Updated: January 13, 2013
Effective: January 21, 2013
Welcome to Telerivet.com, the website and online service of Telerivet, Inc., a United States Company ("Telerivet," "we," "us," or "our"). This page explains the terms by which you may use Telerivet's online and/or mobile services, features, applications, website, and software provided on or in connection with the service (collectively the "Service"). The Service allows authorized users to easily build and deploy custom SMS systems.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may use the Service only if you can form a binding contract with Telerivet, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Telerivet.
References in these Terms to "we", "us" or "our" shall mean Telerivet; references to "User" shall mean anyone who visits, uses, or otherwise accesses the Service, including you; references to "End-user" shall mean any member of the public who sends or receives an SMS, MMS, phone call, or email via Telerivet; and references to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms, all of whom shall also be bound by these Terms.
1.1 Authorized Access. You may not access the Service or any functionality provided through the Service if you have not been provided with a User identification and password by Telerivet or another entity authorized to grant access to the Service.
1.2 Separate Agreements. If you are an employee of an entity that provides access to the Service through a separate agreement with us, you agree to comply with all relevant policies and procedures of your employer with regard to the access and use of the Service as well as our agreement with such entity.
1.3 Use of Third-Party Information and Services. You understand that the Service provides you with the ability to build communication systems that may relay third-party information or interface with third-party services (collectively, "Third-Party Information and Services") and that you are solely responsible for your use of any such Third-Party Information and Services and any such information that you intentionally or unintentionally communicate to others. You agree and covenant to obtain all rights from owners of Third-Party Information and Services necessary for you to use such Third-Party Information and Services.
1.4 Applicable Laws. You agree to comply with all applicable laws, rules, and regulations of the United States of America in connection with your use of the Service and the handling and use of any information accessed or utilized by you via the Service. If you are located outside of the United States of America, you also agree to comply with any and all such laws, rules, and regulations of the country, state or territory in which you are located.
1.5 Telerivet access to User information. You acknowledge, consent and agree that we may access, preserve and disclose your account information, including records regarding your use of the Service and records of content submitted or accessed by you, if requested to do so by the entity that provided your User identification or if we have a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to any claim that any content violates third-party rights; (iv) respond to User requests for customer service; or (v) protect the rights, property or personal safety of Telerivet, its Users and the public.
1.6 Modifications to Terms. We reserve the right to modify these Terms at any time without notice to you. When we change the Terms in a material manner, we will update the "Updated" date and "Effective" date at the top of this page. We may provide you additional forms of notice of modifications or updates as deemed appropriate in our sole discretion. You agree that such modifications are effective and binding upon you immediately upon your use of the Service following the Effective date of the modified version.
1.7 Prohibited Activities. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to Telerivet's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except by using Telerivet's application programming interface (API); (iii) interfering with the proper working of the Service; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (x) using any method to intercept or expropriate any system data or information from the Service without the express written permission of Telerivet.
2. License Grant
Subject to the terms and conditions set forth in these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Telerivet reserves all rights not expressly granted herein in the Service and the Telerivet Content (as defined below). We may terminate this license at any time for any reason or no reason. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, lease, timesharing or other similar use of the Service, making any derivative work of the Service or any portion thereof.
Telerivet reserves all rights not expressly granted herein in the Service and the Telerivet Content (as defined below). Telerivet may terminate this license at any time for any reason or no reason.
3. Restrictions on Use of the Service
You agree to not use the Service to:
3.1 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3.2 harm minors in any way;
3.3 link, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law, or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or confidential medical information);
3.4 link, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party without such party's authorization;
3.5 link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
3.6 link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.7 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3.8 intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
4. User Provided Information
4.1 Definition; Ownership. Telerivet permits the uploading and transmission of content and information through the Service ("User Provided Information"), and the hosting, transmission, sharing, display and/or analysis of such User Provided Information. User Provided Information may include, for example, contact information and text messages transmitted through your User account.
