MESSAGEbuzz TERMS & CONDITIONS OF USE
MESSAGEbuzz Inc. provides its "Mobile Marketing" service solely to enable businesses and organizations a communication tool to collect user mobile numbers and to create, manage and track text messaging services referred to in these Terms and Conditions of Use as the "Products."
MESSAGEbuzz’s Products may not be used for the sending of unsolicited messaging (sometimes called "spam"). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.
The following are the terms and conditions of Use for access to this web site and use of the Products. By clicking the ‘I accept' button on the sign-up page, by logging in to your MESSAGEbuzz Spearhead account, by accessing this web site or by accessing the MESSAGEbuzz services via any API interface, you accept these Terms and Conditions of Use.
Site Access & User Conduct
MESSAGEbuzz Inc. grants you a limited license to access. As a self-service application, You alone understand, acknowledge and agree, that You,
- Are responsible for the contents of your message.
- You certify that the mobile numbers you enter or upload in your subscriber list, those subscribers have given you permission to send them text messages. Plus, You are responsible for your subscribers, the management of them and are solely responsible for not sending messages to un-authorized subscribers.
- That you will not use our service for chain text, junk text, "spamming" to send any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) violates the copyright, patent, trade secret or any other rights of another party; or (c) otherwise gives rise to liability or violates any other applicable law. If We become aware of or determine, in our sole discretion, that you are violating any of our Terms of Use, we may modify or terminate your privileges, with or without notice to you.
- Use of our Services are subject to fees ("Paid Services") once your free trial period has lapsed or has exceeded the test message limit.
- will adopt and maintain the Mobile Marketing Association’s Code of Conduct.
Usage and Monitoring
You may use the Site only as intended by MESSAGEbuzz Inc. While MESSAGEbuzz Inc. has no obligation to monitor the site and is not responsible for your conduct, MESSAGEbuzz Inc. reserves the right to suspend, prohibit, deny access, edit, or take other appropriate action with respect the Services it believes may be (or is alleged to be) in violation of the Terms of Use foregoing to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
Free Trial, Fees and Payment
If you used a free trial and once it is completed or has exceeded the free message limit, You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be unavailable until payment is received.
The Fees are based on the Package chosen and other associated Services you select. You are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by MESSAGEbuzz Inc. The Pricing Schedule, including text messages fees, is subject to change at any time at MESSAGEbuzz Inc.'s discretion. MESSAGEbuzz Inc. will attempt to notify you 30 days in advance of any change to the Pricing Schedule.
Payment for Services will be made by a valid credit card. Fees are payable in US dollars. If you have previously provided your credit card for payment, you hereby authorize MESSAGEbuzz Inc. to charge your credit card for such amounts. Amounts paid for the Services are not refundable.
You acknowledge and agree that you are responsible for paying Fees for all text messages sent through MESSAGEbuzz Inc., regardless of whether delivery of such messages to their intended recipients is delivered, prevented or possibly blocked by any third party.
Additional service(s) from MESSAGEbuzz are available and will be individually quoted. We will not commence such service(s) until a confirmation of such is agreed in writing prior to by You and Us and payment for the Services has been made.
Service
Access to Our web-based application, Spearhead, found at MESSAGEbuzz.com to conduct in-bound/out-bound Short Message Service capabilities through the use of Our non-premium shortcode. Shortcode is defined as the 5 or 6 digit text number that has been dedicated to MESSAGEbuzz and certified on the following carriers in order to deliver Our Short Message Service (Alltel, Boost, CellularOne, AT&T, Dobson, Nextel, Sprint, T-Mobile, US Cellular, Verizon, Virgin US and any other carrier with which We prospectively have the ability to send and receive text messages to subscribers), hereinafter also referred to as “Carrier” or “Carriers”.
Unavailability of Service
MESSAGEbuzz may be unavailable for numerous reasons such as to implement changes, upgrades and maintenance. We will use reasonable endeavors to perform the activities which requires the unavailability of the services, or which is reasonably likely to have an adverse effect upon the services between the hours of: 11pm – 3am Central Standard Time. In the case of un-planned maintenance MESSAGEbuzz shall provide as much advance notice to clients as is reasonably commercially practicable. MESSAGEbuzz shall use its reasonable endeavors to conduct these activities under this paragraph to minimize adverse impact on clients. In the event Services are unavailable for an extended period, more than 4 hours per month, Your fees will be adjusted on a prorate basis which will be a factor computed by taking the total hours in such month or months less the number of hours MESSAGEbuzz is unavailable divided by the total hours of such month or months.
