This Agreement is entered into between Text Reminder Services, Inc. (“TRS”), operating under the name “MultiMinder”, and you (sometimes also referred to as the “Customer” or “User”), and covers the terms and conditions (“Terms”) of your use of the TRS and MultiMinder (the “Services”).
Terms Of Services
TRS reserves the right to change the billing process, usage fees, subscription service fees and rates, and message allowance amounts with 30 days advance notice. You will be notified of all such changes to the Terms by a posting of the changed and additional Terms on the TRS web site (“Site”). The most current version of the Terms can be reviewed by clicking on the “Terms & Conditions” hypertext link located at the bottom of the Site. You shall be deemed to have accepted these revisions and updates by continued use of the Services after the changes have been posted. This Agreement may not be amended by you except in writing signed by both you and TRS. If you do not agree with the Terms, then do not use TRS Services.
TRS provides you with access to and use of its Services including a variety of voice, text and other messaging services, as well as data storage. The Services include any and all services provided by TRS to you either now or in the future. The Services include any and all updates, enhancements, new features, and additions. All Services, including those offered by the MultiMinder and TRS brands, are subject to these Terms. All instructions, messages, documents, and databases are created by you and you are responsible for your data and information including the content of your messages transmitted by the Services. You agree that you are the author and creator of all content and that TRS is not the creator, author or publisher of any content. Although TRS retains the right to, TRS is not obligated to and generally will not review your data and information including the content of your messages and does not sell, offer or otherwise provide data or lists of any kind. The TRS Services allow you to send and receive data and information including messages of your own choosing and creation. The TRS Services as described on the websites may not be available in all countries and regions in the world.
All programs, processes, designs, software, technologies, trademarks, trade names, inventions, numbers and materials comprising the Services are wholly owned by TRS and/or its licensors and service providers except where stated otherwise. You understand and agree that you are not the owner of any TRS Services, technology, platform or system. You also understand that you are not the owner of any voice or text numbers, text codes and keywords or email addresses assigned to you by TRS.
Relationship of Parties
This Agreement does not create any agency, distributorship, employee-employer, partnership, franchise, joint venture or similar business relationship between the Parties. Neither Party is a legal representative of the other Party nor neither Party can assume or create any obligation, representation, warranty or guarantee, express or implied, on behalf of the other party for any purpose whatsoever. Each Party shall use its own discretion and shall have complete and authoritative control over its employees and the details of performing its obligations under this Agreement. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
User represents and warrants that (i) user has power and authority to enter into this Agreement; (ii) at all times, user will comply with all applicable foreign, federal, state and local laws, rules, regulations and ordinances including, without limitation, federal and state laws regulating voice and text messaging.
Use Of Services And Customer Responsibilities
You may use the Services only if you are: (1) a User who properly subscribes to and pays for the Services; (2) a person using the Services with expressed permission from a User described in (1) above; or (3) a person using the Services on a “free trial” basis. By using the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree with the Terms, you will not be able to log into the Site or use the Services. By agreeing to the Terms, you: (1) represent that all of the information on the Account Set-up is true and correct in all respects and that you will promptly update such information if it changes; (2) agree to pay all charges that you incur as a result of your use of the Services as set forth on your account; (3) represent that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement. If you are a corporation you further represent that you have the authority to bind the corporation; and (4) agree to pay and otherwise be financially responsible for your use of the Services (as well as for the use of the Services in your account by others including minors) and to comply with all of your responsibilities and obligations as stated in these Terms. You must also acquire all equipment and third-party services (such as but not limited to telephone and computer equipment) required for you to access and use the Services, maintain the security of your password and other confidential information relating to your account and be responsible for all charges resulting from use of the Services in your account, including unauthorized use prior to your notifying TRS of such use and taking steps to prevent its further occurrence.
Use of the Services on a “free trial” Basis
You may be able to use the Services on a “free trial” basis. During the time you are using the Services on a free trial basis, you will not incur any charges for the use of the Services offered. During the use and at the expiration of the Free Trial , you will have the option to subscribe and purchase the Services in accordance with one of the messages offered by TRS. TRS reserves the right to terminate the “free trial” account at any time and for any reason. TRS also reserves the right to seek damages for abuse of the “free trial” account, including but not limited to usage charges, fees, taxes, surcharges, damages, claims, costs and reasonable attorney’s fees.
