Terms of Service
Terms of Agreement
If you are under the age of 18, have a parent or guardian read and agree to our terms of service for you. You must have a parent or guardian read and agree to our terms. Underage users must have an adult’s permission before going online. If you are unable to have an adult or a guardian that can read and agree for you then you will not have permission to use our services.
MSCSNJ, LLC is a website services company that can provide a messaging platform integration for business, organization and personal websites. This service provides instant communication for owners, clients, customers and visitors to send quick, simple messages to any device.
Terms of Service changes
This Agreement may be updated, changed or modified at any time. We will be notifying you with the contact information you provided. If you decide not to comply with the new terms you will no longer be able to use our services. Use of MSCSNJ services in any way after being notified authorizes your acceptance of our modified terms and conditions. We have the right to suspend or discontinue any part of our services, introduce new features, limit features or restrict access to all or parts of our services at any time. Notice will be provided when any change to our services may adversely affect you.
By Agreeing to MSCSNJ’s Terms of Service you are affirming that you are at least 18 years old or, if you are not at least 18 years old, you have a parent or guardians’ permission to use our services, and that your parent or guardian has read and agreed to this Terms of Service on your behalf. All information you submit is accurate and truthful. You will maintain the accuracy of your information. if you’re agreeing to this Agreement on behalf of an organization or entity means you represent and are authorized to this Agreement on your organization or entity’s behalf and binds them to this Agreement (in which case, the references to “you” and “you’re” in these Terms, except for in this instance, refer to that organization or entity. You must also certify that you are legally permitted to use and access our services and take full responsibility for the selection, use of, and access to our services, including that you have permission to communicate and to interact with any person you choose through our services.
This Agreement is void where prohibited by law, and the right to access our services is revoked in such jurisdictions.
Use by children
The Children’s Online Privacy Protection Act (C.O.P.P.A.) requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children under 13 years of age. MSCSNJ only collects personal information through our services from a child under 13 where that student’s parent, guardian, authorized school, district and/or teacher has agreed, via the terms described below, to obtain parental consent for that child to use our services and disclose that personal information to MSCSNJ. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 1. MSCSNJ’s mechanisms and policies for compliance with C.O.P.P.A. meet or exceed the requirements of the European Union’s General Data Protection Regulation for the protection of the Personal Data of children.
For children under 13 we may collect a child’s name (first name and last initial), date of birth, email address or telephone number, and the child’s parent’s email address. We collect these in order to notify the parent that we may contact the child for the purpose of providing our services for which the child’s teacher, Organizer (as described below) or school administrator has signed up to use. Note that if the MSCSNJ account of a child under 13 is inactive for at least ninety days (3 months) Our policy is to delete any and all information associated with that child’s account. It is possible that after deletion some of the child’s data may persist in the files of MSCSNJ’s agents or service providers for some period of time until it is removed from their systems as well.
We may collect personal information through our services from a child under 13 but only in support of a learning environment. For MSCSNJ to collect personal information of this type, a student’s school, district or teacher must agree to obtain parental or guardian consent for that child to use any of our services. The student’s school, district or teacher may disclose that personal information to us for a legitimate educational interest.
If you are a school, district, or teacher, you represent that you are authorized and solely responsible for complying with C.O.P.P.A., this means you must obtain consent from all parents or guardians whose children are under the age of thirteen (13) that will be accessing our services. If you are a teacher, you represent that you are authorized by your school or district to use MSCSNJ services. You also represent that you are authorized to agree to these Terms on behalf of your school or district.
If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.
If we learn we have collected personal information from a student under the age of thirteen (13) other than agreed to above, or if it is discovered that a student under the age of thirteen (13) has provided us personal information beyond what we request, we will delete any and all information as soon as we become aware. If you believe that a student under the age of thirteen (13) may have provided us personal information in violation of this paragraph, please contact MSCSNJ.
Fees, Payments and Financial Responsibility for usage charges
Access to our websites are free but we offer many services that will require payment. MSCSNJ reserves the right to charge fees for our services. Invoices for services will notify you to charges for our services. Continued use of our services after notification of applicable fees constitutes your acceptance of any new or increased charges.
By using our services, you may receive e-mails or text messages on your devices causing you to incur charges or other fee costs in accordance with your wireless or data service plan. All of these charges, fees and costs are the sole responsibility of the account holder. Consult with your wireless carrier to determine what, if any, rates, charges, fees, or costs may apply to the use of our services.
