Terms of Service

Agreement between user and Mercury Flight LLC

Mercury Flight LLC website (the “Site”) is comprised of various web pages operated by Mercury Flight LLC. Mercury Flight LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Mercury Flight LLC constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Mercury Flight LLC is a E-commerce Site that Provides Businesses a web based tool so they may be able to mass communicate via call, text and email.

Privacy

Your use of Mercury Flight LLC is subject to Mercury Flight’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Mercury Flight LLC or sending emails to Mercury Flight LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password unless hacked into. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mercury Flight LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Mercury Flight LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Mercury Flight LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Mercury Flight LLC only with permission of a parent or guardian. By sending and receiving text messages, emails, and other communications using Mercury Flight LLC Services, you agree that Mercury Flight LLC, its employees, affiliates, and associates are not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. You also agree that any recipient requesting to opt-out of any communications you are sending using Mercury Flight LLC services will be removed from any of your future communications.

Cancellation / Refund Policy

Monthly service plans will automatically be billed every 30 days to your credit card until canceled and each billing cycle will not carry over any account balances from prior month if not used. You may cancel your monthly plan at any time directly by sending an email to cancel@mercuryflight.com. There are no pro-rated refunds if canceling mid-month. If for some reason we cannot bill your card we will place your account on hold. If we don’t receive payment within the 30 days your account could be suspended or deleted.

Our system works with approximately 90% of answering machine and voice mail systems currently on the market. Due to the fact that there are many different service providers with a variety of voice mail systems, it is not possible to maintain 100% compatibility with all systems. Mercury Flight LLC will NOT issue any refunds for messages that were not successfully left on the recipient’s voice mail or answering machine. Calls that were not connected will not be on your monthly bill cycle.

Regarding our text messaging services, once texts are sent, there are no refunds available for text messages that fail, do not connect, or are otherwise not successful. Due to the nature of text messaging and SMS services, we are not responsible for texts that end up never reaching their target destination.

Please be careful when filling out your campaign details and ensure that all information is accurate and up-to-date. We do not provide refunds for campaigns that were setup with improper dates, times, or wrong information. Double check your campaign details, understand that if you’re sending out a campaign at a specified time zone, the campaign will begin at that time to ALL your recipients and is not adjusted for each phone number’s or emails local time zone.

Links to third party sites/Third party services

Mercury Flight LLC may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mercury Flight LLC and Mercury Flight LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mercury Flight LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mercury Flight LLC of the site or any association with its operators.

Certain services made available via Mercury Flight LLC are delivered by third party sites and organizations. By using any product, service or functionality originating from the Mercury Flight LLC domain, you hereby acknowledge and consent that Mercury Flight LLC may share such information and data with any third party with whom Mercury Flight LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Mercury Flight LLC users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Mercury Flight LLC strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mercury Flight LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree you will not use the calling, emailing and/or texting (SMS) services for the sending of any unsolicited messages or spam. To use our calling services you agree to fully comply with the Federal Do Not Call guidelines. To use our texting (SMS) services you agree to follow the Mobile Marketing Associations Best Practices guidelines.

We do not take abuse of our system lightly and will cooperate fully with state and federal law enforcement and will provide them any information that’s requested. This information includes, but is not limited to, phone numbers, e-mail addresses, IP logs, and any other information that the authorities may request.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mercury Flight LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mercury Flight LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mercury Flight LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mercury Flight LLC or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Mercury Flight LLC from our office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mercury Flight LLC Content accessed through Mercury Flight LLC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Mercury Flight LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
www.donotcall.gov
www.mmaglobal.com

Mercury Flight LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mercury Flight LLC in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE MINOR INACCURACIES OR MINOR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MERCURY FLIGHT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MERCURY FLIGHT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCURY FLIGHT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF MERCURY FLIGHT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Termination/Access Restriction

Mercury Flight LLC reserves the right, in its reasonable discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mercury Flight LLC as a result of this agreement or use of the Site. Mercury Flight LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mercury Flight LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mercury Flight LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mercury Flight LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mercury Flight LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Mercury Flight LLC reserves the right, in its reasonable discretion, to change the Terms under which Mercury Flight LLC is offered. The most current version of the Terms will supersede all previous versions. Mercury Flight LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Mercury Flight LLC welcomes your questions or comments regarding the Terms:
Email Address: contact@mercuryflight.com
Effective as of August 15, 2013 (Updated March 12, 2014)