PLEASE READ THESE TERMS AND CONDITIONS AND DISCLAIMER CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE. AND MOTO MESSAGE. THIS WEBSITE AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Site Access & User Conduct
Moto Message LLC provides its “Text Message Marketing” service solely to allow businesses and organizations a communication tool to collect user mobile numbers and to create, launch and manage text messaging services.
Moto Message LLC grants you a limited license to access and make personal, non-commercial use only of the Site. By accepting the “I accept these Terms of Use” button on the sign up page and by completing the registration process, You agree to be bound by all of the Terms and Conditions herein. As a self-service application, You alone understand, acknowledge and agree, that You,
- Are responsible for the contents of your message.
- You certify that the mobile numbers in your subscriber list, those subscribers have given you permission to send them text messages. Plus, You are responsible for your subscribers, the management of them and are solely responsible for not sending messages to un-authorized subscribers. You MAY NOT upload an existing list or mobile numbers manually into the Moto Message LLC system.
- That you will not use our service for chain letters, junk mail, “spamming” or commercial solicitations or to send any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) violates the copyright, patent, trade secret or any other rights of another party; or (c) otherwise gives rise to liability or violates any other applicable law. If we become aware of or determine, in our sole discretion, that you are violating any of our Terms of Use, we may modify or terminate your privileges, with or without notice to you.
- Understand our Services are subject to monthly subscription fees (“Paid Services”) once your free trial period has lapsed or has exceeded the test message limit.
- That Moto Message LLC will not use contacts listed in your contact section or any other customer information for any other purposes than those intended with the Service.
- Will adopt and maintain the best practice recommendations.
Moto Message LLC or the partners of the company shall not be held liable for the content of the messages or the sending of the messages to un-authorized users. We have the right at any time to suspend your account if we believe you are in breach of the terms and conditions accepted by you or those you assign your password.
Usage and Monitoring
You may use the Site only as intended by Moto Message LLC. While Moto Message LLC has no obligation to monitor the site and is not responsible for your conduct, Moto Message LLC reserves the right to suspend, prohibit, deny access, edit, or take other appropriate action with respect the Services it believes may be (or is alleged to be) in violation of the terms and conditions foregoing to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
Free Trial, Fees and Payment
Once you have completed your free trial period or have exceeded the free text credit limit, you will be subject to monthly subscription fees (Paid Services). Your provided method of payment provided at free trial signup will be used for the monthly subscription.
Fees will be billed immediately and automatically upon expiration of 30 day trial period. Monthly Fee is billed at the rate shown at time of sign up on the pricing page of the website. Your monthly subscription fee will never increase for the service subscribed to but text message credit price is subject to change. Moto Message LLC. will attempt to notify you via the members section of our web site and by email to the effectiveness of any change to the Pricing Schedule.
Payment for Services will be made by a valid credit card or bank debit card. Fees are payable in US dollars. When signing up for the free trial, you hereby authorize Moto Message LLC to charge your credit card for such amounts after free trial expires. Amounts paid for the Services are not refundable.
You acknowledge and agree that you are responsible for paying Fees for all text messages sent through Moto Message LLC regardless of whether delivery of such messages to their intended recipients is delivered, prevented or possibly blocked by any third party.
Unavailability of Service
Moto Message LLC may require short periods of unavailability of services for numerous reasons such as to implement changes, upgrades and maintenance. We will use reasonable endeavors to perform the activities which requires the unavailability of the services, or which is reasonably likely to have an adverse effect upon the services between the hours of: 2am – 5am Central Standard Time. In the case of un-planned maintenance Moto Message LLC shall provide as much advance notice to clients as is reasonably practicable. Moto Message LLC shall use its reasonable endeavors to conduct these activities under this paragraph so as to minimize adverse impact on clients.
Restrictions and Responsibilities
Moto Message LLC will not use your customer list or any other customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are authorized by Moto Message LLC, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by Moto Message LLC in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
You acknowledge and agree that the Services and the Moto Message LLC company names and logos and all related product and service names, design marks and slogans, are the property of Moto Message LLC or its affiliates or suppliers. You are not authorized to use any of the Names and Logos in any advertising, publicity or any other commercial manner without the prior written consent of Moto Message LLC. Your use of the Services confers no title or ownership in the Services, the Software or the Names and Logos and is not a sale of any rights in the Services, the Software or the Names and Logos.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the Code of Conduct, the United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
If you receive special discounts, Moto Message LLC. reserves the right to change those discounts at anytime. In the case of any change in status, discounts may no longer apply.
Eligibility
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. Moto Message is only available to customers whose principal business matters and subscribers reside in the United States.
Security
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time available in the My Account page in the Moto Message application. You agree to notify Moto Message LLC immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Moto Message. Customer Service of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until Moto Message LLC is notified by speaking with one of us of a breach in security, you will remain liable for any unauthorized use of the Moto Message LLC’s Service through your account. In consideration for using the Moto Message LLC’s Service, you agree to: (1) provide certain current, complete, and accurate information about you and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Account page sign-up is inaccurate, Moto Message LLC reserves the right to terminate your account immediately and your right to use the Moto Message LLC Service.
No Endorsement
Links to other web sites do not imply an endorsement of the materials disseminated by publishers at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Moto Message LLC is not responsible for the materials contained at any web site linked to this site.
Disclaimer
MOTO MESSAGE LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” MOTO MESSAGE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. MOTO MESSAGE LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT Moto Message LLC ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MOTO MESSAGE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Moto Message LLC reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at anytime. Neither Moto Message LLC nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
Moto Message LLC. reserves the right to change any and all content contained on this Site at any time without notice. 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 Moto Message LLC.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on–or–through the Site or on the Internet generally.
Neither Moto Message LLC nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use of Moto Message LLC’s Services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones, Bluetooth and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Indemnity
You agree to indemnify, defend and hold harmless Moto Message LLC and their respective officers, directors, owners, agents, information providers and licensors (collectively “Moto Message LLC Parties”) from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys’ fees) incurred by any Moto Message LLC Party in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of this Agreement by you. Moto Message LLC reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with Moto Message LLC defense of such claim.
Jurisdictional Issues
This website is controlled and operated by Moto Message LLC from its offices in Aurora, Illinois, United States of America. Moto Message LLC makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOTO MESSAGE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPEICAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MOTO MESSAGE LLC OR A MOTO MESSAGE LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOTO MESSAGE LLC ‘s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICE.
Termination
This Monthly Subscription Agreement is effective until terminated by either party. You may terminate this Monthly Subscription Agreement at any time by calling Moto Message LLC’s Customer Service or by cancelling in your Members Account area. There are no refunds for any monthly fees paid. Moto Message LLC may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Moto Message LLC shall have no liability to you or any third party because of such termination or action. Moto Message LLC will delete any of your archived data within 60 days after the date of termination. Moto Message LLC will provide upon request the list of unsubscribe requests from your last campaign.
Miscellaneous
This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of the Agreement 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.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Moto Message LLC in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
Communications made through the Moto Message LLC ‘s messaging system shall in no way be deemed to constitute legal notice to Moto Message LLC or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Moto Message LLC or any of its agencies, officers, employees, agents or representatives, where notice to Moto Message LLC is required by contract, or any federal, state or local laws, rules or regulations.
For HELP with your text messaging needs please contact support@motomessage or call (866) 264-8159.
To STOP receiving messages from your campaign, please text 83936 with the key word STOP or email us at support@motomesage.com with the cell phone number you would like removed and a written request to opt-out of the text messaging program.
