Terms of Service
These Terms of Service define the terms by which you may use the website (the “Website”) and our service (the “Service”), and are an agreement between you and Bulletin.net, Inc. (“Company”), a Florida corporation having a principal place of business at 1990 Main Street, Ste. 750, Sarasota, FL 34236 (“Company”, “Website,” and “Service” are collectively referenced as “we” or “us”). By using this Website or Service, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website and/or Service, if you do not agree to our Terms of Service.
In addition, when you use our Service, you may also be subject to additional terms and conditions imposed by telecommunication carriers and other third parties, which may be communicated to you from time to time. These additional terms and conditions are deemed included in these terms and conditions. You may request a copy of any such additional terms and conditions from Bulletin.net Inc at any time.
This Agreement applies to all visitors, registered users, subscribers, and others who access the Website or Service.
1. Our Service
Our Company provides text messaging services to companies, small businesses, and individual business users . You may access and use our Service through your corporate exchange server or intranet, through our proprietary software service Bulletin Messenger, through your personal computer via an application programming interface (“API”) that we make available to you, or through your browser.
You do not have to register in order to visit our Website. In order to access and use our Service, however, you will need to register and create an account.
If you register as a user, you will also be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.Bulletin.net. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us about the breach of security to your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 2.
Your registration information and any information about sub-users must be accurate, correct and complete (the “Registration Data”). It is your responsibility to maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Furthermore, if we determine in our sole and absolute discretion that you have committed fraud or any other illegal activity, we may report you to the appropriate law enforcement authorities.
3. Subscription to Service
If you subscribe to use our Service, the following terms will apply to your subscription:
- Authorized Subscribers. Only adults, who are at least eighteen (18) years of age are eligible to subscribe to use our Service. In addition, to use the Service, you must be fully competent to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By subscribing to and using our Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth herein. If you acting on behalf of a business, you represent and warrant that you are an authorized representative of that business duly authorized to subscribe and access these Services and to legally bind the business to these Terms of Service.
- Access and Use of our Service. As a subscriber to our Service, you will be granted for the period of your subscription a limited, non-exclusive, non-transferable, revocable right to (i) access and use the Service and any software underlying our Service in accordance with these Terms of Service and (ii) use any documentation solely in connection with your use of the Service. You and any third party acting on your behalf are expressly prohibited from copying, creating derivatives works of, distributing, selling, disclosing, lending, transferring, conveying, modifying, decompiling, disassembling, or reverse engineering any underlying software comprising the Service for any purpose whatsoever. For the avoidance of doubt, you may not allow any unauthorized third party to access the Service.
- Download and Use of APIs. As a subscriber, you will have the right to download, install, use, and display certain APIs that we may make available to subscribers, which will be made available to you in accordance with the applicable End User License Agreement (“EULA”). You and any third party acting on your behalf agree to comply with the applicable EULA and agree to refrain from copying, creating derivatives works of, distributing, selling, disclosing, lending, transferring, conveying, modifying, decompiling, disassembling, or reverse engineering such APIs.
- Text Messages. We agree that you or your licensors will retain all right, title, and interest in the text messages or content that you send through our Service. To the extent permitted by applicable law, you grant to us and any third party carrier (the “Carrier”) (i) a non-exclusive license to send, intercept, and read the text messages and use your messages and content as necessary to perform the Service contemplated herein, (ii) a perpetual, non-exclusive license to store all text messages and content on the back-end of our servers and to create archived back-up copies, and (iii) provide the text messages and content as required by any governmental body or court order, or as required to defend our rights in a legal dispute or as may be legally compelled by a third party. You expressly warrant that you own all right, title, and interest in all content in your text messages or in the alternative, that you have procured a valid license from the copyright owner of the text message content, which authorizes you to grant sublicenses to display, store, and back-up your text message content as set forth herein. You are solely responsible for ensuring that all text message content that you upload is appropriate; legal and not in violation of any federal, state, or local law or ordinance; is not obscene or pornographic; does not defame any third party; is not threatening or harassing; does not invade anyone’s privacy; is not infringing; and is not otherwise objectionable. We reserve the right in our sole and absolute discretion to monitor any text or other content that you send through our Service in order to ensure that they conform to our usage guidelines, policies (including but not limited to our Acceptable Use Policy), these Terms of Service, and our agreement with the applicable Carrier.
