Terms of Use
The following describes the Terms of Service Conditions of Use for our scgapps.us website powered by Strategic Commerce.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
Our scgapps.us website powered by Strategic Commerce (and other “internal” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).
Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use of our scgapps.us website powered by Strategic Commerce and the content and materials provided in it.
Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our scgapps.us website powered by Strategic Commerce or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our scgapps.us website powered by Strategic Commerce prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.
Trademarks
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of scgapps.us website powered by Strategic Commerce or related parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.
2. Use of our website.
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our scgapps.us website powered by Strategic Commerce is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use of our scgapps.us website powered by Strategic Commerce or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access
Access to certain areas of our scgapps.us website powered by Strategic Commerce is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our scgapps.us website powered by Strategic Commerce or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated.
Viruses, etc.
You also understand that scgapps.us website powered by Strategic Commerce cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our scgapps.us website powered by Strategic Commerce makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website contains links to third party Websites. Our scgapps.us website powered by Strategic Commerce makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our scgapps.us website powered by Strategic Commerce, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.
Our scgapps.us website powered by Strategic Commerce does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
3. Indemnification.
You agree to indemnify, defend and hold harmless our scgapps.us website powered by Strategic Commerce, its members, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5.Term; Termination.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by scgapps.us website powered by Strategic Commerce without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.
The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
7. SMS Terms of Service
A. Messages and Storage
scgapps.us website powered by Strategic Commerce assumes no responsibility and/or liability for failure to store information regarding any user information, including message logs, contacts, and profile information. scgapps.us website powered by Strategic Commerce reserves the right to, at its sole discretion, with prior notification change the amount of text messages available to each group.
scgapps.us website powered by Strategic Commerce always strives for timely delivery of messages, but messages may be delivered in a delayed fashion due to overloaded network traffic or queuing problems, potentially resulting in late messages.
“I agree that by continuing to send my subscribers have explicitly opt-ed in to receive text message marketing from me and/or my company. “
I further agree to include my sender or business information along with STOP to end opt-out information on each campaign. I agree to scgapps.us website powered by Strategic Commerce Terms of Service and I understand that marketing messages with similar content that are sent to high volumes (500 or more) of subscribers can lead to being filtered as SPAM by the carriers. scgapps.us website powered by Strategic Commerce does not have control over the destination carrier level decision to filter messages. If you are a large volume sender (more than 500 messages at a time) you should consider contacting us for information around utilizing our multiple rotating long code numbers.
scgapps.us website powered by Strategic Commerce does not offer refunds based on the destination carrier’s choice to filter messages as SPAM.
B. Compliance with Federal Trade Commission (FTC)/The Telephone Consumer Protection Act (“TCPA”)
The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using scgapps.us website powered by Strategic Commerce services. Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the scgapps.us website powered by Strategic Commerce platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the scgapps.us website powered by Strategic Commerce Services. You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the scgapps.us website powered by Strategic Commerce services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the scgapps.us website powered by Strategic Commerce Services by visiting the following websites or areas: Do Not Call Registry Info, http://www.donotcall.gov, Federal Trade Commission, http://www.ftc.gov, Federal Communications Commission, http://www.fcc.gov,Individual State Do Not Call Lists. The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. scgapps.us website powered by Strategic Commerce owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. Please visit the scgapps.us website powered by Strategic Commerce support desk http://pwcanswers.com/v2/site/strategic_commerce for more information. I confirm that all of my subscribers have explicitly opted in to receiving text messages and that I am complying with all Do Not Call laws.”
C. Order acceptance
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify scgapps.us website powered by Strategic Commerce promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.
Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.
D. Fees and Payments
Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.
Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be charged or invoiced at the time of use. scgapps.us website powered by Strategic Commerce will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.
Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable the date of the invoice, unless otherwise specified in the Order Form.
Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your scgapps.us website powered by Strategic Commerce account. All payment obligations are noncancelable and all amounts paid are nonrefundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies scgapps.us website powered by Strategic Commerce in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then scgapps.us website powered by Strategic Commerce may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then scgapps.us website powered by Strategic Commerce may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then scgapps.us website powered by Strategic Commerce: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).
Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides scgapps.us website powered by Strategic Commerce with a valid tax exemption certificate authorized by the appropriate taxing authority.
E. Credits
Credits are vouchers that you purchase that are outlined in your service plan agreement for use with scgapps.us website powered by Strategic Commerce software service. Credits changed based on the in and out flow along with the type of message (SMS or MMS) and this causes the amount of credits required to either increase or decrease. Our pricing page will always indicate this pricing information and how it relates to the increase or decrease of credits. The submission sent or received messages will cause your credits to be debited from your account balance and this balance is displayed 24/7 online in your account profile.
Expiration of Credits. Subscription credits do not expire, if the subscription payments are current. Credit will expire within 60 days if pasted due subscription payments are not paid in full.
F. Downtime and Service Suspensions;
Security
In addition to our rights to terminate or suspend Services to You as described in the Terminate and Usage Section, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 6, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 9 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content including all audio recordings associated with Your account. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.
G. Fees and Billing POLICY Product Availability
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
H. Inactive Termination
If your personal account is inactive for over 60 days, scgapps.us website powered by Strategic Commerce has sole discretion to permanently remove your account, including contact lists, message logs, and any other information stored by scgapps.us website powered by Strategic Commerce. scgapps.us website powered by Strategic Commerce will attempt to contact you via the email address you provided prior to taking any permanent actions in regards to removal. Please note that any remaining credit after 90 days of inactivity may be removed from your account without refund.
The User is free to terminate or cancel his/her Agreement at any time and for any reason. Any questions concerning this should be addressed to support desk http://pwcanswers.com/v2/site/strategic_commerce .
I. Opt-in Requirements
Users can opt-in to a long code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.
Opt-in requirements for US short/long codes?
Users can opt-in to a long code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.
Handset Opt-In: Sending a text message from a mobile phone to a short/long code
When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:
End user: {Keyword}
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.
Non-Handset Opt-in: Asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.
When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:
(User signs up without using mobile handset, and receives a text message from the short/long asking to confirm opt-in)
Short/Long: Text sYES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.
These guidelines are based on carrier conditions of short/long service and other industry standards. You or your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided long code number. Please note, each carrier reserves the right to suspend long code service for any user at any time.
Requirements for short code/long code HELP and STOP?
Wireless carriers require certain information to be included in HELP and STOP message content for all US short/long codes. scgapps.us website powered by Strategic Commerce recommends including that information in the following format for your HELP and STOP messages to be considered compliant if your short/long code is tested by a carrier. We also recommend the following method for maintaining an opt-out list.
HELP Message
A compliant response is required whenever users text HELP to your short/long code, regardless of whether the user is subscribed to the program. Example:
End user: HELP or INFO
Short/Long code: {Campaign Name} {Description} Alerts: Help at {source of help #1} or {toll free number}. Msg&data rates may apply. {Message frequency}. Text STOP to cancel.
The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
• The first “source of help” should be a support email address or a link to your terms of service.
• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.
Managing Opt-Out Requests
Unlike on long codes, scgapps.us website powered by Strategic Commerce does not manage opt-out requests for short/long codes. This allows the short/long code application to independently manage subscription lists and requests from end users to re-opt in. When a short/long code app is created, a database for managing opt-in and opt-out will need to be created for it as well.
STOP Message
Along with maintaining an opt-out list, a compliant response is required whenever users text STOP or the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to your short/long code, regardless of whether the user was subscribed to the program previously. Example:
End user: STOP, END, QUIT, CANCEL or UNSUBSCRIBE
Short/Long code: You are unsubscribed from {Campaign Name} {Description} Alerts. No more messages will be sent. Reply HELP for help or {toll free number}.