You are using a shared short code because you either chose to or could not afford a dedicated one. Although a shared shortcode is one of the most affordable and quickest ways to setup an SMS Service, it must be remembered that as the shortcode is shared there is always the risk of the code being suspended because of another customer's actions. MESSAGEbuzz will try to perform pre-sales checks on all clients, but we cannot guarantee that there will never be a loss of service. If you require absolute reliability, MESSAGEbuzz recommends that You use a dedicated shortcode which We can acquire on your behalf.
Restrictions and Responsibilities
- You are the sole proprietor and user of Your account and subscriber information. MESSAGEbuzz will for no reason utilize the account or information for its own purposes or that of others, unless specified by You in writing or required by law. MESSAGEbuzz ensures the data is protected through a secure user name and password access point. Subscriber’s personal data is encrypted when stored and for data protection an offsite back-up is created every 24 hours.
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
- Unless you are authorized by MESSAGEbuzz Inc., you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by MESSAGEbuzz Inc. in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
- You acknowledge and agree that the Services and the MESSAGEbuzz Inc. company names and logos and all related product and service names, design marks and slogans, are the property of MESSAGEbuzz Inc. or its affiliates or suppliers. You are not authorized to use any of the Names and Logos in any advertising, publicity or any other commercial manner without the prior written consent of MESSAGEbuzz Inc. Your use of the Services confers no title or ownership in the Services, the Software or the Names and Logos and is not a sale of any rights in the Services, the Software or the Names and Logos.
- The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the Code of Conduct, the United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
- If you receive special discounts, MESSAGEbuzz Inc. reserves the right to change those discounts at anytime. In the case of any change in status, discounts may no longer apply.
Eligibility
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
Security
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time available in the My Account page in the MESSAGEbuzz application. You agree to notify MESSAGEbuzz Inc. immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform MESSAGEbuzz Inc. Customer Service of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until MESSAGEbuzz Inc. is notified by speaking with one of us of a breach in security, you will remain liable for any unauthorized use of the MESSAGEbuzz Inc.'s Service through your account. In consideration for using the MESSAGEbuzz Inc.'s Service, you agree to: (1) provide certain current, complete, and accurate information about you and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Account page sign-up is inaccurate, MESSAGEbuzz Inc. reserves the right to terminate your account immediately and your right to use the MESSAGEbuzz Inc. Service.
No Endorsement
Links to other web sites do not imply an endorsement of the materials disseminated by publishers at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. MESSAGEbuzz Inc. is not responsible for the materials contained at any web site linked to this site.
Disclaimer
EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN, THE SERVICES OFFERED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. MESSAGEbuzz Inc. reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at anytime. Neither MESSAGEbuzz Inc. nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. MESSAGEbuzz Inc. reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MESSAGEbuzz Inc.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on--or--through the Site or on the Internet generally.
Neither MESSAGEbuzz Inc. nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use of MESSAGEbuzz Inc.'s Services, including, without limitation, usage charges for mobile phones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Indemnity
You shall indemnify and hold MESSAGEbuzz, its Officers and Directors harmless from any and all claims, damages, liabilities, expenses (including without limitation attorney’s fees), actions, demands, losses and causes of action arising from MESSAGEbuzz’s provision of services under this Agreement, and from any negligence or willful acts or omissions of You or its employees unless such are the result of MESSAGEbuzz’s negligence or willful acts or omissions. MESSAGEbuzz shall indemnify and hold You, Your Officers and Directors harmless from any and all claims, damages, liabilities, expenses (including without limitation attorney’s fees), actions, demands, losses and causes of action arising from any negligence or willful acts or omissions of MESSAGEbuzz.
