By using or registering for 6Channel6 Reminder Service, you agree to these terms and conditions ("Terms of Service") and the 6Channel6 Privacy Policy. You agree to accept notices electronically. Each time you use the Service, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Service. You cannot use or sign up for the Service until you have accepted these Terms of Service.
6Channel6 may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the 6Channel6 Reminder Service. 6Channel6 will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the 6Channel6 Reminder Service and cancel your registration.
The 6Channel6 Reminder Service is intended for general audiences.
You represent and warrant that you have adequate legal capacity to enter
into binding agreements such as these Terms of Service. 6Channel6 Reminder Service
may require the user to register and provide information to 6Channel6,
such as name, e-mail address, MSN messenger account, and phone number
(the "Registration Information"). If you register for any 6Channel6 Reminder Service,
you agree to provide accurate and complete Registration Information and you agree
to keep such information current.
If you do not have an ID, you can register for an ID on www.6Channel6.com.
You may not
(1) select or use an ID of another person with the intention of impersonating that person,
(2) use an ID of anyone else without authorization,
(3) use an ID in violation of the intellectual property rights of any person or
(4) use an ID that 6Channel6 considers in its sole discretion as being inappropriate.
Unless you subscribe to fee-based subscription service, you must use your ID on a regular basis (e.g., log into www.6Channel6.com) to keep your ID and registration active. 6Channel6 may cancel the registration and ID and delete any data of any registered user who does not have a current subscription or who 6Channel6 has determined in its sole discretion has not used such ID for a period of ninety (90) days. If your ID is canceled, you will need to re-register for 6Channel6 Reminder Service and obtain a new ID to gain access to registration-based service. If the ID that you previously used and which was canceled has not been taken by another registered user of 6Channel6, you may re-register with your canceled ID. You agree that 6Channel6 may deactivate any free accounts offered by 6Channel6 that you do not use or visit for a period of thirty (90) consecutive days. You agree that 6Channel6 has no responsibility or liability for the deletion or failure to store any data on such deactivated accounts.
The 6Channel6 Privacy Policy explains how 6Channel6
collects and uses information and the choices you have with that information.
You consent to 6Channel6 using your registration information and other information
collected by 6Channel6 under the terms of the 6Channel6 Privacy Policy.
By registering with or using 6Channel6 Reminder Service, you consent to the collection
and use of your personal information and the transfer of this information to the
United States or other countries for the processing and storage by 6Channel6.
You are responsible for all activity made by you or anyone you allow using your 6Channel6 ID,
including your family or friends. You agree to keep confidential the passwords
associated with your account. You may not use 6Channel6 while driving,
operating hazardous equipment, or engaging in other forms of hazardous activities.
You agree to indemnify and hold harmless 6Channel6 for losses incurred by 6Channel6
or another party due to someone else using your account or password as a result of
your failure to use reasonable care to keep your account information confidential
or as a result of your failure to use reasonable care while using 6Channel6 Reminder Service.
You are responsible for any materials you post or make available on or
through the 6Channel6 Reminder Service.
You are responsible for obtaining your own Internet access, all telephones, cell phone, text message, Fax, computer hardware and other equipment needed for access to and use of the 6Channel6 Reminder Service, and all charges related thereto. Any telephone, text message, or other communications charges incurred by you to access 6Channel6 and receive reminder from 6Channel6 are your responsibility. If you are accessing 6Channel6 through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
You may use 6Channel6 Reminder Service for lawful purposes only. You may not send reminder that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in 6Channel6's judgment, restricts or inhibits any other user from using or enjoying the 6Channel6 Reminder Service.
You may not use 6Channel6 Reminder Service to send unsolicited bulk notification. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk notification, or cause unsolicited bulk notification to be sent by someone else. You may not harvest or collect information about 6Channel6 users from 6Channel6 Reminder Service, including ID, and use that information for the purpose of sending unsolicited bulk notification. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that 6Channel6 may take any legal and technical remedies to prevent unsolicited bulk notification from entering, utilizing or remaining within 6Channel6's networks.
