Terms and Conditions of Use
Terms
By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.
Use License
Your permission to use and
access this Site is the grant of a limited license, not a transfer of
title, and your limited license to use or access our Site shall
automatically terminate if you violate any of these restrictions and may
be terminated by us at any time for any reason or no reason.
When using or accessing our Site, you may not:
1 modify or copy any material or Services;
2 use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
3 attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
4 engage in any data mining,
data harvesting, data extracting or any other similar activity in
relation to this Site, or while using this Site;
5 remove any copyright or other proprietary notations from the material; or
6 transfer the materials to another person or entity or “mirror” the material on any other server.
Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
Without limiting the foregoing,
you agree not to use, or permit to be used, any messaging capabilities
or any Services on our Site that permit text entry or the uploading or
posting of audio, video or images to post, transmit or disseminate any:
1 unsolicited material to
persons or entities that have not agreed to receive such material or to
whom you do not otherwise have a legal right to send such material;
2 material that infringes or
violates any third party’s intellectual property rights, rights of
publicity, privacy, or confidentiality, or the rights or legal
obligations of any wireless service provider or any of its customers or
subscribers attempt to decompile or reverse engineer any software
contained on the Site or that supports the Site or any Services;
3 material or data that is
illegal, or material or data that is harassing, coercive, libelous,
defamatory, abusive, threatening, obscene, or otherwise objectionable,
materials that are harmful to minors or excessive in quantity, or
materials the transmission of which could diminish or harm the
reputation of us and/or our third- party service providers; material or
data that is related to illegal drugs (e.g., marijuana, cocaine) or to
pharmaceuticals, material that contains any viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data, or personal
information or contains any signal or impulse that could cause
electrical, magnetic, optical, or other technical harm to our equipment
or facilities and/or those of any third party; or material or
information that is false or misleading, or likely to mislead or
deceive.
Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
Disclaimer
You understand that we
cannot and do not guarantee or warrant that files available for
downloading from the internet or our Site will be free of viruses or
other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any
lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR
FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS
AVAILABLE” BASIS. WE 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, WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY
OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH
MATERIALS OR ON ANY SITE LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT WILL WE, OUR
AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS,
EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE,
OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY
CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend,
indemnify and hold harmless us, our affiliates, licensors and service
providers, and our and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from
and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms and Conditions of
Use and your use of our Site, including, but not limited to, any use of
our Site’s content, services and products other than as expressly
authorized in these Terms and Conditions of Use or your use of any
information obtained from our Site.
Revisions and Errata
The materials appearing on
our Site could include technical, typographical, or photographic errors.
We do not warrant that any of the materials on the Site are accurate,
complete, or current. We may make changes to the materials contained on
the Site at any time without notice. We do not, however, make any
commitment to update the materials.
Links
We have not reviewed all of
the third-party websites linked to by the Site and are not responsible
for the contents of any such linked site. The inclusion of any link does
not imply endorsement by us of the third-party website. Navigation to
and use of any such linked website is at the user's own risk.
Site Terms of Use Modifications
We may revise these Terms
and Conditions of Use for the Site at any time without notice. By
accessing or using the Site, you are agreeing to be bound by the then
current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to the
Site shall be governed by the laws of the State in which we are
headquartered without regard to its conflict of law provisions.
Entire Agreement
These Terms and Conditions
of Use, our Privacy Policy and any other document we deem relevant
constitute the sole and entire agreement between you and us with respect
to our Site and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, with
respect to our Site
Our Mobile Messaging Service is provided by Communication Bon Retour and is subject to the following terms and conditions.
Mobile Messaging Terms & Conditions
Communication Bon Retour
(“We,” “Us,” “Our”) is offering a mobile messaging program (the
“Program”), subject to these Mobile Messaging Terms and Conditions (the
“Terms”). If you do not wish to continue participating in the program or
no longer agree to these Terms, you can reply “STOP” to any mobile
message from Us in order to opt out of the Program. User Opt In: The
Program allows users to receive SMS/MMS mobile messages by users
affirmatively opting into the Program. Regardless of the opt-in method
you utilized to join the Program, you agree that these Terms apply to
your participation in the Program. The mobile messaging service used by
Us to communicate with you requires human intervention for Our mobile
messages to be initiated, and thus Our mobile messages are not sent to
you by an automatic telephone dialing system (“ATDS” or “autodialer”).
Nevertheless, by participating in the Program, you agree to receive
autodialed marketing mobile messages and you understand that consent is
not required to make any purchase from Us. Program Description: Without
limiting the scope of the Program, users that opt into the Program can
expect to receive messages from Our customers, for alerts, coupons,
specials, and promotions. Cost and Frequency: Message and data rates may
apply. The Program involves recurring mobile messages, and additional
mobile messages may be sent based on your interaction with Us.
