Terms and Conditions / Privacy Policy
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- ACCEPTANCE OF TERMS
Converdia provides its service to you, subject to the following Terms of Service ("ToS"), which may be updated by us from time to time with notice provided to you via e-mail. You can review the most current version of the ToS at any time at: http://converdia.com/legal. All such guidelines or rules are hereby incorporated by reference into the ToS. - DESCRIPTION OF PRODUCTS & SERVICE
Converdia provides clients with an innovative method to transmit advertising information via SMS messaging, email and Multi-media messaging, managed via an easy-to-use web site (the "Service"). You agree that the Service may include certain communications from Converdia to you via email, such as service announcements and administrative messages, and that these communications are considered part of Converdia membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the ToS. You understand and agree that the Service is provided "AS-IS" and that Converdia assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider, wireless web or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Converdia also provides signage to create awareness of your ads for your location. An outside party provides these at a fee. - SERVICES AND PAYMENTS
From time to time, we will offer discount "coupons" to some of our clients. Upon activation of the coupon, your may use the discount one time, unless otherwise noted. All fees are paid monthly via credit card or Paypal (billing@converdia.com). We do not accept cash, checks or other forms of payment unless requested and terms are upon approved credit. We will email you an invoice each time your credit card is charged. By using this service, you agree to allow Converdia to charge your credit card for fees incurred. - CONVERDIA PRIVACY POLICY
Converdia requires certain information to provide its service, such as credit card numbers, cell phone numbers and billing addresses. Converdia will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, Converdia collects the phone numbers of prospective buyers that access information via text message (SMS), email and multi-media message (MMS). The phone numbers collected by your advertisements will never be shared with other users of the system nor will they be distributed outside the system, unless required by law. Converdia will never market to these phone numbers under any circumstances whatsoever. - MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Converdia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Converdia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. - MEMBER CONDUCT
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You acknowledge that Converdia may or may not pre-screen Content, but that Converdia and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Converdia and its designees shall have the right to remove any Content that violates the ToS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Converdia may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Converdia, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Converdia and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. - INDEMNITY
You agree to indemnify and hold Converdia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the ToS, or your violation of any rights of another. - NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. - MODIFICATIONS TO SERVICE
Converdia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Converdia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - TERMINATION
You agree that Converdia may, under certain circumstances and without prior notice, immediately terminate your Converdia account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the ToS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Converdia account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Converdia's sole discretion and that Converdia shall not be liable to you or any third-party for any termination of your account or access to the Service. - CONVERDIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Converdia, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. - DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONVERDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONVERDIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONVERDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToS. - LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONVERDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONVERDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. - EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. - NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this ToS, there shall be no third party beneficiaries to this Agreement. - NOTICE
Converdia may provide you with notices, including those regarding changes to the ToS, by email, regular mail, or postings on the Service. - TRADEMARK INFORMATION
The Converdia logo and BlueView, M.Converdia, D.Converdia trademarks and service marks and other Converdia logos and product and service names are trademarks of Converdia, Inc (the "Converdia Marks"). Converdia grants you permission to use the Converdia marks on advertising brochures, signage and other marketing campaigns. All other uses not associated with improving marketing your business are expressly prohibited without the prior approval of Converdia. - GENERAL INFORMATION
Entire Agreement. The ToS constitutes the entire agreement between you and Converdia and governs your use of the Service, superseding any prior agreements between you and Converdia with respect to the Service. The ToS and the relationship between you and Converdia shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Converdia agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin. Waiver and Severability of Terms. The failure of Converdia to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Converdia account is non-transferable and any rights to your Converdia or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ToS are for convenience only and have no legal or contractual effect. - VIOLATIONS
Please report any violations of the Terms of Service to our Customer Care center
- Company Overview
Converdia provides consumer centric advertising and marketing services. - Cost to Participate
Although the Mobile Program requires no purchase or fee for participation, messaging and data rates may apply. Check your mobile plan for more details. - Find Your Carrier
The Mobile Program is compatible with Alltel, AT&T Mobility, Boost Mobile, Cellular One, Cellular South, Cincinnati Bell, Nextel, nTelos, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile (in Canada: Bell, FIDO, MTS, Rogers, Sasktel, Telus, Virgin). But to participate, the recipient's phone needs to be text messaging-enabled. We try to make it so everyone can participate but depending on your carrier, plan, and phone we can't guarantee it'll work for you. - Questions
You can contact us at support@converdia.com or at any time, from your mobile phone, send a text message with the word "HELP" (or "AIDE" in Canada) to these numbers: 38681, 73688. We can answer any questions you have about the program or you may contact Converdia's Support at (888) 833-8681. - To Stop the Program
To stop the messages coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP", "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" (or "ARRET" in Canada) to the number: 38681. You'll receive a one-time opt-out confirmation text message. And after that, you will not receive any future messages.