- Volume Restrictions. You acknowledge and agree that we may limit the volume of messages that you are able to send. We will make commercially reasonable efforts to notify you in advance of imposing any such limitations on your account. All new accounts will have an initial message limit of fifty (50) messages per day, which can be increased upon request.
- Fees and Payment.
- Trial. If you subscribe to a free trial to use and evaluate our Service, you will receive ten (10) free messages. Upon exhaustion of your ten (10) free messages, we will start charging you for the Services. You agree and acknowledge that we have no obligation to notify you that your free trial has ended.
- Standard Subscriptions. We provide access to our Service on a prepaid basis, where you purchase a fixed dollar amount of services (”the Bundle”) and bill to that Bundle as you send messages until your funds are depleted. Our standard user Bundle options are provided on our Website at http://www.bulletin.net/pricing.html. All standard subscription payments are due and payable by PayPal.
- Corporate Subscriptions. For corporate subscribers, we make available upon request large Bundles at competitive rates. All corporate subscriptions are invoiced on the 1st of every month and are due twenty(20) days following the invoice date.
- Other Support Services. We reserve the right to charge for support services not include in our standard support. No charges will be incurred without your prior authorization. The cost of any such services will be communicated to you on a case by case basis.
- Invoiced Subscribers. Subscribers paying by invoice will be charged an initial set-up fee at our then-current rates upon the commencement of the invoiced subscription. In the event that the balance of any invoice goes unpaid for sixty (60) days past the date of the invoice, then we reserve the right to immediately suspend your subscription for nonpayment and to refer the unpaid balance to our collection agency. In any such case, you will be charged a reconnection fee in the amount of One Hundred Twenty Five Dollars ($125) to reconnect your Service.
- Price Adjustments. You agree and acknowledge that we are dependent on various third party telecommunication providers for the delivery of our messages and we may be required to adjust our prices at any time in the event that one or more of our providers adjust their prices for any reason.
- Other Terms. All pricing is in U.S. Dollars or local currencies where
applicable. We may offer and provide bonuses or credits with a Bundle, and in any such case:
- You agree and acknowledge that messages will first draw from the prepaid funds, and the bonus or credited funds will only be utilized once the prepaid balance has been fully depleted.
- No monetary value is assigned to the bonus or credited funds.
- If for any reason you receive a rebate on any prepaid amount, you agree and acknowledge that (1) only the deposited funds will be rebated, (2) bonus or credit funds will be removed or reduced in direct relation to the amount of funds rebated, and (3) any messages used by you up to the point of rebate will be deducted from the prepaid funds before the bonus or credit funds are depleted.
- Prepaid credit expires after 6 months on inactive accounts. You need to top-up at least once every 6 months to keep your prepaid account available to you.
- Cancellation. You may cancel your subscription at any time upon at least thirty (30) days prior written notice. You should email any cancellation to us at [email protected] . We also have the right to cancel your subscription immediately upon notice in the event that you violate any term or condition of these Terms of Service. No refunds on the unused portion of any Bundle, bonus or support package will provided following any cancellation or termination of our Services.
- Downtime and Service Suspensions. You acknowledge and agree that your access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of all or any portion of the Service for any reason, including as a result of power outages, system failures, or other interruptions. In addition, you agree that we may, without any liability to you, suspend access to all or any portion of the Service at any time, on a Service-wide basis in any of the following cases: (i) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (ii) in the event of a denial of service attack, other attack on the Service, or any other event that we determine, in our sole discretion, may create a risk to the applicable Service to you or to any of our other subscribers if the Service were not suspended; or (iii) in the event that we determine that any Service is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. You agree to solely assume all risk of loss, damage, or liability that you suffer as a result of any service suspension. To the extent that we are able to do so, we will make commercially reasonable efforts to provide you advance notice of any service suspension, but you agree to solely assume all risk of loss, damage, or liability from any failure by us to provide such notice.
