Terms of Service Agreement
The Phone Campaigner is delivered to you by Idealist
Consulting and powered by Do My Reminders. As a
result, the following agreement outlines the
responsibilities between You (the client) and Do My
Reminders for the delivery of the Phone Campaigner.
The
domyreminders
Service is made up of various Web sites, Web pages,
and services operated by Integrated Trading, Inc., a
Washington corporation doing business as
domyreminders (“domyreminders”).
This Terms of Use and Notices apply to the
domyreminders
Service and does not apply to the content of third
parties.
The
domyreminders
Services are offered to you conditioned on your
acceptance without modification of the terms,
conditions, and notices contained herein. Your use
of the
domyreminders
Services constitutes your agreement to all such
terms, conditions, and notices. Your use of a
particular
domyreminders
Service included within the
domyreminders
Services may also be subject to additional terms
outlined elsewhere in this agreement (the
"Additional Terms"). Additionally, the
domyreminders
Services may themselves contain additional terms,
codes of conduct or guidelines that govern use of
those sites, including without limitation,
particular features or offers (for example,
sweepstakes or chat areas).
In the event that any
of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other
terms and guidelines contained within any particular
domyreminders
Service, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement below for disclosures
relating to the collection and use of your personal
information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular
domyreminders
Service, or any product or service offered on any
domyreminders
Service requires you to open an account, you must
complete the registration process by providing us
with current, complete and accurate information as
prompted by the applicable registration form. You
then will choose a password and a user name. You are
entirely responsible for maintaining the
confidentiality of your password and account.
Furthermore, you are entirely responsible for any
and all activities that occur under your account.
You agree to notify
domyreminders
immediately of any unauthorized use of your account
or any other breach of security.
domyreminders
will not be liable for any loss that you may incur
as a result of someone else using your password or
account, either with or without your knowledge.
However, you could be held liable for losses
incurred by
domyreminders
or another party due to someone else using your
account or password. You may not use anyone else's
account at any time, without the permission of the
account holder.
MODIFICATION OF THESE TERMS OF USE
domyreminders
reserves the right to change the terms, conditions,
and notices under which the
domyreminders
Service are offered, including but not limited to
the charges associated with the use of the
domyreminders
Service. You are responsible for regularly reviewing
these terms and conditions and additional terms
posted on particular websites. Your continued use of
the
domyreminders
Service constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise
specified, the
domyreminders
Service is for your personal and noncommercial use.
You may not modify copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products or services obtained
from the
domyreminders
Service.
Without the advance
express written permission of
domyreminders,
you may not 'metasearch' the
domyreminders
Service, send, or cause to be sent, any automated
queries of any sort to the
domyreminders
Service, or use the
domyreminders
Service in any commercial manner. "Automated
queries" shall include but not be limited to using
any software that sends queries to any
domyreminders
Service to determine how a web site "ranks" on any
domyreminders
Service.
LINKS TO THIRD PARTY SITES
The
domyreminders
Service may contain images of and links to third
party Web sites ("Linked Sites"). The Linked Sites
are not under the control of
domyreminders
and
domyreminders
is not responsible for the contents of any Linked
Site, including without limitation any link
contained in a Linked Site, or any changes or
updates to a Linked Site.
domyreminders
is not responsible for webcasting or any other form
of transmission received from any Linked Site nor is
domyreminders
responsible if the Linked Site is not working
appropriately.
domyreminders
is providing these links to you only as a
convenience, and the inclusion of any link does not
imply endorsement by
domyreminders
of the site or any association with its operators.
You are responsible for viewing and abiding by the
privacy statements and terms of use posted at the
Linked Sites.
Any dealings with third
parties (including advertisers) included within the
domyreminders
Service or participation in promotions, including
the delivery of and the payment for goods and
services, and any other terms, conditions,
warranties or representations associated with such
dealings or promotions, are solely between you and
the advertiser or other third party.
domyreminders
shall not be responsible or liable for any part of
any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your
use of the
domyreminders
Service, you will not use the
domyreminders
Service for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
You may not use the
domyreminders
Service in any manner that could damage, disable,
overburden, or impair any
domyreminders
Service (or the network(s) connected to any
domyreminders
Service) or interfere with any other party's use and
enjoyment of any
domyreminders
Service. You may not attempt to gain unauthorized
access to any
domyreminders
Service, other accounts, computer systems or
networks connected to any
domyreminders
Service, through hacking, password mining or any
other means. You may not obtain or attempt to obtain
any materials or information through any means not
intentionally made available through the
domyreminders
Service.