Charge for Services
TRS Services are denominated in message credits. All charges are expressed in the currency of the United States (USD). TRS reserves the right to prospectively change the charges, add new charges and accumulate the charges for the Services. Unused allowances also may not be transferred from one plan subscription to another or from one account to another account. You are responsible for obtaining and maintaining third-party equipment and services (such as but not limited to telephone, ISP and computer equipment) required for you to access and use the Services. Recording your voice message requires calling a toll free or toll number to access the TRS message recording system. TRS is not responsible for any dialing or connection charges that you may incur when calling the TRS message recording system.
The TRS MultiMinder Service is a monthly-based subscription service denominated in message credits. Your Service subscription automatically renews on a monthly basis at the rate indicated on the Site. Payment is collected by TRS on the first day of your monthly contractual period for the upcoming month. Your plan subscription may include a monthly allowance for voice, text, and email messages and any of the other Services. Should the subscription credit limit be exceeded, per messaging charges will apply to the overages at your agreed upon subscription rate and will be automatically charged by TRS at the end of the monthly subscription period. If the subscription credit limit is exceeded by 100% during a monthly subscription period, your account will be suspended until the end of the monthly billing period or until you add message credits to your account with your credit card. Charges for Services include recurring subscription, licensing, and usage fees. Your activation, subscription, usage and any other charges and fees for the Services are payable in advance. If you have no past due balance and have paid for the current month, you will be able to use the Services, including completing in progress broadcast message orders.
The TRS TRS Service is denominated in message credits that are purchase in bulk amounts ahead of time at the rate indicated on the Site.
Payment for Services
You agree to pay all charges for the Services you use in accordance with the subscription level applicable to your Services. Any failure to pay the charges is violation of this Agreement and grounds for termination of all Services by TRS. You agree that TRS may submit charges for your usage fees and recurring subscription fee without further authorization from you until you terminate your use of the Services. Such notice will not affect any charges and fees incurred for the Services prior to such notice. If the payment method for your TRS account is by credit card and payment is not received by TRS from the card issuer or its agents, you agree to promptly pay all amounts due upon demand by TRS each time you (or any other person you authorize or allow) use the Services. You agree that TRS is authorized to charge your designated credit card for your charges for the Services. If you have any questions regarding any charges or payments that have been credited or debited to your account, you must contact TRS Customer Service within thirty (30) days of the charge date. Failure to use your account is not a basis for refusing to pay any charges incurred by you in accordance with this Agreement. Any past due amounts shall bear interest at the greater of: 15% per annum; or the highest rate allowed by applicable laws. Unpaid bills may be sent to a third party for collection purposes. You are responsible for any collection costs TRS may incur. Your credit card issuer’s agreement governs your rights and liabilities as a cardholder including your use of your credit card to pay for the Services. In the event of a good faith payment dispute with regard to an item appearing on an invoice, TRS has the right to suspend its performance hereunder, until the parties have resolved the dispute. Any such suspension of performance by TRS does not relieve User of its payment obligations under the Agreement.
Termination of Services
You may cancel and terminate the Services at any time by using the TRS websites www.multiminder.com or www.TRS.com. The Services terminate on the earlier of: (1) the last day of the billing cycle for which TRS has received prepayment for the User’s account; (2) the date on which any charge, fee or other balance due under the User’s account becomes past due; or (3) any other date when TRS has received notice of termination or has a right to terminate the your account or suspend the Services. For example, multiple registrations by one person or organization for free trials may be considered abusive and cause your account to be subject to termination. TRS reserves the right to suspend or terminate any Services, or block any person’s or organization’s access to such Services in its discretion, for any unauthorized, improper, unlawful or unintended use of the Services. There are no refunds for any account so terminated or suspended. TRS has no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Upon termination, TRS has no obligation to maintain any of your data and information (including messages or other content in your account) or to forward any unread or unsent message to you or any third party. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective. If all subscription plans on your account are cancelled, your account will stay dormant for six (6) months. Subscription Plans can be reactivated within 60 days of cancellation. After six (6) months, your account will be permanently closed and cannot be reactivated or reused.
