MsgItOut is providing users ("User") with access to its telephone messaging services and web site, (the "MsgItOut Service"), subject to the terms and conditions of this User Agreement (the "Terms of Use"). Any new features, changes, updates or improvements of the MsgItOut Service, and the availability of new MsgItOut services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
Please read the User Agreement carefully before using or registering for the MsgItOut Service. By using or registering for the MsgItOut Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the MsgItOut Service.
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the MsgItOut.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current MsgItOut Service, including the release of new MsgItOut properties, shall be subject to the User Agreement. You understand and agree that the MsgItOut Service is provided "AS-IS" and that MsgItOut assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the MsgItOut Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
By using or registering for the MsgItOut Service you acknowledge that you have read and accept the Privacy Policy. Before using or registering for the MsgItOut Service, please carefully read the MsgItOut Privacy Policy. A link to the MsgItOut Privacy Policy is on the bottom of each page of MsgItOut.com.
If members of your group do not wish to receive messages, they may visit our website and click ‘Opt Out’ on the home page of the web site. Alternatively, you may notify MsgItOut of your request for the removal of a telephone number from a calling list by sending an e-mail to info@msgitout.com with subject of "Remove" or by writing to: MsgItOut, P.O. Box 285, Kimball, SD 57355 . If no specific calling list is specified, the number will be blocked from receiving calls from any MsgItOut user. Our Do Not Call list applies even if a calling list is uploaded to our system by a client and is not stored in our database.
You agree, as a condition of your use of the MsgItOut Service, to provide MsgItOut with accurate and complete information when registering for or using the MsgItOut Service, and to update and maintain such information. MsgItOut has the right to suspend, restrict or terminate your use of the MsgItOut Service and to refuse any future use of all or portions of the MsgItOut Service if MsgItOut has reason to believe that you have failed to comply with these requirements.
If you are under the age of eighteen, you are prohibited from using or registering for the MsgItOut Service with out a parent/gardian permission. By using or registering for the MsgItOut Service, you warrant to MsgItOut that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the MsgItOut Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the MsgItOut Service is inappropriate for your child.
a) Voice Broadcasting - MsgItOut delivers voice messages anywhere within the contiguous forty eight (48) states of the United States, Hawaii, Puerto Rico, and Canada. Messages CANNOT be delivered to Alaska.
b) Text Broadcasting – Your receipt of text messages may result in standard messaging charges from your cellular service carrier. Additionally, your group members may incur charges when you initiate text broadcasts. MsgItOut is not responsible for any charges that you or your group may incur from use of our service.
MsgItOut sends text messages within the United States \only, excluding Puerto Rico. MsgItOut’s network may not include all cellular carriers in the United States and Canada, and may result in undelivered messages.
When you are registered, you will establish a Username and passowrd. You are responsible for protecting the confidentiality of your Username and passowrd, and you are fully responsible for all activities that occur under your Username.
You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify MsgItOut of any loss, compromise or unauthorized use of your Username and passowrd or any other breach of security. You may notify MsgItOut by sending an e-mail to info@msgitout.com subject "Account" or by writing to: MsgItOut, P.O. Box 285, Kimball, SD 57355 . MsgItOut will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username and passowrd.
You agree and consent that MsgItOut may record oral or voice communications, utterances, conversations or commands, made by you during the use of the MsgItOut Service. By using the MsgItOut Service, you expressly consent and grant to MsgItOut the right to record and use these recordings. If you do not authorize MsgItOut to make or use these recordings, you may not use the MsgItOut Service.
MsgItOut is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that MsgItOut is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the MsgItOut Service.
You agree that MsgItOut may limit your use of the MsgItOut Service, including without limitation the frequency and duration for which you may access the MsgItOut Service, and that MsgItOut has no responsibility or liability for any unavailability or limitation on use of the MsgItOut Service. In addition, MsgItOut reserves the right at any time to limit: access to, modify, change or discontinue the MsgItOut Service, or any part thereof, with or without notice. You agree that MsgItOut shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MsgItOut Service. You acknowledge and agree that MsgItOut may establish general practices and limits, which may not be published, concerning the use of the MsgItOut Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the MsgItOut Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that MsgItOut has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the MsgItOut Service. You acknowledge that MsgItOut reserves the right to terminate any inactive or dormant account(s). You agree and MsgItOut reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
As a condition of your use of the MsgItOut Service, you agree and warrant to MsgItOut that you will not use the MsgItOut Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the MsgItOut Service in any manner that could damage, impair, disable or overburden the MsgItOut Service, interfere in any way with MsgItOut’s rights, interfere in any way with any other user's use and enjoyment of the MsgItOut Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to MsgItOut that:
MsgItOut will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to MsgItOut (and our customer base) in numerous ways including, but not limited to, damaging the MsgItOut brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. MsgItOut retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by MsgItOut; then you agree to pay MsgItOut liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your MsgItOut account; otherwise, you agree to pay MsgItOut's actual damages, to the extent such actual damages can be reasonably calculated by MsgItOut.
