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By using any elements of this website or the Services, you represent that (i) you have read and understood these Terms and the agreement established by such terms and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this agreement, do not utilize or access any part of this website or any Services offered here.
You acknowledge and agree that you may be subject to additional terms and conditions pertaining to third party sites and services, as accessed through this website. Jabbertise is not responsible for any content on any linked site and if you access such a third party site from this website, you do so at your own risk. Links available from this website are provided as a convenience and do not imply that Jabbertise endorses or accepts any responsibility for content on those third party sites. Jabbertise will not be responsible for any loss or damage you suffer as a result of your interaction with such third party sites. Jabbertise does not represent that the Content, Software, Services, Protected Materials (as defined below) or any other information available from this website are appropriate or available for all ages, for all businesses or for use in all geographic locations and accessing the same from certain locations, especially some outside the United States, may be illegal and prohibited. Further, you agree, through your lease agreements or otherwise, to ensure that all residents or users receiving messages through this Service have agreed to terms substantially similar to those set forth herein.
If you choose to use the Services, you agree:
To be solely responsible for the content of all inbound and outbound messages sent by you and for safeguarding your user name and password and to take full responsibility for any actions taken under your user name/password, whether or not authorized by you. You control all content (including without limitation information, messages, verbiage, text, data, software, music, sounds, photographs, graphics, images, audio, video, messages, alerts, notifications or other communications, hereinafter "Content") that you upload, post, email, text, transmit or otherwise make available through this Service and you, and not Jabbertise, are solely responsible for such Content. Jabbertise does not control or guarantee the accuracy, integrity, appropriateness or quality of such Content and under no circumstances will Jabbertise be liable in any way for any Content, errors or omissions in any Content, any changes made to Content during transmission, or for any loss or damage of any kind incurred as a result of the use or misuse of any Content posted, emailed, transmitted, texted or otherwise made available via the Service. Specifically, you agree not to use the Service to:
(i) upload, post, text message, email, transmit, or otherwise make available any illegal contest or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You further agree to comply with all carrier and email spam laws including opt-in and opt-out requirements and will not send text messages or emails to persons who have asked not to receive such messages from you, unless you have the express right to do so through other legally binding documentation. Jabbertise may or may not monitor Content, but maintains the right to monitor your Content and the right, in its sole discretion, to delete or remove any objectionable Content and to terminate its relationship with you with or without cause at any time and you hereby hold Jabbertise harmless from and against any and all liability resulting from such actions.
You agree that Jabbertise may access and disclose your account information and Content if required to do so by law or in a good faith belief that such actions are reasonably necessary to comply with any legal process, enforce these Terms, respond to claims of a third party, respond to customer service requests or protect the rights, property or safety of Jabbertise, its users or any third party.
The purpose of the TMA Service is to enable real time communications between property managers and/or landlords and residents. However, the TMA Service depends on commercial wireless networks, email providers and other third parties, so Jabbertise cannot guarantee that any messages will be received by the intended recipients or will be received within the intended timeframe and you agree to hold Jabbertise harmless from any and all damages, liability or injury caused by any message failures. The TMA Service is not a substitute for written notifications required by state or federal law. Jabbertise is in no way liable for the accuracy or reliability of any messages sent using the Service. You agree not to use the Services for purposes of converting your residents or user base to a competitive service. Jabbertise assumes no responsibility for the actions or inactions taken by your residents or users. The relationship between a resident, consumer and you is directly between each of you and Jabbertise is not responsible for any loss or damage incurred by you resulting from that relationship.
Payments for all TMA Services are billed in advance quarterly, by credit card on a recurring subscription basis, unless otherwise expressly agreed. You may cancel your TMA Service at any time by sending notice to "email@example.com." All payments are non-refundable; however, if you have utilized only one or two months and wish to cancel the Service, Jabbertise will refund the remaining un-used sums. The price for the TMA Service may vary in different geographies and is subject to change (including increases) at the end of any quarterly Service subscription term. If the parties do not agree upon any pricing change, the Services will be terminated within a reasonable period of time. Although Jabbertise may not currently limit the number of messages you may send or receive through the Services, such limits may be set and charged for at any time with or without notice.
By using the Services, you hereby grant, and represent that you have full authority to grant to Jabbertise an irrevocable, perpetual, worldwide, royalty free, non-exclusive right and license to use, distribute, transmit, reproduce, modify, adapt, publicly perform and publicly display your logo, image, video, music, photographs, Content, voiceovers, trademarks, service marks, and any other content made available by you, to mobile devices and/or computers. You further agree not to enforce any copyright on any such transmission and you understand that the technical processing and transmission of content from this website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reverse engineer, copy, create derivative works of or otherwise attempt to determine any source code of or pertaining to the Services. Retrieval of data or Content from any Jabbertise website to create or compile, directly or indirectly a collection, database or directory is strictly forbidden.
