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Terms and Conditions of
Use
ConnectMe LLC (“ConnectMe 360”) provides a Web interface for creating interactive audio and speech content that can be accessed via the telephone (together, the "Service"). This document sets forth the Terms and Conditions under which you may use the Service. The Service includes this web site (the "Web Site") and the corresponding interactive telephone service known as the ConnectMe Mobile Marketplace (the "Mobile Marketplace"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Service and send STOP to the designated short code of the Mobile Marketplace Service if you have subscribed. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If you violate any of these Terms or Conditions, your permission to use the Service automatically terminates.
Scope of Use
ConnectMe 360 invites you to view, use and download a single copy of the Web Site for your personal, non-commercial use. You may also listen to and use a single session of the ConnectMe Mobile Marketplace subject to the same restrictions. Using the Service to evaluate whether to enter into a business relationship with ConnectMe shall not constitute a commercial use for the purposes hereof. Except as otherwise provided on this page, no part of any content or software on the Service may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of ConnectMe.
Mobile Marketplace Services are open to subscribers of Verizon, Cingular, T-Mobile, Nextel, Sprint, Alltel, and Dobson. Prepaid wireless subscribers may not able to participate in Mobile Marketplace Services.
No Warranties
ALL CONTENT ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEB SITE AND THE CONNECTME MOBILE MARKETPLACE, IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONNECTME MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE AND THE CONTENT AVAILABLE ON THE SERVICE IS AT YOUR SOLE RISK.
CONNECTME MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.
Limitation of
Liability
CONNECTME SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF CONNECTME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICE, OR RELATED INFORMATION OR PROGRAMS.
Trademarks
CONNECTME® is a registered service mark of ConnectMe LLC. “MOBILE MARKETPLACES” (SM) and “ADVENTURES FOR THE MOBILE VIP”(SM) are service marks of ConnectMe. Unauthorized use of any ConnectMe trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright
The Service is protected by
Modifications
ConnectMe reserves the right to modify the Service, and the rules and regulations governing its use, at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to the Service. ConnectMe may make changes in the products and/or services described on the Service at any time.
Links
From time to time, we may post links that will allow you to leave the Web Site and, in the future, we may offer links that will allow you to leave the ConnectMe Mobile Marketplace. The linked sites are not under the control of ConnectMe, and the content available on the sites linked to the Service do not necessarily reflect the opinion of ConnectMe. ConnectMe is providing these links as a convenience to you, and access to any other sites linked to the Service is at your own risk. ConnectMe assumes no responsibility for the content of such linked sites. The inclusion of any link does not imply a recommendation or endorsement by ConnectMe of the linked site.
Unless otherwise set forth in a written agreement between you and ConnectMe, you must adhere to ConnectMe's linking policy as follows: (i) any link to the Web Site must be a text only link clearly marked "www.ConnectMe360.com," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ConnectMe's names and trademarks, (iii) the link must "point" to the URL http://www.ConnectMe360.com/ and not to other pages within the Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ConnectMe 360, (v) when selected by a user, the link must display the Web Site on a full-screen and not within a "frame" on the linking Web Site, and (vi) ConnectMe reserves the right to revoke its consent to the link at any time and in its sole discretion.
Accurate Information
In consideration of your use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself, including, but not limited to, your email address, first and last name, mobile number, and billing information, as prompted by the Service's subscription forms (such information being the "Registration Data"), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You warrant that you own and are responsible for the billing of the wireless
account that you are using to access the Mobile Marketplace Service; and you agree
to notify ConnectMe immediately of any ownership changes to the wireless account by
emailing: support@connectme360.com If you provide information that is untrue, inaccurate, not current or incomplete, or if ConnectMe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ConnectMe has the right to suspend or terminate your use of the Service and any future use of the Service (or any portion of the Service).
Use of Information
You agree that you will not use any user information received as a result of your participation in the Service ("User Information") for any purpose other than those explicitly agreed to by the user to whom that information pertains. As an example and not a limitation, you agree that you will not "cold-call" or engage in any type of unsolicited marketing based on User Information. You further agree that you will not disclose any User Information to anyone not subject to these terms and conditions. User Information includes any information included in reports from ConnectMe.
ConnectMe respects your personal information and undertakes to comply with
applicable
asks End-users to review that Policy for more information on this topic. Please consult the Privacy Policy for guidance about how ConnectMe uses your personal information.
