Terms of Use Agreement

Welcome to mimstr.com, the service for broadcast texting for both consumers and businesses, operated by Mymsgplace.com, L.L.C. (“Mymsgplace.com”). By using the mimstr.com Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of mimstr.com (“Member”). If you wish to become a Member and make use of the mimstr.com service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the mimstr.com Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Mymsgplace.com at any time, effective upon posting on the mimstr.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.

Acceptance of Terms of Use Agreement.

Electronic AgreementThis Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Mymsgplace.com from time to time, such modifications to be effective upon posting by Mymsgplace.com on the Website. This Agreement includes Mymsgplace.com’s Acceptable Use Policy for Content Posted on the Website, Mymsgplace.com’s Privacy Policy, Mymsgplace.com’s subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Access and RetentionIn order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that creates a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

Eligibility

Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Membership and Subscription; Pricing

As a Member, you will have the ability to participate in all of the features and services available within the Service. For purposes of this Agreement, the term “Member” includes registered users, unless where its usage indicates otherwise.

Term

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Profile pages. Mymsgplace.com may terminate your membership by sending notice to your mimstr.com email address you registered in your profile. All decisions regarding the termination of accounts shall be made at the sole discretion of Mymsgplace.com. Mymsgplace.com is not required to provide you notice prior to terminating your membership. Mymsgplace.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Mymsgplace.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mymsgplace.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your browsers password memory feature to save your mimstr.com account credentials.

Content on Mymsgplace.com

Proprietary Rights.Mymsgplace.com, LLC. owns and retains all proprietary rights on the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Mymsgplace.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Mymsgplace.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Mymsgplace.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Mymsgplace.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Content Posted by You on Mymsgplace.com

You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If the information provided to Mymsgplace.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Mymsgplace.com of such change.
You understand and agree that Mymsgplace.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of Mymsgplace.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of Mymsgplace.com, you automatically grant, and you represent and warrant that you have the right to grant, to Mymsgplace.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Mymsgplace.com will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Prohibited Activities

Mymsgplace.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Mymsgplace.com without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains 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.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Website, without Mymsgplace.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Mymsgplace.com or the Service or the site in order to direct any person to any other website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

Customer Service

Mymsgplace.com provides assistance and guidance through its “Contact Us” email page. When communicating through our Contact Us website, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior is at any time threatening or offensive, we reserve the right to immediately terminate your membership.

Modifications to Service.

Mymsgplace.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mymsgplace.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Blocking of IP Addresses

In order to protect the integrity of the Service, Mymsgplace.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 owner or authorized to act on the copyright owner’s behalf.

Member Disputes

You are solely responsible for your interactions with other Mymsgplace.com Members. Mymsgplace.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

Disclaimers

Mymsgplace.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Mymsgplace.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Mymsgplace.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Mymsgplace.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Mymsgplace.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Mymsgplace.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mymsgplace.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Mymsgplace.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mymsgplace.com has no control over such sites and resources, you acknowledge and agree that Mymsgplace.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mymsgplace.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Mymsgplace.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Mymsgplace.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Mymsgplace.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Mymsgplace.com for the Service during the term of membership.

U.S. Export Controls

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Jurisdiction and Choice of Law

If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Arizona, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Arizona, in Phoenix or Maricopa County, for the resolution of any such dispute.

Indemnity by You

You agree to indemnify and hold Mymsgplace.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Other

This Agreement contains the entire agreement between you and Mymsgplace.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.