USE OF SERVICES
The
domyreminders
Service may contain voicemail services, email
services, chat areas, personal web pages, calendars,
file cabinets and/or other message or communication
facilities designed to enable you to communicate
with others (collectively, "Communication
Services"). You agree to use the Communication
Services only to post, send and receive messages and
material that are proper and, when applicable,
related to the particular Communication Service. By
way of example, and not as a limitation, you agree
that when using Communication Service, you will not:
-Use the Communication Service in connection with
surveys, contests, pyramid schemes, chain letters,
junk voicemail, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
-Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy
and publicity) of others.
-Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information.
-Publish, post, upload, distribute or disseminate
any topic, name, material or information that
incites discrimination, hate or violence towards one
person or a group because of their belonging to a
race, a religion or a nation, or that insults the
victims of crimes against humanity by contesting the
existence of those crimes.
-Upload, or otherwise make available, files that
contain sounds, voices, software or other material
protected by intellectual property laws, including,
by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or
publicity) unless you own or control the rights
thereto or have received all necessary consents to
do the same.
-Use any material or
information, including sounds or voices which are
made available through the
domyreminders
Service in any manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party.
-Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer or
property of another.
-Use of meta tag searches on the web sites.
-Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
-Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
-Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
-Restrict or inhibit any other user from using and
enjoying the Communication Services.
-Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
-Harvest or otherwise collect information about
others, including e-mail addresses.
-Violate any applicable laws or regulations.
-Create a false identity for the purpose of
misleading others.
-Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any
directory of users of a Domyreminders Service or
other user or usage information or any portion
thereof.
domyreminders
has no obligation to monitor the Communication
Services. However,
domyreminders
reserves the right to review materials posted to a
Communication Service and to remove any materials in
its sole discretion.
domyreminders
reserves the right to terminate your access to any
or all of the Communication Services at any time,
without notice, for any reason whatsoever.
domyreminders
reserves the right at all times to disclose any
information as
domyreminders
deems necessary to satisfy any applicable law,
regulation, legal process or governmental request,
or to edit, refuse to post or to remove any
information or materials, in whole or in part, in
domyreminders
sole discretion.
Always use caution when
giving out any personally identifiable information
about yourself or your children in any Communication
Service.
domyreminders
does not control or endorse the content, messages or
information found in any Communication Service and,
therefore,
domyreminders
specifically disclaims any liability with regard to
the Communication Services and any actions resulting
from
your participation in
any Communication Service. Managers and hosts are
not authorized
domyreminders
spokespersons, and their views do not necessarily
reflect those of
domyreminders.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for
adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO
DOMYREMINDERS OR POSTED AT ANY
domyreminders
SERVICE
domyreminders
does not claim ownership of the materials you
provide to
domyreminders
(including feedback and suggestions) or post,
upload, input or submit to any
domyreminders
Service or its associated services for review by the
general public, or by the members of any public or
private group, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your
Submission you are granting
domyreminders,
its companies necessary sublicensees permission to
use your Submission in connection with the operation
of their Internet businesses (including, without
limitation, all
domyreminders
Services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish
your name in connection with your Submission; and
the right to sublicense such rights to any supplier
of a
domyreminders
Service.
No compensation will be
paid with respect to the use of your Submission, as
provided herein.
domyreminders
is under no obligation to post or use any Submission
you may provide and
domyreminders
may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in these Terms of
Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submissions.
SOFTWARE AND CONTENT
AVAILABLE THROUGH THE
domyreminders
SERVICE
All content and
software (if any) that is made available to view
and/or download in connection with the
domyreminders
Service, excluding content and/or software that may
be made available by end-users through a
Communication Service, ("Software") is owned by and
is the copyrighted work of Integrated Trading, Inc.
which is doing business as
domyreminders
and/or its
suppliers and is protected by copyright laws and
international treaty provisions. Your use of the
Software is governed by the terms of the end user
license agreement, if any, which accompanies or is
included with the Software ("License Agreement").