For every keyword that a user texts in to 73688, they will receive one response. - Terms & Conditions
By participating in The Mobile Program, you are agreeing to the terms and conditions presented here. - Availability
Mobile program is available beginning 5/1/2008. - Program
Currently, the Program is only available to residents of the United States and Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Program from countries outside of the U.S. or Canada. You agree to abide by U.S., Canadian, and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws. - Privacy Policy
For additional information regarding Converdia's use of information collected in connection with the Program, please refer to Converdia's Privacy Policy, a copy of which is available converdia.com/legal#privacy. - User Agreement
You are also agreeing to Converdia's full user agreement that can be found at: converdia.com/legal#TOS. - Use of Service
You may not use, or attempt to use the Mobile Program for any fraudulent, unlawful, improper, harassing, excessive, harmful, or abusive purpose ("Improper Uses"), or so as to adversely or negatively impact our customers, employees, business, ability to provide quality service, reputation, or network, or any other person. Converdia may determine on a case-by-case basis what constitutes Improper Uses. Improper Uses include, without limitation: (a) using an automatic dialer or program; (b) sending unsolicited messages or calls; (c) attempting to interfere with the access of any user, host, or network; (d) identity theft; (e) attempting to decipher, decompile, or reverse engineer any software; (f) posting or transmitting unlawful, infringing, or objectionable content as determined by us; (g) probing, or attempting to tamper with or harm our systems, network, or customers; or (h) reselling or attempting to resell any aspect of the Service, whether for profit or otherwise. If Converdia suspects a violation of this provision, it may: (i) begin legal action; (ii) suspend or terminate your use of the Mobile Program immediately and without prior notice; (iii) suspend or terminate service provided to you under any other agreement with us; and (iv) cooperate with law enforcement in prosecuting offenders. You agree to cooperate with Converdia in investigating suspected violations. Converdia may terminate your use of the Mobile Program at any time, with notice, if it determines, in its sole discretion, that your use of the Mobile Program is excessive, unusually burdensome, or unprofitable to Converdia.
Additional Legal Information
Converdia is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Converdia is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this program.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, CONVERDIA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Converdia reserves the right at its sole discretion to disqualify or restrict access from any individual who tampers with the program process. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the internet address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning IP addresses for the domain associated with the action). Converdia assumes no responsibility for undeliverable emails or mobile messages resulting from any form of active or passive email or mobile filtering by a user's internet service provider/mobile provider and/or email client or for insufficient space in user's email or mobile phone account to receive email or messages. Converdia reserves the right, in its sole discretion, to cancel or suspend this program should a virus, bugs, or other causes beyond the control of Converdia corrupt the administration, security or proper operation of the program. In the event of termination, a notice will be posted on-line. Converdia reserves the right to modify the promotion or disqualify participants if fraud, misconduct or technical failures destroy the integrity of the program as determined by Converdia, in its sole discretion. All federal, state, and local laws and regulations apply.