Disclaimer: The Program is offered on an “as is” basis. We will not be
liable for any delays or failures in the receipt of any mobile messages
connected with this Program. Delivery of mobile messages is subject to
effective transmission from your wireless service provider/network
operator, and is outside of Our control. Your wireless service
provider/network operator is not liable for delayed or undelivered
mobile messages. Your participation in the Program is at your sole
discretion and risk, and if you are dissatisfied with the Program,
message content, or these Terms, you should opt-out and cease use of the
Program. Privacy Policy: We respects your privacy. We will only use
information you provide to transmit your mobile messages and respond to
you, if necessary. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE
TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED
THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserves the
right at all times to disclose any information as necessary to satisfy
any law, regulation or governmental request, to avoid liability, or to
protect Our rights or property. When you complete forms online or
otherwise provide Us information in connection with the Program, you
agree to provide accurate, complete, and true information. You agree not
to use a false or misleading name or a name that you are not authorized
to use. If in Our sole discretion, believe that any such information is
untrue, inaccurate, or incomplete, or you have opted into the Program
for an ulterior purpose, We may refuse you access to the Program and
pursue any appropriate legal remedies. This Privacy Policy is strictly
limited to the Program and has no effect on any other privacy
policy(ies) that may govern the relationship between you and Us in other
contexts. Dispute Resolution: In the event that there is a dispute,
claim or controversy between you and Us, or between you and any
third-party service provider acting on Our behalf to transmit the mobile
messages within the scope of the Program, arising out of or relating to
federal or state statutory claims, common law claims, these Terms, Our
Privacy Policy, or the breach, termination, enforcement, interpretation
or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, such dispute, claim or
controversy will be determined by arbitration in Dallas, Texas before
one arbitrator. The arbitration will be administered by JAMS. For claims
greater than $250,000, the JAMS Comprehensive Arbitration Rules and
Procedures in effect at the time the arbitration is commenced will
apply. For claims less than or equal to $250,000, the JAMS Streamlined
Arbitration Rules in effect at the time the arbitration is commenced
will apply. The arbitrator will apply the substantive law of the State
of Texas, exclusive of its conflict or choice of law rules. Nothing in
this paragraph will preclude the parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties acknowledge that this Agreement evidences a transaction
involving interstate commerce. Notwithstanding the provision in this
paragraph with respect to applicable substantive law, the Federal
Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted
pursuant to these Terms. Either party may commence arbitration by
providing to JAMS and the other party to the dispute a written demand
for arbitration, setting forth the subject of the dispute and the relief
requested (“Arbitration Demand”). To the fullest extent permitted by
law, each of the parties agrees that any proceeding, whether in
arbitration or in court, will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any
reason a claim proceeds in court rather than through arbitration, each
party knowingly and irrevocably waives any right to trial by jury in any
action, proceeding or counterclaim arising out of or relating to this
Agreement or any of the transactions contemplated hereby. The appointed
arbitrator may award monetary damages and any other remedies allowed by
the state law designated above. In making his or her determination, the
arbitrator will not have the authority to modify any term or provision
of these Terms. The arbitrator will deliver a reasoned written decision
with respect to the dispute (the “Award”) to each party, who will
promptly act in accordance the Award. Any Award (including interim or
final remedies) may be confirmed or enforced in any court having
jurisdiction, including any court having jurisdiction over either party
or its assets. The decision of the arbitrator will be final and binding
on the parties, and will not be subject to appeal or review. Each party
will advance one-half of the fees and expenses of the arbitrator, the
costs of the attendance of the court reporter at the arbitration
hearing, and the costs of the arbitration facility. In any arbitration
arising out of or related to these Terms, the arbitrators will award to
the prevailing party, if any, costs and attorneys’ fees reasonably
incurred by the prevailing party in connection with that aspect of its
claims or defenses on which it prevails, and any opposing awards of
costs and attorneys’ fees awards will be offset. The parties will
maintain the confidential nature of the arbitration proceeding, the
hearing and the Award, except as may be necessary to prepare for or
conduct the arbitration hearing on the merits, or except as may be
necessary in connection with a court application for a preliminary
remedy, or confirmation of an Award or its enforcement, or unless
otherwise required by any applicable law. Any documentary or other
evidence produced in any arbitration hereunder will be treated as
confidential by the parties, witnesses and arbitrators, and will not be
disclosed to any third person (other than witnesses or experts), except
as required by any applicable law or except if such evidence was
obtained from the public domain or is otherwise obtained independently
of the arbitration. Miscellaneous: You warrant and represent to Us that
you have all necessary rights, power, and authority to agree to these
Terms and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will place you
in breach of any other contract or obligation. 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. If any provision of
these Terms 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. Any new features, changes, updates or improvements of the
Program shall be subject to these Terms unless explicitly stated
otherwise in writing. We reserves the right to change these Terms from
time to time. Any material updates to these Terms shall be communicated
to you. You acknowledge your responsibility to review these Terms from
time to time and to be aware of any such changes. By continuing to
participate in the Program after any such changes, you accept these
Terms, as modified.F