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DOCUMENT VERSION 02015115.
Definitions
"client" means person, company or organization entering in contract with advancis for the use of the ReadyLive Push Notifications Services.
"advancis" also referred to thereafter as "advancis.com" or "advancis.com,Inc." refers to advancis.com,Inc., a US corporation located at 2911 Turtle Creek Blvd, Ste 300 Dallas Texas 75219 USA
"ReadyLivePush Notifications Service", also referred to thereafter as "ReadyLive", "Push Notifications", "ReadyLive Push Notifications" refers to the feature(s), application(s) and service(s), extension(s) as described in the section entitled ReadyLive Package of the advancis.com or ReadyLive.com web sites.
Terms and Conditions
1. In consideration of the use of ReadyLive Push Notifications, the client and its agency, jointly and severally, will indemnify and hold harmless advancis, its officers, agents, and employees against any and all expenses (including legal fees) and losses resulting from the publication and distribution
of the content, including, without limitation, claims or suits for libel, violation of right of privacy, copyright infringement, trademark infringement or plagiarism.
In other words, client and its agency must have legal, copyright and intellectual property rights for each piece of content sent using Push Notifications.
Any insertion of a message (text, images, illustrations, logos, slogans, multimedia files, sound, music, video) made by a client or its agency represents an acceptance of all of the terms and conditions of this contract. Any violation of such terms and conditions will result in the immediate termination of this contract. advancis reserves the right to hold client and its agency jointly and severally liable for such monies as are due and payable to advancis. advancis will not be bound by any condition appearing on the client’s or its agency’s contract when such conditions conflict with the regulations set forth in this contract.
2. Client may not use ReadyLive Push Notifications to send push notifications for other organizations.
3. Roll-over push notifications. Unused push notifications within a given month are automatically added to the following month during the duration of the contract. All unused roll-over push notifications expire on December 31 at Midnight (Central Standard Time) of each year. Monthly subscribers of the Basic Monthly and Advanced Monthly plans must renew their plan every month at least 48 hours before their plan's expiration date to enjoy roll-over notifications. Otherwise, any unused push notifications will expire as the contract expires.
4. Client should not use ReadyLive Push Notifications to send mission-critical messages.
5. Client should not send sensitive, personal or confidential information using ReadyLive Push Notifications.
6. Client cannot send unsolicited messages, or for the purpose of phishing or spamming using ReadyLive Push Notifications.
7. Clients who transmit viruses, files, computer code, or programs that may harm or disrupt the normal operation of the ReadyLive Push Notifications service will have their account terminated immediatly.
8. Clients may not send push notifications for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others.
9. Client cannot send advertising, promotions, or direct marketing of any kind using ReadyLive Push Notifications as stipulated by the Apple Push Network Service Terms of Use.
10. If you are sending multiple notifications to the same device or computer within a short period of time, the push service will send only the last one. (Here's why. The device or computer acknowledges receipt of each notification. Until the push service receives that acknowledgment, it can only assume that the device or computer has gone off-line for some reason and stores the notification in the quality of service (QoS) queue for future redelivery. The round-trip network latency here is a major factor).
11. To reach Safari users and Chrome users, ReadyLive must route notifications through the Apple Push Notification and Google Cloud Messaging services respectively. Apple and Google state that the Delivery of notifications is a "best effort", not guaranteed. As a result, client should not rely on push notifications in general to deliver critical or time-sensitive messages to users.
12. In general, push notifications reach the user within 30 minutes. Times may vary at Apple's and Google's discretion.
13. A total of 5 push notifications can reach Internet Explorer users in a 30-minute period.
14. If your web site already features Meta Tags for Microsoft's Live Tiles, please note these will be overwritten to define ReadyLive's Live Tile specifications.
15. In the event of cancellation of a plan, written acceptance must be provided by advancis to confirm cancellation. Client understands that it may incur cancellation charges which will be determined based on amount of push notifications made at date of cancellation. Cancellation of an order does not relieve client / agency of any obligations to pay fees accrued prior to such cancellation.
16. advancis is not liable for delays in delivery and/or non-delivery of all or any portion of the push notification in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation, communication or power interruption of any kind, denial of service attacks, work slow-down or any condition beyond the control of advancis affecting production or delivery in any manner such as updates to Modern Web browsers compatible with ReadyLive. Such updates may disrupt the ReadyLive service and cannot be foreseen as the respective companies that develop said web browsers do not share future development plans and upcoming features with the tech industry in general prior to launch.
