The following are the terms and conditions for use of Engag-em.com by any user.
By clicking on the "ACCEPT" button or accessing and/or using the Engag-em.com web site, you agree that you have read, understand and accept all of the terms and conditions below for all use of the Engag-em.com services.
If you do not agree to these terms and conditions you may not use the Engag-em.com website. Any use past the registration page of the Engag-em.com website shall automatically bind the user to this agreement. If you do not agree to the terms and conditions OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, you SHOULD CLOSE THE BROWSER WINDOW, TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREE TO STOP ALL USE OF THE SERVICE. By registering, you agree to receive messages from the groups you join and will be charged according to your carriers’ rate plan. Clicking "ACCEPT" indicates you agree to receive these messages.
These terms and conditions are a binding and enforceable service agreement against all persons that access any part of the Engag-em.com website, and/or place any Engag-eM products on a website.
Interpretations and Definitions
The Engag-em.com website encompass both the website located at www.Engag-em.com and any page, element or part thereof, as owned and operated by Engag-eM.
Engag-eM includes the websites Engag-em.com, its subsidiaries, owners and shareholders.
User refers to any person or entity who enters or uses the Engag-em.com website, notwithstanding the fact that such person only visits the home page of the Engag-em.com website.
Hyperlinks herein should be deemed to be part of these terms and conditions.
The Service consists of a browser interface, message application, SMS gateway access, data encryption, data transmission, data-access and data storage.
Engag-eM makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. Engag-eM reserves the right to change or terminate the service and/or alter the terms and conditions of this Agreement at any time with 21 days notice.
Messages shall be deemed to have been delivered when Engag-eM delivers the messages to the immediate destination, including SMTP servers, mobile telephone networks, or any other intermediary server/API that is designated the point of delivery for the message. Engag-eM does not guarantee delivery on behalf of mobile telephone providers.
Engag-eM makes no guarantees to its network coverage. Engag-eM provides extensive coverage to the majority of carriers, yet mobile providers/carriers may opt to not be part of the Engag-eM network, resulting in undelivered messages.
You must be at least 18 years old to be eligible to use any of Engag-eM services. If you are at least 13 years old but younger than 18, you may use the Engag-eM services if you have your parents' or guardians' prior permission. No one under age 13 may use the Engag-eM services under any circumstances. By clicking the "ACCEPT" button you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to register for the services.
Use of Site
Engag-eM licenses the User to view, download, save and print the content of the Engag-em.com website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes.
Content from the Engag-em.com website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Engag-eM.
If any User uses content from the Engag-em.com website in breach of any part of the Terms and Agreements, the following rights are given.
No person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Engag-em.com website for any purpose whatsoever, without the prior written consent of Engag-eM.
E-mail addresses, names and telephone numbers published on the Engag-em.com website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Engag-em.com website may be used to communicate unsolicited communications to Engag-eM.
User Account and Password
In order to open an account with Engag-eM, the user must complete the registration process by providing Engag-eM with current, complete and accurate information as prompted by the registration page. Inaccurate, false or misleading details will result in suspension. The User will also choose a password with their account name being their group name which is in direct correlation with the users email address provided to Engag-eM. The User is entirely responsible for maintaining confidentiality with regard to its password and any account information. The User is responsible for all activity, which occurs in their account. Engag-eM will not be held liable for actions taken with respect to services offered and/or any third party claims.
The User agrees to notify Engag-eM immediately of any breach of security, or any unauthorized use of its account.
Engag-eM shall take all reasonable steps to secure the content of the Engag-em.com website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Engag-eM does not make any warranties or representations that content shall be 100% safe or secure.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to the Engag-em.com website or the server and computer network that support the Engag-em.com website.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Engag-em.com website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Engag-eM harmless against any and all liabilities, damages, risks and losses that Engag-eM and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the Engag-em.com website and Engag-eM reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.
Engag-eM will not edit, monitor or disclose any personal information about the User or their account which includes its contents, without the User's prior permission unless such action is necessary to: (1) conform to legal requirements or comply with legal orders, (2) defend and protect the property or rights of Engag-eM, (3) enforce this Service Agreement or protect Engag-eM business or reputation, (4) respond to request for identification in connection with claim of trademark or copyright infringement by the User (5) or a claim by a third party that a User is using the service in any prohibited manner in the Member Conduct Code.
The User agrees that Engag-eM may access its account, including its contents for reasons above and to attend to technical issues and/or servicing.
The user grants Engag-eM the right to send communication via e-mail and/or text message regarding company notices, updates, upgrades or information Engag-eM deems important for its users to be notified about regarding the Engag-eM service.
Advertising Guidelines for Users
This section regulates the manner in which the User may advertise/promote any of their products, events and/or services via text messages through the Engag-eM network.
