Terms of Service

SLI Notify Terms of Service
 
1.  MESSAGING SERVICE
SLI Notify (SLINotify.com, the Service) is provided by Silver Lining Innovation, LLC located at 9407 Westport Road, Suite 116-266, Louisville, KY 40241.
 
2.  ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with SLI Notify irrespective of where you live in the world and your age. Please observe however, that underage persons need consent from parents. You always act as a private person and only represent yourself and/or your league, school or organization.
 
3.  DESCRIPTION OF SERVICE
SLI Notify supplies you with a set of services that allow you to send voice messages, email messages, and SMS Text messages to US cell phone carriers. This is NOT A FREE SERVICE. As part of your account you also agree to receive occasional information directly from SLI Notify. You can opt-out of receiving these emails by sending an email to unsubscribe@SLINotify.com.
 
4.  USAGE - IMPORTANT
We offer SLINotify.com so customers can send out voice messages, text (sms) and email alerts to opt-in users of their account. The service must not be used for unlawful, inappropriate or criminal purposes. You cannot use SLI Notify service in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet.

Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin color, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. If you do any of the described activities: Your account will be deleted without warning of any kind.

Should your violations of our terms of use become a legal matter, your information will be shared with legal authorities in accordance with our Privacy Policy. We assume that you will use our service in strict agreement with our usage policy and communicate with people in a friendly manner.

We will therefore share all information available to us about you and your account, should we receive a complaint that your account was used in violation of our policy. By proceeding to use SLINotify.com you explicitly agree with this statement. If you do not agree with this policy, you cannot use our service.
 
5.  REGISTRATION
When you register, we may ask you to state your address and other information related specifically to your account. If you chose to register your name as part of your email address or elsewhere, you consequently agree to that your name and other information you have provided will be stored in the SLI Notify database.
 
6.  DELIVERY
The international SMS network, as well as email delivery, is built on the "best effort" principle with high historical delivery rates. This means that delivery of messages cannot be guaranteed.  We do track the status of each message, and once a call is answered (by human or machine), or a text or email is successfully sent, we will deduct those credits from credit based plans, and we cannot refund credits for those messages.
 
7.  QUALITY OF DATA
The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or address) may be deleted at our sole discretion, together with all associated information. It is your responsibility to make sure that your information is up-to-date.
 
8.  SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send Voice messages, SMS text messages, and email messages to members of your group or organization. The payment for a subscription may be executed monthly, quarterly, semi-annually or annually on the day the subscriber first joins the program. Subscriptions can be cancelled under the following terms:
Subscription privileges stop at the time of cancellation
No refunds for subscriptions will be issued under any circumstances

To cancel your subscription, please send and email to unsubscribe@SLINotify.com. Then request that the subscription be cancelled.


The basic account fees ("Service Fees") shall be provided at the rates set out in the SLI Notify™ pricing plan at the time of subscription, plus any applicable taxes. SLI Notify™ may from time to time modify the Service Fees.
 
9.  INTEROPERABILITY
The ability to send and receive SMS messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global SMS network the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.
 
10.  SPAM
Silver Lining Innovation, LLC will immediately terminate and delete your SLI Notify account if it believes that the account is being used for SPAM or unsolicited bulk messaging. SLI Notify is bound to deliver a valued service and will NOT TOLERATE SPAM (sending of unsolicited message) of SMS, MMS, EMS, phone or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using your SLI Notify.com account you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. SLI Notify refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be born by you. Silver Lining Innovation LLC (the operator of the SLINotify.com service) does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

The client undertakes that it will not knowingly use the SLINotify.com service for any illegal, immoral or improper purpose or in any manner which contravenes the law or regulatory requirements of the appropriate jurisdiction or knowingly in any way which is indecent or offensive or in any way that could be considered as Spamming, and undertakes not to allow any third party to do so. The client explicitly confirms that for each voice or email message, or each SMS (Text) it sends to Mobile Subscribers via the SLINotify.com service/platform, the client has the prior consent of the recipient of each message before the message is sent.

Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

11.  DEFINITION OF UNLIMITED CALLS
Certain plans are classified as "Unlimited" which means you can send an unlimited number of time-sensitive messages to a relatively static list of members or recipients, provided, however, that messages conform with all FTC and FCC regulations, and are not considered as 'spamming' by your recipients. Consistently changing recipient lists, and/or frequently sending messages that have a high percentage of disconnected numbers, where recipients hang-up shortly after the call begins, or where we receive a high percentage of opt-out requests, may result in a plan adjustment or account cancellation by SLI Notify.

 
12.  QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. Silver Lining Innovation LLC does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.
 
13.  REFUND POLICY
For our customers with pre-paid accounts we offer a "30-day no questions asked" refund policy. If, for any reason, you are not satisfied with our service we will refund the purchase price of all unused credits. Please note that any setup fees and used voice call or SMS text credits CANNOT be refunded. All refunds are issued within 14 days upon your request.
 