Personal Information Privacy and Protection
Data Storage and Protection
While your account is active, the TRS Services include data storage, archiving and deleting features and procedures. TRS will store general reporting and billing data generated from your TRS account for a period of sixty (60) days. This data may be retrievable by you from the Site. After sixty (60) days, this data will not be available. Other data not needed for reporting or billing may be deleted prior to sixty (60) days at TRS’s discretion. TRS will also maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of the data and information provided by you in connection with your use of the Services. TRS may change its features and procedures concerning storage of your data and information (including messages) at any time. Notification of any such changes will be posted on the Site. The features and procedures are provided as a convenience to you only and TRS has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store or archive any data and information (including messages and/or other communications) maintained or transmitted as a result of using the Services.
The predictability of the Internet is such that TRS does not guarantee access to the Site or its Services. TRS may, from time to time, temporarily suspend your access without any prior notice to you. TRS is not liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of the Site, or cause your information or communications to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information, communication or error. Internet Browser security settings may disable some features on the TRS Site. Your Internet Browser type and version may adversely impact your experience and functionality on the TRS Site, especially older and lesser used Browser types. Email settings for spam filtering and email box routing both at the user and email provider level may also adversely impact or block the delivery of important information from TRS to you.
Account, Password and Security
To open your account you must complete the sign-up process and provide TRS with current, complete and accurate information as requested on the Account Set-Up Form. You agree to notify TRS promptly of any changes to this information as required to keep it current, complete and accurate. You will also be assigned a user name and password. Please remember that your user name and password are unique to you and should not be communicated to any other person. You represent to TRS that you will not communicate your user name and password to any unauthorized person. You assume sole responsibility for all charges, damages, losses and other harm resulting from the use of your user name and password by anyone other than yourself. You agree to notify TRS immediately of any unauthorized use of your account or any other breach of security. TRS will not be liable for any damage or loss that you may incur as a result of someone else using your user name and password to access the Services with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
Prohibited or Unlawful Use
You agree not to use the Services for any purpose that is unlawful, unauthorized or prohibited by the Terms and any subsequent notices you may receive from TRS. You agree that you have not received from TRS or any of its employees, agents, or vendors acting on behalf of TRS any information or advice on how to comply with any federal, state and local laws, rules and regulations. You further agree not use the Services in any manner that could damage, disable, overburden, or impair any TRS server, or the networks connected to any TRS server, or interfere with any other person’s use of the Services. You agree not to attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to any TRS server, through password mining, hacking or any other means. You agree not to use or register the name TRS or any other trade name or trade mark of TRS without express, prior permission and you will not obstruct the identification procedures used by TRS in the Services. You represent that the data and information submitted for transmission through the TRS Services is for lawful purposes only and that the transmission of data and information (including messages and files) is not in violation of any federal, state, or local laws and regulations including, without limitation, the provisions of the Telephone Consumer Protection Act of 1991 (47 U.S.C. Section 227(b)(1)(B), the FTC’s Telemarketing Sales Rules (16 C.F.R. Part 310), the Fair Debt Collection Practices Act (15 U.S.C. Section 1692), and the Health Insurance Portability and Accountability Act (“HIPPA”). You agree not to engage in any conduct that would amount to a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any federal, state or local law or regulation. You agree to fully comply with all applicable laws and regulations including those related to prerecorded calls, Do Not Call registries, collection of debts, facsimile advertising rules, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data. You may not use the Services to upload, post, reproduce or distribute, in any way, any data and information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright owner. You are advised to consult with an attorney regarding these laws and regulations. You agree to defend, release, indemnify and hold TRS harmless for any and all claims, damages (including direct, indirect, special or consequential damages and judgments), legal fees, costs and expenses that TRS incurs due to enforcing and defending its rights, including, without limitation reasonable attorney’s fee incurred due to alleged violation of the above laws or regulations by you. In any such an event, TRS shall be defended by attorneys of its choice and at your expense. You agree not to use the Services to convey any data and information that is or may be unlawful, threatening, libelous, infringing, harassing, abusive, obscene, hateful, harmful, offensive, distasteful, vulgar, indecent, defamatory, objectionable, or invasive of another person’s privacy, property or proprietary rights. You agree not send data and information (including messages) in violation of the law, including to emergency lines, to any health care facility or similar establishment and to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call. You will not resell or attempt to resell the TRS Services without expressed written contractual permission from TRS. You agree not to impersonate, or attempt to impersonate any other person or attempt to mislead TRS as to the identity of sender of your data and information (including messages). TRS prohibits you to use the Services to encourage, promote, provide, sell or offer to sell products or content relating to illegal or fraudulent activities (or services related to the same) including but not limited to: illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity; and similar activities. This is not a complete list, and TRS, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and irrefutable for all purposes under this Agreement. TRS will terminate your use of its Services if TRS determines such prohibited products or content or use is in violation of this Agreement. Any information stored on the TRS servers that is unlawful, a violation of this Agreement or legal and regulatory requirements may be deleted at any time by TRS without notice. TRS reserves the right to remove any data and information (including messages and images) that violates this Agreement without notice to you. TRS reserves the right at all times to disclose any data and information (including messages) as TRS deems necessary to satisfy any applicable law, regulation, legal process or governmental request. TRS further reserves the right to take any other action with respect to the Services that TRS deems necessary or appropriate in its sole discretion if TRS believes you or your data and information (including messages) may be unlawful, unauthorized or create liability for TRS or others, compromise or disrupt the Services for you or other persons, or cause TRS to lose (in whole or in part) the services of TRS internet service providers (ISP), telecom, or other suppliers.
