1.1 Read these Msg2Send.com
Terms of Use ("Terms") carefully before You
("You") accept these Terms by: (a) placing an order through Msg2Send.com,
or (b) otherwise using the Msg2Send.com web site ("Web site"). If You do not agree to all of these terms, do not use this Web
site.
1.2 The Terms are entered into by and between Msg2Send.com ("Msg2Send")
and You. If you are using the Services on behalf of Your employer, You represent that You are authorized to
accept these Terms on Your employer's behalf. Msg2Send provides the on-line Msg2Send
resources, and other on-line resources accessible via Msg2Send.com
(the "Services") to You, subject to the Terms. Unless
explicitly stated otherwise, the Terms will govern Your
use of any new features that augment or enhance the current Services, including
the release of new Msg2Send.com on-line resources. In addition to the Terms,
the Msg2Send standard sales terms apply to purchases You
make through the Msg2Send.com on-line resources, unless You have currently in
effect a separate written purchase or license agreement with Msg2Send, in which
case that separate purchase agreement governs. If there is a conflict between:
(a) these Terms, and (b) either the Msg2Send standard sales terms or other
applicable purchase or license agreement, the latter prevail.
In consideration of Your
use of the Services, You agree to be solely responsible for: (a) providing
true, accurate, current, and complete information about You as prompted by the
Service's registration form (the "Registration Data"), and (b)
maintaining and promptly updating the Registration Data to keep it true,
accurate, current and complete. You are solely responsible for the security of
your password. Msg2Send is not liable for any unauthorized use of the Web site
or Services. You acknowledge and agree that certain Services may provide
password-restricted access to customer information such as names and certain
terms of Your existing contracts to assist You in purchasing,
maintaining and supporting Your Msg2Send products. By using this Web site and
registering for such Services, You consent to Msg2Send's display of such
information via the Services and accept all risks of unauthorized access to
such information. If You provide any information that is false, inaccurate, out
of date, or incomplete, or Msg2Send has reasonable grounds to suspect that
such information is false, inaccurate, not current, or incomplete, Msg2Send may
suspend or terminate Your account (as described in Section 9) and refuse any
and all current or future use of the Services (or any portion thereof). Msg2Send
agrees to make reasonable efforts to implement Your
requested changes, additions, or deletions to Registration Data within one (1)
business day of receipt of such written information. You are responsible for
all costs and charges, including without limitation, phone charges and
telecommunications equipment, that You incur in order
to use the Services.
3. CONFIDENTIALITY OF Msg2Send INFORMATION
In order to gain access
to the Services, You agree to these confidentiality provisions:
3.1 You acknowledge that You may obtain direct access
via the Web site to certain Msg2Send confidential information, including
databases containing confidential information of Msg2Send and its suppliers,
such as technical, contractual, pricing, marketing, and other valuable
information ("Information"). You must hold Information in strict
confidence and may provide Information to employees in your organization only
on a need-to-know basis. You may use the Information from the Web site solely
for the purpose of purchasing, maintaining and supporting Your Msg2Send
products and equipment. Title to Information remains with the
Msg2Send owner or its suppliers. You agree, either as an individual or
on behalf of Your employer, to be bound by the
provisions of this Section 3. Furthermore, if You are
acting on behalf of Your employer, Your employer agrees to indemnify You for
violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited right to
use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to Msg2Send for
which damages would be an inadequate remedy and, therefore, in addition to its
rights and remedies otherwise available at law, Msg2Send will be entitled to
equitable relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a bond or
other security if Msg2Send seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after the date
of disclosure. Upon termination of the Terms or Msg2Send's written request, You must cease use of Information and return or destroy all
Information.
3.5 The Terms impose no obligation upon You with respect to Information
that You can establish by legally sufficient evidence: (a) You possessed, or
knew, prior to Your receipt from Msg2Send, without an obligation to maintain
its confidentiality; (b) is or becomes generally known to the public through no
act or omission by You, or otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) You independently
developed without the use of Information and without the participation of
individuals who have had access to Information, or (e) in response to a valid
order by a court or other governmental body, as otherwise required by law, or
as necessary to establish the rights of either party under these Terms and as
disclosed after prior notice to Msg2Send adequate to afford Msg2Send the
opportunity to object to the disclosure.