14.  EQUIPMENT
You must have access to the necessary equipment to use the SLI Notify service from a telephone or the Internet. You must have access to phone service or to the Internet and you must pay all costs pertaining to such access.

15.  ACCOUNT SECURITY
When you are registered, you are given a Personal Identification Number (PIN) and a Customer Number (ID). You are responsible for protecting the confidentiality of your PIN and Customer ID, and are fully responsible for all activities that occur under your PIN and ID.

You agree to immediately notify SLI Notify™ of any loss, compromise or unauthorized use of your PIN and ID or any other breach of security. You may notify SLI Notify™ through our website, by sending us an email to support@SLInotify.com, by sending a letter to SLI Notify™, 9407 Westport Rd, Suite 116-266, Louisville, KY, or by telephone at (888) 730-2056.

Prohibited violations of the security of the messaging services include, but are not limited to, the following:

1. Attempting to log into or otherwise obtaining or seeking to obtain unauthorized access to any account or computer system. This includes, for example:
   a)  accessing data or information not intended for you or your use,
   b)  attempting to probe, scan, or test the vulnerability of the messaging services, and
   c)  tampering, hacking, modifying or otherwise corrupting, circumventing or breaching security or authentication measures without proper authorization.
2. Interfering with or attempting to interfere with the messaging services to any user, host, or network, by use of any program, script, command, or otherwise, including, overloading, "flooding," or "crashing" any computer system, "trapping" users at any URL or site, or taking any action that has a similarly disruptive effect as any of the foregoing.
3. Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Messaging Services. 
4. Interfering with, intercepting or expropriating any system, data or information.

16.  CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that SLI Notify™ may record the oral or voice communications, utterances, conversations or commands ("Voice Inputs") made by you during the use of the SLI Notify™ Service. By using the SLI Notify™ Service, you expressly consent and grant to SLI Notify™ the right to record and use your Voice Inputs. If you do not want your Voice Inputs recorded or used, you may not use the SLI Notify™ Service.

17.  NON-COMMERCIAL PERSONAL USE
SLI Notify™ offers service plans for both commercial use and non-commercial use (e.g. Coaches and Sports Leagues, Churches and Synagogues, Schools, Clubs and Organizations, Election and Campaigns, and Government Emergency Notification. SLI Notify offers on its web site, fees and rates for both non-commercial and commercial users. Users can find special plans designed for various commercial and non-commercial users at www.SLINotify.com.

Commercial clients may use the service to deliver non-solicitation messages to consumers, or reasonable business-to-business use to contact existing customers, subscribers, members or others with which you have an ongoing business relationship.

Non-commercial clients may use the message service to reach, inform and notify members, players, students, and their families of activities, events and issues important to the organization.

Users who attempt to use any of the packages outside the scope of their plan will be subject to re-pricing, retrospectively, at the then current rate. By way of example and not limitation, Commercial users who attempt to use any of the unlimited packages for non-commercial use (e.g. Coaches and Sports Leagues, Churches and Synagogues, etc.) will be contacted, and your usage and service will be subject to re-pricing, retrospectively, at the then rate.

18.  NO RESPONSIBILITY FOR CONTENT
SLI Notify™ does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the SLI Notify™ Service. You acknowledge that the SLI Notify™ Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that SLI Notify™ has no obligation to screen, preview, or monitor such Content. By using the SLI Notify™ Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness or appropriateness of any Content that you send, receive, access, post or otherwise transmit through the SLI Notify™ Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will SLI Notify™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the SLI Notify™ Service.

 
19.  SYSTEM MAINTENANCE
Silver Lining Innovation, LLC, and/or third parties we contract for services, maintains computer equipment and software to ensure the highest level of service.  Any scheduled database backups and system upgrades will be performed outside of standard times for use of our services in order to minimize any disruptions to our customers.  It is possible that some or all functions will not be available during these times.

20.  REMOVE PHONE NUMBER
If members of your group do not wish to receive messages, they may visit our website for details to remove their numbers, or contact us via email at support@SLInotify.com - or by sending a letter to SLI Notify, 9407 Westport Rd Suite 116-266, Louisville, KY 40241 , or by telephone at (888) 730-2056 to request the removal of their telephone number from the roster. Only phone numbers maintained in our roster system may be removed in this way.
 
21.  PRIVACY
Your correspondence is your own private property. Silver Lining Innovation LLC takes no responsibility whatsoever for the content in the correspondence of its members. Nor does it take any responsibility whatsoever for activities that may take place as a consequence of communication via the SLINotify.com site. SLI Notify will not change, destroy or forward the contents of your correspondence, unless entitled to do so by this agreement or forced to do so by law, regulation or any extraordinary circumstance. SLI Notify may, however read the content's of your correspondence and act to ensure that the service is used in line with the requirements of this Terms of Service.
 
