Terms & Conditions
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your continued use of this site indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this site and these terms and conditions at any time.
Member Accounts, Passwords and Security
You will receive a password and account designation upon completing the Push To My Phone 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 immediately notify Tartor Software of any unauthorized use of your password or account or any other breach of security. Tartor Software cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Proprietary Rights
You acknowledge and agree that the Push To My Phone Services and any necessary software used in connection with the Push To My Phone Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Push To My Phone Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Tartor Software or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Push To My Phone Services, such Content or the Software, in whole or in part.
Tartor Software grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer and a single mobile phone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Push To My Phone Services. You agree not to access the Push To My Phone Services by any means other than through the interface that is provided by Tartor Software for use in accessing the Push To My Phone Services.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Push To My Phone Services.
Trademarks
"push to my phone" and pushtomyphone.com are trademarks of Tartor Software Inc. All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Tartor Software and these companies.
Modifications to Push To My Phone Services
Tartor Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Push To My Phone Services (or any part thereof) with or without notice. You agree that Tartor Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Push To My Phone Services (or any part thereof).
Termination
You may terminate your Push To My Phone account by submitting such termination request to Tartor Software. You agree that Tartor Software may, without prior notice, immediately terminate, limit your access to or suspend your Push To My Phone account, and access to the Push To My Phone Services. Cause for such termination, limitation of access or suspension 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) discontinuance or material modification to the Push To My Phone Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Push To My Phone Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Tartor Software's sole discretion and that Tartor Software shall not be liable to you or any third party for any termination of your account, or access to the Push To My Phone Services. Termination of your Push To My Phone account includes any or all of the following: (a) removal of access to all or part of the offerings within the Push To My Phone Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Push To My Phone Services.
Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found through the Push To My Phone Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tartor Software shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Push To My Phone Services.
Links to Other Web Sites
This site contains links and pointers to other web sites, resources and partners of Tartor Software. Links to web sites not under the control of Tartor Software are provided solely for the convenience of users. Tartor Software is not responsible for the accuracy, currency or the reliability of the content. Tartor Software does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their content.
Disclaimer
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Tartor Software further does not warrant the accuracy and completeness of the materials at this Site. Tartor Software may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Tartor Software makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult Tartor Software for information regarding the products, programs and services that may be available to you. IN NO EVENT WILL Tartor Software, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Tartor Software makes no representation that materials at this Site are appropriate or available for use outside Canada, and access to them from territories where their contents are illegal is prohibited. You may not use, export, or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation Canadian export laws and regulations. If you choose to access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of British Columbia, without giving effect to any principles of conflicts of laws.