6Channel6 is not required to pre-screen the messages posted by users, although 6Channel6 reserves the right to do so in its sole discretion. 6Channel6 is not liable for messages that are provided by others. 6Channel6 reserves the right to remove any message that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but 6Channel6 is not responsible for any failure or delay in removing such material.
It is your responsibility to verify that the phone numbers to which you send reminders are not on the do-not-call list. 6Channel6 is not required to check. 6Channel6 is not liable for the phone reminders you send.
6Channel6 has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the 6Channel6 Reminder Service including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on 6Channel6 servers on your behalf either cumulatively or for any particular service or the availability of 6Channel6 Reminder Service on any particular input channels. 6Channel6 has no obligation to provide you with notice of any such changes.
You may access 6Channel6 Reminder Service only through the interfaces and protocols provided or authorized by 6Channel6. You agree that you will not access 6Channel6 Reminder Service through unauthorized means, such as unlicensed software clients, and that you will only use 6Channel6 Reminder Service in conjunction with 6Channel6 authorized reminder services and components.
You understand that your use of the Service is at your own risk and that 6Channel6 provides no assistance other than the information posted on the 6Channel6 web site located at http://www.6Channel6.com/help/faq.htm. 6Channel6 is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Service.
Third parties may offer from time to time applications or services to access 6Channel6 Reminder Service. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. 6Channel6 does not represent and warrant that access and use of 6Channel6 Reminder Service through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the 6Channel6 Reminder Service at all times and locations of your choice. You also agree that 6Channel6 is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make 6Channel6 Reminder Service accessible through these third-party applications.
If you believe that your work has been copied and is accessible on 6Channel6 Reminder Service in a way that constitutes copyright infringement, please contact 6Channel6.
6Channel6 Reminder Service may contain links to other web sites, resources and advertisers. 6Channel6 is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, product or other materials made available on or through such external sites. Under no circumstances shall 6Channel6 or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.
DISCLAIMER OF WARRANTIES. YOUR USE OF THE 6Channel6 Reminder Service IS
AT YOUR SOLE RISK. THE 6Channel6 Reminder Service IS PROVIDED "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SPECIFICALLY, 6Channel6 DISCLAIM IMPLIED WARRANTIES THAT THE 6Channel6
Reminder Service IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. 6Channel6 DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 6Channel6 NOTIFICATION
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 6Channel6
Reminder Service WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE 6Channel6 Reminder Service WILL BE CORRECTED. 6Channel6 DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE 6Channel6 Reminder Service, OR RELATED DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
6Channel6 PROVIDES THE 6Channel6 Reminder Service ON A COMMERCIALLY
REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS
OR USE THE 6Channel6 Reminder Service AT TIMES OR LOCATIONS OF THEIR
CHOOSING, OR THAT 6Channel6 WILL HAVE ADEQUATE CAPACITY FOR THE 6Channel6
Reminder Service AS A WHOLE.
LIMITATION OF LIABILITY. 6Channel6'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY WITH RESPECT TO ANY DISPUTE WITH 6Channel6 (INCLUDING WITHOUT LIMITATION
YOUR USE OF 6Channel6 Reminder Service) IS TO DISCONTINUE YOUR USE OF
THE 6Channel6 Reminder Service. 6Channel6 SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING
FROM YOUR USE OF THE 6Channel6 Reminder Service, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH 6Channel6 NOTIFICATION
SERVICE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 6Channel6 HAD BEEN ADVISED
OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
UPON WHICH THE CL6CHANNEL6 IS BASED. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 6Channel6'S LIABILITY
IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6Channel6 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY Reminder Service
OFFERED THROUGH 6Channel6 AND WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF REMINDER SERVICES OR SOFTWARE.
You agree to defend, indemnify and hold harmless 6Channel6, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the 6Channel6 notification service. 6Channel6 reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for 6Channel6 in that matter.