You may not install or use any Software that is
accompanied by or includes a License Agreement
unless you first agree to the License Agreement
terms.
For any Software not
accompanied by a license agreement, Integrated
Trading, Inc. doing business as
domyreminders
hereby grants to you, the user, a revocable
personal, nontransferable license to use the
Software for viewing and otherwise using the
particular
domyreminders
Service in accordance with these Terms of Use, and
for no other purpose provided that you keep intact
all copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or
Software is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You acknowledge that the Software, and any
accompanying documentation and/or technical
information, is subject to applicable export control
laws and regulations of the USA. You agree not to
export or re-export the Software, directly or
indirectly, to any countries that are subject to USA
export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE
domyreminders
SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
domyreminders
SERVICE AND TO THE INFORMATION THEREIN.
domyreminders
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE
domyreminders
SERVICE AT ANY TIME.
INTEGRATED TRADING,
INC. DOING BUSINESS AS
domyreminders
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE
domyreminders
SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
domyreminders
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND
NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE
THAT
domyreminders
SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OF
YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS
ENTERED INTO THROUGH A
domyreminders
SERVICE. YOU SPECIFICALLY AGREE THAT
domyreminders
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT
domyreminders
IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN ANY DOMYREMINDERS SERVICE BY ANY THIRD
PARTY.
IN NO EVENT SHALL
domyreminders
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE
domyreminders
SERVICE, WITH THE DELAY OR INABILITY TO USE THE
domyreminders
SERVICE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE
domyreminders
SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE
domyreminders
SERVICE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
domyreminders
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE
domyreminders
SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE
domyreminders
SERVICE.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that
domyreminders
may establish limits concerning use of any
domyreminders
Service offered on
an
domyreminders
Service, including without limitation the maximum
number of days that voicemail messages will be
retained by any
domyreminders
Service, the maximum number of voicemail messages
that may be sent from or received by an account on
any
domyreminders
Service, the maximum size of a voicemail message
that may be sent from or received by an account on
any
domyreminders
Service, the maximum disk space that will be
allotted on
domyreminders
servers on your behalf either cumulatively or for
any particular service, such as for storing digital
voice, and the maximum number of times and duration
you may access any
domyreminders
Service in a given period of time.
You agree that
domyreminders
has no responsibility or liability for the deletion,
corruption or failure to store any messages or other
content maintained or transmitted by any
domyreminders
Service. You acknowledge that the features,
parameters (for example, the amount of storage
available to users) or existence of any
domyreminders
service may change at any time. You acknowledge that
domyreminders
reserves the right to sign out, terminate or delete
your accounts for any particular Web site or service
within
domyreminders
that are "inactive" for an extended period of time.
"Inactive" means that you have not signed in to a
particular service for an extended period of time,
as determined by
domyreminders,
in its sole discretion. The amount of time that
domyreminders
currently considers as an "extended" period of time
is determined based on the particular
domyreminders
Service or
domyreminders
Service within
domyreminders
to which it pertains, and may be viewed in the FAQ,
or other user information relating to the particular
service.
domyreminders
MAKES NO WARRANTY THAT ANY
domyreminders
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
domyreminders
reserves the right, in its sole discretion, to
terminate your access to any or all
domyreminders
Service and the related services or any portion
thereof at any time, without notice.
domyreminders
may also terminate or suspend your access to
domyreminders
Service for inactivity, as set forth, above, in
"Storage Space and Other Limitations."
domyreminders
shall have no obligation to maintain any content or
to forward any unread or unsent messages to you or
any third party.
