Terms of Service

MYWIRELESSREMINDER.COM™ TERMS OF SERVICE AGREEMENT
1. What is this mywirelessreminder.com™ Terms of Service Agreement about and why should you read it?
This mywirelessreminder.com™ Terms of Service Agreement (referred to below as the “Agreement”) describes:
(a) your rights and obligations when accessing and using the mywirelessreminder.com™ services for which you successfully register (referred to below as the “mywirelessreminder.com™ Services”) and the mywirelessreminder.com™ Internet site (referred to below as “mywirelessreminder.com™”)
(b) mywirelessreminder.com™’s rights and obligations towards you concerning the mywirelessreminder.com™ Services and mywirelessreminder.com™, including limitations to mywirelessreminder.com™’s liability
(c) other important details about how the mywirelessreminder.com™ Services are operated, including information about mywirelessreminder.com™’s privacy policy and procedures, security of mywirelessreminder.com™ and the mywirelessreminder.com™ services
If you click on the “I agree” button below, you will be entering into a contractual relationship with Intuitive Solutions, LLC, the owner and operator of the mywirelessreminder.com™ Services and mywirelessreminder.com™ (referred to in this Agreement as “we”, “our”, and “us”), on the terms and conditions contained in this Agreement. This Agreement (and any modifications to it) will represent the entire agreement between you and Intuitive Solutions, LLC with respect to the mywirelessreminder.com™ Services and mywirelessreminder.com™ and is different than and completely separate from your Agreement with your telephone and Internet service providers and from any and all agreements that mywirelessreminder.com™ may have with its service providers to which you are not a party.
If you do not agree with any of the terms and conditions contained in this Agreement, click on the “I Decline” button below and you will be returned to the mywirelessreminder.com™ home page without being registered for the mywirelessreminder.com™ Services that brought you to this Internet page.
2. How will mywirelessreminder.com™ update this Agreement and where will you be able to look at it again?
mywirelessreminder.com™ may change, add to or delete any portion of this Agreement in its discretion at any time. Each of these changes, additions or deletions (which may also be referred to as “amendments” will be effective when notice of them is posted on mywirelessreminder.com™. Your continued use of the mywirelessreminder.com™ Service and/or mywirelessreminder.com™ after amendments are posted will be considered acceptance of those changes. It is your sole responsibility to monitor mywirelessreminder.com™ to determine whether any such amendments have been posted.
A copy of the most current version of this mywirelessreminder Terms of Service Agreement will be available through a link on the mywirelessreminder.com™ Internet site for your convenience and ease of reference. We recommend that you print and retain a copy of this Agreement for your records.
3. Registration
By clicking on the “I agree” button below, you verify that the information provided by you in the registration process is true, accurate, current and complete to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that the information is untrue, inaccurate, not current or incomplete, we may terminate or suspend your account or refuse any or all current or future use of mywirelessreminder.com™ and/or the mywirelessreminder.com™ Services.
mywirelessreminder.com™ may reject any application for registration for any mywirelessreminder.com™ services in its discretion without explanation.
If mywirelessreminder.com™ accepts your application for registration, mywirelessreminder.com™ will set up an account (your “mywirelessreminder.com™ Account”) for you relating to your mywirelessreminder.com™ Services and will send confirmation of your mywirelessreminder.com™ Account and other useful information to the e-mail address used by you in your application for registration.
4. Access to and use of mywirelessreminder.com™
If you have a mywirelessreminder.com™ Account and have registered for one or more mywirelessreminder.com™ Services, then you may access and use the password-protected member sections of mywirelessreminder.com™ that relate to your account using your mywirelessreminder.com™ Username and Password.
You understand and agree that each message sent using mywirelessreminder.com™ and the mywirelessreminder.com™ Services is the sole responsibility of the person from whom the message originated. This means that you, not us, are entirely responsible for the messages and the content of the messages you send using mywirelessreminder.com™ and the mywirelessreminder.com™ Services. We do not control the content in messages sent by mywirelessreminder.com™ members, and accordingly, do not guarantee the accuracy, integrity, quality or timeliness of messages or their content.