STOP Filtering
End users may be subscribed to multiple campaigns running off of one short/long code and may want to unsubscribe from a particular campaign. This is achieved using STOP Filtering. To find out more about how to implement STOP Filtering, please see this FAQ.
For information on long code help and stop replies, please see this article.
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. Your company is required to comply with these guidelines in the use of any Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long t code service for any user at any time.
Opt-in requirements for Canada short codes and recommendations for long codes.
Canadian wireless carriers require that all short/long code advertisements and opt-in message flows meet certain criteria. scgapps.us website powered by Strategic Commerce recommends that your short/long code advertisements and opt-in message flows follow the examples provided below in order to meet carriers’ compliance standards.
Please note: the character limit for Canada short/long code SMS is 136 characters. Messages with more than 136 characters will not be delivered.
Short/Long Code Advertisement (also known as “Call to Action” or CTA) Guidelines
The wording of your short/long code advertisement (also known as a Call to Action, or CTA) will vary depending on the sign-up method, since it tells users how to opt into a short/long code campaign. An SMS Keyword Call to Action, for example, should look like this:
Text {Keyword} to ##### to sign up for alerts.
For all sign up methods, the following language must appear wherever the short/long code is advertised (on the web, in print, etc):
Standard message and data rates may apply. {Message frequency}. Text HELP to ##### for help. Text STOP to ##### to cancel. For terms: {URL to SMS terms of service}. For privacy: {URL to privacy policy}
Your website must also display a mailing address for your business.
Keep the following points in mind when writing your Call to Action:
Message frequency must be specific, for example: “1 message/day” or “4 messages/month.” If the message frequency will vary, it must be user-prompted (for example, “1 message/user request”). Note: the abbreviation “msgs” is not accepted; please use “msg” instead.
• The words “HELP” and “STOP” must appear in bold.
Opt-In Guidelines
Users can opt into a short/long code several ways: by sending a text message or opting in from a mobile app (Handset Opt-In); or by signing up on a web site, filling out a paper form, making a verbal agreement, or otherwise opting in without using a handset (Non-Handset Opt-in). In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers. Be sure to follow these opt-in compliance guidelines carefully:
Handset Opt-In
When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:
End user: {Keyword}
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.
Non-Handset Opt-In
When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:
(End user signs up without using mobile handset, and receives a text message from the short/long code asking to confirm opt-in)
Short/Long code: Text YES to join {Campaign Name} {Description} Alerts. Std msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.
Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.
You can review other short/long code compliance guidelines here.
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. You and/or your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long code service for any user at any time.
HELP and STOP requirements for Canada short/long codes.
Canadian wireless carriers require that all HELP and STOP message content meet certain criteria. scgapps.us website powered by Strategic Commerce recommends that your short/long code HELP and STOP messages follow the examples provided below in order to meet carriers’ compliance standards.
HELP Message Guidelines
A compliant response is required whenever users text the words HELP, INFO, or AIDE to your short/long code, regardless of whether the user is subscribed to the program. Example:
End user: HELP, INFO, or AIDE
Short/Long Code: {Campaign Name} Alerts: Help at {source of help 1} or {source of help 2}. Std msg&data rates may apply. {Message frequency}. Reply STOP to cancel.
STOP Message Guidelines
A compliant response is required whenever users text either STOP or ARRET to your short/long code, regardless of whether the user was subscribed to the program previously. Example:
End user: STOP or ARRET [or END, QUIT, CANCEL, UNSUBSCRIBE, UNSUB]
Short/long code: You are unsubscribed from {Campaign Name} Alerts, no more msg will be sent. Reply HELP for help or {source of help 1}. Std msg&data rates may apply.
Whenever an end user texts a non-supported keyword, your short/long code is required to respond as follows:
End user: (Invalid Keyword)
Short/Long code: { Campaign Name } Alerts: Invalid keyword, please try again. Std msg&data rates may apply.
Managing Opt-Out Requests
Unlike on long codes, scgapps.us website powered by Strategic Commerce does not manage opt-out requests for short/long codes. This allows the short/long code application to independently manage subscription lists and requests from end-users to re-opt in.