Limitation of Liability and Disclaimer of Warranty
The Services are provided “as is” and there are no warranties, representations or conditions of any kind, express or implied, oral or written, arising by common law, the operation of law, course of dealing, dealings of trade or otherwise with respect to the Services or any product or services or data and information that is a part thereof. TRS is under no obligation to monitor any recordings for accuracy, completeness, or quality. You understand and agree that recordings may or may not resemble that which you intend to record and that TRS is under no obligation to ensure that any recordings will successfully represent that which you intend to record. TRS does not represent or guarantee the continued availability of the Service or any specific level of performance, quality, permanence or appropriate application for a specific purpose. No data or information, including in but not limited to marketing statements or materials, is intended to be a warranty or representation by TRS and should not be relied upon by you. TRS is not responsible or liable in any way for communications or difficulties outside its direct control. The aggregate liability of TRS, whether a civil offense (including negligence), breach of contract, violation of law (including a violation of statute or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by you to TRS for the Services provided that give rise to the claim or incident. TRS is not liable for any damages caused to you or any other person even if TRS has been advised of the foreseeable possible claim or damages. The TRS Service may allow for calls to be “Transferred” to a number specified by the User. TRS is not responsible for the availability of the staff, equipment, or phone lines of the entity transferred to. You warrant that TRS will be held harmless for any damages, claims, or charges, caused by such transfers. You warrant that TRS is not involved with, responsible for or liable to the Customer or any other person or entity for the Customer’s messages, lists, or matter related to the messages and lists, or on account of the Customer’s use of the services in general. The Customer further agrees to fully release and discharge TRS from any: (1) violation of any federal, state and local laws, rules and regulations (collectively referred to as the “Laws”); (2) breach of any agreement or contract; (3) statement or representation made; and (4) unlawful act or omission or other wrongdoing. The Customer agrees not to sue or bring any claim or charge against TRS on account of any violation of Laws, breach, statement or representation or unlawful act or omission or other wrongdoing. The Customer agrees to fully defend, pay any damages and hold TRS harmless from any violation of Laws, breach, statement or representation or unlawful act or omission or other wrongdoing. TRS’s total liability for damages to the Customer or any third party for any service provided to the Customer shall be limited to the amount charged to the Customer for any particular service performed. IN NO EVENT SHALL TRS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, DAMAGES, PENALTIES, LEGAL FEES OR ANY OTHER AMOUNTS.
Act of War
TRS is not liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster, act of war, or security breach that may prevent or interrupt access to or use of the Site, or cause your information or communications to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information, communication or error.
Telemarketing and Prerecorded Sales Calls
Telemarketing phone calls, including calls that deliver prerecorded messages and unsolicited facsimile advertisements is regulated in the United States under several federal and state statutes and regulations. The FCC’s Telemarketing Sales Rules, the Federal Telephone Consumer Protection Act, and similar states laws regulate such activity. Any use of the Services to make telemarketing calls, including prerecorded sales calls sent without the recipient’s consent, that violate these laws and regulations is prohibited and a violation of this Agreement. Purely “informational calls” do not attempt to sell the called party any goods and services and are not covered by the FCC’s Telemarketing Sales Rules. You are solely responsible for knowing and complying with all laws and regulations prior to using the Services, including do not call registries, opt-out mechanisms and caller identification requirements.