You agree that, in using mywirelessreminder.com™ and the mywirelessreminder.com™ Services, you will not:

send any message or any content that is offensive, indecent, objectionable, unlawful, harmful, hateful, racist, threatening, abusive, harassing, invasive of another’s privacy, tortious, libelous, defamatory, vulgar or obscene;

“stalk” or otherwise harass another person;

impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;

send any message or any content that is unwelcome, including without limitation any unsolicited advertising, “spam”, junk mail, chain letters, promotional materials, “pyramid schemes” or any other form of unwelcome solicitation; or

interfere with or otherwise attempt to disrupt or engage in any activity that could reasonably be expected to disrupt mywirelessreminder.com™ or the mywirelessreminder.com™ Services or any servers or networks directly or indirectly connected to mywirelessreminder.com™ or any other Internet site or mobile communications device.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE IN ANY WAY FOR MESSAGES OR THEIR CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY MESSAGES OR CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MESSAGES OR CONTENT SENT USING MYWIRELESSREMINDER.COM™ OR THE MYWIRELESSREMINDER.COM™ SERVICES. WE ARE NOT RESPONSIBLE FOR ANY MISSED APPOINTMENTS OR ANY REPERCUSSIONS OF MISSED APPOINTMENTS DUE TO MESSAGE FAILURE FOR ANY REASON.
While we do not screen content, you acknowledge that we may (but are not obligated to), in our sole discretion, refuse to send or remove any messages or content from mywirelessreminder.com™ or the mywirelessreminder.com™ Services, including without limitation any messages or content that violate or are inconsistent with the principles for message content articulated in this Agreement.
You agree that you must evaluate, and bear all risks associated with, the use of mywirelessreminder.com™ and the mywirelessreminder.com™ Services, including without limitation, any reliance on the accuracy, completeness or usefulness of messages sent using mywirelessreminder.com™ and the mywirelessreminder.com™ Services.
While a confirmation will be sent to the e-mail address you supplied when registering confirming that one or more messages were sent, we cannot and will not be responsible for delivery of messages by third party carriers and telecommunications providers. We are not responsible for messages sent by us that are not delivered by carriers or not picked up by recipients for any reason whatsoever. You acknowledge and understand that the technical processing and transmission of messages will involve transmissions over various networks and may involve changes to conform and adapt to technical requirements of connecting networks or devices. Furthermore, messages sent by us may be cached by sending and receiving networks, and receipt of messages by recipients may be delayed during peak traffic periods, and therefore the timeliness of message delivery is never guaranteed.  For more information, please consult your carrier.
You are solely responsible for obtaining and maintaining all equipment, Internet browsers and telecommunications devices necessary to connect to and use the Internet, mywirelessreminder.com™ and the mywirelessreminder.com™ Services.
You agree to comply with all applicable local, provincial, state and federal laws and regulations that relate to your use of activities with respect to mywirelessreminder.com™.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of mywirelessreminder.com™, the mywirelessreminder.com™ Services or access to or use of mywirelessreminder.com™ or the mywirelessreminder.com™ Services.
We are concerned about the safety and privacy of all of our members, especially minors. Parents who wish to permit their children who are under 18 should assist them in registration and supervise their use of the mywirelessreminder.com™ Services.
5. Fees
Subscribing to mywirelessreminder.com™ is free.  However, some wireless carriers may charge up to $0.15 (15 cents) for each SMS or MMS message received on your mobile phone or the recipient’s mobile phone (if either of you do not have a text messaging plan through the wireless carrier). These days, most people have a text messaging plan in place so you or the recipient will likely not incur any extra charges unless you exceed your monthly allotted messages.  We are not responsible for any such charges. Once a mywirelessreminder message has been sent, it cannot be changed or recalled and you will be responsible for all external charges and other consequences associated with the sending of that mywirelessreminder message. Keep in mind that mywirelessreminder.com™ also allows you the flexibility to send messages to email addresses which of course is a free option.
6. Security and Third Parties
mywirelessreminder.com™ uses password and database security, including Secure Socket Layers (SSL) 128 bit encryption technology, to protect mywirelessreminder.com™ and the integrity and security of data contained in mywirelessreminder.com™. However, you acknowledge and agree that the security and integrity of mywirelessreminder.com™ cannot be guaranteed. You agree that our security procedures for the site are reasonable and adequate for your use and that mywirelessreminder.com™ will not incur any liability of any kind whatsoever with respect to such security measures.
You are solely responsible for maintaining the confidentiality and security of your Username and Password. You agree to maintain your Username and Password in a secure manner and to destroy it in a way that will make it unreadable when you dispose of any materials containing your Username and/or Password. Any account activity undertaken with the use of your Username and Password shall be conclusively presumed to be authorized by you. You agree to notify us in writing immediately at info@mywirelessreminder.com if you know or suspect that your Username and/or Password has been lost, stolen, or the subject of unauthorized use. You are solely and fully responsible for all actions and communications undertaken or transmitted under your Password and/or mywirelessreminder.com™ Account and you agree to comply with all applicable laws and regulations in connection with your use of mywirelessreminder.com™.