STOP Filtering
When a short/long code is created, a database for managing opt-in and opt-out will need to be created for it. The short/long code program should ask the user to text STOP to opt-out of all further messages from the short code. If the end-user doesn’t want to opt-out of all messages, he or she can differentiate which campaign to unsubscribe from by adding an additional keyword of STOPALL. Examples below:
End user: STOP
Short/Long code: To unsubscribe from {Campaign 1} Alerts, text 1; {Campaign 2} Alerts, text 2. Text STOPALL to unsubscribe from all messages.
End user: 1
Short/Long code: You are unsubscribed from {Campaign 1}. No more messages will be sent. Reply HELP for help or {source of help}. Std msg&data rates may apply.
OR
End user: STOPALL
Short/Long code: You are unsubscribed from all {Campaign Name} Alerts, no more messages. Reply HELP for help or {source of help}. Std msg&data rates may apply.
*These messages have not been formatted to fit within 136 characters*
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. Your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long code service for any user at any time.
When using the scgapps.us website powered by Strategic Commerce system clients agree to follow the same protocol above for both Canadian and US long and shot code messaging.
8.Miscellaneous.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Maryland. Accordingly, it shall be governed and construed in accordance with the laws in the State of Maryland in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our scgapps.us website powered by Strategic Commerce must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in the State of Maryland. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to scgapps.us website powered by scgapps.us website powered by Strategic Commerce.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by scgapps.us website powered by Strategic Commerce, in order to protect you and scgapps.us website powered by Strategic Commerce. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at scgapps.us website powered by scgapps.us website powered by Strategic Commerce have paid to license the use of these legal notices and administrative pages on scgapps.us website powered by scgapps.us website powered by Strategic Commerce for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
https://strategiccommerce.freshdesk.com/support/home
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
Our scgapps.us website powered by Strategic Commerce (and other “internal” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).
Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use of our scgapps.us website powered by Strategic Commerce and the content and materials provided in it.
Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our scgapps.us website powered by Strategic Commerce or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our scgapps.us website powered by Strategic Commerce prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.
Trademarks
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of scgapps.us website powered by Strategic Commerce or related parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.
2. Use of our website.
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our scgapps.us website powered by Strategic Commerce is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use of our scgapps.us website powered by Strategic Commerce or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access
Access to certain areas of our scgapps.us website powered by Strategic Commerce is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our scgapps.us website powered by Strategic Commerce or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated.
Viruses, etc.
You also understand that scgapps.us website powered by Strategic Commerce cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our scgapps.us website powered by Strategic Commerce makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website contains links to third party Websites. Our scgapps.us website powered by Strategic Commerce makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our scgapps.us website powered by Strategic Commerce, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.
Our scgapps.us website powered by Strategic Commerce does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
3. Indemnification.
You agree to indemnify, defend and hold harmless our scgapps.us website powered by Strategic Commerce, its members, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5.Term; Termination.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by scgapps.us website powered by Strategic Commerce without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.
The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
7. SMS Terms of Service
A. Messages and Storage
scgapps.us website powered by Strategic Commerce assumes no responsibility and/or liability for failure to store information regarding any user information, including message logs, contacts, and profile information. scgapps.us website powered by Strategic Commerce reserves the right to, at its sole discretion, with prior notification change the amount of text messages available to each group.
scgapps.us website powered by Strategic Commerce always strives for timely delivery of messages, but messages may be delivered in a delayed fashion due to overloaded network traffic or queuing problems, potentially resulting in late messages.
“I agree that by continuing to send my subscribers have explicitly opt-ed in to receive text message marketing from me and/or my company. “
I further agree to include my sender or business information along with STOP to end opt-out information on each campaign. I agree to scgapps.us website powered by Strategic Commerce Terms of Service and I understand that marketing messages with similar content that are sent to high volumes (500 or more) of subscribers can lead to being filtered as SPAM by the carriers. scgapps.us website powered by Strategic Commerce does not have control over the destination carrier level decision to filter messages. If you are a large volume sender (more than 500 messages at a time) you should consider contacting us for information around utilizing our multiple rotating long code numbers.
scgapps.us website powered by Strategic Commerce does not offer refunds based on the destination carrier’s choice to filter messages as SPAM.