Users may use their account settings to control other Users' access to their User Provided Information ("User Permissions"). Generally, User Provided Information transmitted through the Service is only available to those with whom you choose to share such User Provided Information. Telerivet will use its commercially reasonable efforts to apply User Permissions. However, Telerivet does not guarantee that User Permissions will always be applied, or that your User Provided Information will be kept secure from viewing by others, or from damage or loss.
Telerivet takes no responsibility and assumes no liability for any User Provided Information that you, any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Provided Information that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility.
If you want Telerivet to remove your User Provided Information from the Service, please delete it as specified in the Service. However, any User Provided Information you have made public or shared with other Users may have already been copied or forwarded by other Users, making recovery impossible. Telerivet is not responsible for any public display or misuse of your User Provided Information. You understand that whether or not such User Provided Information is displayed, Telerivet does not guarantee any confidentiality with respect to any User Provided Information.
We claim no ownership rights over User Provided Information created by you. The User Provided Information you create remains yours; however, by sharing User Provided Information through the Service, you agree to allow others to view, edit, and/or share your User Provided Information in accordance with your settings and these Terms. Telerivet has the right (but not the obligation) in its sole discretion to remove any User Provided Information that is shared via the Service.
4.2 License Grant to Telerivet. By submitting User Provided Information to the Service, you hereby grant to Telerivet a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, fully paid-up, and royalty-free license to use, host, display, reproduce, modify, transmit, edit, translate and analyze your User Provided Information within the Service in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Service, improving the way the Service works and looks, and to create new features and functionality, including without limitation the right to use information derived from your User Provided Information on an aggregated basis in order to statistically analyze Service usage. This license does not grant Telerivet the right to use your User Provided Information for any other commercial purposes.
4.3 Limited License Grant to other Telerivet Users. By submitting User Provided Information to the Service, in cases where you display your User Provided Information for other Users to view or when you directly exchange or otherwise provide your User Provided Information to other Users as permitted by certain Service functionality and these Terms, you hereby grant to such Users of the Service a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such Users to use the relevant Service functionality or features.
4.4 Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Telerivet and Telerivet's Users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section 4, and otherwise in the manner contemplated by Telerivet and these Terms.
4.5 User Provided Information Representations. You agree not to submit User Provided Information that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Provided Information that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. You further agree that you have the written consent of each and every identifiable natural person in the User Provided Information to use such person's name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use. Telerivet reserves the right, but is not obligated, to reject and/or remove any User Provided Information that Telerivet believes, in its sole discretion, violates these provisions.
4.6 User Provided Information Disclaimer. You understand that when using the Service you may be exposed to User Provided Information from a variety of sources, and that Telerivet is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Telerivet with respect thereto, and agree to indemnify and hold Telerivet, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. Telerivet does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and Telerivet expressly disclaims any and all liability in connection with User Provided Information. If notified by a User or a content owner of User Provided Information that allegedly does not conform to these Terms, Telerivet may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. Telerivet does not permit copyright infringing activities on the Service.
5. Mobile Software
We make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Telerivet does not warrant that the Mobile Software will be compatible with your mobile device.
Telerivet hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Telerivet account on one or more mobile devices owned or leased solely by you.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Telerivet may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree that the terms and conditions of these Terms will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Telerivet or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Telerivet reserves all rights not expressly granted under these Terms.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
While we use commercially reasonable security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Service, information will be transmitted over a medium that is beyond our control. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURES, INTENTIONAL INTRUSION, OR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.
7. User ID and Password
In order to register as a User of the Service, an email address must be provided to serve as your User identification. You may provide your own email address, or an existing User may grant you access to the Service by providing your email address.
In order to register as a User, you may also be required to create a password. It is extremely important that you keep your password completely confidential. Anyone with access to your User identification and password will be able to view the confidential information that you are authorized to access and communicate with End-users as if that person were you. Additionally, anyone with access to your email account could reset your password on the Service in order to access your account on the Service as if that person were you.
