Please read these terms and conditions carefully before using Our Service.
The words with initial letters capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to MANAGE MY DSP LLC, 218 West Main St, STE 3E, Hyannis, MA, 02601.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Service refers to the Website and any related services provided by the Company.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Service, or certain parts of the Service, are available only through a paid Subscription. The initial subscription term is one (1) year, during which cancellation is not permitted. After the initial one-year term, the Subscription will automatically renew on a month-to-month basis unless either party terminates it with a 30-day written notice prior to the next billing cycle. For POP-UP locations, the minimum subscription term is four (4) months, during which cancellation is not allowed. After the initial four-month term, you may cancel your subscription for the POP-UP location at any time. If you do not cancel, the subscription will automatically continue on a month-to-month basis, and you will be charged accordingly.
You will be billed in advance on a recurring and periodic basis (such as annually for the initial term and monthly thereafter), depending on the Subscription plan You select when purchasing the Subscription.
You must provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such changes become effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. This includes fees paid for the initial one-year term, renewal periods, or any additional services.
You may not use the Service or engage in activities that:
By using our text messaging service, You agree to the following terms and conditions:
By using Manage My DSP LLC's text messaging service, You acknowledge that You have read and agree to these terms and conditions.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username:
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that:
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples include, but are not limited to:
The Company reserves the right, but not the obligation, to:
As the Company cannot control all content posted by users and third parties, You agree to use the Service at Your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation:
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner or authorized on behalf of one, and You believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit Your claim via email to info@managemydsp.com, with the subject line: "Copyright Infringement" and include in Your claim a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
You can contact our Copyright Agent via email at info@managemydsp.com.
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title, and interest in any Feedback You provide to the Company. If such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, consequential, or punitive damages whatsoever (including, but not limited to, damages for loss of profits, data, or other information, for business interruption, for personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service.
The Service is provided to You “AS IS" and “AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise.
Without limitation, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, operate without interruption, meet any performance or reliability standards, or be error-free.
The laws of the State of Massachusetts, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at info@managemydsp.com.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to reflect the parties' intention to the maximum extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms and Conditions, You can contact us: