My90 Terms of Service
Last Updated Date: 12/6/17
Welcome to My90’s communication platform. You are now reading our Terms of Service, a legal agreement between you and My90, Inc. (“My90”) that governs your use of our website located at www.textmy90.com and related services, including our text messaging services. Please read this agreement carefully before you use our services, and if you have any questions, contact us at email@example.com. By using our services, you agree to be bound by this agreement and all the terms in it. If you don’t agree, please do not use our services.
Changes to Terms or Services
My90 may change the terms of this agreement at any time by posting the new terms on our website or through other communications like emails or text notifications. It’s important that you review our changed terms because your continued use of our services after we’ve posted our new terms indicates that you agree to be bound by the new terms. Please stop using our services if you don’t agree with our new terms. We may change or discontinue any of our services at any time at our sole discretion.
Using our Services
You may use our services only if you are 13 years or older and are not barred from doing so under applicable law. To use our services, you can send us a text message, email us, or use our website forms. Once you contact us, we will chat with you about your thoughts on issues like the local police and safety in your neighborhood. Any content you provide to us, such as your responses to our questions or your feedback, are yours and nothing in this agreement restricts any rights that you have to use it now and forever. Please note that you may not submit or transmit any content that: (a) violates, or encourages any conduct that would violate, the law; (b) is fraudulent, false, misleading or deceptive; (c) is defamatory or inappropriate; (d) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (e) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (f) promotes illegal or harmful activities or substances.
Rights You Give Us
Rights We Give You
You agree that we retain all rights in our services, including intellectual property rights. Subject to your compliance with this agreement, My90 gives you a limited, non-exclusive, nontransferable license to access, view, and share with your friends and family any content that is provided by My90, such as weekly updates, upcoming events, notices on what the police are doing in your neighborhood and free resources we think you’ll be interested in. Please note that any information we provide when you are using our services are solely for your personal and non-commercial purposes, and may only be used as expressly permitted in this agreement.
You may not attempt to, or do any of the following:
• access or tamper with non-public areas of our services or systems;
• forge any Transmission Control Protocol (TCP)/Internet Protocol (IP) packet header or any part of the header information in any email or posting, or our services to send altered, deceptive, or false source-identifying information;
• interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of material or user accounts in such a manner as to interfere with or create an undue burden on our services;
• send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• interfere or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or text-bombing our services;
• use our services, or any portion thereof, for any commercial purpose;
• use or display our logo, or other visual design elements without our permission; • attempt to probe, scan or test the vulnerability of our system or breach any security measures;
• avoid, remove, impair, or otherwise circumvent any technological measure implemented to protect our services; or
• violate any applicable law or regulation.
My90 has the right to investigate violations of this agreement or conduct that affects our services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You may terminate your use of our services anytime, by replying “STOP” to one of our messages. We may also terminate your use of our services, at any time for any reason, without notice to you. Please note that the terms in this agreement regarding Disclaimers and Limitations of Liability, Dispute Resolution and General Terms will remain in effect even after the termination of this agreement.
Disclaimers and Limitation of Liability
YOU AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND DISCRETION. MY90 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF OUR CONTENT. YOU AGREE THAT MY90 WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OUR SERVICES.
Governing Law and Dispute Resolution
This agreement is governed by California law without regard to its conflict of laws provisions. You and My90 agree to resolve any dispute or claims relating to this agreement or the services through final and binding arbitration, except that we each have the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our intellectual property rights (an “IP Protection Action”). Both you and My90 consent to the exclusive jurisdiction of state and federal courts located in the Northern District of California for any and all IP Protection Action. Please note that you can decline this agreement to arbitrate by notifying us via email at firstname.lastname@example.org within 30 days of first accepting this agreement. The American Arbitration Association will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the county where you live or work, San Francisco, California, or any other location to which we agree. The AAA rules will govern payment of all arbitration fees. You may only resolve disputes with us on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and My90 agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in the Northern District of California. Both you and My90 consent to venue and personal jurisdiction there.
If My90 doesn’t enforce a particular right in this agreement, that is not in itself a waiver of such right. This agreement is the complete agreement between My90 and you regarding our services. If any provision in this agreement is found invalid in arbitration or court, you agree that the arbitrator or court should try to enforce to the said provision maximum extent possible and other provisions of this agreement will remain in full force and effect. My90 may freely assign or transfer this agreement but you may not assign or transfer this agreement without our consent. Please feel free to contact us at: email@example.com if you have any questions.