Jabbertise in no way guarantees receipt of messages sent through the Service or appropriate action by receiving residents. As with any service involving text messaging to mobile devices, standard carrier charges will apply to end users. Residents must check with their carriers to ensure a complete understanding of their particular plan and the charges they may incur. Effective and timely delivery of messages to mobile phones is conditional upon a number of things: (i) the cellular phone must be turned on; (ii) capable of receiving the applicable content, (iii) set to receive text messages and (iv) the recipient must have a data plan in place with his/her applicable carrier. Please note that not all mobile phones allow for the storage of all types of content. Provided that the cellular phone and cellular phone provider's network will accept the content, delivery of a text message will generally occur within a matter of seconds. If the phone meets the requirements above and does not receive a message, contact us and we will attempt to trouble shoot the problem. However, because third parties, such as telecommunication carriers, are in large part responsible for these transmissions, Jabbertise is in no way liable for any transmission failures and you assume all risk and costs associated with the sending, receipt or non-receipt of messages to mobile phones and/or computers.
Ownership and License
You acknowledge and agree that Jabbertise owns all legal right, title and interest in and to the TMA website and the Services and nothing in these Terms gives you the right to use any Jabbertise or TMA trade names, trademarks, service marks, logos, domain names or other brand features. All software, graphics, content and other copyrightable elements available from this website are the property of Jabbertise or its licensors and are protected pursuant to U.S. and foreign copyright laws. Any trademarks, service marks and/or trade names appearing on this website are also the property of Jabbertise, its licensors or third parties and are protected pursuant to U.S. and foreign trademark laws. For purposes of these Terms, all material protected by the copyright of any jurisdiction and/or trademarks, service marks and/or trade names of Jabbertise or its licensees will be hereinafter referred to as "Protected Materials." You agree not to reproduce/copy, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate (including linking to) any Protected Materials, or make any commercial use of this website or the Services, except as expressly permitted, without the express prior written consent of Jabbertise. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website or the Services.
You expressly agree not to use this website and/or the Protected Materials: (i) in conjunction with any device or service designed to circumvent technological measures employed to control access to, or rights in, any content or other work protected by the copyright laws of any jurisdiction; (ii) to use any data mining, robots or similar data gathering and /or extraction tools in connection with this website; (iii) to obtain any personal information about any business or user of this website or to obtain a list of website businesses or users; (iv) to copy, modify, erase or damage any Protected Materials or other information available from this website or any related servers; (v) to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property rights, or to take any action that is otherwise objectionable; (vi) for any commercial use not intended by this website; or (vii) for illegal purposes.
Software may be provided to you as part of the Services and, if applicable, provided you have paid in full for the applicable Service and are not in breach of this or any other applicable agreement, Jabbertise hereby grants you a non-exclusive, non-transferable, right and license to use the software as provided to you for the sole purpose of benefiting from the Services in the manner permitted by the Terms. You may not (and may not permit others to) copy, modify, create derivatives works of, decompile, reverse engineer or otherwise attempt to extract the source code of the software. You also may not sublicense or otherwise transfer your rights to any third party.
Interstate and International Use
Use of the TMA website and Services causes communications to be sent through computers and cell phone networks, which may be located in various states throughout the U.S. and/or in foreign countries. Therefore, communications can be interstate communications regardless of where you are located at the time of transmission. By agreeing to these Terms, you acknowledge that use of this website results in interstate data transmissions. The Internet is international in nature and you agree to comply with all local laws and rules regarding online conduct and the uploading and transmission of appropriate content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. or any other country of residence.
Jabbertise may display advertisements, sponsorships and/or promotions on this website and in conjunction with cellular phones receiving messages through the Service, in any location, in any way and at any time, without notice to you. These advertisements may be targeted to the Content or information presented. In exchange for Jabbertise granting you access to the Service, you agree that Jabbertise may include such advertising in the Service, and may collect, without payment to you or others, any resulting advertising revenues.
Jabbertise may modify or terminate the TMA Service from time to time for any reason, with or without notice, and has the right to terminate this agreement with or without cause at any time. If Jabbertise terminates this agreement without cause, you may be entitled to a refund of any un-used, prepaid sums.
Warranties and Disclaimers
JABBERTISE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE SERVICES, THE CONTENT, INCLUDING THE ACCURACY, THE COMPLETENESS, THE LEGALITY OR THE RELIABILITY OF THE CONTENT, AND THE AVAILABILITY OR UNAVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED THROUGH THE SERVICES AND DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, DELIVERY FAILURES OR UNTIMELY DELIVERY OF ANY INFORMATION, MATERIAL OR CONTENT. JABBERTISE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM INFORMATION, MATERIAL OR CONTENT SENT THROUGH THE SERVICES.
UNDER NO CIRCUMSTANCES WILL JABBERTISE BE HELD LIABLE FOR (I) ISSUES THAT ARISE DUE TO THE ELECTRONIC NATURE OF ONLINE SOFTWARE, (II) THE POSSIBILITY OF LOST DATA, LOST CONTENT OR OTHER CARRIER OR OTHER THIRD PARTY ISSUES THAT MAY CAUSE INCOMING/OUTGOING MESSAGE ERRORS, AND (III) OTHER TECHNICAL ISSUES THAT MAY ARISE FROM TIME TO TIME.
