Please read this agreement carefully before access or use the website. By access or use any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of services.
By selecting a product or service, you agree to pay SMSDrift the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Responsibility of Website Visitors
SMSDrift India has not reviewed, and cannot review, all of the material, including computer software, posted to the Website. By operating the Website, SMSDrift does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SMSDrift disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content they’re posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SMSDrift links, and that link to SMSDrift. SMSDrift does not have any control over those non-SMSDrift websites and webpages, and is not responsible for their contents or their use. By linking to a non-SMSDrift website or webpage,SMSDrift does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SMSDrift disclaims any responsibility for any harm resulting from your use of non-SMSDrift websites and webpages.
Copyright Infringement and DMCA Policy
As SMSDrift asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SMSDrift violates your copyright, you are encouraged to notify SMSDrift in accordance with SMSDrift’s Digital Millennium Copyright Act (“DMCA”) Policy. SMSDrift will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SMSDrift will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SMSDrift or others. In the case of such termination, SMSDrift will have no obligation to provide a refund of any amounts previously paid to SMSDrift.
This Agreement does not transfer from SMSDrift to you any SMSDrift or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SMSDrift. SMSDrift, SMSDrift, the v logo, and all other trademarks, service marks, graphics and logos used in connection with SMSDrift, or the Website are trademarks or registered trademarks of SMSDrift or SMSDrift’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SMSDrift or third-party trademarks.
SMSDrift reserves the right
SMSDrift reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
SMSDrift reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. You’re continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SMSDrift may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
SMSDrift may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event will SMSDrift, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SMSDrift under this agreement during the twelve (12) month period prior to the cause of action. SMSDrift shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless SMSDrift, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
All references to physical and/or mental health on SMSDrift website constitutes an educational service consisting solely of general health information. The materials are provided “as is” and without warranties of either express or implied.
- Not a Substitute of Professional Medical Advice and/or Treatment. Website’s content is not substitute for direct, personal, professional medical care and/or diagnosis. None of the exercises or methods (including products and services) mentioned at SMSDrift should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any advice whatsoever, for any individual or company and should not be relied upon in that regard.
- There may be risks associated with participating in activities mentioned on SMSDrift for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
- Facts and information are believed to be accurate at the time they were placed in SMSDrift. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
- You agree to hold SMSDrift, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities discussed on this website, excepting only claims for gross negligence or intentional tort.
This Agreement constitutes the entire agreement between SMSDrift and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SMSDrift, or by the posting by SMSDrift of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SMSDrift may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.