B. Compliance with Federal Trade Commission (FTC)/The Telephone Consumer Protection Act (“TCPA”)
The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using scgapps.us website powered by Strategic Commerce services. Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the scgapps.us website powered by Strategic Commerce platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the scgapps.us website powered by Strategic Commerce Services. You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the scgapps.us website powered by Strategic Commerce services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the scgapps.us website powered by Strategic Commerce Services by visiting the following websites or areas: Do Not Call Registry Info, http://www.donotcall.gov, Federal Trade Commission, http://www.ftc.gov, Federal Communications Commission, http://www.fcc.gov,Individual State Do Not Call Lists. The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. scgapps.us website powered by Strategic Commerce owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. Please visit the scgapps.us website powered by Strategic Commerce support desk http://pwcanswers.com/v2/site/strategic_commerce for more information. I confirm that all of my subscribers have explicitly opted in to receiving text messages and that I am complying with all Do Not Call laws.”
C. Order acceptance
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify scgapps.us website powered by Strategic Commerce promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.
Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.
D. Fees and Payments
Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.
Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be charged or invoiced at the time of use. scgapps.us website powered by Strategic Commerce will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.
Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable the date of the invoice, unless otherwise specified in the Order Form.
Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your scgapps.us website powered by Strategic Commerce account. All payment obligations are noncancelable and all amounts paid are nonrefundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies scgapps.us website powered by Strategic Commerce in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then scgapps.us website powered by Strategic Commerce may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then scgapps.us website powered by Strategic Commerce may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then scgapps.us website powered by Strategic Commerce: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).
Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides scgapps.us website powered by Strategic Commerce with a valid tax exemption certificate authorized by the appropriate taxing authority.
E. Credits
Credits are vouchers that you purchase that are outlined in your service plan agreement for use with scgapps.us website powered by Strategic Commerce software service. Credits changed based on the in and out flow along with the type of message (SMS or MMS) and this causes the amount of credits required to either increase or decrease. Our pricing page will always indicate this pricing information and how it relates to the increase or decrease of credits. The submission sent or received messages will cause your credits to be debited from your account balance and this balance is displayed 24/7 online in your account profile.
Expiration of Credits. Subscription credits do not expire, if the subscription payments are current. Credit will expire within 60 days if pasted due subscription payments are not paid in full.
F. Downtime and Service Suspensions;
Security
In addition to our rights to terminate or suspend Services to You as described in the Terminate and Usage Section, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 6, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 9 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content including all audio recordings associated with Your account. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.
G. Fees and Billing POLICY Product Availability
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
H. Inactive Termination
If your personal account is inactive for over 60 days, scgapps.us website powered by Strategic Commerce has sole discretion to permanently remove your account, including contact lists, message logs, and any other information stored by scgapps.us website powered by Strategic Commerce. scgapps.us website powered by Strategic Commerce will attempt to contact you via the email address you provided prior to taking any permanent actions in regards to removal. Please note that any remaining credit after 90 days of inactivity may be removed from your account without refund.
The User is free to terminate or cancel his/her Agreement at any time and for any reason. Any questions concerning this should be addressed to support desk http://pwcanswers.com/v2/site/strategic_commerce .
I. Opt-in Requirements
Users can opt-in to a long code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.
Opt-in requirements for US short/long codes?
Users can opt-in to a long code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.
Handset Opt-In: Sending a text message from a mobile phone to a short/long code
When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:
End user: {Keyword}
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.
Non-Handset Opt-in: Asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.
When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:
(User signs up without using mobile handset, and receives a text message from the short/long asking to confirm opt-in)
Short/Long: Text sYES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.
