in jurisdictions other than Delaware. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Arbitration. At the Company's sole discretion, it may require you to submit any disputes arising from these Terms or the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association in the State of Delaware.
17. No Waiver. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these shall not constitute a waiver of such right or provision.
Last updated : September 13, 2017