Effective Date: July, 1st, 2017
If you are registering for an account on behalf of a business or another entity you represent and warrant that (i) you are duly authorized to accept these Terms on such entity’s behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into these Terms and perform its obligations hereunder.
The Service. The service provides a platform that allows customers and businesses to interact and send messages to each other (the “Service”). In order to access the Service, you must be a registered user.
Claiming Your Business. In order to access the full suite of business tools offered through the Service, you must ‘claim your business’. You can claim your business by searching for your business using our search tool on the Website or the App, and providing us with the phone verification code of your business.Once we have verified your request to claim your business using the phone verification code, you may complete the business account registration process and invite employees who will have access to the account as administrative users and will be able to manage content and communicate with customers.
Content. All information, contact lists, data, messages, photos, or other materials, uploaded to and/or transmitted using the Service (“User Content”), are the sole responsibility of such viewers or users. This means that the viewer or user, and not MessageUs are entirely responsible for all such materials transmitted using the Service. MessageUs does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will MessageUs be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials emailed, transmitted or otherwise made available via the Service.
Spam. By registering to use the Service, you represent and warrant that you will not use the Service to transmit any commercial electronic messages unless you have obtained the necessary consents from the recipients. It is your sole responsibility to ensure that you comply with all applicable laws and regulations regarding commercial electronic messages, including without limitation Canada’s Anti-Spam Legislation and the United States CAN-SPAM Act. We reserve the right to monitor your account and/or investigate any complaints that you are using the Service to send commercial electronic messages in violation of any applicable laws and/or regulations, and to suspend and/or terminate your access to the Service if in our sole discretion we determine that you have used the Service to send commercial electronic messages without complying with the applicable laws and/or regulations.
License of Content. By submitting User Content to the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, distribute and otherwise exploit such User Content as required to provide you with the Service. MessageUs will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
Proprietary Rights. Except for User Content, the Website, the App and the information and materials contained therein, are the property of MessageUs and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the MessageUs names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, the App or the Service. Any future release, update, or other addition to functionality of the Website, the App or the Service shall be subject to the terms of these Terms.
Feedback. If you provide MessageUs with any suggestions, comments or other feedback relating to any aspect of the Website, the App and/or Service ("Feedback"), MessageUs may use such Feedback in the Website, the App, the Service or in any other MessageUs products or services (collectively, "MessageUs Offerings"). Accordingly, you agree that: (a) MessageUs is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to MessageUs, (c) MessageUs (including all of its successors and assigns and any successors and assigns of any of the MessageUs Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MessageUs Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from MessageUs or any of the other users of the Website in respect of the Feedback.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.THE WEBSITE, THE APP AND THE SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." MessageUs SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM USING ANY SUCH MATERIAL. MessageUs WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, THE APP AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, THIRD PARTY DATA CHARGES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MessageUs BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, THE APP OR THE SERVICE, (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (IV) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (V) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE, OR (VII) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, THE APP OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF MessageUs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MessageUs’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Availability & Updates. MessageUs may alter, suspend, or discontinue this Website, the App and the Service at any time and for any reason or no reason, without notice. The Website, the App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MessageUs may periodically add or update the information and materials on this Website, the App or the Service without notice.
Security. Information sent or received over the Internet is generally unsecure and MessageUs cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MessageUs will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at: firstname.lastname@example.org
Effective Date: July, 1st, 2017