Jurisdictional Issues
This website is controlled and operated by MESSAGEbuzz Inc. from its offices in St. Louis, Missouri, United States of America. MESSAGEbuzz Inc. makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Limitations of Liability
Our maximum liability under or in connection with this Agreement (regardless of form of action, whether in contract, negligence, tort or otherwise) shall not exceed the amount paid by you, if any, for using Our Service. In no event shall We be liable for any indirect, special, consequential, incidental or punitive damages (including without limitation lost profits, opportunity costs, etc.) under or in connection with this Agreement, even if We have been advised of their possible existence.
Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by calling MESSAGEbuzz Inc.'s Customer Service. There are no refunds for any fees paid. MESSAGEbuzz Inc. may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. MESSAGEbuzz Inc. shall have no liability to you or any third party because of such termination or action.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified (at MESSAGEbuzz Inc.'s sole discretion) as inactive for over 30 days, MESSAGEbuzz Inc. has the right to permanently remove your subscriber data and delete the account. MESSAGEbuzz Inc. will attempt to contact you via email prior to taking any permanent removal actions.
NONWAIVER
Neither Party hereto shall be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by the authorized representative of the Party. No delay or omission by either Party hereto in exercising any right shall operate as a waiver of such right. A waiver of a right on any one occasion shall not be construed as a waiver of such right in any future occasion. All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently.
FORCE MAJEURE
Neither Party shall be liable to the other for any delay or failure of performance by reason of any occurrence outside of the reasonable control of the affected Party, including but not limited to, fires or other casualties or accidents, acts of God, strikes or labor disputes, war or other violence, or any law, or any Statue, order, proclamation, regulation, ordinance, remand, requirement of any governmental agency or requirement of any quasi-governmental agency.
SUCCESSORS AND ASSIGNS
Each Party agrees to allow this Agreement to be reassigned in the event of a purchase of either Party’s or both Parties’ businesses or the majority interest within each Party’s of both Parties’ businesses provided that the terms of this Agreement, the commitments herein and those not specifically included by reference but demonstrated by each Party remain unaltered unless agreed to by both Parties. In the event this is found to be practical and acceptable to the Party not seeking assignment, the Party not seeking assignment shall not unreasonable withhold consent to the Assignment. This Agreement shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors and assigns.
We are an independent contractor and not an employee of You and the parties to this Agreement represent and warrant that the relationship created by this Agreement between Us and You is that of independent contractors.
GOVERNING LAW AND VENUE
These Terms and Conditions of Use shall be governed by and construed according to the laws of the State of Missouri. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO SHALL BE BROUGHT IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS, STATE OF MISSOURI, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, THE PARTIES HEREBY ACCEPT FOR THEMSELVES, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF SUCH COURT. THE PARTIES IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH JURISDICTION AND CONSENT AND AGREE THAT THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS, STATE OF MISSOURI SHALL BE THE EXCLUSIVE JURISDICTION FOR ANY SUCH ACTION OR PROCEEDING.
Miscellaneous
- The headings contained in this Terms and Conditions of Use are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
- No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions of Use, and You do not have any authority of any kind to bind MESSAGEbuzz Inc. in any respect whatsoever.
- In the event either Party files lawsuit, or any counterclaim in a lawsuit filed by the other Party, regarding this Agreement or the respective rights of the Parties hereunder, then the prevailing Party in such lawsuit or counterclaim shall be entitled to recover such Party’s reasonable attorneys’ fees and court costs and fees from the other party
- Communications made through the MESSAGEbuzz's messaging system shall in no way be deemed to constitute legal notice to MESSAGEbuzz Inc. or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against MESSAGEbuzz Inc. or any of its agencies, officers, employees, agents or representatives, where notice to MESSAGEbuzz Inc. is required by contract, or any federal, state or local laws, rules or regulations.
- All notices, requests, demands, claims, and other communications hereunder will be in writing and addressed to the intended recipient as set forth below:
MESSAGEbuzz, Inc.
8816 Manchester Rd. # 183
Saint Louis, MO 63144
Attn: Steve Kelley
For HELP with your text messaging needs please contact support@messagebuzz.com or call (888) 900-2899.
To STOP receiving text messages from shortcode 35350, please text STOP to 35350 or email us at support@messagebuzz.com with the cell phone number you would like removed and a written request to opt-out of the text messaging program.