This Personal Assistant End User License Agreement ("Agreement") is made by Personal Assistant Inc., ("Personal Assistant") a third party providing services to The Apartment Concierge who has given You access to the Personal Assistant benefit ("Service") and You, the user of the Personal Assistant service ("You" or "Your"). By activating your account and using the Heron Springs Concierge Service (“The Service”), you agree to all of these terms and conditions of this Personal Assistance/Concierge Service Usage Agreement ("Usage Agreement"). If you do not agree with any of the terms or conditions contained herein, please do not use “The Service”.
The Service reserves the right to change, modify, add or remove portions of this “Usage Agreement” or the terms or conditions contained herein at any time. Changes to the agreement will be periodically made and included in a new "Usage Agreement" which will be posted in replacement of the old "Usage Agreement". Your continued use of the “The Service” following the posting of any changes will mean that you have accepted the changes.
The Service is the information and task service provided to you by the company that issued you the benefit or its’ affiliates and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use The Service.
The Registration Form, this Usage Agreement and any other policies relating to the use of The Service (collectively, this "Agreement") set forth the terms and conditions that apply to your use of the Service. By submitting the Registration Form, or by using The Service, you are deemed to have agreed to comply with all of the terms and conditions of this Agreement. The right to use The Service is personal to you and only you.
You have been given access to Heron Springs Concierge. Your access begins from the date the benefit was made available to you until midnight on the anniversary of the expiration date of the benefit. If the program is minute-based, the minutes used are calculated from the time an agent picks up the phone until the time your question is answered and delivered or your task is completed and rounded up to the next full minute.
While The Service may be complimentary, unless otherwise stated, you may only sign up one person to use the service on your account. You may only call from the phone number registered on the account.
The Service reserves the right to refuse service based on the type of requests made and the manner in which they are requested. As a general rule, the service will not provide information that will be used in a crime, considered illegal by any government body or that the phone agent deems inappropriate. The Service reserves the right to cancel an account based on conduct by the calling party.
You may not use The Service in the following manner: As a full time personal assistant, to perform functions in the course of running a business, to generate sales leads, to perform outbound telemarketing calls, to set up business appointments, to deliver business-related messages, to make requests without a clear purpose or need, to perform requests for the benefit of others, to allow others to use The Service on your behalf, to deliver messages that are controversial, demeaning or inflammatory in nature, to make requests that is a regular part of your business, to make requests whose information will be resold, to perform homework requests, to perform job searches, to perform requests that are sexual in nature, to perform requests that cause the agent to feel uncomfortable, to use profanity and any other requests that The Service finds inappropriate or that goes against the spirit of the nature of the reason The Service was given to you. Depending on the bundle of benefits you received from The Apartment Concierge some service categories may not be available to you and you will be referred to a different department that The Apartment Concierge has requested that we transfer you to. Your access to The Service may be immediately terminated or suspended if any of the above violations occur.
As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair Web site, Call Center, any user of the Web site, any user of the Call Center, or interfere with any other party's use of The Service.
All materials contained on the Service (including, without limitation, the Web site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of The Service, its partners and its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties
Links and query results to other Internet resources are provided for your convenience. These online resources have been chosen by The Service due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of The Service thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by The Service nor endorsed by The Service.
Because The Service has no control over such Web sites and resources, you acknowledge and agree that The Service is not responsible for the availability of such external Web sites or resources. In addition, you acknowledge and agree that The Service does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. Furthermore, you acknowledge and agree that The Service will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.
The use of the Service is for informational purposes only. User is solely responsible for any consequences of their use of any of the information provided by The Service. The user understands that The Service is solely a third party employed to retrieve information at the user's request. The Service will in no way be held liable for any recommendations, advice, directions, usage, or any other information that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method.
Do not use The Service if using The Service may put you in danger while operating a vehicle or during any other time that communicating with The Service may distract you.
A significant portion of The Service involves our phone agents visiting online resources on behalf of the User. The Service reserves the right not to visit any website The Service deems inappropriate for any reason by any phone agent. The Service is not liable for the information contained on any website and relayed back to the User.