NO SPAM; DAMAGES
domyreminders
may immediately terminate any account which it
determines, in its sole discretion, is transmitting
or is otherwise connected with any 'spam' or other
unsolicited bulk voicemail. In addition, because
damages are often difficult to quantify, if actual
damages cannot be reasonably calculated then you
agree to pay
domyreminders
liquidated damages of five dollars (US$5.00) for
each piece of 'spam' or unsolicited bulk voicemail
transmitted from or otherwise connected with your
account. Otherwise you agree to pay
domyreminders
's actual damages; to the extent such actual damages
can be reasonably calculated. You agree that
domyreminders
may charge such damages to your selected Payment
Method, as set forth in the
domyreminders
Billing
section, below.
GENERAL
Claims for enforcement,
breach or violation of duties or rights under this
agreement shall be adjudicated under the laws of the
State of Washington, without reference to conflict
of laws principles. All other claims, including
without limitation claims under or for violation of
state consumer protection laws, unfair competition
laws, and in tort, shall be adjudicated under the
law of your state of residence. You hereby
irrevocably consent to the exclusive jurisdiction
and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to
the use of the
domyreminders
Service. You agree that no joint venture,
partnership, employment, or agency relationship
exists between you and
domyreminders
as a result of this agreement or use of the
domyreminders
Service. You agree to indemnify and hold
domyreminders,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of
your use of or conduct on the
domyreminders
Service.
domyreminders
reserves the right to disclose any personal
information about you or your use of the
domyreminders
Service, including its contents, without your prior
permission if
domyreminders
has a good faith belief that such action is
necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend
the rights or property of
domyreminders
or its affiliated companies; (3) enforce the terms
or use; or (4) act to protect the interests of its
members or others.
domyreminders
performance of this agreement is subject to existing
laws and legal process, and nothing contained in
this agreement is in derogation of
domyreminders
's right to comply with governmental, court and law
enforcement requests or requirements relating to
your use of the
domyreminders
Service or information provided to or gathered by
domyreminders
with respect to such use. If any part of this
agreement is determined to be invalid or
unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and
liability limitations set forth above, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that
most closely matches the intent of the original
provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire
agreement between the user and
domyreminders
with respect to the
domyreminders
Service and it supersedes all prior or
contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and
domyreminders
with respect to the
domyreminders
Service. A printed version of this agreement and of
any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other
business documents and records originally generated
and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the
domyreminders
Services are: Copyright (c) 2005-2006 Integrated
Trading, Inc. and/or its suppliers, 12630 NE 68th
Pl, Kirkland, WA 98033 U.S.A. All rights reserved.
TRADEMARKS. get2all,
get2networks, ARquickcollect, get2markets,
get2appointments, get2members,
domyreminders,
domyreminders
Logo, and/or other
domyreminders
products and services referenced herein may also be
either trademarks or registered trademarks of
Integrated Trading, Inc. in the United States and/or
other countries. The names of actual companies and
products mentioned herein may be the trademarks of
their respective owners.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright
Infringement.
FOR INFORMATION
REGARDING THE
domyreminders
PRIVACY STATEMENT CLICK HERE.
EXTRA STORAGE SERVICE
domyreminders
Extra Storage Service ("Extra Storage Service") is a
domyreminders
service offering extra storage space for your
domyreminders
account. In order to sign-up for the Extra Storage
Service, you must have an existing
domyreminders
account. Your Account will be charged, and you agree
to pay, the amount as specified in the Extra Storage
Service description. The Extra Storage Service is
provided on a year-to-year basis commencing on the
date that you accept this Agreement. The amount you
pay for the Extra Storage Service is not refundable
even if you choose to cancel the Extra Storage
Service prior to the one year anniversary of the
subscription. If you do not notify
domyreminders
of your cancellation prior to the expiration of the
then current term of the Extra Storage Service, your
credit card will be automatically charged for
another year of the Extra Storage Service. This
offer cannot be resold to any other person or third
party as it is specific to the user who directly
purchases it.
domyreminders
may immediately terminate your
domyreminders
account, at any time, without notice, if
domyreminders
in its sole discretion concludes that you have
provided false information in connection with your
Billing Service Account, are engaged in fraudulent
or illegal activities, are engaged in activities
that may damage the rights of
domyreminders
or others, or are otherwise in violation of this
Agreement. If your Billing Service Account is
terminated for any such reasons stated above, the
charge for this
domyreminders
Extra Storage Service is not refundable.