User agrees that all marketing or sales related text messages will comply with policies and guidelines for the Mobile Marketing Association. More information can be found at http://mmaglobal.com/policies.
MsgItOut Text Info allows mobile subscribers to opt-in to receive news and information about the MsgItOut and its products through SMS messages straight to the subscriber's phone.
There are no premium charges associated with MsgItOut; however message and data rates may apply.
For support or information about our MsgItOut You can email us at info@msgitout.com or call 1 (866) 722-0312.
MsgItOut's top priority is the privacy of our users. The following is provided to address any concerns you may have.
If you have any questions, please send us an email to info@msgitout.com
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the MsgItOut Service will not cause MsgItOut to violate these or other similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the MsgItOut Service will not cause MsgItOut to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which MsgItOut Services will be applicable. User understands and agrees that MsgItOut will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the MsgItOut Service.
As part of the MsgItOut Service, MsgItOut may offer User access to communications, media and commerce services. MsgItOut does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the MsgItOut Service. You acknowledge that the MsgItOut Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that MsgItOut has no obligation to screen, preview, or monitor such Content. By using the MsgItOut Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the MsgItOut Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will MsgItOut be liable in any way for any Content, including, but not limited to, for any 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 sent, accessed, posted or otherwise transmitted via the MsgItOut Service.
MsgItOut may make identifiable information available to our employees and third parties with whom we contract. In addition, MsgItOut may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that MsgItOut may make such uses of information you provide or MsgItOut collects.
While MsgItOut is committed to protect your privacy, MsgItOut does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that MsgItOut may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of MsgItOut, its users or the public. MsgItOut does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that MsgItOut, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
The basic account fees ("Service Fees") shall be provided at the rates set out in the MsgItOut pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. MsgItOut may modify subscription Service Fees at renewal periods.
Service Fees for subscription users of the MsgItOut Service will be automatically charged on the first day of each month to the credit or debit card on file for User.
If for any reason payment is not effected through User's credit or debit card and payment becomes past due, MsgItOut will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that MsgItOut may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, MsgItOut reserves the right to immediately and without notice terminate the account of any User with a past due balance.
MsgItOut reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree and MsgItOut retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If MsgItOut determines that an account is abusing the unlimited usage privilege, MsgItOut may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. MsgItOut reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of MsgItOut.
MsgItOut may permit User to use the MsgItOut Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a MsgItOut messaging package or subscription as described on the MsgItOut web-site. MsgItOut reserves the right to terminate the account of any free trial User at any time.
MsgItOut Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the MsgItOut.com website. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to info@msgitout.com subject "cancel". WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.
MsgItOut per-call service plans will expire after one hundred eighty (180) days of inactivity or upon exhaustion of the messages. Inactivity is defined to mean that User has neither purchased an additional per-call plan, nor initiated a broadcast. MsgItOut per-call service plans are non-refundable.
The MsgItOut Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the MsgItOut Service. MsgItOut does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. MsgItOut is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve MsgItOut.
You agree that MsgItOut is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
YOU AGREE THAT:
A. IF YOU USE THE MSGITOUT SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE MSGITOUT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSGITOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR MSGITOUT.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. MSGITOUT DOES NOT WARRANT THAT (i) THE MSGITOUT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MSGITOUT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MSGITOUT SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MSGITOUT SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR MSGITOUT COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE MSGITOUT SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE MSGITOUT SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM MSGITOUT OR THROUGH OR FROM THE MSGITOUT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT MSGITOUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MSGITOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE MSGITOUT SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MSGITOUT SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE MSGITOUT SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MSGITOUT SERVICE.
You agree to indemnify, defend and hold harmless MsgItOut, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that the MsgItOut Service and any necessary software used in connection with the MsgItOut Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the MsgItOut Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the MsgItOut Service, except as set forth herein. MsgItOut, the MsgItOut logo and other MsgItOut logos, product and service names may be trademarks, service marks or other intellectual property of MsgItOut (the "MsgItOut Marks"). You agree not to display or use the MsgItOut Marks in any manner without the prior, express written permission of MsgItOut.
You agree that MsgItOut may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the MsgItOut.com web site or through the MsgItOut Service.
The User Agreement governs your use of the MsgItOut Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and MsgItOut. They supersede any prior agreements between you and MsgItOut. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights MsgItOut possesses with respect to this User Agreement.
The User Agreement and the relationship between you and MsgItOut shall be governed by the laws of the State of South Dakota without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MsgItOut Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with MsgItOut exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Sioux Falls South Dakota. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by MsgItOut to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.