Security
You are responsible for maintaining the confidentiality of your registration number and password, and you are responsible for all uses of your registration number or password, and any and all related charges, whether or not authorized by you.
No Professional
Advice
The content accessed through the Service is intended to be a general information resource for the subject matter covered, but is provided solely on an "AS IS" and "AS AVAILABLE" basis as noted herein. You are encouraged to confirm the information contained herein with other sources. ConnectMe is not engaged in rendering investment, financial, medical, tax, accounting, legal, engineering, medical or other professional services or advice. If you desire or need such services or advice, you should consult a professional. You should not construe ConnectMe's publication of this content as an endorsement by ConnectMe of the views expressed herein, or any warranty or guarantee of any of these views, opinions or recommendations.
Content
Although ConnectMe undertakes no obligation to review, monitor or moderate any content posted to the Service, ConnectMe reserves the right to remove any such content, whether it be on the Web Site or a ConnectMe Mobile Marketplace, at any time for any reason or no reason.
Unless expressly noted, ConnectMe does not control, approve or endorse any content posted on the Service, or represent the accuracy, truthfulness, quality or reliability of any such content. The content posted by users of the Service is solely the opinion and/or expression of the user that posted such content, and does not necessarily reflect the opinions of ConnectMe. Any reliance by you upon the content of the Service shall be at your sole risk.
You hereby grant ConnectMe a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to reproduce the content, or to create and reproduce Derivative Works.
You should exercise sound judgment when posting content to the Service to avoid making threatening, offensive, abusive, unlawful, false or unsubstantiated remarks. You are solely responsible for any messages posted by you that include any such remarks, and each message you post may identify you as the author of such message. You should also avoid posting any message containing (1) personal information, (2) confidential information or (3) any third party content (e.g., music, voice recordings, etc.) without the express written permission of the content owner. You agree to indemnify and hold harmless ConnectMe from and against any claims, demands, loss, damage or expense, including without limitation attorneys' fees, relating to content you make available to others on or through the Service.
Purchases
Your commercial dealings with advertisers and/or vendors found on or through the Service (each, a "Vendor"), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Vendor. You agree that ConnectMe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Vendors on the Service.
ConnectMe shall make all reasonable efforts to ensure that payments made are processed in a timely manner, however, a number of factors, most of which are out of our control, will contribute to when and how payments are received and Content/Material/Premium Service thereafter accessed. ConnectMe makes no representations or warranties regarding the amount of time needed to complete processing, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Indemnification
You agree to indemnify ConnectMe, and its officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other person who may be authorized by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorized by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child).
Notice
Unless otherwise stated in these terms and conditions, all
notices from end-users to ConnectMe must be in writing and sent to its contact
address at
Location
The Service is operated by ConnectMe from its offices in the
Employment
Opportunities
ConnectMe is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.
Violations and
Additional Policies
ConnectMe reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or phone number to the Service. ConnectMe may terminate this Agreement and/or your access to the Service at any time for any reason or no reason. ConnectMe reserves the right to deny access to all or any part of the Service and modify or discontinue, temporarily or permanently, the Service with or without notice to you.
The ConnectMe 360 Mobile Marketplace Service shall automatically renew for subsequent one (1) month periods unless Customer provides written notice to ConnectMe 360 ten (10) days before the expiration of the then current term that it desires to have its ConnectMe 360 Mobile Marketplace Service lapse. Fees for monthly plans will not be prorated for any reason as a result of a cancellation request.
Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
You may not transfer any rights or obligations you may have under these terms and conditions. ConnectMe reserves the right to transfer any right or obligation under these
terms and conditions without your consent.
No waiver by ConnectMe shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
These terms and conditions together with payment details, contact details and our Privacy Policy, set out the whole of the agreement between ConnectMe with respect to the subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by ConnectMe on notice to you in accordance with the above paragraph “Notice” of these terms and conditions.
ConnectMe shall not be liable to you for any breach of these terms and conditions or any failure to provide or delay in providing the Service resulting from any event or circumstance beyond its reasonable control including, without limitation, failure or shortage of power supplies, network failures, inability to obtain telecommunications services, any act or omission of Government, fire, explosion or accident.
Nothing in this Agreement shall be construed as creating any agency, partnership between the parties.
These terms and conditions shall be governed by and
interpreted in accordance with law of the State of
These terms were last updated on April 28, 2006.
