Consumer advice: This version of Pocket Express includes access to information services that are currently offered at no charge, other than your standard data access plan from your network provider. Other, optional services and products are also available from the Pocket Express product and any costs for those services will be presented prior to purchase and will not be charged without your agreement. All services and products, both no charge and paid, are governed by the following terms, which, by agreement, you explicitly acknowledge as having read and understood.
HANDMARK EXPRESS TERMS OF SERVICE, LICENSE AGREEMENT AND CANCELLATION POLICY
SUMMARY
SUBSCRIPTION ACCOUNTS, PAYMENT, AND CANCELLATION
By establishing an account or using any software provided, developed, licensed or owned by Handmark you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, the Terms Of Service and the End User License Agreement, and other Handmark policies posted on our Web site.
SUBSCRIPTION REQUIREMENTS
Customers must be at least 18 years old. Handmark reserves the right to change prices and institute new fees at any time.
OTHER FEES
You acknowledge and agree that any fees or charges, including, but not limited to, the costs for sending or receiving text messages, downloads, updates, emails, or any other data transmission or use costs, incurred while using this software or service, from any mobile operator, carrier, or other service provider are your sole responsibility.
PAYMENT OBLIGATIONS OF A CUSTOMER
All Handmark Express subscriptions, both monthly and annual subscriptions, renew for like terms and are billed to your credit card, or other form of payment you select, on the monthly or annual anniversary date unless canceled in writing prior to the end of the then current subscription period, either the current month or annual term of the subscription.
When asked, customers must (1) provide Handmark with accurate and complete billing information including legal name, address, phone number, and credit card/billing information, and (2) report to Handmark all changes to this information within 30 days of the change. Customers are responsible for any charges to their account.
Customers having questions regarding charges to an account should contact Handmark by email at support@handmark.com. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. Handmark is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Handmark.
Delinquent accounts may be suspended or canceled at the sole discretion of Handmark; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added. Handmark may bill an additional charge to reinstate a suspended account.
CANCELLATION OF HANDMARK EXPRESS SUBSCRIPTION
You understand and acknowledge that any service, including services provided at no charge by Handmark, may be modified, suspended, or cancelled at any time by Handmark, and that services that may have been provided at no charge may become available only as part of a paid subscription. You further understand and acknowledge that any such change may occur without any notice to you, the user of the service.
Your Service Commitment begins on the day of activation of your subscription to Handmark Express. All Handmark Express subscriptions, monthly, annual, or subscriptions for any other time period, are prepaid and may not be canceled during the prepaid period of service. For services beyond the prepaid subscription, the renewal period, you may cancel your Handmark Express subscription at any time for any reason. In all cases, if you cancel service you will remain responsible for service fees and charges incurred through the effective date of cancellation.
You have received certain benefits from us in exchange for any Service Commitment. If we terminate your service for nonpayment or any default of your end user license before the end of the Service Commitment, or if you terminate your service for any reason pursuant to a change of terms, conditions, or rates as set forth below, you agree to pay us, in addition to all other amounts owed, an Early Termination Fee of $35 (U.S.)
ELECTRONIC COMMUNICATIONS
When you create an account or use the Software to communicate with us, you are communicating with us electronically. Your creation of an account or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by posting a message through the Software or Content, by e-mail or by posting notices on www.handmark.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you sign up for our SMS text alerts, you agree that we may communicate with you through SMS text until you terminate your subscription. We do not charge you to participate in our SMS text alert program, but your Carrier's standard SMS text messaging charges will apply.
HOW TO OPT-IN: By changing your account preferences or by sending 'EXPRESS' to 46275 by SMS text message. You will receive one SMS text message confirming your subscription.
HOW TO OPT-OUT: By changing your account preferences or by sending 'STOP' to 46275 by SMS text message. We will immediately unsubscribe you from our SMS text alert service. You will NOT receive a SMS text message to confirm your cancellation.
HOW TO GET HELP OR SUPPORT: By sending 'HELP' to 46275 by SMS text message.
CUSTOMER'S ACCOUNT, PASSWORD AND SECURITY
Upon registration, you may receive a username and password. You are the only authorized Customer of your Handmark account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Handmark immediately upon discovering any unauthorized use of your account. Usernames and passwords are the property of Handmark and Handmark may alter or replace them at any time.
RESTRICTIONS
Unless you have a separate agreement with Handmark authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Express Service to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Service or otherwise attempt to discover or re-create the source code to the Service; (iii) comply with all applicable laws, including U.S. export control laws, applicable to the Service; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Service; (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of Handmark or its suppliers in any portion of the EXPRESS WIRELESS Service or on the Express Web site(s); (vi) not interfere with or disrupt the use and enjoyment of the Services by other users; and (vii) not use any type of automated means to (a) utilize the Service or (b) download or retrieve Express content or other information.