Terms and Conditions

Effective Date: This Terms of Use Agreement was last updated on April 25th, 2019.

This Terms of Use Agreement sets forth the standards of use of the Person2Person Messaging LLC. By using the Person2PersonMessaging.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Person2PersonMessaging.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Person2Person Messaging is a service of Person2Person Messaging (the “Service”), accessible via the phone, mobile phone, web browser, text messaging, email, links created by 3rd parties, and any 3rd party applications which incorporate the Person2Person Messaging Service via Application Programming Interfaces (APIs). Customer must provide (1) all equipment necessary, (2) provide for Customer’s connection to equipment, and (3) pay any fees related with such connection to use the service from all methods of access described above.

2. Disclaimer of Warranties

The site is provided by Person2Person Messaging on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Person2Person Messaging makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Person2Person Messaging shall have no liability for any interruptions in the use of this Website. Person2Person Messaging disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Person2Person Messaging shall not be liable for any damages whatsoever, and in particular Person2Person Messaging shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Person2Person Messaging has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation of exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.

4. Modifications to Service

Person2Person Messaging reserves the right to modify the Service with or without notice to the Customer. Person2Person Messaging shall not be liable to Customer or any third party should Person2Person Messaging exercise its right to modify the Service. Customer acknowledges and accepts that Person2Person Messaging does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

5. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.

6. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Person2Person Messaging makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Person2Person Messaging makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

7. Governing Jurisdiction of the Courts of Delaware

Our website is operated and provided in the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware.

8. Compliance with Laws

Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2019 Person2Person Messaging, with all rights reserved, or is the property of Person2Person Messaging and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Person2Person Messaging is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Person2Person Messaging. Person2Person Messaging™ is proprietary marks of Person2Person Messaging. Person2Person Messaging’s trademarks may not be used in connection with any product or service that is not provided by Person2Person Messaging, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Person2Person Messaging. All other trademarks displayed on this website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Person2Person Messaging.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Person2Person Messaging the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Person2Person Messaging, LLC

2800 Shirlington Road

9th Floor

Arlington, Virginia 22206

11. Botnets

Person2Person Messaging retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Person2Person Messaging reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Contact Us

If you have any questions regarding this statement, or would like more information on our practices, please contact us at support@P2Pmessaging.com.