Registration and security
As a condition to using our services, you may be required to register with MSCSNJ by selecting a password and providing your name and a valid email address to MSCSNJ with accurate, complete, and updated registration information. You cannot select or use the name or email of another person with the intent to impersonate that person; or use a name subject to any rights of any person or entity other than you without appropriate authorization.
MSCSNJ reserves the right to refuse registration of or to cancel an account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of MSCSNJ. Any violation of these conditions may result in immediate termination of your account, revocation of our services use, and may subject you to state and federal penalties and other legal consequences. MSCSNJ reserves the right, but will have no obligation, to investigate your use of our services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive messages
Through some of our services you will receive communications including messages that MSCSNJ sends to you via SMS, emails, and push notifications. Clients of our services will receive a welcome email with instructions and information. Signing up for services acknowledges that you agree to receive communications from MSCSNJ. If you connect to or use any third-party services in conjunction with MSCSNJ, you acknowledge and consent to receive notifications and messages from those third-party services. You agree to indemnify and hold MSCSNJ harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please contact MSCSNJ by email or text. Non US residents may opt out of receiving messages including text messages and emails. Although you may still receive text message and email communications necessary for our services, exempt from anti-spam laws. In compliance to and as an option to opt-out of receiving text messages send the keyword STOP. Additional information and text keywords we use are in the new services welcome email.
Receive Emergency Messages Consent
Additionally, you may receive communications through our in an emergency via SMS text messages, emails, push notifications, or a phone call. Signing up for services means you agree to receive emergency communications from MSCSNJ whenever it is determined circumstance merit it. If you connect to or use any third-party services with MSCSNJ, you acknowledge and consent to receive notifications and messages from those third-party services. Because MSCSNJ does not control whether to send or not send an emergency notification, MSCSNJ cannot be held responsible for your receipt of, or failure to receive an emergency message. MSCSNJ is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. It is your responsibility to determine what, if any, actions to take in the event of an emergency or in a response to an emergency message you receive through MSCSNJ. You agree to indemnify and hold MSCSNJ harmless for and against any and all claims. Liabilities, damages (actual and consequential), losses and expenses (including attorney fees) arising from or in a way related to your receipt of emergency messages or your failure to receive an emergency message.
You agree that you may only use our in accordance with MSCSNJ’s Privacy & TOS.
All materials are protected by copyright and other intellectual property laws these include but are not limited to; text, graphics, data, articles, photographs, images, illustrations, submissions and any other website content. Our services are for your own use non-commercially. You may not use our services as a separate business. Our services can only be in use and in accordance with the terms of this Agreement and all laws that apply. MSCSNJ is not responsible for your use of our services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through our services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content, third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or use our services in any way that violates anyone else’s, including MSCSNJ’s rights.
You will not link to our services without MSCSNJ’s prior written consent, except in accordance with the terms of this Agreement.
Under no circumstances will MSCSNJ be liable in any way for any Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with your use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via our services.
Restrictions & Responsibilities
You agree that you will not contribute any content or otherwise use or encourage anyone else to use our services in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; violates any law, statute, ordinance or regulation; or is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by MSCSNJ; jeopardizes the security of your account in any way, such as allowing someone else access to your account or password; attempts, in any manner, to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes; run Mail-list or any other form of auto-respond or spam on our services or any processes that run or are activated while you are not logged into our services, or that otherwise interfere with the proper working of our services including the placing an unreasonable load on our services and its infrastructure; any type of crawl, scrapes, or spiders that gathers data on any page, data, portion of, relating to our services or content through the use of manual or automated means; any means that copies or stores any significant portion of content; use of de-compilers, reverse engineering, any attempts to obtain source code, the information of or relating to our services and the products of MSCSNJ’s third party service providers.
MSCSNJ reserves the right to terminate access to the published or unpublished APIs of any third-party application or service.
MSCSNJ reserves the right to remove content from our services at any time, for any reason including, but not limited to, claims or allegations relating to content or if MSCSNJ is concerned that you may have breached our terms and conditions for any reason. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise provide using, or in connection with, our services and you authorize that you have acquired all the rights necessary to provide content to MSCSNJ and to grant MSCSNJ the rights of its use.
You will be responsible for obtaining, maintaining any equipment, ancillary services, compatibility needs, connections, and access for use with our services. These include any physical hardware, software, long distance and local telephone services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with our services.
Under American copyright law online service providers such as MSCSNJ have the right to remove material that violates or allegedly violates a copyright. With respect to intellectual property rights, we reserve the right to delete or disable any alleged content and to terminate the accounts of repeat alleged infringers.