4.1 You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that You, and not Msg2Send, are entirely responsible for all
Content that You upload, post or otherwise transmit via the Services. Msg2Send
does not control the Content posted via the Services and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Services, You may be exposed to Content that is offensive,
indecent or Objectionable.
4.2 While it is not our
intent to monitor Your online communications, Msg2Send
reserves the right to edit or remove content that we become aware of and
determine to be harmful, offensive or otherwise in violation of these Terms. Msg2Send
may also remove Content that contains third-party commercial advertisements, is
inaccurate or includes unauthorized disclosure or personal information.
Violation of these restrictions ("Restrictions") may also result in
the termination or suspension of your account. These Restrictions apply to all
content provided to or through the Services, including email messages, newsgroup
postings, chat, and personal or business web pages.
4.3
You agree not to post or store on Msg2Send or any of its affiliated sites any
Content that violates or infringes anyone's intellectual property rights
(including copyrights, trademarks, trade secrets, patents, publicity rights or
(to the extent protectable) confidential ideas) or that is obscene, obscene as
to minors, child pornography, defamatory, racist, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable ("Objectionable").
4.4 You agree not to use
the Services in any way for spamming or to transmit chain letters, junk email
or bulk communications. You agree not to transmit through the Services any
Material that is Objectionable. You agree not to use any Msg2Send domain name
as a pseudonymous return email address for any communications that You transmit from another location or through another
service; and You may not pretend to be someone else or spoof their identity
when using the Services. Furthermore, You agree not to
transmit unsolicited or bulk communications to any Msg2Send account holder or
to any Msg2Send.com or affiliated email address (regardless of whether You use
the Services to transmit any such communication).
4.5 You agree not to use
the Services for any unlawful activities not otherwise covered above, including
(without limitation) attempting to compromise the security of any networked
account or site, operating an illegal lottery or gambling operation, stalking,
or making direct threats of physical harm. Additionally, You
agree not to use the Services to: (a) impersonate any person or entity,
including, but not limited to, a Msg2Send official, (b) or falsely state or
otherwise misrepresent Your affiliation with a person or entity; (b) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Services or develop hidden pages or images
(those not linked to Msg2Send.com from another accessible page); (c) upload,
post or otherwise transmit any Content that You do not have a right to transmit
to the public under any law or under contractual or fiduciary relationships
(such as inside information, proprietary or confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (d) upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; (e) disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of the
Services are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges; (f) intentionally or
unintentionally violate any applicable local, state, national or international
law, or any regulations having the force of law; (g) collect or store personal
data about other users; (h) use an Msg2Send account as storage for remote
loading or as a door or signpost to another home page, whether inside or beyond
Msg2Send.com.
5. CONTENT SUBMITTED TO Msg2Send.com
5.1 Msg2Send does not
claim ownership of the Content You place on any part of Msg2Send.com. By
submitting Content to Msg2Send for inclusion on Msg2Send.com, You grant Msg2Send
and all other users of Msg2Send.com a worldwide, royalty-free, and nonexclusive
license to reproduce, modify, distribute, transmit, display, perform, adapt,
and publish the Content (including in digital form).
5.2 You acknowledge that
Msg2Send does not pre-screen Content, but that Msg2Send and its designees have
the right (but not the obligation) in their sole discretion to block or
restrict access to or the availability of, or to disable, any Content that is
available via the Services. Without limiting the foregoing, Msg2Send and its
designees may disable, restrict access to or the availability of, any Content
that violates the Terms or is otherwise objectionable. You must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
5.3 Unless otherwise
explicitly stated, herein, or in the Msg2Send.com Privacy Policy, any Content
provided by You in connection with this Web site shall
be deemed to be provided on a nonproprietary and nonconfidential
basis. Msg2Send shall not have any obligation of any kind with respect to such
Content and Msg2Send shall be free to use or disseminate such Content on an
unrestricted basis for any purpose. You acknowledge that You
are responsible for the Content that You submit, and You, not Msg2Send, have
full responsibility for the Content, including their legality, reliability,
appropriateness, originality and copyright.