6Channel6 has the right to terminate your ID, your registration, or your access to 6Channel6 Reminder Service for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). 6Channel6 may, but shall be under no obligation to, provide you a warning prior to termination of your use of the 6Channel6 Reminder Service.
All trademarks appearing on the 6Channel6 Reminder Service are the property of their respective owners, including, without limitation, 6Channel6 Inc.
6Channel6 may from time to time give you the opportunity to purchase or
subscribe to reminder services and premium services on 6Channel6
(collectively, "Premium Services"). You agree that your purchase or
subscription of any Premium Service will be subject to additional terms
and conditions that will supplement this agreement.
You can go to "My Account" on the www.6Channel6.com to get information about
billing or to determine the status of your bill and the amount of any surcharge.
Any trial promotion (such as free trial time or trial access to a Premium Service)
must be used within the specified time of the trial. You must cancel your account
before the end of the trial period to avoid being charged a membership fee.
Please note, however, that even during any free trial or other promotion,
you will still be responsible for any purchases and surcharges incurred
using your account and that you remain responsible for any telecommunications
charges, internet access charges, or data service charge that you may incur
while you use a Premium Service.
You must select a payment method to pay for your fees for any Premium Service
and for all purchases made from 6Channel6 Reminder Service. You must give
6Channel6 accurate billing and payment information and keep this information
up-to-date through the "My Account" area on www.6Channel6.com. You agree to
pay 6Channel6 for all charges incurred under your account, including all
applicable taxes, fees and surcharges. You authorize 6Channel6 to charge
your designated payment method for these charges. If 6Channel6 does not
receive payment from your designated payment method, you agree to pay all
amounts due upon demand by 6Channel6 .
Every time you use 6Channel6 Reminder Service, you reaffirm that (i) 6Channel6 is authorized to charge your designated payment method;
(ii) 6Channel6 may submit charges incurred under your account for payment; and
(iii) you will be responsible for such charges, even if your membership is canceled or terminated.
You are responsible for all charges incurred under your account, including
applicable taxes, fees, surcharges and purchases made by you or anyone on your account.
You must notify 6Channel6's customer service about any billing problems or
discrepancies within 90 days after they first appear on your Account statement.
If you do not bring them to 6Channel6's attention within 90 days, you agree
that you waive your right to dispute such problems or discrepancies.
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or 6Channel6 otherwise terminates your subscription. Also, under most subscription plans, 6Channel6 will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or 6Channel6 otherwise terminates your subscription.
6Channel6, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR 6Channel6 Reminder Service, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM 6Channel6 ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that 6Channel6 generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to 6Channel6 during registration or (2) 6Channel6 may post Notices on a welcoming page. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of 6Channel6. The delivery of any Notice from 6Channel6 is effective when sent by 6Channel6, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other reminder services provided under these Terms of Service.
A. The provisions of these Terms of Service addressing disclaimers of
representations and warranties, limitation of liability, indemnity obligations,
intellectual property, Premium Services and governing law shall survive the
termination of these Terms of Service, your Premium Services and your
registration with the 6Channel6 Reminder Service.
B. These Terms of Service and any operating rules for any areas of
functionality of the 6Channel6 Reminder Service established by
6Channel6 constitute the entire agreement between 6Channel6 and you
regarding the subject matter of these Terms of Service, and supersede
all previous written or oral agreements. In the event of any
inconsistency between these Terms of Service and any such other
terms of use or operating rules of a specific 6Channel6 notification
service, these Terms of Service will supersede such other terms of
service or operating rules. The Terms of Service shall be governed
by and construed in accordance with the laws of the State of New Jersey,
without regard to its conflict of laws rules. You expressly agree that
the exclusive jurisdiction for any claim or dispute under the Terms of Service
and or your use of the 6Channel6 Reminder Service resides in the courts
located in the State of New Jersey, and you further expressly agree to
submit to the personal jurisdiction of such courts for the purpose of
litigating any such claim or action. The foregoing provision may not
apply to you depending on the laws of your jurisdiction. No waiver by
either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal import.