Information source Copyright Law of the United States
Third party service providers
Our services may have links to third party websites, products or services not owned or controlled by MSCSNJ. Access to third-party services are done at your own risk. Always read the terms, conditions and privacy policies of any third-party service you intend to use.
MSCSNJ assumes no responsibility for content, accuracy, privacy policies, practices or opinions expressed in any third-party service. MSCSNJ cannot monitor, verify, censor or edit content of any third-party service. In the use of our services, you expressly relieve and hold harmless MSCSNJ from any and all liability arising from your use of ours or any third-party Services.
Your interactions with organizations and/or individuals found on or through our services, including payment, delivery of goods or services, other terms, conditions, warranties and representations associated with such dealings are solely between you the organizations and/or individuals. You agree that MSCSNJ will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between MSCSNJ users, or between MSCSNJ users and any third party, you understand and agree that MSCSNJ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MSCSNJ, its officers, employees, agents, and successors in rights from claims, demands, and damages, actual and consequential, of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Warranty & Disclaimer
MSCSNJ has no special relationship with or fiduciary duty to you. You acknowledge that MSCSNJ has no control over, and no duty to take any action regarding which users gains access to our services; the content you access via our services; what effects the Content may have on you; how you may interpret or use content; or what actions you may take as a result of having been exposed to content. You release MSCSNJ from all liability for you having acquired or not acquired content through our services. Our services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. MSCSNJ makes no representations concerning any content contained in or accessed through our services, and MSCSNJ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our services. MSCSNJ makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products, including any content provided by users, offered or purchased through our services. Products and services purchased or offered are provided as is without any warranty or condition of any kind, either express or implied, from MSCSNJ or anyone else. Services, content, and any software provided as is without warranties or conditions of any kind, either express or implied, including without limitation implied warranties of merchandise, quality, fitness, for a purpose, non-infringement, or the use of our services will be uninterrupted or error free. There are some jurisdictions that do not allow limitation on how long an implied warranty last so the above limitations may not apply to you.
You will indemnify, defend and hold MSCSNJ, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of our services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MSCSNJ OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO OUR SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO MSCSNJ HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY MATTER BEYOND MSCSNJ’s REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use our services. You may terminate your use of our services or your account at any time by deleting your account in the client account panel or by contacting us at MSCSNJ/contact. MSCSNJ may disable or terminate your access to our services or your account at any time, for any reason or for your violation of any term of this Agreement or without cause, and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use our services and content will immediately cease; however, MSCSNJ may retain messaging data or other data and information pursuant to this agreement, necessary for auditing purposes, and as required by law. Deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time on all computers everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey without regard to the conflict of law’s provisions thereof, unless a state’s laws explicitly require that any legal disputes are governed by the laws of that state.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. MSCSNJ will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MSCSNJ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensed by you except with MSCSNJ’s prior written consent. MSCSNJ may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This agreement and any subsequent versions of this agreement posted to our services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this agreement and you do not have any authority of any kind to bind MSCSNJ in any way whatsoever.
DESCRIPTION OF SERVICE. MSCSNJ, LLC provides website services that can include SMS mobile messaging capabilities. MSCSNJ assumes no responsibility for the timeliness, deletion, missed delivery or failure to store any user communications or personalized settings. You are responsible for obtaining access to our services, subsequent usage may involve third party fees such as Internet access.
YOUR REGISTRATION OBLIGATIONS. In consideration of your use of our services, you affirm that you are of legal age to form a binding contract and are not a person barred from receiving any of our services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by our registration form. The registration data must be maintained and promptly updated to keep it true, accurate, current and complete. Providing any information that is untrue, inaccurate, not current, incomplete, or if MSCSNJ has reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete, MSCSNJ has the right to suspend or terminate your account and refuse any and all current or future use of our services.
PAYMENT AND FEES.
- Payments by Credit Card, PayPal, Stripe, Bitcoin, etc. When applicable you hereby authorize MSCSNJ to charge payees credit card or receive payments as set forth in the payment section of our services order form to a single, set or monthly service fees, including overage fees to MSCSNJ at the rates set forth on the agreed upon rate.
- Pass Through Cost. If at any time after execution of this Agreement, a Service Provider or other Third-Party changes the Third-Party Charges on provisioned phone numbers then MSCSNJ, at its discretion, may pass through such fees to you at cost.
MEMBER ACCOUNT, PASSWORD AND SECURITY. You (the “MEMBER”) will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify MSCSNJ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MSCSNJ cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
MEMBER CONDUCT AND MEMBER CERTIFICATIONS AND GUARANTEES
- You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other content materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which said content originated. This means that you, and not MSCSNJ, are entirely responsible for all any and all content that you upload, post, email, transmit or otherwise make available via or services. MSCSNJ does not control content posted through our services and, as such, does not guarantee the accuracy, integrity or quality of any content. Under no circumstances will MSCSNJ be liable in any way for any content, including, but not limited to, errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via our services.