The
domyreminders
Extra Storage Service and its benefits are offered
at the discretion of
domyreminders,
and
domyreminders
has the right to modify or discontinue, temporarily
or permanently, the Extra Storage Service, in whole
or in part, for any reason, at its sole discretion,
with or without notice to you. You agree that
domyreminders
will not be liable to you or any third party for any
modification or discontinuance of the
domyreminders
Extra Storage Service.
If you choose to cancel
the
domyreminders
Extra Storage Service, then on the expiration date
of the one year anniversary of your acceptance of
this Agreement, your
domyreminders
account will revert to the storage size of a regular
domyreminders
account. New voicemails will not be delivered to you
until your
domyreminders
account has been reduced to the storage size of a
regular
domyreminders
account mailbox. You will receive notification from
domyreminders
when you are nearing your prescribed limit giving
you the opportunity to delete some messages. If you
do not use your account on a regular basis, your
voicemail will be stored for the year of your
subscription, then if you do not continue your
subscription, and your account is not used on a
regular basis, the contents of your account may be
deleted.
domyreminders
And Wireless Carriers
Your wireless carrier
may charge service fees for voicemail delivery, text
messaging (including receiving/sending instant
messages and e-mail), web browsing and other
services that require the use of airtime and
wireless data services.
domyreminders
provides services and information about selected
wireless carriers for your convenience only and we
recommend that you check with your wireless carrier
to verify what fees may apply to your wireless
device plan.
domyreminders
does not endorse or recommend the services of any
wireless carrier. The wireless carrier is solely
responsible for the services it provides to you.
Voicemail, E-mail and
instant message alerts that you receive on your
device may be delayed during transmission over the
Internet, or by other causes. The accuracy and
timeliness of any
domyreminders
Mobile service is not guaranteed or warranted by
domyreminders
or its suppliers. Please be sure to refer to the
appropriate alert terms for a specific
domyreminders
Service included in the Additional Terms if you
have questions about specific alerts.
BILLING
Charges on your Billing
Account
domyreminders
bills you through an online account (your "Billing
Account") for services and items obtained under this
Agreement (the "Products"). You agree to pay
domyreminders
all charges at the prices then in effect for any
Products ordered by you or other persons (including
your agents) using your Billing Account, and you
authorize
domyreminders
to charge your chosen payment method (your "Payment
Method") for such Products. You agree to make
payment using that selected Payment Method. Charges
on your Billing Account will be summarized for you
online (your "Online Statement"). You will have one
Online Statement per Billing Account.
domyreminders
reserves the right to correct any errors or mistakes
that it makes even if it has already requested or
received payment.
YOU MUST PROVIDE
CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR
BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS
ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO
KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND
ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS,
CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE),
AND YOU MUST PROMPTLY NOTIFY
domyreminders
IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS
OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL
BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
CHANGES TO SUCH INFORMATION CAN BE MADE AT
www.domyreminders.com
IF YOU FAIL TO PROVIDE
domyreminders
ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT
domyreminders
MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED
UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE
TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT
(CONFIRMED IN WRITING UPON REQUEST).
Currency exchange
settlements will be based on your Payment Method and
may be determined by agreements between you and the
financial institution, credit card issuer or other
provider of your chosen Payment Method (the "Payment
Method Provider"). If
domyreminders
does not receive payment from your Payment Method
Provider, you agree to pay all amounts due on your
Billing Account upon demand.
Prices for all Products
exclude all applicable taxes and telecommunication
charges, unless expressly stated otherwise. To the
extent permissible by law, you agree to be
responsible for any applicable taxes and
telecommunication charges, whether or not such
amounts are itemized on your Online Statement or
charged to your Billing Account or Payment Method.
You agree that
domyremindersmay
accumulate charges incurred and submit them as one
or more aggregate charges during or at the end of
each billing cycle.
domyreminders
MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE
PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST)
THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH
TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT
AFFECT CHARGES SUBMITTED BEFORE
domyreminders
REASONABLY COULD ACT. TO TERMINATE YOUR
AUTHORIZATION OR CHANGE YOUR PAYMENT
METHOD, GO TO
www.domyreminders.COM
Your non-termination or
continued use of the Products on your Billing
Account reaffirms that
domyreminders
is authorized to charge your Payment Method.
domyreminders
may submit those charges for payment and you will be
responsible for such charges. Those submissions will
not waive Domyreminders's right to seek payment
directly from you. Your charges may be payable in
advance, in arrears, per usage, or as otherwise
described when you initially ordered the applicable
Product.
Refund Policies
Subject to any withdrawal right you may have under
applicable law, charges are non-refundable unless
the price plan terms expressly say otherwise. Except
as otherwise required by law, the costs of any
returns if permitted will be at your expense.
Online Statement
Your Online Statement will be available monthly
after you log-in at
www.domyreminders.com
Subject to applicable law, you agree that the Online
Statement is the only statement of your Billing
Account that
domyreminders
needs to provide to you. YOU ALSO AGREE THAT IT IS
YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR
ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR
RECORDS. While you may request a paper copy of your
Online Statement, you will be charged a retrieval
fee. To request a paper copy of your Online
Statement, go to
www.domyreminders.com
Paper copies of your Online Statement will only be
provided for 120 days from the date of the Online
Statement.
domyreminders
will use commercially reasonable efforts to correct
any technical failures relating to an Online
Statement within a reasonable time; however, your
inability to view an Online Statement does not
extend, or relieve you of, your obligation to pay
any amounts owing to
domyreminders.
Unless you notify
domyreminders
of any error within 120 days after it first appears
in any Online Statement, such statement will be
deemed accepted by you for all purposes, including
resolution of inquiries made by your Payment Method
Provider.
TO THE EXTENT ALLOWED
BY LAW, YOU RELEASE
domyreminders
FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS
RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO
DOMYREMINDERS WITHIN 120 DAYS AFTER THE ERROR FIRST
APPEARS ON YOUR ONLINE STATEMENT.
Due Date: Late Charge; Collection Costs
The amount due to
domyreminders
for your Billing Account must be paid in full by
your Payment Method Provider on the date such
payment is requested by
domyreminders,
not later than 30 days after the billing date; you
are not entitled to carry forward a balance. You
agree to pay late charges that may be assessed by
domyreminders
on amounts due but not timely paid. The late charge
will be 1% per month (or 12% per annum) on the total
amount due but not paid; but if such rate is in
excess of any allowable rate under applicable laws,
then you will instead be charged the maximum rate
that is permitted by law.
domyreminders
reserves the right to refer your Billing Account to
a third party for collection in the event of
default. You agree to pay all costs incurred in the
enforcement of this Agreement and in collection of
any delinquent amounts due, including reasonable
attorneys' fees and costs.
Default
If
domyreminders
does not receive payment for any charge to your
Billing Account, you will be in default and
domyreminders
may suspend or cancel your Billing Account and your
access to any or all
domyreminders
Products. If your Payment Method Provider seeks
return of payments previously made to
domyreminders,
but
domyreminders
in good faith believes that you are liable for the
charge and applicable law allows the Payment Method
Provider to seek payment from you, you will also be
in default and
domyreminders
may cancel your Billing Account and your access to
any or all Products.
CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE
WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH
CANCELLATION OR
SUSPENSION,
domyreminders
MAY STOP DELIVERY OF ANY PRODUCT, AND ANY
INFORMATION YOU HAVE STORED ON A
domyreminders
SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
domyreminders
may, in its discretion, terminate, cancel, or
suspend an accepted order if
domyreminders
is notified that your Payment Method has expired or
has been canceled, or if
domyreminders
has reason to believe that any Billing Account
information provided to
domyreminders
is untrue, inaccurate, not current or incomplete.
Termination,
cancellation or suspension, whether by you or
domyreminders,
will not alter your obligation to pay all charges
made to your Billing Account before such
termination, cancellation or suspension (including
charges made after termination by you but before
domyreminders
could reasonably act on your termination notice).
You will not be entitled to any refunds upon
termination, cancellation or suspension unless the
applicable agreement expressly so provides.
