Terms of Use

Your use of this Web site constitutes your agreement to all of the following terms and conditions.

Disclaimer of Liability

Information provided on this web site is provided by Semotus Solutions, Inc. ("Semotus") "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Semotus uses reasonable efforts to include accurate and timely information on this Web site and periodically updates the information without notice. However, Semotus makes no warranties or representations as to the accuracy or completeness of such information, and Semotus assumes no liability or responsibility for errors or omissions in the content of this Web site. Your use of this Web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall Semotus be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this Web site.

Links to Third-Party Sites

This Web site may contain links to Web sites operated by parties other than Semotus. These links are offered solely for your convenience. Semotus neither controls nor is responsible for the contents of any linked site or any link contained in a linked site.

Linking Policy

Unless you have a Semotus Logo License or other written agreement in effect with Semotus which states otherwise, you may only provide a hypertext link to the Web site on another website, provided that (a) the link must be a text-only link clearly marked "Semotus Solutions Home Page" or "Semotus Solutions", (b) the link must "point" to the URL "http://www.semotus.com" and not to other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Semotus' name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Semotus, (e) the link, when activated by a user, must display the Web site full-screen and not within a "frame" on the linked website, and (f) Semotus reserves the right to revoke its consent to the link at any time in its sole discretion.

Applicable Laws

Semotus controls this Web site from its headquarters in Los Gatos, California. You and Semotus agree that the laws of the state of California, without regard to the conflicts of laws and provisions thereof, shall apply to all matters relating to the use of this Web site. Semotus makes no representation that the materials on this Web site conform to your local laws, and if you are accessing this Web site from a location outside California, you alone are responsible for compliance with your local laws.

No Unlawful or Prohibited Use

As a condition of your use of this Web site, you agree that you will not use this Web site or the information or software contained herein for any purpose that is unlawful or prohibited by these terms and conditions.

Copyright

The works of authorship contained in this world wide Web Site (the "Semotus Site"), including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Semotus Solutions, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Semotus Solutions, Inc., except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing Semotus Solutions' Legal Disclaimer, Copyright and Trademark Notices.

Our Privacy Mission

Semotus Solutions, Inc. ("Semotus") is firmly committed to your privacy. This policy states our privacy practices for you, our subscriber, and your use of our services, and all interactions between you and Semotus. Our mission in implementing this privacy policy is to first, protect your information, and second, use your information only to provide you with the highest quality, most personalized information services available - exclusively on your behalf.

How Do We Collect and Use Your Information?

Semotus only collects personal information about you that we consider necessary for providing you with the highest quality, most personalized information services available.  Semotus collects personally identifiable information about you in the following ways:

when you subscribe to one of our financial services or paging services, you provide basic contact information, your wireless device ID and/or phone number, your personal preferences (e.g., stocks), and where appropriate, billing information; and
if you choose, you may give us additional information (e.g., by entering non-required fields in our subscription interface or by sending a help request).
We will use your personally identifiable information only to provide you the best possible services, notify you of technical or billing issues, inform you of changes in our services, or communicate with you in any other way that you choose (e.g., to participate in market research efforts).

We may receive non-personalized, aggregated data from our business partners and information service providers. These companies use personally identifiable information to compile the aggregated data; however, they provide us only the aggregated data and never your personally identifiable information. We also collect site usage statistics such as domain names, web browser types, and page requests. The non-personalized, aggregated data is used to more efficiently operate our services and prepare for network load demands, to promote the services, and to sell advertising and research that subsidize the cost of our services.

How is Your Information Shared?

Semotus will not give, sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent.  Semotus will not disclose your personally identifiable information to any other company or person except:

when you have expressly opted-in to share the information with a third party; or
 when we need to share the information with a company that works on our behalf; these companies do not have any right to use the personally identifiable information beyond what is necessary to assist us when we believe you have acted in violation of our terms of use of our services; or                                                                                                         we may share aggregated statistics not linked to any individual about buying patterns, sales and other shopping information with our marketing partners and other third parties for research purposes only.

Legal Requests:  Semotus cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you from bad actors.  Therefore, in response to a verified request by a law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can disclose your name, city, state, telephone number and other personal information without a subpoena. 

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy.  Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Security: How Do We Protect Your Information?

Semotus makes every effort to protect against the loss, misuse and alteration of your personal information. Your information is stored on Semotus’ servers located in Canada.  We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including, but not limited to, encryption, “firewalls” and Secure Socket Layers.  We treat data as an asset that must be protected against loss and unauthorized access by users inside and outside the company.  However, “perfect security” does not exist on the Internet.

Control of Your Password.

You are responsible for all actions taken with your User ID and password, including fees charged to your account.  Therefore we do not recommend that you disclose your Semotus password to any third parties.  If you choose to share your password or your personal information with third parties, you are responsible for all actions taken with your account.  If you lose control of your password, you may be subject to legally binding actions taken on your behalf.  Therefore, if your password has been compromised for any reason, you should immediately change your password.

How Do We Use Cookies?

Like many other sites on the Internet, Semotus uses cookies. Semotus uses cookies and collects IP addresses in order to better facilitate the Services provided to you, and to collect non-personal aggregate data for marketing research purposes.

If you click on an advertisement through our services, the advertiser, or a company working on its behalf, may set and access cookies on your machine. The advertiser's use of its cookies is subject to its privacy policy, not ours. Please refer to the advertiser's privacy policy if you have any concerns.

You are always free to decline our cookies if your browser permits.

What if Our Privacy Policy Changes?

Semotus may from time to time revise this privacy policy. If we make material changes, we will post the new policy on our website and notify you of the changes.