MSCSNJ is solely a facilitator of the website and message traffic and has no visibility into or control over individual content or messages transmitted through MSCSNJ and has no responsibility or liability with respect to the content of any individual message. Except that MSCSNJ may filter & screen your messages, block your campaigns or account due to any message keywords that MSCSNJ has determined in its sole discretion, may violate an applicable, rule, regulation, or law.
You agree to not use our services
You agree to not use our services to upload, post, text message, email, transmit or otherwise make available any illegal contests, gambling, unsolicited or unauthorized advertising, promotional materials including; junk mail, spam, chain letters, pyramid schemes. You agree not to use any form of solicitation including but not limited to; the upload, post, text message, email, transmission or in any way make available any adult content or content that is unlawful. Any harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene and libelous. Being invasive of another persons privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under 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 which violates the intellectual property rights of a third party.
Additionally you agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our services. Upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment.
You agree to not use our services to talk or otherwise harass another person, persons or entity; using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of our services; using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of our services. The sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; 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 at 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.
You agree to not use our services for any of the following:
- 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 y other harmful/deleterious programs;
- Interfering with, or disrupting, networks connected to our services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to our services, other accounts, computer systems or networks connected to our services, through password mining or any other means;
- Abusing the fair use policy, what is determined to be abuse in the sole discretion of MSCSNJ;
- Interfering with another users use and enjoyment of our services or MSCSNJ Sites;
- Engaging in any other activity that MSCSNJ believes could subject it to criminal liability or civil penalty/judgment.
- You acknowledge that MSCSNJ may or may not screen content, but that MSCSNJ and its duly authorized representative shall have the right and sole discretion to screen beforehand, refuse, or move any content that is available via our services. Without limiting the foregoing, MSCSNJ and its appointee shall have the right to remove any Content that violates this agreement or is otherwise objectionable.
- You acknowledge, consent and agree that MSCSNJ may access, preserve, and disclose your account information and its content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MSCSNJ, its users and the public.
- You understand and agree that all messages you send via the MSCSNJ service will be sent, and certify that any subscriber list you decide to import into MSCSNJ was collected, in compliance with all applicable federal, provincial, state, and local laws, regulations, and rules governing SMS messages, advertising, and telemarketing, including, without limitation, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, all federal and state Do Not Call and calling-time restriction laws and regulations, and, as applicable for SMS to Non-US numbers, the C.R.T.C.’s Unsolicited Telecommunications Rules, including the C.R.T.C. Telemarketing Rules, National D.N.C.L. Rules, and Automatic Dialing and Announcing Device Rules, Telecom Decision C.R.T.C. 2007-48, as amended.; and all applicable industry guidelines and best practices, including, without limitation, the C.T.I.A. Short Code Monitoring Handbook and Messaging Principles and Best Practices (collectively, “Applicable Message Requirements”). MSCSNJ provides the software and carrier-connectivity through which you send your messages; you are solely and exclusively responsible for complying with Applicable Message Requirements (and for defending and indemnifying MSCSNJ from any claims in which it is alleged that you failed to do so). If for any reason MSCSNJ suspects that your use of its Services in any way is contrary to any Applicable Message Requirements, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list provided you prior express written consent to receive text messages from you of the type that you had sent. You agree to provide all such information and documents reasonably requested by MSCSNJ. MSCSNJ reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension and/or cancellation of the account, without any liability to you therefor.
- You represent and warrant that you are aware that, among other requirements, the T.C.P.A. requires prior express written consent from a consumer before you can send them marketing text messages using an auto-dial-er, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. Furthermore, damages for each message sent in violation of the T.C.P.A. is $500 and can be $1500 if the violation is proven to be “willful and knowing.”
- You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages, and that you will promptly process all such do-not-text or do-not-call requests and maintain those numbers on your internal do-not-call/text list.
- You shall schedule your messages 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, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through our services, you must consult with your attorney prior to your use of the MSCSNJ Sites or Services.
- You affirm that you are authorized and have procured all rights and licenses necessary to use and text enable those Phone Numbers utilized for MSCSNJ services. In the case of shared use Phone Numbers, you expressly represent that you are the Phone Number Owner.
DOWNTIME & REFUND POLICY
For purposes of this Agreement, a Unit of Downtime is one period of at least 3 hours during which access to MSCSNJ.COM is unavailable due to a problem with hardware or system software.