TO THE EXTENT PERMITTED BY LAW, THE PROTECTED MATERIALS, THE SERVICES, THE SOFTWARE AND OTHER INFORMATION AVAILABLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. JABBERTISE PROVIDES NO GUARANTEE OF TECHNICAL SUPPORT, AND NO WARRANTIES OR REMEDIES FOR THE SERVICE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND/OR TITLE OR QUIET ENJOYMENT. JABBERTISE DOES NOT WARRANT THAT THE SERIVCES WILL BE ERROR-FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE OR THIS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR CELL PHONE OR COMPUTERS OR CELL PHONES OF OTHERS THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT.
JABBERTISE AND ITS LICENSORS FURTHER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JABBERTISE SERVICES. JABBERTISE AND ITS LICENSORS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. JABBERTISE AND ITS LICENSORS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED THROUGH THE JABBERTISE SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. JABBERTISE EXPRESSLY DISCLAIMS ANY LEGAL LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM CONTENT OR ANY ACTIONS TAKEN BASED ON THE PROTECTED MATERIALS, THE CONTENT OR INFORMATION CONTAINED ON, OR LINKED TO FROM, THIS WEBSITE. THIS INCLUDES INFORMATION AND PROTECTED MATERIALS VIEWED FROM/ON MOBILE PHONES AND/OR TRANSMITTED FROM OR TO THIS WEBSITE OR FROM OR TO MOBILE PHONES. THEREFORE, YOU AGREE TO ASSUME THE ENTIRE RISK WITH RESPECT TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF INFORMATION AVAILABLE FROM THIS WEBSITE INCLUDING ANY AND ALL OBJECTIONABLE OR OFFENSIVE CONTENT OR VIRUS-RELATED DANGERS EXISTING ON THIS WEBSITE, IN THE SERVICES AND/OR IN ANY PROTECTED MATERIALS, CONTENT, ALERTS, ADS OR OTHER INFORMATION AVAILABLE FROM THIS WEBSITE AND THE SERVICES. JABBERTISE IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT OR MATERIALS CONSTITUTING ALL OR PART OF ANY CONTENT, ADS OR ANY OTHER ASPECT OF THIS WEBSITE THAT YOU MIGHT FIND OBJECTIONABLE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL JABBERTISE OR ITS LICENSORS BE LIABLE TO YOU, YOUR CUSTOMERS, RECIPIENTS OF MESSAGES OR ANY USER OF THE SERVICE FOR USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR THE CONTENT TRANSMITTED THEREBY. WITH RESPECT TO ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE AND SIMILAR DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JABBERTISE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR THE CONTENT CONVEYED THEREBY, FROM THE EFFECTIVENESS OR INEFFECTIVENESS OF THE SERVICES, FROM THE CONTENT TRANSMITTED THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO ATTORNEYS FEES, THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JABBERTISE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWELDGE THAT THE ECONOMIC TERMS OF THIS AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK WAS SIGNIFICANT INDUCEMENT FOR JABBERTISE TO PROVIDE AND MAINTAIN THIS WEBSITE, THE SERVICES AND THE PROTECTED MATERIALS HEREIN. IN NO EVENT WILLTHE LIABILITY OF JABBERTISE EXCEED AMOUNTS PAID BY YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL JABBERTISE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, WIRELESS AND OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
You agree to indemnify and hold Jabbertise harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content posted, uploaded, submitted, transmitted, emailed, texted or otherwise made available by this website, your use of this website or the Services, (ii) your violation(s) of these Terms or (iii) your violation of the rights of a third party.
You understand and agree that any unauthorized use of this website, the Services or the Content would result in irreparable injury to Jabbertise for which money damages would be inadequate, and in such event Jabbertise will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that Jabbertise may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Except as otherwise set forth in these Terms, these Terms shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Clara County, California or the United States Federal District for the District of California to resolve any disputes arising under these Terms. In each case these Terms shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
These Terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you shall be of no effect. The failure or delay of Jabbertise to exercise any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach or of any subsequent default or breach.
If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Jabbertise, and the Jabbertise and TMA logos are trademarks, service marks or service names of Jabbertise Inc. and other trademarks contained on this website or in the content are trademarks or registered trademarks of Jabbertise or its businesses, licensors or third parties, in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the content. These Terms do not authorize you to use Jabbertise or its licensors' names or any of their respective trademarks.
The enumeration and headings contained in these Terms are for convenience only and are not intended to have any substantive significance interpreting these Terms.
You agree that there are no third-party beneficiaries to these Terms.
Any correspondence, notice or request permitted to be given under or in connection with these Terms or the subject matter hereof shall be sent by email to firstname.lastname@example.org or delivered by phone to 1-408-868-9120.
These Terms will bind and inure to the benefit of Jabbertise successors and assignees, but are personal to you and may not be transferred, assigned or delegated.
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