Msg2Send will attempt to
deliver all of the email that is addressed to your email
address on Msg2Send Services. However, sometimes someone who may or may not be
a subscriber to Msg2Send Services may attempt to relay large numbers of email
messages, in bulk, off of or through one of our
servers. Msg2Send reserves the right to discard that bulk relay email because
it is an unauthorized use of our equipment. Any email addressed to you in care
of Msg2Send Services that is included in that bulk relay email may not be delivered to you.
You
agree that Msg2Send would be irreparably harmed by the use, by You or others,
of Msg2Send Services or facilities in connection with the transmission of spam
newsgroup postings or unsolicited email in violation of these Terms, and that Msg2Send
is entitled to obtain injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity). Msg2Send reserves the right to block, filter or
delete unsolicited email.
You
agree to indemnify and hold Msg2Send, and its subsidiaries, affiliates,
officers, agents, co-branders, alliance members, or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Your Content, Your use
of the Services, including any use by Your employees (including as described in
Section 3.1), Your connection to the Services, Your violation of the Terms, or
Your violation of any rights of another.
9. NOTICES; MODIFICATION AND TERMINATION OF
SERVICES
Msg2Send may send
notices to You via either email or regular mail. The
Services may also provide notices of changes to the Terms or other matters by
displaying notices or links to notices to You
generally on the Services. Msg2Send reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. Msg2Send may make changes to the
on-line Msg2Send resources, including regarding products, services, programs,
and prices, at any time without notice. Msg2Send, in its sole
discretion, may terminate Your password, Msg2Send account(s), on-line
resources, use of the Services or use of any other Msg2Send service, and remove
and discard any Content within the Services, for any reason, including, without
limitation, for lack of use or if Msg2Send believes that You have violated or
acted inconsistently with the letter or spirit of the Terms. Any
termination of Your access to the Services under any
provision of the Terms may be effected without prior notice, and Msg2Send may
immediately de-activate or delete Your Msg2Send account(s) or on-line resources
and all related information and files in Your Msg2Send account(s) or on-line
resources and/or bar any further access to such files or the Services. Further,
Msg2Send will not be liable to You or any third-party
for any termination, modification, or suspension of the Service.
10. ADVERTISEMENTS AND PROMOTIONS
Msg2Send runs
advertisements and promotions from third parties on the Services, Msg2Send.com
and Msg2Send's other Internet properties. The manner,
mode and extent of advertising by Msg2Send on Your Msg2Send account(s) or Msg2Send on-line resources is subject to change. Your
correspondence or business dealings with, or participation in promotions of,
advertisers other than Msg2Send found on or through the Services, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between You and such advertiser. Msg2Send is
not responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such non-Msg2Send
advertisers on the Service.
11.1 The Services may
provide, or third parties may provide, links to other Internet sites or
resources. Because Msg2Send has no control over such sites and resources, You
acknowledge and agree that Msg2Send is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. Msg2Send will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
11.2 This Web site may
be linked to other web sites which are not under the
control of and are not maintained by Msg2Send. Msg2Send is not responsible for
the content of those sites. Msg2Send is providing these links to You only as a convenience, and the inclusion of any link to
such sites does not imply endorsement by Msg2Send of those sites.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Services and
any software used in connection with the Services ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. Content
contained in third-party advertisements or information presented to You through the Services or advertisers is protected by
copyrights, trademarks, service marks, patents, publicity rights, or other
proprietary rights and laws. Except as expressly authorized by Msg2Send or
advertisers, You agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Services or the Software, in whole or in
part.
12.2 You may use the
Software and related Services only subject to the agreement or license that
accompanies such Software or Services. You may use Services only during their
specified term, for the enumerated number of times, for the specified number of
individuals, or as otherwise limited in the applicable agreement or license.
Services involving an update, version release, product release, maintenance
release, patch or derivative work of a licensed Software or Service may be used
only: (a) on systems for which such Software or Service were specifically
licensed; and (b) subject to the license and warranty term governing the
original product or Service. Services provided as an element of Msg2Send
support, consulting or educational services, also are
governed by the terms of the applicable support, consulting or
educational services agreement.
12.3 You must not
modify, decompile, or reverse engineer any Software Msg2Send discloses to You,
and must not remove, overprint, or deface any notice of copyright, trademark,
logo, legend, or other notice of ownership from any originals or copies of
Software or Information from the Services.
