Surf Messageâ„¢ Terms and Conditions
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Welcome to surfmessage.com, a service brought to you by SMNR, LLC,. Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.
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This site is controlled and operated by SMNR, LLC from its offices within the United States of America. SMNR, LLC makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
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We respect the privacy of our users. Please take a moment to review our privacy policy. If you have any concerns regarding privacy, contact us for more information.
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As is further explained below, you should be aware that the material that appears on our site and is delivered to our customers is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. In addition SMNR, LLC can not be held responsible for, and does not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this website are designed for convenience only, and do not constitute an endorsement by SMNR, LLC of that site or any product, service or other material offered on that site.
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Fees and Payments
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You agree to pay for all charges and fees incurred in connection with your user name and password for Surf Message's Forecast Services. All fees and charges are nonrefundable. There are monthly fees for your subscription, these fees will be billed automatically to the credit card/PayPal Account designated during the registration process at the start of the monthly period, and will auto-renew each month until membership is terminated. Fees are billed in full month increments there is no refund for cancelling before your monthly period expires. If you cancel your subscription before your month of service is completed you are responsible for payment for the complete month of servcie. An administration and processing fee may be deducted from any cancellations.
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If you want to cancel your membership, switch to a different credit card or there is a change in your credit card name, expiration date, or if you believe someone has accessed your surfmessage.com account using your user name and password without your authorization, please contact us..
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In addition to any subscription fee of which you are notified, your carrier's standard messaging and minute rates apply to your entry or submission of sms and voice messages. Please contact your wireless carrier for information about your messaging and voice plans. Your carrier may impose sms and voice minute charge limitations on your account that are outside of our control. All charges are billed by and payable to your mobile service provider.
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By subscribing, you consent to receiving sms messages, emails and voice messages from us.
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You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.
We will not be liable for any delays or failures in your receipt of any SMS messages, emails or voice messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
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Trademarks
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The marks and any designs associated with any marks on the website are trademarks and/or service marks of SMNR, LLC or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of SMNR, LLC, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
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Linking and Framing
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You may link to our home page (www.surfmessage.com) provided that any such link does not imply any sponsorship of your site by SMNR, LLC, but if you wish to link to material contained at other levels within the site, please contact us for permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of SMNR, LLC. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us.
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Single User License
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This means that you may use one (1) copy of the Materials for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.
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Blogs and Forums
We may, at our own discretion, may bar registration to this Blog(s) or Forum(s) from any specific email service or ISP.
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Any message posted on our Blog(s) or Forum(s) expresses only the views of the author of the message and does not necessarily reflect the views of this Blog(s) or Forum(s) or any person or entity associated with it. Our Blog(s) or Forum(s) use moderators and administrators to monitor the content and appearance of messages posted in our Blog(s) or Forum(s). However, considering the realtime nature of these Blog(s) or Forum(s), it is impossible for us to monitor or review every message. Therefore, you agree that neither these Blog(s) or forum(s), nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted in it.
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You agree that you will not use our Blog(s) or Forum(s) to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a persons privacy, or otherwise violative of any law.
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You agree that you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or these Blog(s) or Forum(s). Advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate on these Blog(s) or Forum(s).
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We have the ability to edit and/or remove objectionable messages. Any user who believes that a posted message is objectionable is encouraged to please contact usimmediately. Upon receipt of such notification, we will make every effort to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately.
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These Blog(s) or Forum(s) reserves the right to edit or delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless SMNR,LLC, the owner, and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).
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In the event of any complaint or legal action arising from any message posted by you, these Blog(s) or Forum(s) reserves the right to reveal your identity and any other information we may know about you.
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Disclaimer of Warranties and Liability
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YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. SMNR, LLC IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL SMNR, LLC (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF SMNR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMNR, LLC DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMNR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE DELIVERY OF SMS, E-MAIL, OR VOICE MESSAGES. SMNR, LLC (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS "SMNR, LLC") SHALL NOT BE SUED FOR OR LIABLE UNDER ANY CIRCUMSTANCE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF SERVICES, COST OF CAPITAL, COST OF SUBSTITUTE OR SERVICES, DOWN TIME, CUSTOMER�S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY CUSTOMER TO THIRD PARTIES, EVEN IF SMNR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMNR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SMNR, LLC IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