It is your sole responsibility to ensure that you exit from your mywirelessreminder.com™ Account by logging out at the end of each session. While we have no obligation to do so, you agree that we may log off accounts that are inactive for an extended period of time and that we will have no liability for doing so to you or to any third party.
As a convenience to you, mywirelessreminder.com™ may link to web sites operated by other entities. You acknowledge and agree that, because we have no control over those sites, we are not responsible for their availability, security, content, products or other materials on or available from such sites. Links do not imply that we endorse or are affiliated with any linked sites.
7. Privacy
This section covers our treatment of personal information that you enter into mywirelessreminder.com™ or that we collect when you are on mywirelessreminder.com™. This section does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage, including without limitation, your telephone service provider.
You acknowledge and agree that you are solely responsible for ensuring that all information that you enter into mywirelessreminder.com™ is and collected, used and disclosed in compliance with all applicable privacy laws. We will have no liability to you or to the recipient of any message from you to the extent such information is not collected, used and disclosed by any user in compliance with privacy laws.
We do not use any personal information you enter into mywirelessreminder.com™ for any purpose other than to provide the mywirelessreminder.com™ Services and to answer your questions about the mywirelessreminder.com™ Services and mywirelessreminder.com™. If you choose not to complete the registration process, we delete all mobile numbers entered by you into mywirelessreminder.com™ instantly. We will not sell or rent personal information provided by you to us to anyone. We will not use or share any of this information with any third party except: (1) to our service providers, including telephone service providers, as required to operate mywirelessreminder.com™ and to provide the mywirelessreminder.com™ Services; and (2) as required by law. In addition, we may communicate with you from time to time about your mywirelessreminder.com™ account, updates and upgrades to the mywirelessreminder.com™ Services and other mywirelessreminder.com™ Services that are available, at your e-mail address provided to us by you as part of your registration for the mywirelessreminder.com™ Services.
When you visit mywirelessreminder.com™, our web servers may collect the name of the domain you used to access the Internet and the web site you came from and visit next. This information is used by us to measure the number of visits, average time spent, page views, and other statistics about visitors to mywirelessreminder.com™ in general. We may set and access cookies on your computer as necessary for the effective operation of mywirelessreminder.com™ and the provision of the mywirelessreminder.com™ Services.
8. Changes to the Functionality of mywirelessreminder.com™
We may change, modify, add, remove, suspend, cancel or discontinue any aspect of the mywirelessreminder.com™ Service or mywirelessreminder.com™, including the content of mywirelessreminder.com™ and/or the availability of any features of the mywirelessreminder.com™ Service and/or mywirelessreminder.com™ at any time in mywirelessreminder.com™’s discretion. We may also impose limits on certain features and services or restrict your access to all or part of the mywirelessreminder.com™ Service and/or mywirelessreminder.com™ without notice or liability at any time. mywirelessreminder.com™ may terminate your use of all or part of the mywirelessreminder.com™ Service or mywirelessreminder.com™ at any time in its sole discretion, provided that, as your sole remedy, we will refund to you any prepaid fees actually paid by you specifically related to that service or functionality.
9. Indemnity and Liability
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by us directly or in directly as a result of or in connection with: (1) your use of mywirelessreminder.com™ and the mywirelessreminder.com™ Services in any manner that is not fully compliant with this Agreement; and (2) any content, data or other information or materials that you send, distribute, transmit or otherwise make available to any person using mywirelessreminder.com™ and/or the mywirelessreminder.com™ Services.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE MYWIRELESSREMINDER.COM™ SERVICE AND ACCESS TO MYWIRELESSREMINDER.COM™ ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF MYWIRELESSREMINDER.COM™ AND THE MYWIRELESSREMINDER.COM™ SERVICES IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO. FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE MYWIRELESSREMINDER.COM™ SERVICES OR MYWIRELESSREMINDER.COM™ WILL BE AVAILABLE, RUN DEFICIENCY-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ALL MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MYWIRELESSREMINDER.COM™ SERVICE AND MYWIRELESSREMINDER.COM™, INCLUDING REPRESENTATIONS, WARRANTIES AND COVENANTS WITH RESPECT TO MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT FOR ANY OBLIGATION WE MAY HAVE TO PROVIDE A REFUND PURSUANT TO SECTION 0, OUR CUMULATIVE LIABILITY, INCLUDING ANY LIABILITY OF OUR AFFILIATES, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS AND OTHER REPRESENTATIVES AND THOSE OF OUR AFFILIATES (COLLECTIVELY, “REPRESENTATIVES”) TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND OTHER DAMAGES ARISING OUT OF OR RELATED TO CLAIMS IN CONNECTION WITH THIS AGREEMENT, THE MYWIRELESSREMINDER.COM™ MYWIRELESSREMINDER SERVICE AND MYWIRELESSREMINDER.COM™ MYWIRELESSREMINDER.COM WILL NOT EXCEED TEN DOLLARS (USD $10).
