Extreme SMS Terms and Conditions / Usage Policy
Last Updated - Jan 23, 2017
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website or software and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", “Extreme SMS”, “Matherne’s Consulting Inc.“ refers to our Company, Matherne’s Consulting Inc, Extreme SMS. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You represent and warrant that the owners of the phone numbers you provide to Extreme SMS, to which outbound messages are sent through the Service, have consented or otherwise opted-in to the receipt of such messages. You acknowledge and agree that you will send messages only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or from the Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages transmitted through Extreme SMS. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, and campaigns transmitted through Extreme SMS by visiting the following websites:
• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
• DoNotCall Registry Info, http://www.donotcall.gov
The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls.
Extreme SMS is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.
You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.
As part of the registration process you will select a unique username and password. You shall provide Extreme SMS with accurate, complete, and regularly updated member profile information. You agree to notify Extreme SMS of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at Extreme SMS's sole discretion, and you may be reported to appropriate law-enforcement agencies.
You accept that the Service is provided for professional use only, and you agree that your use of the Website or Service shall not include:
• Sending unsolicited marketing messages (i.e. spam);
• Harvesting, or otherwise collecting information about others, without their consent;
• Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
• Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; • Interfering with another's use and enjoyment of the Service or Website; or
• Engaging in any other activity that Extreme SMS believes could subject it to criminal liability or civil penalty/judgment.
You agree that Extreme SMS is, under no circumstances, responsible for the contents and/or accuracy of your messages and Extreme SMS will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. Matherne’s Consulting Inc. will not be liable for any misuse of the Service by you. Matherne’s Consulting Inc is not responsible for the views and opinions contained in any of your messages or broadcasts.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages and software that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of Extreme SMS, Matherne’s Consulting Inc. or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service, Software or Website, including any proprietary communications protocol used by the Service, Software or Website.
You agree that you will include clear opt-out/unsubscribe information on every text message you send through Extreme SMS's software systems and that your messages and advertising conform to all applicable guidelines we are subject to. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.
As we are dependent on other entities for the delivery of our messages, our price may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.
No Warranty, Limitation of liability
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Termination of Agreement / Refund Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
If you have any questions about this policy, please do not hesitate to direct care firstname.lastname@example.org or fill out the contact form and we will contact you.
You acknowledge that acceptance of this policy is a condition to your use of our services and you agree to be bound by all of its terms and conditions.