Terms and Conditions

1 April 2010

Important: This is a legal agreement between SView LLC and the user (”you”). Please read the following terms carefully. By clicking the “Install PostBox” button, you agree to these terms and conditions whether or not you have read them. If you do not agree to this, you may not access or otherwise use the service. SView LLC may modify the terms and conditions from time to time. Please continue to review this page whenever you access or use the SView service. Your continued use of the service will signify your acceptance of any amended terms and conditions.

1. SmartMessage: The SmartMessage consists of the sending information that has been provided by SView LLC or our partners to you that you have requested from sview.com. The information will be provided as a text message with a link to download additional data via your mobile phone carrier to your mobile device.

SmartMessages are sent as standard rate, meaning that we do not charge you for the messages but you may be charged by your carrier depending on your messaging plan. You are subscribed until such time as you return to this site to deactivate them, or reply STOP (nothing else should be in the message) to a message to deactivate that particular alert. If you wish to deactivate all SmartMessages, you can reply to any message with STOP ALL (nothing else should be in the message) and all alerts will be deactivated.
Messages are sent at different frequencies depending on type.

The type of information which you ask SView to send you is determined by the selections you make on the website maintained by SView.

There is no additional fee charged by Sview for receiving the SmartMessages. However, standard message and data charges apply from your mobile phone carrier.
This service is compatible with all carriers listed at the bottom of the text alert signup page, and with the relevant devices on that carrier.

2. User’s Responsibility: When you register to receive SmartMessages, you warrant that you are the legal owner of the mobile device which you registered to receive messages, or that you are authorized to incur any charges that may result from receiving the SmartMessages. When you register for this service, you must provide accurate and current information regarding your identity.

3. Personal Information: You will need to provide SView LLC with some personal information in order to subscribe to receive the mobile content. The personal data you provide when you subscribe is the property of SView LLC and will be used in accordance with applicable privacy policies.

4. Text Messages: SViewLLC forwards the information that you have requested in the form of text messages from our partners. SView is not responsible for the contents of any information that is sent to your mobile device, since it is not the originator of this content. SView LLC can make no representations or warranties as to the accuracy or reliability of the contents and accuracy of that information.

We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of SView such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage
.
5. Limitation of Liability: SView LLC’s liability under this Agreement shall be limited to the charge (if any) made in respect of the message in respect of which such liability arose. SView shall in no circumstances accept any liability in contract, tort (including negligence and breach of statutory duty) for:
• Any loss of direct or indirect profit or business, goodwill, contracts, revenues, management time, wasted e xpenses, anticipated savings or loss of or damage to data or arising from loss of data; or
• Any increased costs or expenses; or
• Any indirect or consequential loss or damage of any nature whatsoever.

Nothing in these terms and conditions shall affect either party’s liability with respect to fraud, death or personal injury.

6. Intellectual Property: The Service is provided solely for your personal use. You may not publish, copy, re-distribute or otherwise exploit any information that you receive via SmartMessages for any commercial purpose. The information that you receive via the SmartMessage maintains the intellectual property rights of SView LLC or its partners and you acknowledge that you acquire no license or other rights in respect to the SmartMessages, except to the extent required for your use of the service in accordance with these Terms and Conditions.

7. Terminating Service: SView LLC may suspend or terminate the Service at any time with immediate effect where SView LLC has good reason to believe that you have violated any of these Terms and Conditions.

SView may request that excessive users of the SmartMessage Service reduce their use of the SmartMEssages and SView may, in its sole discretion suspend your use of the service if you do not abide by any such request.

SView LLC may, in any event, be entitled to suspend its provision of the service at any time for either routine maintenance or to terminate this agreement immediately if we receive notice that your contract with your mobile phone carrier has been cancelled.

Termination of this Agreement for any reason shall not affect the accrued rights and obligations of either SView LLC or you, including (without limitation) the right to recover damages against the other.

You may alter or cancel your subscription to this service or any parts of it on the WebPages you subscribed at. Or you can unsubscribe to all Alerts by replying to a message with any of the following words: End, Stop, Quit or Unsubscribe

8. General: If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.

The ability to receive SmartMmessages to your mobile device is dependent on individual mobile carrier agreements and the recipient’s individual wireless plan with their mobile carrier.

Messages from you to SView LLC may be sent via email to customerservice@sview.com

SView LLC
560 Winchester Blvd, Ste 500
San Jose, CA 95128

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