Last Modified: December 27, 2019
Welcome to the Modern Message’s Community Rewards™ Program! This Terms of Service Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Modern Message Inc. (“Modern Message,” “we,” or “us”). This Agreement governs your use of the services offered in connection with a Modern Message Community Rewards™ account (the “Services,” as further defined below), whether accessed by our websites (including communityrewards.me, the “Site”) or by the Community Rewards mobile application (including all related documentation, the “App”).
License Grant. The Services are licensed, not sold, to you. Subject to the terms of this Agreement, Modern Message grants you a limited, non-exclusive, and nontransferable license to:
- download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
- access and use via website or Mobile Device the Services made available strictly in accordance with this Agreement and any supplemental terms applicable to such Services.
License Restrictions. Licensee shall not:
- copy any portion of the Services, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
- Reservation of Rights. You acknowledge and agree that access to the Services is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Modern Message and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Changes to this Agreement. We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites or App.
Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Moreover, the Modern Message reserves the right to suspend, or discontinue the Services for any reason, with or without notice.
- Services. Modern Message provides you with access to the Sites and App and the products and services accessible thereon, including our community engagement and rewards programs (collectively, “Services”).
Rewards Points Program. Please note the Community Rewards™ points program may be subject to additional terms and conditions which will be presented to you on the platform. If you are a Resident of a Community that offers Modern Message’s Community Rewards™ platform, you have the opportunity to acquire reward points. A “Community” refers to an owner or operator of a residential complex that has subscribed to any of our services. A “Resident” refers to a person who is a leaseholder at a Community that has an account with us and uses our Services.
Residents do not have any legal right to any points in their accounts until such points are redeemed for rewards. Until redemption, reward points may be forfeited upon occurrence of any of the following events:
- Resident’s breach of this Agreement or any other agreement with the Services;
- Resident ceasing to be a resident of a Community;
- Community terminating its relationship with Modern Message;
- Modern Message terminating its relationship with the Community, or with the Resident; or
- Modern Message discontinuing any of the Services and/or the points portion of any of the Services, at its sole discretion.
In some instances, you may be able to redeem rewards points for a rewards card. By redeeming a reward card, you agree to the following terms and conditions and fees listed below:
- After redeeming points for a rewards card, you will receive an email with instruction on how to claim your reward card. You shall have sixty (60) days from receipt of that email to claim your reward card. If you fail to claim your reward card during that sixty (60) day period you forfeit your right to the reward card.
- Use and restrictions of use for the applicable rewards card shall be subject to limitations by their respective issuers.
- Certain rewards cards that redeem may be subject to applicable processing fees, including but not limited to shipping and handling fees. The fees may be subtracted from the available funds on the card.
- Modern Message is not and shall not be responsible for reward card(s) that are lost or stolen and will not reissue reward card(s) that are lost or stolen.
Product Pricing and Descriptions
Modern Message partners with various vendors to connect you to a wide variety of products on which to use your rewards points. All order processing and fulfillment on the Modern Message is provided through our vendor partners.
While we attempt to provide accurate descriptions of products on the Services, we do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product is not as described, your sole remedy is to return the item, as specified in the return terms.
Additionally, we strive to provide accurate pricing and inventory information regarding the products available on the Services. We cannot, however, insure against pricing and inventory errors. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right to correct any error, inaccuracy, or omission (including after an order has been submitted). If an error occurs or we need to correct an order, we will notify you by email.
- Geographic Restrictions. The Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States or Canada. You acknowledge that you may not be able to access all or some of the Services outside of the United States or Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you are responsible for compliance with local laws.
- App Specific Updates. Modern Message may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Modern Message has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the App will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
- Third-Party Materials. The Services may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Modern Message is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Modern Message does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- User Conduct and Submissions
Subject to the license granted, any feedback, reviews, video, writing, comments, remarks, ideas, graphics, photographs, or other information (collectively, “User Content”) communicated, uploaded or posted to any Modern Message platform belongs to the person who posted such content. You may use any User Content posted by you in any way without restriction. You may only use User Content posted by others in the ways described in this Agreement.