Downtime does not include:
- Problems caused by factors outside of our reasonable control
- Problems resulting from any actions or inaction by you or any third-party
- Problems resulting from your equipment and/or third-party equipment not within our sole control, or
- Network unavailability during scheduled maintenance of our network and/or web servers.
Downtime guarantee, restrictions & limitations
- In any calendar month, we guarantee no downtime excluding, however, regularly scheduled maintenance. Regularly scheduled maintenance will be performed during the hours of 4am and 8am. We work to ensure the functioning of all servers, websites and services through continuous monitoring.
- If Downtime exceeds a four-hour period in any calendar month, complete a written request and we will credit your account the amount equal to the pro rata price for one (1) day of service each instance of Downtime as defined in the terms above.
- To receive Downtime Credit, you must request such credit by sending an email to support@MSCSNJ.com within 24 hours of the downtime occurrence.
- If you are unhappy with any aspect of our service, please contact us and we will attempt to rectify the situation. Service begins with account creation and no refunds will be made if we terminate your account due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
No credit for suspension periods.
CONTENT SUBMITTED OR MADE AVAILABLE THROUGH OUR SERVICES. MSCSNJ does not claim ownership of any content you submit or make available for inclusion on our services. However, with respect to any content you submit or make available for inclusion on publicly accessible areas on any of our services, you grant to MSCSNJ the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any content on our services and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting our service to which any content was submitted or made available.
INDEMNITY. You agree to indemnify and hold MSCSNJ, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders 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 any content you submit, post, transmit or make available through our service, your use of our services, your connection to our services, your violation of this Agreement, your violation of any rights of another, or your violation of any law.
GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that MSCSNJ may establish general practices and limits concerning use of our services but that MSCSNJ has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by our services.
MODIFICATIONS TO SERVICE. MSCSNJ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that MSCSNJ shall not be liable to you or to any third-party for any modification, suspension or discontinuance of our services.
TERMINATION. You agree that MSCSNJ may, under certain circumstances and without prior notice, immediately terminate your MSCSNJ account, any associated website services, text message address and/or email address, and access to our services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our services (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with our services. You may terminate your access and use of our services upon prior written notice to MSCSNJ. In no event shall you be entitled to a refund of any fees paid to MSCSNJ hereunder.
MSCSNJ’S PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to our services shall remain the sole and exclusive property of MSCSNJ. MSCSNJ retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, de compile, disassemble, or otherwise attempt to determine source code or protocols from our services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of our services (including your MSCSNJ I.D., account, account designation, password and other MSCSNJ information), use of our services, or access to our services.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSCSNJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED
- MSCSNJ MAKES NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSCSNJ OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSCSNJ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSCSNJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OUR SERVICES; (b) 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 OUR SERVICES; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSCSNJ’s service providers disclaim all liability with regard MSCSNJ’s customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of our services provided under this Agreement. You hereby release MSCSNJ’s service providers from and against all claims, liability and damages arising out of or related to Company Customer’s use of our services provided under this Agreement. Company Customer will be solely responsible for any third-party claims, damages and liability arising out of, resulting from or caused by Company Customer’s use of our services provided under this Agreement including, without limitation, any claims, damages and liability arising out of, resulting from or caused by any Message or Content generated by Company Customer.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE. MSCSNJ may provide you with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on our services.
TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of MSCSNJ are trademarks of MSCSNJ, LLC (the “MSCSNJ”). You agree not to display or use in any manner, the MSCSNJ without MSCSNJ’s express prior written consent.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. MSCSNJ respects the intellectual property of others, and we ask our users to do the same. MSCSNJ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to MSCSNJ’s Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement should be addressed to: MSCSNJ, LLC PO BOX 420 Newtonville, New Jersey, 08346 ATTN: MSCSNJ Legal c/o MSCSNJ, LLC. You may also email us: legal@MSCSNJ.com.
Choice of Law and Forum. This Agreement and the relationship between you and MSCSNJ shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and MSCSNJ agree to submit to the personal and exclusive jurisdiction of the courts located within Atlantic City, New Jersey.
Waiver and Sever-ability of Terms. The failure of MSCSNJ to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Non-Transfer ability. You agree that your MSCSNJ account is non-transferable, and this Agreement may not be assigned by you without MSCSNJ’s prior written consent.
Entire Agreement. This Agreement constitutes the entire agreement between you and MSCSNJ and governs your use of our services, superseding any prior agreements between you and MSCSNJ with respect to our services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from MSCSNJ.