- Emergency Services. You acknowledge and agree that you may not currently access any 911 or similar emergency services through this Service. Our Service is not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.
- Electronic Communications. You agree and acknowledge that we are entitled, but are not obligated, to review or retain your electronic communications in order to confirm your compliance with these Terms of Service, to ensure the security of the Service, and for quality assurance purposes. You agree and acknowledge that we may disclose electronic communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to (a) comply any subpoena or law enforcement demand; (b) enforce these Terms of Service; (c) respond to any claims that electronic communications violate the rights of third parties; or (d) to protect the rights, property, or personal safety of the Company, its users, or others. You agree to provide us with your (or any user’s) permanent country location, mobile phone number, and email information in order to accept our electronic communications.
- Subscriber Responsibilities. You agree and acknowledge that you will be responsible for the following:
- Transmission of Messages and other Content. You acknowledge and agree that your messages and other content are transmitted in real time and that we have no visibility or control over individual messages or their content. You are solely responsible and liable for all messages and content that you send, including any loss, damage, or liability arising from any transmission, including but not limited to billing or payment issues or other mistakes that you transmit.
- Maintaining Confidentiality and Security of Access Numbers, Passwords and Account Numbers. You are solely responsible for maintaining the confidentiality and security of your (a) access number(s), password(s) and account number(s), and (b) all electronic communications, including account registration and other account holder information, e-mail, financial, and other data (collectively "Electronic Communications") entered through or under the access user name(s), password(s) or account number(s). In addition, you are solely responsible for immediately notifying us if you become aware of any loss, theft, or unauthorized use of your account access user name(s), password(s), and/or account number(s). Any Electronic Communications sent under your user access number(s), password(s), or account number(s) will be deemed to have been sent or authorized by you. In the event that the security of your access numbers, passwords, or account numbers is compromised at any time, you should immediately contact us in order to have the compromised access numbers(s), passwords(s), and/or account number(s) changed, in order to prevent malicious use of your account.
- Furnishing Hardware and Other Equipment. You will be solely responsible for furnishing any and all hardware and other equipment necessary for connectivity to the World Wide Web or a Carrier’s short message service network.
- Reliance on Services. You are solely responsible for any and all acts or omissions taken or made in reliance on our Service. You acknowledge and agree that any transfer of messages or data is subject to the possibility of human and machine errors, omissions, and losses, including inadvertent loss of data that may give rise to loss or damage.
- Standard of Conduct; Compliance with our Acceptable Use Policy. You agree to conduct yourself in your use of our Service (A) in manner that will not result in liability to us or to the Carrier, (B) in a manner that will not disparage or damage the reputation of us or the Carrier, and (c) in good faith at all times. You further agree to ensure that your recipients conduct themselves in a substantially similar manner. In addition, you agree to comply at all times with the terms of our Acceptable Use Policy set forth in Section 4 below.
- Compliance with Applicable Laws and Industry Standards or Codes. You agree to comply with and ensure that the Service is used in compliance with all applicable state, federal, and international laws, including but not limited to the Telephone Consumer Protection Act and industry standards or codes (including advertising codes).
- Other Terms and Conditions. If you have a dedicated telephone number, the following will apply:
- Peer-to-Peer.Any message that you send must be used exclusively as peer-to-peer, meaning that (a) your message must go to another SMS service subscriber, and (b) your message must have been initiated due to human interaction and not by an automated or timed message.
- Numbers Provided on “As Available Basis”.Telephone numbers will be provided on an as available basis and may become unavailable for continued use at any time.
- Numbers Provided for Country of Residence.To receive a number in a particular country, you must reside in such country.
- Restrictions on Use.You agree and acknowledge that we may apply restrictions on your use of the Service at any time, including but not limited to the number of text messages that may be transmitted in a period of time and the geographic and carrier reach available from that phone number. You are solely responsible for visiting our Website regularly to get updates on any restrictions and limitations of use; provided that, however, we will make commercially reasonable efforts to communicate any such limitations or restrictions to you as they are implemented.
- Fair Use Basis.You agree and acknowledge that we provide mobile originated messages, meaning messages initiated on a mobile phone to us, on a “Fair Use Basis.” “Fair Use” means that the number of mobile originated messages should generally be substantially similar to the number of messages sent by you from our specific Service.
- Support Services.You should submit any support service requests online or by email. Unless otherwise agreed to, all support services are provided via email. We will make commercially reasonable efforts to promptly respond to all standard support requests.
- Other Services.For the avoidance of doubt, you will not have access to any services using your telephone number other than those that we specifically agreed to provide to your pursuant to these Terms of Service.
4. Acceptable Use Policy.
Our Website and Service should only be used for lawful purposes. We specifically prohibit any other use of the Website or Service, including but not limited to the following:
- Spamming or Unsolicited Advertising. Using the Service to send chain letters, junk email, junk messages, spamming or any unsolicited messages (commercial or otherwise);
- Harvesting Personal Information. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Impersonation or Misrepresentation. Creating a false identity or forged email or mobile phone address or header, or misrepresenting or otherwise attempting to mislead others as to the identity of the sender or the origin of the message;
- Objectionable Communications. Transmitting through the Service, associating with the Service, or publishing using the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Sending Infringing Texts. Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or rights of publicity;
- Violating the Rights of Third Parties. Sending material that libels, defames or slanders any person, or infringes upon any person's privacy rights;
- Transmitting Viruses. Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Tampering with the Carriers’ networks. Interfering with or disrupting networks connected to the Service or violating the regulations, policies or procedures of such networks;
- Mining Data from the Service. Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- Tampering with the Service. Interfering with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
- Engaging in Objectionable Activities. Engaging in any other activity that we believe, in our sole and absolute discretion, could subject the Company to criminal or civil liability.
You agree and acknowledge that you have read and understand the Acceptable Use Policy, and that you agree to abide by its terms, as applicable. We reserve the right (but do not have the obligation) to immediately suspend or cancel the account of any user who does not appropriately use the Website or Service as set forth in this Acceptable Use Policy. If you become aware of any inappropriate use, please notify us at our email address at [email protected] We also reserve the right to investigate violations of the Acceptable Use Policy and provide requested information to third parties who have notified us that they have been harmed by your failure to abide by the Acceptable Use Policy. Any failure by us to enforce this policy in each and every instance in which it may be applicable shall not constitute a waiver of our rights hereunder.
5. Intellectual Property.
We or our licensors shall retain all right, title, and interest in the marks, logos, software, APIs, other code, databases, content, text, designs, photos, and other materials posted to our Website, utilized or made available in conjunction with our Service, or which are displayed on any social media pages or feeds set up on behalf of our Company or our Website (“Intellectual Property”). Except as otherwise expressly stated herein, you may only display or view the Intellectual Property posted to the Website and made available through the Service, and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose the Intellectual Property without the express written consent of us or our licensors as appropriate. Using the Intellectual Property on any other Website for any commercial purpose is expressly prohibited.
6. Copyright Infringement Complaints.
We respect the intellectual property rights of others. If you believe that content on our Website violates your copyright(s), you should send a notice under the Digital Millennium Copyright Act (“DMCA”) to us at the following email address: [email protected] . In order for us to process your claim, please provide the following information:
- Identification of the Copyrighted Work. The name of the owner of the copyrighted work and a signature of the person authorized to act on behalf of the copyright interest, which is alleged to be infringed;
- Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
- Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
- Contact Information. Your address, telephone number, and email address; and
- Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
7. Feedback; Idea Submissions.
We are pleased to hear from you and welcome your feedback
about the Website and our Service. If you provide any feedback to us, you agree that all such feedback will not
be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the
feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Service at
our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Services, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
8. Security; Backups.
We have implemented commercially reasonable security measures to protect your data and data transmissions, including but not limited to data encryption, data security protocols, and passwords; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures. Your use of this Service is at your sole and absolute risk. You are solely responsible for maintaining back-ups and archiving your historical messaging activity and other content.
9. Subscriber Warranty.
You warrant and represent that (a) you will not use the Website or Service in a manner that violates the Acceptable Use Policy; (b) the information you provided in connection with your registration for access to the Website and Services is accurate and complete; (c) if you are a business, you are duly authorized to do business in the jurisdiction where you operate; and (d) you will be responsible for the payment of any charges incurred through the use of this Service.