When you upload, communicate or submit User Content to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your User Content. This right will continue even after you stop using the services. In addition to the right to publish, you also grant us under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, license, and sell the User Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate the User Content, in all or in part; and (iv) the right to use or incorporate all or any part of the User Content in any of our products or services. By posting User Content you hereby waive any and all rights to be compensated by Modern Message for such User Content.
The submission of your User Content to the Services is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
- The User Content represents your own original work. You have all necessary rights to submit the User Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by our use of the User Content.
- You hereby irrevocably release and forever discharge the Modern Message and our affiliates, subsidiaries, and business partners (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the User Content, including without limitation in respect of how the Modern Message and its affiliates and subsidiaries, directly or indirectly, use the User Content.
- You agree that if you submit any User Content to Modern Message, such User Content shall not violate the following “Content Guidelines.” User Content must not:
- Knowingly violate or infringe any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- Contain material or act in any way that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous;
- Contain materials or act in any way that is unlawful, in violation of or contrary to the laws or regulations of the United States or any jurisdiction where User Content is created or distributed;
- Contain information or act in any way known by User to be false, inaccurate or misleading;
- Contain content or act in any way that is, or may be reasonably considered to be, hate speech, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and/or
- Disparage Modern Message or any other person or party.
- Contain any statement that may violate the Fair Housing Act.
If any User Content violates these guidelines, or other guidelines as may be provided by Modern Message, as determined by Modern Message in its sole discretion, you shall immediately remove such User Content upon request from Modern Message. Notwithstanding any other action available for Modern Message, Modern Message shall have the right to immediately terminate this agreement at Modern Message’s sole discretion for violations of the Content Guidelines.
- Copyright Notices
Modern Message complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that User Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Modern Message’s Copyright Agent by email at email@example.com or by mail to 750 N. Saint Paul St. #1230, Dallas, Texas 75201. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Copyright Agent. Your email must contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. In accordance with the Digital Millennium Copyright Act, Modern Message has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. We also may terminate User accounts even based on a single infringement.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Modern Message’s sole discretion.
- Term and Termination.
- The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Modern Message as set forth in this section.
- You may terminate this Agreement by terminating your account.
- Modern Message may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately at Modern Message’s sole discretion if you violate any of the terms and conditions of this Agreement.
- Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Services.
- Termination will not limit any of Modern Message’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MODERN MESSAGE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MODERN MESSAGE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODERN MESSAGE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE $250.00.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MODERN MESSAGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify and hold harmless Modern Message and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Services or the delivery of products, services or information over the Services, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Services or any products, services or information obtained from the Services.
- Dispute Resolution and Binding Arbitration.
It is Modern Message’s goal that the Services meet your expectations and we live up to our promises to you. However, there may be instances when you feel that Modern Message has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Modern Message is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Modern Message, you acknowledge and agree that you will first give Modern Message an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the event causing the dispute by sending us an email to firstname.lastname@example.org.
You then agree to negotiate with Modern Message in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Modern Message’s receipt of your written description of it, you agree to the further arbitration provisions below.
Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Dallas, Texas before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THIS AGREEMENT SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Exceptions to Arbitration.You and Modern Message agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Modern Message’s intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
30-Day Right to Opt-Out.You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the address listed below. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Modern Message also will not be bound by them.
- Notice. Modern Message may give notice by means of a general notice on the Site, the App, or to any e-mail address of yours on record with Modern Message. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Except as otherwise provided in this Agreement, you may give notice to Modern Message (such notice shall be deemed given when received by Modern Message) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to Modern Message at the following address: Modern Message Inc. PO Box 191863, Dallas, Texas 75219 or by email to email@example.com.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
- Your Comments and Concerns.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to firstname.lastname@example.org.
This Document Is Effective January 1, 2020.