Your understand that all telephone calls to and from The Service will be recorded, and might be reviewed for quality assurance purposes at any time. Recorded phone call conversations will only be accessible to the Quality Assurance Team and will be kept on a remote secure server for a duration deemed necessary.
All queries submitted to The Service in any form or fashion will become property of The Service and its partners or subsidiaries along with the answer and replies. The Service reserves the right to anonymously publish any websites, questions, queries, comments, responses, or any other form of media whether voice recorded, written, transcribed, text messaged, or any other form of communication for any purpose it sees fit. The Service ensures that the identity of any of its members or any of the people that its members or Users requests searches on will be kept within its organization and not used for any other purpose other than history tracking.
User understands that all correspondence with The Service whether it be written, emailed, text-messaged, spoken, or transmitted by any other form of communication will be kept on record for an unlimited duration, and will be used for the sole purpose of record keeping and quality assurance by The Service.
Text messaging - User will not hold The Service responsible for any lost text messages, emails, or any other correspondence generated by The Service or User. User understands that due to The Service's lack of control on whether the electronic media sent over the public domain, that any resulting claims for loss of time, money, material or otherwise cannot be claimed against The Service If The Service sends a response to a query whether text messaged or called in to a User and the User dos not receive the message, the User may call The Service query phone line and either ask for the answer to be verbalized or resent via text message.
By agreeing to the terms and conditions of The Service, the customer also allows the company who has gifted the customer with a complimentary account to be able to able to text message the customer with periodic text messages. The customer can elect to opt out of receiving the text messages by calling the provided toll free number and opting out of the service.
At the User's request, The Service or its agents may purchase items either over the Internet or on the phone with third party vendors with the User's credit card. In the event that the User initially wants The Service to make purchases for the User, the User will be asked for a credit card to be used for those charges. The User may be required to give an over the phone, live voice authorization with the agent that is assisting the user and another phone agent that verifies the purchase. All voice authorizations will be digitally recorded and kept for an indefinite amount of time. All disputes with charges need to be addressed to your Credit Card Company or merchant first. The Service does not warrant or stand behind any purchases made on the User's behalf. All invoices, shipping information, etc. will be sent directly to Users email address for vendor. The Service or any of its agents are merely third parties here to facilitate the purchase. The Service does not receive any monetary compensation from any of the transactions other than the billing minutes used in the process.
The Service keeps the personal information of any of its members or Users, whether current or past in the strictest of confidence. The Service neither shares nor distributes lists or information to any other services or companies. All queries or requests compiled by The Service will remain in the company security archives. Although The Service will take every reasonable precaution to safeguard its database and compiled customer lists etc., The Service, its agents or any of its affiliates cannot be held liable for any personal information being publicly released by way of theft, piracy, hacking into server or any other illegal means.
By checking the checkbox labeled "By clicking this checkbox I agree to receive text messages", you are allowing The Service to send you periodic text messages. Message and Data Rates May Apply.
You may cancel at any time. Simply send END, STOP, QUIT, CANCEL or UNSUBSCRIBE to (888) 445-0049 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register.
To get help or support, email us at email@example.com. From your mobile phone, you may request our contact information at any time by texting HELP to (888) 445-0049.
You may also mail us your intent to opt out and stop future text messages by sending us of your intent to cancel at:
16990 Dallas Parkway, Suite 200
Dallas, TX 75248
You will receive an automated opt of confirmation text message once your request is processed. Standard text messaging charges apply. Please allow 1 business day from the date the letter is received by our office to process.
Message Frequency: The number of messages vary per user. *The wireless carriers are not liable for delayed or undelivered messages
You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information owned by The Service and its licensors, and that your subscription does not confer on you any right, title or interest in or to the Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE SERVICE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE SERVICE, EVEN IF THE SERVICE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM RELATED TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Service, its affiliates, partners, service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user by you or your Account.
This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless in writing and signed by you and an authorized officer of The Service.