Welcome to Rainmaqr!
We offer you our services on the condition that you agree to abide by the following terms. BY ACCESSING AND USING Rainmaqr, YOU AGREE TO THESE TERMS OF SERVICE ("TOS").
About These Terms
These terms serve as an agreement between yourself and/or affiliated business entity ("you" or "user" or "subscriber") and Rainmaqr Technologies, LLC ("Rainmaqr" or "we" or "us"), which you are accepting online, and which govern your use of Rainmaqr features and software. Since Rainmaqr is an online, interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online throughout our network of sites. You may not use Rainmaqr software unless you comply with these terms.
We May Need to Change These Terms
Rainmaqr may need to modify these terms. You agree that we may modify these terms at any time without notice to you. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of Rainmaqr after we post changes to this agreement means that you accept the new terms. You may review the most current version of this Agreement at: http://www.rainmaqr.com/terms.html.
Last Revision Date: 7/17/2013
Terms of Service
- ELIGIBILITY Requirements for Rainmaqr: (a) for features that require registration, you must complete the registration process and agree to these terms; (b) all contact information you submit must be true, complete, and up to date; and (c) You must be 18 years or older. (d) You must be a human unless accessing through Rainmaqr's API toolkit through an existing Enterprise account. Accounts registered by "robots" or other automated methods are not permitted. We may also refuse the use of any user name that we determine is unacceptable.
- YOUR RESPONSIBILITIES
You will receive a temporary password and account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rainmaqr of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rainmaqr cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You must comply with all laws and these terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use Rainmaqr. You must back up at your own expense any data, such as contact information, files, campaigns and other data that you desire to keep.
- OWNERSHIP RIGHTS The content and software offered by or through Rainmaqr is owned by us, our suppliers and others who post or make available such materials. The content and software are protected by copyright and other intellectual property laws and treaties. Rainmaqr and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of Rainmaqr. You may not modify, adapt, or create derivative works from Rainmaqr. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.
- YOUR RIGHTS TO USE RAINMAQR We offer you the following rights to use Rainmaqr provided that you continue to comply with the terms of this agreement. We offer you Rainmaqr (including its content, software and services) on a personal, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else unless accessed through an approved Enterprise account's assigned user name and password; which these terms apply. You may access the service only through the software, interfaces and protocols provided or authorized by us.
- USER CONDUCT
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You acknowledge that Rainmaqr may or may not pre-screen Content, but that Rainmaqr and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Rainmaqr and its designees shall have the right to remove any Content that violates this agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Rainmaqr may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Rainmaqr, its users and the public. You understand that the technical processing and transmission of the Service, 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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Rainmaqr and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to indemnify and hold Rainmaqr, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of Rainmaqr including any Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another
- BILLING AND PAYMENT TERMS
You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase(s). When you make a purchase from us, you must provide a valid and accepted payment method. You must be authorized to use the payment method. You authorize us to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the product (or any part thereof) with or without notice. Prices and availability of any products or services are subject to change at any time. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Rainmaqr does not accept any liability for such loss. Any account, which remains inactive for a period of 6 months, will then be made available to be purged from the Rainmaqr platform and account access restricted or terminated. Consumers using the system are subject to the standard messaging fees of their mobile carrier; which are the responsibility of the consumer to pay in the event you include text/SMS messaging in any campaigns within your account. Rainmaqr does not accept any liability for fees or charges originating from the Service accessed through Your Account or Account's campaign(s).
- ACCOUNT CANCELLATION Please contact email@example.com to cancel your account. All of your content and data will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel your account before the end of your current paid up month or term, your cancellation will take effect immediately and you will not be charged again. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with a cancelled account. In order to treat everyone equally, no exceptions will be made.
- INTERNATIONAL USE We make no representation that Rainmaqr is appropriate or available for use in locations outside the United States, and accessing Rainmaqr from territories where the Service is illegal is prohibited.
- NO RESALE OF SERVICE
Unless agreed and approved in writing, You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless approved by an officer of the company.
- MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rainmaqr shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Rainmaqr may, under certain circumstances and without prior notice, immediately terminate your Account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, campaigns, reports and content associated with or inside your Account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Rainmaqr's sole discretion and that we shall not be liable to you or any third-party for any liability associated with the termination of your Account or access to the Service.
- PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Rainmaqr, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAINMAQR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAINMAQR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAINMAQR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAINMAQR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAINMAQR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Rainmaqr may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
- ENTIRE AGREEMENT The TOS constitutes the entire agreement between you and Rainmaqr and governs your use of the Service, superseding any prior agreements between you and Rainamqr with respect to the Service.
- CHOICE OF LAW AND FORUM The TOS and the relationship between you and Rainmaqr shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Rainmaqr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia.
- WAIVER AND SEVERABILITY OF TERMS. The failure of Rainmaqr to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY You agree that your Rainmaqr Account is non-transferable and any rights to your Account or contents within your Account terminate upon your death or business closure. Upon receipt of a copy of a death certificate or business termination, your account may be terminated and all contents therein permanently deleted.
- STATUTE OF LIMITATIONS You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- SECTION TITLES The section titles in the TOS are for convenience only and have no legal or contractual effect.
- VIOLATIONS Please report any violations to firstname.lastname@example.org