You are solely responsible for preventing disclosure of your password, as well as to prevent unauthorized access to your email account, and to notify us immediately if you feel that your security has been compromised. Telerivet will not be liable for any losses caused by any unauthorized use of your account.
8. Discontinuation and Suspension of the Service
If your access to the Service was granted by another User, you may discontinue use of the Service at any time by sending a message requesting this change to the User(s) that granted your access to the Service. We are not responsible for canceling your use of the Service.
If your access to the Service was not granted by another User, you may discontinue use of the Service at any time by deleting any and all payment instructions you have previously stored on the Service, deleting any and all projects you have created on the Service, and contacting us at email@example.com to request that your User account be deleted.
We reserve the right, for any reason, at our sole discretion and without notice to you, to add to, change, suspend or discontinue any aspect of the Service, and we will not be liable to you or to any third party for doing so. Telerivet may periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Telerivet shall have no liability whatsoever for (i) the resulting unavailability of the Service, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, or nondelivery of information caused by system outages, or (iv) any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Service.
9. Suspension or Termination of Access
If we believe you have violated these Terms or otherwise abused the use of this Service, we reserve the right, at our sole discretion, to suspend or discontinue your access to and use of the Service.
You acknowledge that you are solely responsible for the use of electronic mail and Short Message Service (SMS) in connection with the Service. You represent and warrant that you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your use of the Service.
11. Intellectual Property
All Third-Party Information and Services are the properties of the respective third parties. You agree and covenant to obtain all rights from owners of Third-Party Information and Services necessary for you to use such Third-Party Information and Services.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Provided Information belonging to other Users (the "Telerivet Content"), and all intellectual property rights related thereto, are the exclusive property of Telerivet and its licensors (including other Users who provide User Provided Information). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license or ownership right in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Telerivet Content. Use of the Telerivet Content for any purpose not expressly permitted by these Terms is strictly prohibited.
No portion of the pages within the Service may be reprinted, republished, modified, or distributed in any form without the express written permission of Telerivet. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to any Telerivet Content or other aspect of the Service. Certain content may be licensed by us from third parties; any such licensed third-party content and all intellectual property rights related to such content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Service or its content. Any rights not expressly granted by these Terms with respect to the Service are reserved by Telerivet.
12. Information and Services
The Service may contain Third-Party Information and Services and involve integrations with or links to Third-Party Information and Services, as well as information and services created by Users for End-users. We do not control any such information and services and we are not responsible for their content or performance, or your use of or access to any such content. We do not operate, control or endorse any information, products or services provided by third parties, including without limitation Third-Party Information and Services. Any use of Third-Party Information and Services is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are solely responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other services. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, TRANSACTIONS BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.
13. Payment Terms
13.1 Billing Policies. You are responsible for paying any applicable fees, which we may update from time to time. Telerivet may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective at the time you next submit payment to Telerivet following notice of such change to you as provided in these Terms. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription.
13.2 No Refunds. You may cancel your Telerivet account at any time; however, there are no refunds for cancellation. In the event that Telerivet suspends or terminates your account or this these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Notwithstanding the foregoing, funds added to your Telerivet account via credit/debit card in error may be refunded to the original credit/debit card, at Telerivet's sole discretion, by submitting a written request via email to firstname.lastname@example.org together with the original invoice and a full explanation of the error within forty-five (45) days of the original payment. Funds added to your account on Telerivet in error via other methods (including but not limited to such methods as Western Union transfer, cash transaction via an in-person Telerivet representative, bank wire, mobile-banking transfer), are not refundable. Any free, discounted, or bonus credits granted by Telerivet to you or any other User are not refundable.
13.3 Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All payments through the Service are processed using a third-party payment processor. You acknowledge that Telerivet is not liable for any breaches of credit card or debit card security or privacy.