10. Company Warranties; Disclaimers.
Company warrants and represents that it will perform the Services in a workmanlike manner in accordance with these Terms of Service and with generally accepted industry standards. You agree and acknowledge that your use of our Website and our Service is at your sole risk. You are solely responsible for any and all acts or omissions take or made in reliance on the Service. You acknowledge that transferring data is subject to the possibility of human and machine errors, omission, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. WE DISCLAIM AND ALL LIABILITY FOR ERRORS, LOSSES, OR DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. The Service is provided on an “as is” and “as available” basis. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, COMPANY 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 NONINFRINGEMENT. COMPANY ALSO EXPRESSLY STATES THE FOLLOWING:
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT OUR SERVICE WILL MEET YOUR NEEDS AND REQUIREMENTS OR WILL BE FIT FOR THE PURPOSE YOU SUBSCRIBED TO IT.
- WE EXPRESSLY DISCLAIM ANY LIABILITIES ARISING FROM ANY LOSS OR DAMAGE ARISING FROM LOST, UNDELIVERED, OR DELETED MESSAGES OR CONTENT, OR ANY BUSINESS DECISION MADE BY YOU OR ANY THIRD PARTY AS A RESULT OF MESSAGES OR CONTENT RECEIVED OR NOT RECEIVED THROUGH THE SERVICE.
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY MESSAGES OR CONTENT SENT THROUGH THIS SERVICE OR DATA OF ANY NATURE WILL NOT BE DELETED OR LOST DUE TO ANY SUCH TECHNICAL ISSUES. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR LOST REVENUES THAT MAY ARISE FROM ANY DELETED, DELAYED, LOST, OR OTHERWISE UNDELIVERED COMMUNICATIONS.
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED,
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT YOU OR ANY OTHER SUBSCRIBER WILL BE KNOWLEDGEABLE OF AND/OR COMPLY WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE TELEPHONE CONSUMER PROTECTION ACT.
- WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT YOU OR OTHER USERS WILL NOT RECEIVE COMMUNICATIONS FROM INTERNET E-MAIL USERS OR SERVICE USERS THAT ARE IN VIOLATION OF LOCAL APPLICABLE LAWS RELATING TO WIRELESS COMMUNICATIONS AND TELECOMMUNICATION SERVICES.
- You acknowledge and agree that access to and communications between you and other third parties will be provided over various Carrier lines, with respect to which the maintenance and service delivery is beyond are control. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR THE INTEGRITY, DELIVERY, FUNCTIONALITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY CARRIER LINES, AND ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY MESSAGE ATTRIBUTABLE TO THE CARRIER LINE. YOU SOLELY ASSUME ALL RISK OF LOSS AND LIABILITY FOR USING THE CARRIER LINES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY THIRD PARTY CARRIERS AND TELECOMMUNICATION PROVIDERS.
- WE DISCLAIM ANY AND ALL LIABILITY FOR ACTS OR OMISSIONS OF ANY THIRD PARTY WHICH RESULT IN THE DISCLOSURE OF MESSAGES TO THIRD PARTIES; SYSTEM DOWNTIME; LOSS OF MESSAGES OR DATA; THE HACKING AND THEFT OF LOGIN CREDENTIALS; A SECURITY BREACH ALLOWING UNAUTHORIZED ACCESS TO OUR PLATFORM AND SERVICES; OR ANY ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS, DESTRUCTION OF ANY MESSAGES OR DATA, OR ANY OTHER MATTER.
- WE DISCLAIM ALL LIABILITY FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS OF GOD OR OTHER EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO EARTHQUAKES, TORNADOS, HURRICANES, FIRES, LIGHTENING STRIKES, TERRORISM, STRIKES, BLACKOUTS, RIOTS, CIVIL COMMONTION, ACTS OF WAR, EPIDEMIC, GOVERNMENT REGULATIONS IMPOSED AFTER THE COMMENCEMENT OF YOUR SERVICES, NETWORK OUTAGES, POWER FAILURES, AND OTHER EVENTS AND DISASTERS BEYOND OUR CONTROL. WE FURTHER DISCLAIM ANY LIABILITY FOR ACTS, TIME, AND MATERIALS NECESSARY TO REPAIR, DIAGNOSE, CONSULT, OR REBUILD HARDWARE AND/OR SOFTWARE OR OTHER FILES THAT MAY HAVE BEEN DAMAGED DUE TO AN ACT OF GOD OR OTHER EVENTS BEYOND OUR REASONABLE CONTROL.