Debt Collection Calls
Communications, including phone calls that deliver prerecorded debt collection messages from a debt collector to a consumer, are regulated in the United States under several federal and state statutes and regulations including the Federal Debt Collection Practices Act. Any use of the Services to make debt collection calls by a debt collector to a consumer or that otherwise violate these laws and regulations is prohibited and a violation of this Agreement. You are solely responsible for knowing and complying with all laws and regulations prior to using the Services, including what, when and how you may communicate with consumers and third parties.
Text Messaging Mobile Marketing Association Compliance
Customer agrees that all text messages are in compliance with the policies and guidelines of the Mobile Marketing Association. More information can be found at http://mmaglobal.com/policies.
Text Messaging Terms and Conditions
Program Description: TRS and its services MultiMinder and TRS are for information purposes only. The service allows mobile subscribers to opt-in to receive information through SMS messages to the subscriber’s phone.
Carriers Supported: Verizon Wireless, AT&T, Sprint, T-Mobile, Nextel, Cricket, Carolina West, Cellcom, C Spire, Cincinnati Bell, nTelos, Virgin Mobile Boost, U.S. Cellular, Metro PCS
Cost: TRS services are for standard use only, no premium charges apply. However, message and data rates may apply from your mobile carrier. Charges from text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
Message Frequency: Customers agree not to send through the TRS Service more than 30 messages per month to each subscriber.
Subscribing to the TRS Service: Upon receipt of an opt-in request from IVR (Interactive Voice Response) or Online system, the requestor will be sent an SMS text message requiring a confirmation response from your mobile. The receipt of such confirmation response will constitute agreement to comply with these terms and conditions.
Help & Support: Text help to 88794 to receive help or call 1-720-608-8733.
How to Opt-Out: To stop receiving messages from the TRS MultiMinder or TRS Programs, text “Stop” to 88794. For more information please call 800-517-8423.
Liability: TRS Customer agrees that we provide the service “as is” and shall not be held liable for your use or your customers’ use of information, content or material contained therein. TRS will not be liable for any delays in the receipt of messages as delivery is subject to effective transmission from network carriers not within TRS’s control. To the fullest extent of the law, we disclaim all warranties with regard to the service, including warranties of merchantability, non-infringement and fitness for a particular purpose.
TRS’s Services including Multiminder and TRS are intended for general business and personal use and are not suitable for emergency or mission critical use. TRS does not include any 911 or related short digit emergency dialing features. You are not authorized to use the Services for any such purposes. You agree to use alternative methods that are specifically intended for emergency use for any urgent or public safety nature. You agree to not use the Services to send messages that contain information that help protect life and property. First responders should not use TRS services. TRS’s network and services are not designed for emergency use and in such situations could be susceptible to blocking, delays, and undelivered messages.
Third Party Rights
This Agreement is solely between and for the benefit of TRS and you. Nothing in this Agreement is intended to bestow any rights or remedies on any person.
Governing Law and Jurisdiction
You agree that these Terms shall be governed by and construed in accordance with the laws of the state of Colorado. You agree to the jurisdiction in the State of Colorado and agree that the venue for any and all arbitration and litigation shall be Denver, Colorado. You expressly waive any right and agree not to have any matter tried by a jury, except where expressly required by law.
If any provision or portion of these Terms shall be held invalid under any relevant laws, such invalidity shall not affect any other provision of these Terms.
The Customer Agreement and Terms constitute the sole agreement between you and TRS relating to your use of this Site, the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in the Customer Agreement or Terms shall bind either party. No waiver of any right by TRS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. TRS reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations stated herein, in whole or in part, without TRS’s prior written consent. This Customer Agreement and Terms shall be binding upon each party and to their respective successors and permitted assigns. Any action or claim against TRS must be brought within one (1) year following the date on which the claim first amassed or shall be deemed forever waived. A printed version of the Customer Agreement and Terms and of any related notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to the Customer Agreement and Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may send notices to TRS at 3525 S. Tamarc Drive Denver, CO 80237 USA or firstname.lastname@example.org. All written replies to you shall be sent to the email address that you provide to TRS in your Account Set-up Form or information page. If your email address changes, it is your responsibility to notify us of the update. Such communication shall be considered received one (1) business day after the email is sent.