General
You represent and
warrant that: (1) you are at least 18 years of age
or the age required or allowed under applicable law
for making a legal and binding contract; (2) all
information that you submit is true and accurate
(including without limitation information relating
to your Payment Method); and (3) you are an
individual (or in the case of an entity, an agent of
the entity) authorized to use the designated Payment
Method. You agree to pay for all charges (including
charges by other persons) and to comply with your
responsibilities and obligations as stated in this
Agreement. If you are an agent of an entity user,
you represent and warrant that you are duly
authorized to legally bind the entity to all terms
and conditions of this Agreement and that you have
made the entity aware of them. You agree not to
assign, transfer or sublicense any rights in your
Billing Account.
domyreminders
may: (1) generate print copies of its electronic
records and introduce them in evidence as original
documents; and (2) prove your agreement or consent
in any manner, including without limitation, by
showing that a procedure existed by which you must
have provided consent or engaged in conduct to
obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC
INFORMATION
Disclosure to Receive All Information in Electronic
Form
ALL INFORMATION THAT
domyreminders
IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE
SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO
YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND
PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS
"REQUIRED INFORMATION"), AND ANY OTHER INFORMATION
PROVIDED TO YOU FROM
domyreminders,
WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY.
domyreminders
WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN
ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL
ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR
SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS
AGREEMENT; (2) BY ACCESS TO A
domyreminders
WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE
SENT TO YOU AT THE TIME THE INFORMATION IS
AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW,
BY ACCESS TO A
domyreminders
WEB SITE THAT WILL BE GENERALLY DESIGNATED IN
ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper
copy of any Required Information previously provided
to you in electronic form by
domyreminders
for a period of one hundred and twenty (120)
calendar days from the date that
domyreminders
first provided the Required Information to you;
however,
domyreminders
may charge a reasonable fee for
providing such paper
copies. You may request paper copies by following
the instructions at
http://www.domyreminders.com
Hardware and Software Requirements
In order to receive
Required Information electronically from
domyreminders,
you must have an e-mail address and submit it to
domyreminders
upon sign-up for any subscription, service or other
item provided under this Agreement. Your computer
also must have an acceptable internet browser (such
as Explorer, Firefox or Netscape) an e-mail software
program capable of sending and receiving e-mail from
domyreminders
via the Internet. Finally, your computer must be
capable of receiving, accessing, displaying, and
either printing or storing, Required Information
received in electronic form from
domyreminders
via a plain text-formatted e-mail or by access to a
domyreminders
web site using one of the browsers specified above.
Changes to Hardware and Software Requirements
In the event that there are any changes to the
hardware and software
requirements listed
above that are likely to have a significant impact
on your ability to receive, access, display, store,
and print Required Information that
domyreminders
sends to you in electronic form,
domyreminders
will notify you of these changes. In such case, you
will be required to reconfirm your agreement to
receive, and your ability to access, such Required
Information in electronic form in order to avoid any
disruption in the subscriptions, services or other
items provided to you under this Agreement. You may,
however, always choose to withdraw your consent to
receive Required Information in electronic form
according to the instructions set forth at
www.domyreminders.com
without the imposition of any fees, but
domyreminders
may terminate your Billing Account and any
subscriptions, services or other items provided to
you if you do so.
Consent to Receive All Information in Electronic
Form
YOU AGREE THAT BY
ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT
TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER
INFORMATION PROVIDED TO YOU FROM
domyreminders,
SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM
THAT YOUR COMPUTER SATISFIES THE HARDWARE AND
SOFTWARE
REQUIREMENTS STATED
ABOVE FOR RECEIVING, ACCESSING, DISPLAYING,
PRINTING, AND STORING COPIES OF SUCH REQUIRED
INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED
domyreminders
A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED
INFORMATION. YOU MAY WITHDRAW YOUR CONSENT OR UPDATE
YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT
WWW.domyreminders.COM
AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF
YOU CHOOSE TO WITHDRAW THIS CONSENT,
domyreminders
MAY TERMINATE YOUR BILLING ACCOUNT AND ANY
SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO
YOU UNDER THIS AGREEMENT.