These guidelines are based on carrier conditions of short/long service and other industry standards. You or your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided long code number. Please note, each carrier reserves the right to suspend long code service for any user at any time.
Requirements for short code/long code HELP and STOP?
Wireless carriers require certain information to be included in HELP and STOP message content for all US short/long codes. scgapps.us website powered by Strategic Commerce recommends including that information in the following format for your HELP and STOP messages to be considered compliant if your short/long code is tested by a carrier. We also recommend the following method for maintaining an opt-out list.
HELP Message
A compliant response is required whenever users text HELP to your short/long code, regardless of whether the user is subscribed to the program. Example:
End user: HELP or INFO
Short/Long code: {Campaign Name} {Description} Alerts: Help at {source of help #1} or {toll free number}. Msg&data rates may apply. {Message frequency}. Text STOP to cancel.
The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
• The first “source of help” should be a support email address or a link to your terms of service.
• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.
Managing Opt-Out Requests
Unlike on long codes, scgapps.us website powered by Strategic Commerce does not manage opt-out requests for short/long codes. This allows the short/long code application to independently manage subscription lists and requests from end users to re-opt in. When a short/long code app is created, a database for managing opt-in and opt-out will need to be created for it as well.
STOP Message
Along with maintaining an opt-out list, a compliant response is required whenever users text STOP or the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to your short/long code, regardless of whether the user was subscribed to the program previously. Example:
End user: STOP, END, QUIT, CANCEL or UNSUBSCRIBE
Short/Long code: You are unsubscribed from {Campaign Name} {Description} Alerts. No more messages will be sent. Reply HELP for help or {toll free number}.
STOP Filtering
End users may be subscribed to multiple campaigns running off of one short/long code and may want to unsubscribe from a particular campaign. This is achieved using STOP Filtering. To find out more about how to implement STOP Filtering, please see this FAQ.
For information on long code help and stop replies, please see this article.
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. Your company is required to comply with these guidelines in the use of any Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long t code service for any user at any time.
Opt-in requirements for Canada short codes and recommendations for long codes.
Canadian wireless carriers require that all short/long code advertisements and opt-in message flows meet certain criteria. scgapps.us website powered by Strategic Commerce recommends that your short/long code advertisements and opt-in message flows follow the examples provided below in order to meet carriers’ compliance standards.
Please note: the character limit for Canada short/long code SMS is 136 characters. Messages with more than 136 characters will not be delivered.
Short/Long Code Advertisement (also known as “Call to Action” or CTA) Guidelines
The wording of your short/long code advertisement (also known as a Call to Action, or CTA) will vary depending on the sign-up method, since it tells users how to opt into a short/long code campaign. An SMS Keyword Call to Action, for example, should look like this:
Text {Keyword} to ##### to sign up for alerts.
For all sign up methods, the following language must appear wherever the short/long code is advertised (on the web, in print, etc):
Standard message and data rates may apply. {Message frequency}. Text HELP to ##### for help. Text STOP to ##### to cancel. For terms: {URL to SMS terms of service}. For privacy: {URL to privacy policy}
Your website must also display a mailing address for your business.
Keep the following points in mind when writing your Call to Action:
Message frequency must be specific, for example: “1 message/day” or “4 messages/month.” If the message frequency will vary, it must be user-prompted (for example, “1 message/user request”). Note: the abbreviation “msgs” is not accepted; please use “msg” instead.
• The words “HELP” and “STOP” must appear in bold.
Opt-In Guidelines
Users can opt into a short/long code several ways: by sending a text message or opting in from a mobile app (Handset Opt-In); or by signing up on a web site, filling out a paper form, making a verbal agreement, or otherwise opting in without using a handset (Non-Handset Opt-in). In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers. Be sure to follow these opt-in compliance guidelines carefully:
Handset Opt-In
When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:
End user: {Keyword}
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.