THE FOREGOING LIMITS OF LIABILITY WILL OPERATE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR IN ANY STATUTE, REGULATION, GUIDELINE, POLICY, RULE OF LAW OR OTHER LEGAL INSTRUMENT AND APPLY REGARDLESS OF THE BASIS ON WHICH ANY PERSON IS ENTITLED TO CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH) OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF OURS, OUR AFFILIATES OR OUR OR OUR AFFILIATES RESPECTIVE REPRESENTATIVES), AND APPLY EVEN IF WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE REPRESENATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THIS AGREEMENT WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Termination – You agree that we may, in our sole discretion, terminate your Password, Username or account (or any part thereof) at any time if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that we may terminate or delete accounts that are inactive for an extended period of time at our discretion. You agree that termination of your access to the service under any provision of this Agreement may be effected without prior notice and you acknowledge and agree that we may immediately deactivate or delete your account, including all related information and pending messages and/or bar any further access to mywirelessreminder.com™ or the mywirelessreminder.com™ Services. You agree that we will not be liable to you or any third party for termination of your access to or use of mywirelessreminder.com™ or the mywirelessreminder.com™ Services. You further agree that we may change these general practices and limits at any time, in our sole discretion, without notice.
11. International Use and Choice of Law; Statute of Limitations
Use of the mywirelessreminder.com™ Service and access to and use of mywirelessreminder.com™ is prohibited from locations where the associated services or content is illegal. You recognize the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable content in any jurisdiction from which you are using mywirelessreminder.com™ and the mywirelessreminder.com™ Services and any jurisdiction to which you are sending messages. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the United States of America or the country in which you reside.
This Agreement will be governed by and construed in accordance with the applicable laws of the United States of America. For all disputes arising from or related to this Agreement, the mywirelessreminder.com™ Service or mywirelessreminder.com™, you agree to submit to the personal and exclusive jurisdiction of the federal courts located in the United States of America. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have with respect to your use of the mywirelessreminder.com™ Services and mywirelessreminder.com™ must be commenced within one (1) year after the claim or cause of action arose or forever be barred.
12. Trademark; Ownership
The trademarks displayed on the mywirelessreminder.com™ Internet site are registered and unregistered trademarks of Intuitive Solutions, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Intuitive Solutions, LLC or, if applicable, its licensor. In addition, mywirelessreminder.com™ custom graphics, button icons, scripts, and page headers are covered by trademark or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Intuitive Solutions, LLC. mywirelessreminder.com™ trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits mywirelessreminder.com™. mywirelessreminder.com™, the mywirelessreminder.com™ marks and logos, and the mywirelessreminder.com™ services described on the Internet site, are trademarks of Intuitive Solutions, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Intuitive Solutions, LLC. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Internet site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mywirelessreminder.com™. You may not use any metatags or any other "hidden text" utilizing a mywirelessreminder.com™ name, trademark, or product name without Intuitive Solution, LLC’s express written consent.  We do not claim ownership of the content of any message.
13. Assignment
You cannot assign all or part of this Agreement without first getting our written approval. We can assign all or part of this Agreement without your consent by telling you about the assignment in writing, including, if we choose, by posting notice of the assignment on mywirelessreminder.com™. This Agreement will bind you, your successors and your permitted assigns and us, our successors and our permitted assigns.
14. General
This Agreement constitutes the entire agreement between you and mywirelessreminder.com™ relating to the mywirelessreminder.com™ Service and mywirelessreminder.com™ and may be amended or modified only as described herein.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect.
You agree that our conduct, actions or failure to enforce all or part of this Agreement does not waive any of our rights hereunder or change your obligations hereunder, unless you and we agree to and sign an amendment in writing.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15. Violations
Please report any violations of this Agreement to info@mywirelessreminder.com