DATE OF LAST REVISION: September 29, 2017
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MESSAGEYES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Terms of Sale
All sales made through the Service are governed by MessageYes's Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from MessageYes. By replying “YES” to an Offer or otherwise ordering products through the Service, you agree to purchase the product or services contained in the Offer and to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, at MessageYes's sole discretion so you should review the Terms of Sale each time you make a purchase.
The Service involves receiving offers and other information via your mobile device. Therefore, when you subscribe to the Service, you expressly agree that MessageYes, any successor operator of the Service that may acquire control of the Service through a merger, sale of assets or otherwise, and their respective service providers and representatives may contact you via automated text messages, at the number you provide when you subscribe, regarding its Offers and the Service and may otherwise communicate with you via your mobile device. Your carrier's standard messaging, data and other rates and fees apply to any messages you send or receive, our confirmations and all subsequent SMS and MMS correspondence and/or transmissions. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to cancel or HELP for customer support information. To check the status or your Order, text STATUS. We are not be liable for any delays in the receipt of, or failure to receive, any SMS or MMS messages as delivery is subject to effective transmission from your mobile service operator.
Copyright and Limited License
Unless otherwise indicated in the Site or through the Service, the Site, the Service and all content and other materials contained therein, including, without limitation, the MessageYes logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the " Materials") are the proprietary property of MessageYes or its licensors or users and are protected by U.S. and international copyright laws.
MESSAGEYES, the MessageYes logos and any other MessageYes product or service name or slogan contained in the Site or used in connection with the Service are trademarks of MessageYes, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MessageYes or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MessageYes" or any other name, trademark or product or service name of MessageYes without our prior written permission. In addition, the look and feel of the Site and the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MessageYes and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or in connection with the Service are the property of their respective owners. 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 us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray MessageYes or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a MessageYes logo or other proprietary graphic of MessageYes to link to this Site without the express written permission of MessageYes. Further, you may not use, frame or utilize framing techniques to enclose any MessageYes trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without MessageYes's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MessageYes or any third party.
MessageYes makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or through the Service, or Web sites linking to the Site. Such sites are not under the control of MessageYes and MessageYes is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MessageYes provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MessageYes of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Sites and Content
MessageYes may provide third party content on the Site or through the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. MessageYes does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MessageYes is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
MessageYes may run advertisements and promotions from third parties or may otherwise provide information about, links to, or the opportunity to purchase third-party products or services on the Site or through the Service. MessageYes does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. You agree to look solely to the manufacturer for any warranties that may be available for products purchased through the Service. MessageYes is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-MessageYes advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or the Service that are provided by you in the form of email or other submissions to MessageYes, or any postings on the Site, are non-confidential and shall become the sole property of MessageYes. MessageYes shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Registration Data; Account Security
In consideration of your use of the Site and the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms when you create an account ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MessageYes, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to MessageYes. You are responsible for all activities that occur through your account, whether or not such activities are with your knowledge and consent.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MESSAGEYES, THE SITE, THE MATERIALS, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MESSAGEYES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MESSAGEYES DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MESSAGEYES ALSO DISCLAIMS ANY WARRANTIES REGARDING ANY PRODUCTS OR SERVICES YOU PURCHASE THROUGH THE SERVICE.
MESSAGEYES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MESSAGEYES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, MESSAGEYES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
MessageYes reserves the right to change any and all content contained in the Site or on the Service and to modify, suspend or discontinue the Site or the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. 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, or any affiliation therewith, by MessageYes.
Limitation of Liability
Applicable Law and Venue
Governing Law; Arbitration PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MESSAGEYES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MESSAGEYES.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and MessageYes agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and MessageYes also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MESSAGEYES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Severability, Assignment & Miscellaneous
Questions & Contact Information
Questions or comments about the Site may be directed to MessageYes at legal@MessageYes.com