19. If payment is not made in a timely manner, advancis at its option, may immediately terminate the contract. In addition, client and its agency shall be liable to advancis for all attorney’s fees and other costs of collection. Interest will accrue on any past due amounts at the rate of one and one-half (1 1/2%) percent per month, but not in excess of the lawful maximum. advancis shall have the right to hold the client and/ or its agency or agent jointly and severally liable for all amounts due.
20. Prices are subject to change without prior notice.
21. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE READYWEB USER INTERFACE, READYLIVE PUSH APPLICATION , AND READYLIVE CODE HEREAFTER (READYLIVE) PROVIDED BY ADVANCIS HEREUNDER (SERVICES) ARE PROVIDED AS IS AND AS AVAILABLE. ADVANCIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ANY OTHER ITEMS OR SERVICES IT MAY PROVIDE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVANCIS DOES NOT WARRANT THAT READYLIVE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR COSTS, SUFFERED BY THE OTHER, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOSS OF USE OR GOODWILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Under no circumstances (including failures to publish and display, or errors in, contracted advertisements) will ADVANCIS or any ADVANCIS affiliated entities or Websites be liable to client, its advertising agency, or any other person for any indirect, special, or consequential damages, including impaired reputation; for delays or interruptions due to causes beyond the control of ADVANCIS such as updates to MODERN WEB BROWSERS compatible with the READYLIVE PUSH NOTIFICATIONS service; or for any damages in excess of the actual fees paid by the advertiser for SERVICES hereunder, regardless of the cause of action (including negligence) and even if the ADVANCIS Entity was advised that such damages might occur. ADVANCIS MAKES NO GUARANTEE AS TO THE RESULTS CLIENT WILL OBTAIN BY USING THE READYLIVE PUSH NOTIFICATIONS.
22. LIMITED WARRANTY. ADVANCIS WARRANTS TO YOU THAT READYLIVE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS DEFINED IN THIS CONTRACT FOR THE NINETY DAY (90) DAY PERIOD FOLLOWING THE PURCHASE OF READYLIVE SERVICE. IF SAID READYLIVE SERVICE DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION, THE ENTIRE AND EXCLUSIVE LIABILITY AND REMEDY WILL BE LIMITED TO EITHER, AT ADVANCIS’S OPTION, THE RENEWAL OF ORIGINAL READYLIVE PLAN FREE OF CHARGE OR THE REFUND OF THE FEE YOU PAID FOR THE READYLIVE SERVICE. QUESTIONS REGARDING THE WARRANTY AND WARRANTY CLAIMS SHOULD BE SENT TO THE CUSTOMER SERVICE DEPARTMENT AT CUSTOMER_SERVICE@ADVANCIS. COM
23. This contract does not entitle you to copyrights to the ReadyLive logo or name or the generic code that make up the service, its user interface or backend applications. The contract does not represent a transfer of ownership of said ReadyLive assets, software, applications which remain the property of advancis. advacnis retains all the rights, title, and interest in the ReadyLive software and code and any updates it may make available under this contract.
24. In certain instances, this product includes GeoLite data created by MaxMind, available from http://www.maxmind.com. Geolocation accuracy varies by country. In general, country-level data is 95% accurate, Regional data is 90% accurate whereas city-level data is 80% accurate. Geolocation accuracy varies by country. In general, country-level data is 95% accurate, Regional data is 90% accurate whereas city-level data is 80% accurate. Clients who need more precise targeting can request custom Geolocation ReadyLive modules.
25. "Modern browsers" and "modern web browsers" refer to the current desktop versions of Chrome browser, Safari, FireFox and Internet Explorer on day client and advancis enter into a contract, in other words, when the day the order is placed.
26. Setup fees are waived for first-time clients. Clients who terminate their accounts and decide to repoen an account at a later date may be charged a setup fee however.
27. At the end of a contract, clients who wish to transfer data from clouds and other ReadyLive servers, will incur a fee. The fee is determined by size of Push Notification subscribers' list. The default format is CSV.
The laws of United States of America govern this contract. You hereby consent to the jurisdiction of and venue in courts located in Dallas, Texas, USA in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against advancis.
This contract cannot be sold, assigned or transferred by client/agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by advancis shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; advancis will not be bound by the representations of any agents, brokers, employee or other third parties. Any modifications must be in writing and signed by an authorized representative of advancis.
The terms and conditions of this contract become effective when you submit your ReadyLive order form electronically, by mail or wire/fax/phone. The date of receipt of order becomes the effective date of your contract.
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