Non-Handset Opt-In
When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:
(End user signs up without using mobile handset, and receives a text message from the short/long code asking to confirm opt-in)
Short/Long code: Text YES to join {Campaign Name} {Description} Alerts. Std msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short/Long code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.
Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.
You can review other short/long code compliance guidelines here.
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. You and/or your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long code service for any user at any time.
HELP and STOP requirements for Canada short/long codes.
Canadian wireless carriers require that all HELP and STOP message content meet certain criteria. scgapps.us website powered by Strategic Commerce recommends that your short/long code HELP and STOP messages follow the examples provided below in order to meet carriers’ compliance standards.
HELP Message Guidelines
A compliant response is required whenever users text the words HELP, INFO, or AIDE to your short/long code, regardless of whether the user is subscribed to the program. Example:
End user: HELP, INFO, or AIDE
Short/Long Code: {Campaign Name} Alerts: Help at {source of help 1} or {source of help 2}. Std msg&data rates may apply. {Message frequency}. Reply STOP to cancel.
STOP Message Guidelines
A compliant response is required whenever users text either STOP or ARRET to your short/long code, regardless of whether the user was subscribed to the program previously. Example:
End user: STOP or ARRET [or END, QUIT, CANCEL, UNSUBSCRIBE, UNSUB]
Short/long code: You are unsubscribed from {Campaign Name} Alerts, no more msg will be sent. Reply HELP for help or {source of help 1}. Std msg&data rates may apply.
Whenever an end user texts a non-supported keyword, your short/long code is required to respond as follows:
End user: (Invalid Keyword)
Short/Long code: { Campaign Name } Alerts: Invalid keyword, please try again. Std msg&data rates may apply.
Managing Opt-Out Requests
Unlike on long codes, scgapps.us website powered by Strategic Commerce does not manage opt-out requests for short/long codes. This allows the short/long code application to independently manage subscription lists and requests from end-users to re-opt in.
STOP Filtering
When a short/long code is created, a database for managing opt-in and opt-out will need to be created for it. The short/long code program should ask the user to text STOP to opt-out of all further messages from the short code. If the end-user doesn’t want to opt-out of all messages, he or she can differentiate which campaign to unsubscribe from by adding an additional keyword of STOPALL. Examples below:
End user: STOP
Short/Long code: To unsubscribe from {Campaign 1} Alerts, text 1; {Campaign 2} Alerts, text 2. Text STOPALL to unsubscribe from all messages.
End user: 1
Short/Long code: You are unsubscribed from {Campaign 1}. No more messages will be sent. Reply HELP for help or {source of help}. Std msg&data rates may apply.
OR
End user: STOPALL
Short/Long code: You are unsubscribed from all {Campaign Name} Alerts, no more messages. Reply HELP for help or {source of help}. Std msg&data rates may apply.
*These messages have not been formatted to fit within 136 characters*
Please note: These guidelines are based on carrier conditions of short/long code service and other industry standards. Your company is required to comply with these guidelines in the use of any scgapps.us website powered by Strategic Commerce provided short/long code. Each carrier reserves the right to suspend short/long code service for any user at any time.
When using the scgapps.us website powered by Strategic Commerce system clients agree to follow the same protocol above for both Canadian and US long and shot code messaging.
8.Miscellaneous.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Maryland. Accordingly, it shall be governed and construed in accordance with the laws in the State of Maryland in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our scgapps.us website powered by Strategic Commerce must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in the State of Maryland. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to scgapps.us website powered by scgapps.us website powered by Strategic Commerce.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by scgapps.us website powered by Strategic Commerce, in order to protect you and scgapps.us website powered by Strategic Commerce. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at scgapps.us website powered by scgapps.us website powered by Strategic Commerce have paid to license the use of these legal notices and administrative pages on scgapps.us website powered by scgapps.us website powered by Strategic Commerce for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
https://strategiccommerce.freshdesk.com/support/home
443-470-6091
Powered By Strategic Commerce |100 West Road, Towson MD, 21204
Copyright 2018 | All Rights Reserved
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