Terms of Service
1. This is a Legal Agreement

This Terms of Service ("Terms") is an agreement between you and VFT Global Corp. (“the Company"), the owner and operator of www.1messagewaiting.com, the 1messagewaiting software, the 1messagewaiting app, and all content provided by 1messagewaiting through the 1messagewaiting web site or applications, (collectively, "the Service" or "1MessageWaiting"). By using the Service, you acknowledge and agree to these Terms and 1MessageWaiting's Privacy Policy, which can be found at  www.1messagewaiting.com/privacy, and which are incorporated herein by reference. If you do not agree with any of these terms, you may not use the Service.

The company may change or modify the Services or the Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted in relation to the Services. Any use of the Services by you after we post changes to the Terms constitutes your acceptance of those changes.  Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.1messagewaiting.com/terms.

2. The Service

You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g. ISP, mobile carrier) incurred while using the Service. Our service does not charge consumers to send, receive or reply to text messages. However, Message and Data Rates may apply.

You acknowledge that text messages are transmitted unencrypted and that eavesdropping of cell phone communications, including SMS delivery, by third parties is possible. The Company recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.

The Service consists of one or more of the following: a web-based interface, messaging applications, data encryption, data transmission, data access, and data storage. Outbound messages are provided through different routes, and the level of reliability and support for special features varies according to the route.

The Company only provides that the text messages, email and voice broadcasts you send through the Service are processed correctly and delivered to the applicable network. The Company is not responsible for the final delivery of the message or broadcast, as this is beyond our control and is the responsibility of the cellular telephone operator or other network.

The Company sends and receives text messages via major telecommunications companies and mobile network operators, and thus The Company’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon The Company. While The Company shall use commercially reasonable efforts to deliver your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the GSM network. You should know that mobile network operators assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the mobile network operator without any notice. The Company is not liable for any loss incurred by the failure of a message or broadcast to be delivered or to by the delivery of a message outside of the scheduled time, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from The Company for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.

You represent and warrant that the owners of the phone numbers you provide to The Company, to which outbound messages and broadcasts are sent through the Service, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You will immediately notify The Company in writing in the event that any such phone number has opted-out of receiving messages or broadcasts through the Service. You acknowledge and agree that you will send messages and broadcasts only to individuals who have given you their express permission to be contacted.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through The Company. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, broadcasts and campaigns transmitted through The Company by visiting the following websites:

Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
DoNotCall Registry Info, http://www.donotcall.gov

If you choose to create a 1MessageAwaiting account, you will select a unique username and password. You shall provide The Company with accurate, complete, and regularly updated member profile information. You agree to notify The Company of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at The Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

3. Prohibited Content and Activities You accept that the Service is provided for personal use only. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

  • Send unsolicited marketing messages or broadcasts (i.e. spam);
  • Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
  • Mislead others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
  • Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind;
  • Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
  • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to the Company's or its users’ computers, devices or systems
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  • Obtain or attempt to gain unauthorized access to the Service, other accounts, other computer systems, materials, information or any services available on or through the Services;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

You agree that The Company is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and The Company will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. The Company will not be liable for any misuse of the Service by you. The Company is not responsible for the views and opinions contained in any of your messages or broadcasts.

You warrant and represent to The Company that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Website and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

4. 1MessageWaiting Access

A. Subject to your compliance with these Terms of Service, the Company hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without the Company's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide the Company with your mobile phone number. If you choose to use 1MessageWaiting tools or applications that utilize your contacts and/or address book, you expressly acknowledge and agree that in order to provide the Service, the Company may periodically access your address book and/or contacts, as necessary to provide the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to the Company to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Service. You must notify the Company immediately of any breach of security or unauthorized use of your mobile phone. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

5. Third Party Web Sites

These Terms of Service apply to all users of the Service. Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that the Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

6. Intellectual Property Rights

The design of the 1MessageWaiting Service along with 1MessageWaiting created text, scripts, graphics, interactive features and the like, except reminder text messages, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE 1MESSAGEWAITING SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 1MESSAGEWAITING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. 1MESSAGEWAITING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1MESSAGEWAITING SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 1MESSAGEWAITING SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of The Company. In addition, The Company shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.

9. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1MESSAGEWAITING CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the 1MessageWaiting Service is appropriate or available for use in other locations. Those who access or use the 1MessageWaiting Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless 1MessageWaiting, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 1MessageWaiting Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the 1MessageWaiting Service.

11. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the 1MessageWaiting Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the 1MessageWaiting Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 1MessageWaiting without restriction.

13. General

You agree that: (i) the 1MessageWaiting Service shall be deemed solely based in Florida; (ii) the 1MessageWaiting Service shall be deemed a passive server that does not give rise to personal jurisdiction over 1MessageWaiting, either specific or general, in jurisdictions other than Florida; and (iii) that you agree to subject to the jurisdiction of Florida in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and 1MessageWaiting that arises in whole or in part from the 1MessageWaiting Service shall be decided exclusively by a court of competent jurisdiction located in Seminole County, Florida. These Terms of Service, together with the Privacy Policy at www.1messagewaiting.com/privacy and any other legal notices published by the Company, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and the Company concerning the 1MessageWaiting Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. the Company reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the 1MessageWaiting Service. Your continued use of the 1MessageWaiting Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 1MESSAGEWAITING SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.