Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you, the user, together with any company or other business entity you are representing, if any
(collectively, the "Client") are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that the Client is responsible for compliance with any applicable local
laws. This Agreement governs the access and use of the www.3messages.com website (the Site). If Client does not agree with
any of these terms, Client is prohibited from using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
The Site is offered to Client conditioned upon Client's acceptance without modification of this
Agreement. Client acknowledges that, from time to time, it may be necessary for www.3messages.com to
update or revise certain provisions of the Agreement. By using www.3messages.com and accepting this
Agreement, Client agrees that www.3messages.com may change the terms of the Agreement in its sole discretion
without specific notice to Client. If Client does not agree to the changes proposed by www.3messages.com,
or to any terms in this Agreement, Client's sole and exclusive remedy is to discontinue the use of this site.
Notwithstanding the foregoing, www.3messages.com reserves the right to cancel, suspend or refuse access to
the Site to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that
change, augment or enhance the current Site shall be subject to this Agreement.
2. General Use of the Site
Client shall not use the Site, in whole or in part, for any purpose that is unlawful or prohibited by
this Agreement. Client agrees to not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, frame in another web page, use on any other Website,
transfer, or sell any information, software, lists of users, databases or other lists, or products
provided through or obtained from the Site in accordance with this Agreement. This means, among other activities,
that Client agrees not to engage in the practices of "screen scraping", "database scraping", decompiling or reverse
engineering or any other activity. Client agrees to not use the Site in any manner that could damage, disable, overburden,
or impair the Site or interfere with any other party's use and enjoyment of the Site. Client may not obtain or attempt to
obtain any materials or information through any means not intentionally made available or provided for
through the Site. Except with the written permission of www.3messages.com, Client agrees to not access or
attempt to access password protected, secure or non-public areas of the Site. If Client attempts to
access prohibited areas of the Site, Client may be subject to prosecution.
3. Disclaimer
The materials on www.3messages.com's web site are provided "as is". www.3messages.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, www.3messages.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In order for Client to participate in the Site, www.3messages.com will require Client to agree to
provide true, accurate and complete information and to refrain from impersonating or falsely representing Client's affiliation with any person or entity. Client shall be responsible for maintaining the confidentiality of
Client's Account and password and shall be responsible for any and all transactions by users given
access to such account or password and any and all consequences of use or misuse of such account and
password. Client shall be responsible for all actions by such users, including without limitation
former employees or members and former partners, and shall indemnify www.3messages.com for such actions.
Client's right to use the Site is personal to Client and Client's organization and its employees or members
(if applicable). Client, and not www.3messages.com, is entirely responsible for all information, data,
text, software, music, sound, photographs, graphics, video, messages or other materials
("Client Content") posted via the Site. Client, and not www.3messages.com, is also responsible for
compliance with all laws, regulations and ordinances connected with all aspects of Client's use
of the Site. Client shall not use the Site for any illegal purpose in violation of any local,
state, federal or international law. Client must provide all required and appropriate warnings,
information and disclosure, comply with all applicable laws and regulations, and take all other
required and appropriate actions (collectively, "Information and Actions") in connection with
Client's use of the Site. If the Site does not provide adequate facility or features for Client
to provide such Information and Actions, then Client shall not use the Site.
www.3messages.com does not control the Client Content posted via the Site and as such, does not
guarantee the accuracy, integrity or quality of such content. www.3messages.com reserves the right,
but is not obligated to review the Client Content posted via the Site and to refuse or remove
any such materials in its sole discretion, without notice at any time. www.3messages.com also reserves
the right to disclose any information or materials as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or remove any
information or materials, in whole or in part, from the Client Content in www.3messages.com’s sole
discretion. With respect to the content entered by the Client, Client agrees not to:
a. post, upload or otherwise transmit any content which is misleading to others or
impersonate any person or entity or falsely state or otherwise misrepresent Client's affiliation
with a person or entity to others, including, but not limited to, consumers;
b. post, upload or otherwise transmit any content that is inappropriate, harmful to
minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. post, upload or otherwise transmit any content that Client does not have a right
to post and transmit under any law or under contractual or fiduciary relationships
(such as information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
d. post, upload or otherwise transmit any content, such that such posting, uploading,
or transmission constitutes the infringement of any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
e. post, upload or otherwise transmit any materials that contain software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment and/or attempt
to access the accounts of others, or attempt to penetrate security measures of www.3messages.com,
its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion
results in corruption or loss of data;
f. post, upload or transmit any unsolicited or unauthorized advertising, promotional
materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. forge any headers or other manipulation of identifiers in order to disguise the
origin of any content transmitted through the Site;
h. promote or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any act of cruelty to animals;
i. sell, distribute, disseminate or link to any sites for marketing, sales,
distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products
or Sites that (i) Client cannot legally sell, (ii) are misrepresented, and/or
(iii) if sold could cause www.3messages.com to violate any law, statute or regulation.
j. attempt in any manner to solicit login information or attempt to access another user's account.
k. attempt to disable, overburden or impair the proper working of the Site.
4. Limitations
In no event shall www.3messages.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.3messages.com's Internet site, even if www.3messages.com or a www.3messages.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on www.3messages.com's web site could include technical, typographical, or photographic errors. www.3messages.com does not warrant that any of the materials on its web site are accurate, complete, or current. www.3messages.com may make changes to the materials contained on its web site at any time without notice. www.3messages.com does not, however, make any commitment to update the materials.
6. Links
www.3messages.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by www.3messages.com of the site. Use of any such linked web site is at the user's own risk.
7. Proprietary Rights to Client Content
www.3messages.com does not claim ownership of the Client Content that Client provides to www.3messages.com.
However, Client grants www.3messages.com a worldwide, royalty-free, non-exclusive license to (i) host, use,
reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the
Client Content on and through the Site and in www.3messages.com’s promotional or advertising materials (only for
the limited purpose of promoting the Site). No compensation will be paid or due Client with respect
to www.3messages.com or its sub licensee’s use of the materials as licensed above.
By posting messages, uploading files, inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication, Client warrants and represents that Client owns or otherwise controls the
rights necessary to do so and to grant www.3messages.com the license set forth above. Client will defend and
indemnify www.3messages.com and its suppliers from any third party claim related to a breach of any of the foregoing
representations and warranties.
8. Site Terms of Use Modifications
www.3messages.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Indemnification
Client agrees to indemnify and hold www.3messages.com and its suppliers, affiliates, partners,
subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and
all claims and demands, losses, liability costs and expenses (including, but not limited to,
reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to
(a) Client's breach of this Agreement; (b) any information (including but not limited to
Client Data and Client's publicly posted information) submitted, posted, or otherwise
provided by Client to www.3messages.com and/or its affiliates;
(c) any dispute or litigation between an Indemnified Party and a third party caused by
Client's actions; and (d) Client's negligence or violation or alleged violations of any rights
of another. These obligations will survive any termination of Client's relationship
with www.3messages.com or Client's use of the Site. To the fullest extent permitted by law,
the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty
or contract of www.3messages.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
10. Governing Law
Any claim relating to www.3messages.com's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
12. General Information
Client acknowledges that Client has read this agreement and all related site screens referenced
and incorporated in this agreement and that Client agrees to all its terms and conditions.
Client has independently evaluated all aspects of this agreement and the desirability
of entering into the transactions contemplated in this agreement and is not relying on any
representation, guarantee or statement other than those expressly set forth in this agreement.