12.4 "Msg2Send Trademarks" means all
names, marks, brands, logos, designs, trade dress and other designations Msg2Send
uses in connection with Products or Services. Customer may refer to Products
and Services by the associated Msg2Send Trademarks, provided
that such reference is truthful and not misleading and complies with the
then current Msg2Send Trademark and Logo Policies. Customer may not remove or
alter any Msg2Send Trademarks, nor may it co-logo Products or material
associated with Customer's services. Customer acknowledges Msg2Send's rights in
Msg2Send Trademarks and agrees that any and all use of
Msg2Send Trademarks by Customer shall inure to the sole benefit of Msg2Send.
Customer agrees not to incorporate any Msg2Send Trademarks into Customer's
trademarks, service marks, company names, Internet addresses, domain names, or
any other similar designations.
12.5 Msg2Send is
committed to respecting others' intellectual property rights, and we ask our
users to do the same. Msg2Send may, in its sole discretion,
terminate the accounts or access rights of users who infringe or
otherwise violate others' intellectual property rights. If You
believe that Your work has been copied in a way that constitutes copyright
infringement on our Web site, please contact our copyright agent as described
in our copyright policy.
12.6 All Content
provided on this Web site is provided by or to Msg2Send
by its respective manufacturers, authors, developers, alliance members, and
vendors (the "Third Party Providers") and is the copyrighted work of Msg2Send
and/or the Third Party Providers. Except as stated herein, none of the Content
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior express written permission of Msg2Send or the Third Party Provider. No
part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means,
without the prior express written permission of Msg2Send. You also may not, without Msg2Send's prior express written permission,
"mirror" any Content contained on this Web site on any other
server.
12.7 Nothing on this Web
site shall be construed as conferring any license under any of Msg2Send's or
any Third Party Provider's intellectual property rights, whether by estoppels,
implication, or otherwise. You acknowledge sole responsibility for obtaining
any such licenses.
12.8 Permission is granted to display, copy, distribute and download Msg2Send's
Content on this Web site provided that:
(1)
both the copyright notice identified below and this permission notice appear in
the Content,
(2) the use of such Content is solely for personal, non-commercial and
informational use and will not be copied or posted on any networked computer or
broadcast in any media, except as explicitly permitted by valid license
covering such materials, and
(3) no modifications of any of the Content are made. This permission terminates automatically
without notice if You breach any of these terms or
conditions. Upon termination, You must immediately
destroy any downloaded and printed Content.
12.9 Any unauthorized use
of any Content contained on this Web site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and
statutes.
12.10 Content provided
by Third Party Providers has not been independently
authenticated in whole or in part by Msg2Send. Msg2Send does not provide, sell,
license, or lease any of the Content other than those specifically identified
as being provided by Msg2Send.
13.1 YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION (AS DEFINED IN
SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON Msg2Send
WEB SITES IS PROVIDED "AS IS", "WITH ALL FAULTS," IS
EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. Msg2Send DISCLAIMS ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. Msg2Send
MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT
CONTAINED ON Msg2Send WEB SITES. Msg2Send MAY MAKE AVAILABLE ON Msg2Send WEB
SITES CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY
USERS OF Msg2Send WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO
EVENT WILL Msg2Send OR ITS ALLIANCE MEMBERS OR SUPPLIERS BE LIABLE FOR THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM Msg2Send WEB SITES.
13.2
Msg2Send MAKES NO WARRANTY OR CONDITION THAT: (i) THE
SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
13.3 ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
13.4 NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Msg2Send OR THROUGH
OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED
IN THE TERMS. Msg2Send'S EMPLOYEES ARE NOT AUTHORIZED TO VARY
THESE TERM.
14.1
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, Msg2Send IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE
(EVEN IF Msg2Send HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE
INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND Msg2Send.com;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM Msg2Send WEB SITES.
14.2 YOU HAVE SOLE
RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED
IN CONNECTION WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST Msg2Send FOR
LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS
RESULTING FROM THE USE OF THE CONTENT.