22.  INTEGRITY
You are responsible for your account and your password. Silver Lining Innovation, LLC will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account name (username) and password to anyone else including Silver Lining Innovation LLC staff members. We strongly recommend that you change your password periodically and that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case. You are not allowed to give others access to your account and you cannot send messages on other people's behalf. Such activities are in violation of this Terms of Service and will result in account suspension.
 
23.  CLOSURE OF SERVICE
Silver Lining Innovation LLC may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 180 days, if (c) you do not follow the terms stated in this agreement, (d) the use of your account contravenes the law or the conditions in this agreement, (e) there is reasonable suspicion that a crime has been committed, (f) if you do not maintain a valid e-mail address or (g) if there is a suspicion that you used your account to send SPAM. Silver Lining Innovation LLC may also limit some of the functionality available to you if you do not logon to your account for more than 90 days. Silver Lining Innovation LLC also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.
 
24.  WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit.

25.  LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT SLI Notify™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SLI Notify™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING OR ARISING FROM: (I) THE USE OR INABILITY TO USE THE SLI Notify™ SERVICE; (II) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SLI Notify™ SERVICE; (III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SLI Notify™ SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SLI Notify™ SERVICE. SLI Notify's LIABILITY, IF ANY, ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT WHICH HAS BEEN PAID TO SLI Notify™ FOR THE THREE MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CLAIM ARISES.

 
26.  INDEMNIFICATION
You agree to indemnify and hold Silver Lining Innovation LLC, its parents, subsidiaries, affiliates, officers and employees, harmless for any claim, demand, or damage, asserted by any third party due to or arising out of your use of or conduct on the system. The Service is provided without any guarantees explicit or implied. Silver Lining Innovation LLC is not responsible for direct, indirect or other damage suffered by the User or a third party as a result of using the Service, faults in the Service or interruption to or termination of the Service. Silver Lining Innovation LLC is also not responsible in any way for the content or the delivery of the messages which the User has sent or received via the Services.

27.  PROPRIETARY RIGHTS
You acknowledge and agree that the SLI Notify™ service and any necessary software used in connection with the SLI Notify™ service and service providers contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor messages or information presented to you through the SLI Notify™ service or sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, or transfer or sell any information, products or services obtained from SLI Notify™, except as set forth herein. SLI Notify, the SLI Notify™ logo and other logos, product and service names may be trademarks, service marks or other intellectual property of SLI Notify™ (the "SLI Notify™ Marks"). You agree not to display or use the SLI Notify™ Marks in any manner without the prior permission of SLI Notify™.

 
28.  COPYRIGHT
This web site, the web site technology and all content from time to time displayed on the web site (the Web site) are the property of Silver Lining Innovation LLC. The Web site is protected by United States law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from Silver Lining Innovation LLC, copy or to the public display the Web site or the Web site in part or parts. You also may not mirror the Web site on your home page. Your use of the Web site does not create a license or any other rights in Silver Lining Innovation LLC's trademarks, services, copyrights, or any other intellectual property or proprietary rights.
 
29.  DISAGREEMENTS
This agreement shall be governed by and construed in accordance with laws of the Commonwealth of Kentucky . In case of a dispute, you agree to submit yourself to the jurisdiction of courts of the Commonwealth of Kentucky.
 
30.  CHANGES IN THIS AGREEMENT
Silver Lining Innovation LLC reserves the right to alter the terms of this agreement. The right to use the services is subject to your approval of the membership terms applicable from time to time. It is therefore in your interest to keep yourself updated on the membership terms. By continuing to use this service, you accept the new wording of the membership terms.

31.  ENTIRE AGREEMENT
The Service Agreement governs your use of the SLI Notify™ service and constitutes the entire agreement between you and SLI Notify™. It supersedes any prior agreements between you and SLI Notify™. Additional terms and conditions may apply when you use the services of service providers and other third parties. These additional terms will not reduce, diminish or eliminate any rights SLI Notify™ possesses with respect to this Service Agreement. Notwithstanding the foregoing, you or your organization or company may have a signed Service Agreement in addition to this Service Agreement. In the event of a conflict, the terms of the signed Service Agreement shall control.

32.  GOVERNING LAW AND ARBITRATION
The Service Agreement and the relationship between you and SLI Notify™ shall be governed by the laws of the Commonwealth of Kentucky without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SLI Notify™ service or to the terms of this Service Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with SLI Notify™ exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Louisville, KY. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

33.  MISCELLANEOUS
Any failure by SLI Notify™ to exercise any rights or enforce any of the terms of this Service Agreement shall not constitute a waiver of such rights or terms. If any portion of the Service Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the Service Agreement remain in full force and effect.