- You agree and acknowledge that our Service is not intended for urgent emergency communications. WE DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS OR INJURY WHICH RESULTS FROM ANY FAILURE TO TRANSMIT AN EMERGENCY COMMUNICATION THROUGH OUR SERVICE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR SUPPORTING OR CARRYING EMERGENCY COMMUNICATIONS TO ANY EMERGENCY SERVICES. FOR THE PURPOSE OF THIS SECTION, “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR e911 SERVICES. WE DISCLAIM ANY AND ALL LIABILITY ARISING FROM YOUR INABILITY TO USE OUR SERVICE TO CONTACT EMERGENCY SERVICES.
FOR THE AVOIDANCE OF DOUBT, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some jurisdictions do not allow for the disclaimer of certain warranties. Accordingly, some or all of the above disclaimers may not apply to you and you may have additional rights.
11. Limitation of Liability; Consequential Damages.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOST BUSINESS, LOST CONTRACTS, LOST REVENUES, LOST GOODWILL, LOSS OF USE, LOST DATA, INCREASED COSTS OR EXPENSES, ECONOMIC LOSS, OR OTHER LOSSES OR INJURIES IN CONTRACT OR TORT, MISREPRESENTATION, OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THE (i) SERVICE, (ii) THESE TERMS OF SERVICE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR ANY MESSAGES; (v) YOUR SENDING UNSOLICITED MESSAGES TO THIRD PARTIES IN VIOLATION OF ANY APPLICABLE STATE, FEDERAL, OR INTERNATIONAL LAW, INCLUDING BUT NOT LIMITED TO THE TELEPHONE CONSUMER PROTECTION ACT; OR (vi) YOUR INABILITY TO USE OUR SERVICE TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES. Our aggregate liability under these Terms of Service shall be limited to the amount actually paid by you to us during the twelve (12) month period immediately preceding the events from which arose your claim. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
12. Joint and Several Liability.
If “you” represent an entity or more than one user, the obligations of all users under this Terms of Service are joint and several. If liability of one or more users arises out of an obligation in which a joint and several obligation is discharged, whether by release, accord, satisfaction, or otherwise, the other users shall continue to remain jointly and severally liable on that obligation.
You agree to indemnify, defend, and hold us, or affiliates, licensors, and business partners and each of our and their respective employees, officers, directors, and representatives harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys fees) arising out of or in connection with any claim arising our of (a) your use of the Service or the Intellectual Property in a manner not authorized by the Terms of Services, the Acceptable Use Policy, or applicable law, including but not limited to the Telephone Consumer Protection Act; (b) the content of your messages, including but not limited to any claim involving infringement or misappropriation of third party rights; (c) your violation of any of the Terms of Service or any additional policies incorporated into the Terms of Service, including but not limited to your representations and warranties; or (d) your negligence or willful misconduct. We agree to promptly notify you of any claim subject to indemnification; provided that, however, any failure to promptly notify you will not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim as you deem appropriate; provided that, however, you shall not enter into any settlement without our written consent, and we may, at any time, elect to take over control of the defense and settlement of the claim.
We reserve the right to discontinue this Website and our Services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. Neither you nor any user may assign or attempt to assign these Terms of Service to any third party. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining sections shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us and any other users which you represent with respect to the subject matter set forth herein, and supersede any other prior agreements, discussions, or representations, whether oral or written, relating to the subject matter of these Terms of Service. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
15. Governing Law; Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida , without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association and held in Sarasota, Florida by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs to cover in full the expenses incurred by us in addressing the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
16. Contact Us
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Service, please notify us at the following email address: [email protected] .
17. Effective Date
These Terms of Service were last modified on the 15th of November, 2012.