In regards to advertising/promoting products and/or services the user agrees to not (1) use the service in connection with junk SMS messages (spamming or any unsolicited messages), (2) promote or solicit online pharmacies, work at home businesses, credit or finance management, mortgage, debt relief offers, pyramid schemes and/or any form of multi-level marketing, (3) create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message (4) display, provide, promote, sell or offer to sell products, content and/or service that is unlawful in the location at which the content is posted or received, material that exploits children, or otherwise exploits children under 18 years of age, pornography or illicitly pornographic sexual products, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons.
The User is not allowed to use the Engag-eM logo, trademark, slogan or any other intellectual property belonging to Engag-eM in your advertising without the prior written consent of Engag-eM.
Mobile Terms & Conditions
EACH CELLULAR PHONE NUMBER MAY NOT RECEIVE MORE THAN THIRTY (30) SMS MESSAGES A MONTH.
MESSAGE AND DATA RATES MAY APPLY ACCORDING TO THE CARRIERS AGREEMENT WITH THE HOLDER OF THE CELLULAR NUMBER.
Messages and Storage
Engag-eM assumes no responsibility/liability for the failure to store information regarding users information, contact list and/or recently transmitted messages. Engag-eM reserves the right in the future, at its sole discretion, with prior notification to limit the amount of text messages available to each group.
Engag-eM prides itself on the timely delivery of messages, yet messages may be delivered late due to network traffic or queuing, resulting in sometimes late messages.
Use of Your Customer's Information
YOUR CUSTOMER DATA IS YOURS AND SHALL BE RETURNED TO YOU UPON YOUR TIMELY REQUEST. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH OUR SERVICE TO ANY THIRD PARTY OUTSIDE OUR NETWORK, WHICH NETWORK INCLUDES OUR TRUSTED SMS AGGREGATOR COMMISSIONED BY NETWORK OPERATORS AND WIRELESS CARRIERS.
Mobile User OPT-IN
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the service. By way of example, and not as a limitation, the User agrees not to:
In addition, Engag-eM reserves the right to prohibit the use of Engag-eM by any company or site in its sole discretion.
Code of Conduct
Engag-eM reserves the right to change their fee structure with notification to the User of such adjustments in writing, prior to such adjustments. Within this notification period the User may decide to continue with the service and the said increase, or terminate their use of Engag-eM services.
Termination, Cancellation or Suspension by Engag-eM
Engag-eM may terminate all or portions of offered services, disable your account or put your account on inactive status. This may happen anytime with or without cause, and with or without notice. Engag-eM shall have no responsibility or liability to you or any third party because of such action or termination.
If your group account is inactive for over 180 days, Engag-eM has sole discretion and right to permanently remove your account, including contact lists recent messages and any other information stored by Engag-eM. Engag-eM will attempt to contact you via the email address you provided us, prior to taking any permanent actions in regards to removal. If your signed contractual agreement is for a period of time greater than 180 days Engag-eM will not remove the account until the date agreed on the contractual signed agreement.
The User is free to terminate or cancel this Agreement at any time, and for any reason according to the terms and services of his signed contractual agreement. Any questions concerning the appropriate method by which to cancel this Agreement should be addressed to firstname.lastname@example.org .
In the event that Engag-eM receives complaints from recipients or third parties with respect to the use of the Service, Engag-eM additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
Engag-eM is only a venue allowing users to communicate with other users. Engag-eM does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users, groups or channels. Engag-eM PROVIDES THE SERVICES "AS IS" WITH NO WARRANTIES OF ANY KIND. Engag-eM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL Engag-eM OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT Engag-eM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Engag-eM. Any such assignment or delegation by you without the appropriate prior written consent of Engag-eM will be null and void and of no force or effect.
Without limiting the generality of the terms set forth, Engag-eM and its affiliates, agents, content providers, service providers, and licensors:
SHALL IN NO EVENT BE LIABLE TO The USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY OR IN ANY ASPECT.
The User agrees to indemnify, defend and hold harmless Engag-eM and its employees, affiliates, officers, agents, content providers and service providers, against any and all Engag-eM’s , liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (1) the use of the Service in any manner which violates the terms of this Service Agreement 2) any violation or failure by you to comply with all laws and regulations in connection with the Services (4) any content that you or anyone using your account may submit, post or transmit to the web site (3) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. Engag-eM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
Modifications to Terms and Conditions
Engag-eM frequently updates, modifies, and otherwise continually seeks to improve the Engag-eM services. Engag-eM shall have the right to change, modify and/or update the terms of this Agreement and to change or discontinue any aspect or feature of the Engag-eM service, in either case, as it deems reasonably necessary. The amended Terms and Conditions shall automatically be effective five days after they are initially posted on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services.