13.4 Subscription Renewals. If you enable the "Auto-Refill" feature for your account, your service plan subscription will be automatically renewed and your credit card account (or other payment method account) will be charged when your account balance reaches the minimum balance that you specify.
13.5 Subscription Cancellations. To suspend automatic renewals of your service plan subscription, and avoid further automatic charges to your payment method, simply disable the "Auto-Refill" feature on the Billing page for your Telerivet account.
13.6 Disputes. All disputes regarding any fees paid to Telerivet must be emailed to email@example.com within 45 (forty-five) days of original payment together with an original invoice and a full explanation of the dispute. Awards resolving disputes that are not based on credit/debit card payment errors will be in the form of issued Telerivet account credit, not cash refunds.
14. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELERIVET OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TELERIVET, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TELERIVET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TELERIVET SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TELERIVET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELERIVET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TELERIVET BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELERIVET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING THIRD PARTY CONTENT) POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER-PROVIDED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TELERIVET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TELERIVET HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TELERIVET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled from facilities in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
16.1 General. You covenant and agree to indemnify, defend and hold harmless Telerivet, Inc. and its subsidiaries, affiliates, officers, directors, agents, managers, employees, contractors, partners and licensors from and against any and all claims, actions and demands (including all attorneys' fees, costs, debts, expenses, liabilities, damages and judgments arising from or related thereto) made by any third party related to or arising out of: (i) Third-Party Information or Services; (ii) User-created information or services, and content that you link, submit, post, transmit or otherwise make available through the Service or is otherwise submitted through your account; (iii) your use of or access to the Service; (iv) your connection to the Service; (v) your violation of these Terms, or your violation of any law or the rights of another, including without limitation any intellectual property rights or rights of privacy or publicity.
16.2 Costs Incurred via Mobile Networks or Third-Party Services. In addition without limiting anything contained in this Section 12, Telerivet, is not responsible and shall not pay any costs relating to obtaining or maintaining telephones, or any credit for sending messages by means of a mobile network or other third-party services (e.g. "Twilio"). You and any user of your services are responsible for paying all of these costs and maintaining your telephones and any accounts with third-party services, and you agree to indemnify Telerivet for any costs or fees associated with such services, accounts or telephone lines.
In addition, Telerivet is not responsible for reimbursing users for the use of account credits for mobile telephones or third-party services they connect to Telerivet (e.g. "Twilio") even if their account credit was used accidentally, or due to a breach in security of their Telerivet account or Telerivet's servers, or due to an error in the Telerivet service. You shall be responsible for payment of any such credits, and you agree to indemnify Telerivet, Inc. for any costs or fees associated with such accounts, servers or services.
17. Digital Millennium Copyright Act
17.1 Notice. If you are a copyright owner or an agent thereof and believe that any content being displayed or transmitted by any User through the Service infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- 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 at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17.2 Copyright Agent. The above information must be submitted to the following DMCA Agent:
Attn: Copyright Administrator
Address: 2355 Polk St #405
San Francisco, CA 94109
You acknowledge that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
17.3 Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
17.4 Effect of Counter Notice. If a counter-notice is received by our Copyright Agent, Telerivet may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order, the removed content may be replaced or access to it restored 10 or more business days after receipt of the counter-notice, at Telerivet's sole discretion.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Telerivet and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Telerivet's rights and obligations under the DMCA, including 17 U.S.C. section 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Telerivet has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Telerivet may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
19. Governing Law and Arbitration
19.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Telerivet, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
19.2 Arbitration. For any dispute with Telerivet, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Telerivet has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Telerivet claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and Telerivet agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TELERIVET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Telerivet without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.3 Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
15.4 International Use. If you choose to use the Service outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use, including those governing online conduct and Content transmissions.
15.5 Notifications. Telerivet may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Telerivet in our sole discretion. Telerivet reserves the right to determine the form and means of providing notifications to our Users.
If you have any questions concerning these Terms, or if you would like to contact us for any other reason, please email us at email@example.com.