Welcome to the AwayFind, Inc. (“AwayFind”) website (the "Site"). AwayFind provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Statement. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Statement, you may not use the Site in any way.
Description of Services.
Through the Site, AwayFind enables users to identify the characteristics of email messages that the user wishes to receive and have AwayFind notify the user of those messages via a means other than the user’s standard email address, and the AwayFind service provides individuals who wish to send messages to AwayFind users with a vehicle for sending such messages.
To stop receiving text messages from AwayFind, simply text STOP to the number that you receive AwayFind messages from. For help, text HELP to the number that you receive AwayFind messages from. The number of messages you receive will depend on your AwayFind settings, but the average user receives about 10 messages per month. Message and Data Rates May Apply.
AwayFind works with T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, U.S. Cellular®, MetroPCS, Cricket, and other carriers.
License and Site Access.
AwayFind grants you a limited license to access and make personal use of the Site and the the AwayFind service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in AwayFind’s sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by AwayFind to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by AwayFind.
The AwayFind service is not available to minors under the age of 18 or to any users suspended or removed from the system by AwayFind for any reason.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or AwayFind has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AwayFind has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify AwayFind immediately of any unauthorized use of your account or any other breach of security. AwayFind reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
- Your use of the service is at your sole risk. This service is provided on an "as is" and "as available" basis.
- You are responsible for obtaining and maintaining all equipment and services needed for access to and use of our service, and for paying all related charges. You are responsible for any SMS or other fees charged by a cellular service provider.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You may not use our service for any illegal or unauthorized purpose. You must not, in the use of our service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a malicious or destructive nature.
- You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Advertisements or solicitations of any kind;
- Impersonate others or provide any kind of false information;
- Messages by non-spokesperson employees of AwayFind purporting to speak on behalf of AwayFind or containing confidential information or expressing opinions concerning AwayFind;
- Messages that offer unauthorized downloads of any copyrighted or private information;
- Chain letters of any kind;
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using AwayFind.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; and b) Using AwayFind.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission;
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Copyright and Content Ownership
AwayFind does not claim ownership of any materials you make available through the Site. However, with respect to such materials you submit or make available for inclusion on the Site, as necessary for AwayFind to provide, analyze and improve the AwayFind services, you grant AwayFind a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant this license. Should you terminate your account, we will use commercially reasonable efforts to remove materials you submit or make available for inclusion on the Site from our databases; however, given the nature of digital content, such materials may persist in our backups or in the account information of other users of the AwayFind services.
AwayFind.com Access and Service Fees
- One person or legal entity may not maintain more than one free account.
- You are not permitted to block ads as a free account holder.
- Technical support is only provided to paying users and is only available via email. Other users may browse the forum available at http://www.awayfind.com/support.php
- As a new paying monthly subscriber your credit card will be charged every thirty days from the date at which you first sign up. As a new paying yearly subscriber your credit card will be charged thirty days from the date at which you first sign up, and then yearly thereafter. Existing subscribers who upgrade or downgrade their plans will be charged for their new subscriptions immediately (no 30 day trial for upgrades/downgrades). Subscriber prices are listed on the website. By paying for services you agree to the terms listed herein. The service is billed in advance and is non-refundable. There will be no refunds or credits for partial years or months of service, upgrades or downgrades, or months unused with an open account.
- All fees are exclusive of any taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modification and Notification of Changes
AwayFind reserves the right to make changes to the Site, the price charged for the AwayFind services, related policies and agreements, this TOS and the Privacy Statement at any time. If AwayFind makes a material modification to this TOS or the Privacy Statement, it will notify you by:
(i) sending an email to the address associated with your account. AwayFind is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add awayfind.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Statement, as appropriate, for thirty (30) days,
with (i) and (ii) being deemed sufficient notification, of such changes.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to discontinue the service at any time. We will provide 30 days notice via email should we decide to discontinue the service.
- AwayFind’s services are intended to allow its users to receive notification of messages that are deemed by the sender to be of the priority set by the user of AwayFind service. This service is intended to benefit that user by allowing greater efficiency of work-time with fewer interruptions by lower priority messages. It is not intended to be relied upon by the user to guarantee that essential messages are received. Additionally, some methods of communication, including but not limited to email and SMS text messages, are provided by third parties, the reliability of which cannot be guaranteed by AwayFind. As such, being aware of the risks and cost of using AwayFind’s services, to the maximum extent permissible by law, you waive the right to pursue any damages, direct or indirect, consequential, special, exemplary or of any other nature, including but not limited to damages for lost revenues, lost profits, loss of goodwill, or any other tangible or intangible damages against AwayFind, its officers, employees, owners and/or agents.
- The trademarks, logos and service marks ("Marks") displayed on the Site are the property of AwayFind and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AwayFind or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
- TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, AWAYFIND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICE (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE). AWAYFIND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. ADVICE, SERVICE, AND/OR ANY OTHER TYPE OF REPRESENTATION FROM AWAYFIND SHALL NOT BE DEEMED TO DEMONSTRATE KNOWLEDGE OF AN INTENDED USE, AND SHALL NOT BE DEEMED TO CREATE ANY WARRANTY.
- AwayFind does not waive the right to enforce any provision of these Terms of Service by virtue of not enforcing any such provision in any particular instance. If any term of service is deemed to be unenforceable, the remaining terms shall continue in full force and effect. The Terms of Service shall be construed under the laws of the State of Maryland, and any dispute resorting to the use of the courts shall be litigated in the State of Maryland. The prevailing party in any dispute shall have the right to receive its costs and attorneys fees from the non-prevailing party. The TOS and Privacy Statement represent the entire agreement between AwayFind and the user. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.
- Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Nature of Change
Added SMS Services section.
Terms of Service revised to add License and Site Access, Eligibility, and Your Account sections, and describe improper uses of AwayFind in Basic Term number 6. Also revised to address use of logos and trademarks and explicitly discuss future notifications of changes to the Terms of Service.
Initial Terms of Service posted.