14.3 YOU AGREE TO HOLD Msg2Send
HARMLESS FROM, AND YOU COVENANT NOT TO SUE Msg2Send FOR, ANY CLAIMS BASED ON
USING THE WEB SITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to You.
Msg2Send respect Your desire for privacy. By using the Msg2Send Web site, You are consenting to the processing of Your data by Msg2Send
consenting to the terms of the Msg2Send Privacy Policy. If we decide to change
that policy, we will post the revised policy prominently on the Msg2Send Web
site or otherwise bring it to Your attention, so that
You are always aware of what we do with Your information.
16.1 The Terms
constitute the entire agreement between You and Msg2Send
and govern Your use of the Services, superseding any prior agreements between
You and Msg2Send (including, but not limited to, any prior versions of the
Terms). You also may be subject to additional terms and conditions that may
apply when You use other Msg2Send services,
third-party content or third-party software. You must not assign or otherwise
transfer the Terms nor any right granted hereunder. Sections 3, 4, 8, 12, 13,
14 and 16 survive termination of the Terms.
16.2 Singapore law govern any action related to the Terms. No choice of law
rules of any jurisdiction apply. The parties specifically disclaim the U.N.
Convention on Contracts for the International Sale of Goods. You and Msg2Send
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Singapore.
16.3 Msg2Send controls
and operates this Web site in various locations in Sinagpore
and makes no representation that this Content is appropriate or available for
use in other locations. If You use this Web site from
other locations, You are responsible for compliance with applicable local laws
including but not limited to the export and import regulations of other
countries.
16.4 This Web site could
include inaccuracies or typographical errors. Msg2Send and the Third Party
Providers may make improvements and/or changes in the products, services,
programs, and prices described in this Web site at any time without notice.
Changes are periodically made to the Web site. Msg2Send
may amend these Terms at any time by posting the amended terms on this site. If
you are a registered user of Msg2Send.com, Msg2Send will notify you of changes
to these Terms when you log-in after such changes have
been made, thus giving You an opportunity to review the Terms.
16.5 The failure of Msg2Send
to exercise or enforce any right or provision of the Terms does not constitute
a waiver of such right or provision. If a court of competent jurisdiction finds
any provision of the Terms 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 the Terms remain in
full force and effect. Regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to
use of the Services or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the
Terms are for convenience only and have no legal or contractual effect.
16.6 These Terms represent
the entire understanding relating to the use of the Web site and prevail over
any prior or contemporaneous, conflicting, or additional, communication.
When referring to Msg2Send's
trademarks, please follow the Msg2Send Trademark and Logo Usage requirements on
the Msg2Send site. All Msg2Send based trademarks are trademarks or registered
trademarks of Msg2Send.
Web sites use cookies to
simulate a continuous connection to that site. This makes it more convenient
for users by allowing them to visit pages within a site without having to
reintroduce themselves with each mouse click. Contrary to popular fears and
misconceptions, cookies were not created spy on or
otherwise invade the privacy of Internet users. Cookies contain only
information that users volunteer, and they do not have the capability of
infiltrating a user's hard drive and sneaking away with personal information.
The simple function of a cookie is to help the user navigate a web site with as
little obstruction as possible.
Cookies are small data
structures used by a web site (server) to deliver data to a web client (user);
request that the client store the information; and in certain circumstances,
return the to the web site. Web sites can thus
"remember" information about users to facilitate their preferences
for a particular site and allow the use of user passwords. The web site may
deliver one or more cookies to the client. The client stores cookie data in one
or more flat files on its local hard drive.
Cookies allow web sites
to maintain user information across HTTP connections. The current HTTP protocol
is "stateless," meaning that the server does not store any
information about a particular HTTP transaction; each connection is "fresh"
and has no knowledge of any other HTTP transaction. "State"
information is information about a communication between a user and a server,
similar in many ways to frequent flier profiles or option settings in desktop
software. (For example, a preference for aisle or window seats is cookie-like
information that a frequent-flier program might store about its customers.) In
some cases it is useful to maintain state information
about the user across HTTP transactions.
We welcome your
feedback. Should you feel dissatisfied with any of our goods or services,
please contact us.
Copyright © 2010 Msg2Send.com.
All rights reserved. Terms of Use. Privacy
Policy.
