McDVOICE Terms of Services

These “Terms of Service” (referred to as “Terms”) delineate the conditions under which Service Management Group, LLC and its affiliated entities (collectively referred to as “SMG,” “we,” “us”) offer access to websites, services, and applications, including mobile apps, linked to or referenced by these Terms (collectively known as “SMG Service Management Group”).

Prior to using SMG Service Management Group, it is crucial to thoroughly peruse these Terms as they constitute a legally binding agreement between you and SMG.

BY UTILIZING ANY ASPECT OF SMG Service Management Group, YOU EXPRESSLY AGREE TO ABIDE BY THESE TERMS AND ASSERT THAT YOU ARE LEGALLY CAPABLE OF DOING SO. IF YOU ARE ACCESSING SMG Service Management Group ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IMPLIES A BINDING AGREEMENT BETWEEN YOUR EMPLOYER AND SMG. YOU MUST ALSO AFFIRM THAT YOU HAVE THE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.

IMPORTANT NOTICE: These Terms incorporate clauses that limit our liability to you and necessitate the resolution of disputes through binding arbitration on an individual basis, excluding participation in any class or representative actions. For detailed information, refer to the “VALIDITY OF CONTRACT, DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 7) and “DISPUTE RESOLUTION” (Section 9) sections below.

IF YOU DO NOT CONSENT TO ALL THE TERMS LAID OUT IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO UTILIZE SMG Service Management Group.

1. MODIFICATIONS TO TERMS

The Effective Date of these Terms is indicated at the top of this page. As we introduce new features, we may make amendments to these Terms. SMG holds the right to alter these Terms at any juncture by updating them. Your obligation extends to comply with any such modifications; therefore, it is prudent to periodically revisit this page for a review of these Terms. Continued utilization of SMG Service Management Group following any alterations to the Terms indicates your acceptance of the revised Terms. These amended Terms will take precedence over all previous versions of agreements, notices, or statements concerning the Terms but will not apply retroactively.

2. ADDITIONAL TERMS

Certain services offered through SMG Service Management Group, such as mobile applications, sweepstakes, offers, contests, and other services, may be subject to additional terms and conditions presented alongside them (referred to as “Additional Terms”). You must accept these Additional Terms before using such services. These Additional Terms are to be considered supplementary to these Terms. If any provision within the Additional Terms conflicts with any provision in these Terms, the Additional Terms will prevail to the extent of the inconsistency.

3. SMG CONTENT

SMG Service Management Group, encompassing information, graphics, images, artwork, text, video clips, data compilations, software, audio clips, trademarks, service marks, logos, trade names, and other content accessible via, within, or through SMG Service Management Group (collectively referred to as “SMG Content”), is the property of SMG, its affiliates, partners, licensors, or represented companies, safeguarded by both United States and foreign laws governing copyright, trademark, patent, and other intellectual property rights. Unless stated otherwise in the limited license section below or as required by applicable law, none of the copyrights, trademarks, other intellectual property rights, or any portion of SMG Service Management Group may be utilized, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, wholly or partially, for any purpose without our prior written consent. Unauthorized utilization of SMG Content may infringe upon copyright, trademark, and other legal statutes.

If you consent to these Terms (as well as any additional terms and conditions pertaining to specific SMG Content), SMG grants you a personal, revocable, non-exclusive, non-transferable, and limited license (without the right to sublicense) to access and utilize SMG Service Management Group, download, print, and/or copy SMG Content solely for personal use, subject to these Terms. You acknowledge that the trade secrets and intellectual property embodied within SMG Service Management Group have not been, and will not be, licensed or otherwise disclosed to you. The HTML code produced by SMG to generate the Service pages is protected by SMG’s copyrights. All rights not explicitly granted herein are retained by SMG.

You agree not to:

1. Incorporate any SMG Content into any other work (such as your own website) or use SMG Content in any public or commercial manner.
2. Alter any notice regarding copyright, trademarks, or other intellectual property rights that may be part of the SMG Content.
3. “Deep link” to any of the SMG Service Management Group (i.e., link to any page other than the home page of one of the SMG Service Management Group).

Trademarks, logos, and service marks (collectively known as “Marks”) showcased within or through SMG Service Management Group are the property of SMG or third parties. The use of these Marks without prior written permission from SMG or the relevant third party is strictly prohibited. For information on how to obtain permission from SMG to use SMG Content, please contact [email protected].

4. UTILIZING SMG Service Management Group

4.1. Eligibility: SMG Service Management Group is not intended for use by individuals below the legally permissible age for providing consent for personal data processing in their country of residence. If you are below the age of consent in your country, you may not use SMG’s Services.

4.2. Your Account: Certain features of SMG Service Management Group may require you to establish an account (“Account”). You commit to supplying accurate, current, and complete information about yourself and maintaining its accuracy. You agree not to impersonate any individual or entity, misrepresent your identity or affiliation with any person or entity, including the use of another person’s username, password, or other account information, or another person’s name, likeness, voice, image, or photograph. You further pledge to promptly inform us of any unauthorized use of your username, password, or other account information or any other security breach involving SMG Service Management Group by contacting [email protected].

By creating an Account, you consent to SMG contacting you using the email address provided during Account activation.

You are responsible for safeguarding your Account and must not permit others to use it. Any usage of your Account, including by others to whom you have granted access, is your responsibility.

4.3. Your Responsibilities:

Use of SMG Service Management Group for Lawful Purposes: You undertake to employ SMG Service Management Group exclusively for lawful purposes. You must not use SMG Service Management Group in a manner that could harm, disable, overload, or impair SMG’s servers or networks, or interfere with another party’s use and enjoyment of SMG Service Management Group.

Prohibition on Unlawful or Unauthorized Use of SMG Service Management Group: You further agree not to attempt to gain unauthorized access to SMG Service Management Group, other users’ Accounts, or SMG’s computer systems or networks through hacking, password mining, or any other means. Without limitation, you pledge not to:

• Copy, modify, adapt, translate, reverse engineer, decode, or otherwise attempt to derive or access any part of SMG Service Management Group or SMG Content.
• Remove any copyright, trademark, or other proprietary rights notices found within SMG Service Management Group or SMG Content.
• Circumvent, disable, or otherwise interfere with security or fraud prevention features of our Services or features that prevent or restrict the use or copying of any SMG Content or enforce limitations on the use of our Services or SMG Content.
• Misuse Services by knowingly introducing viruses, Trojans, worms, logic bombs, spyware, malware, or other malicious or technologically harmful material.
• Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any part of SMG Service Management Group.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available SMG Service Management Group, or any features or functionality of SMG Service Management Group, to any third party for any reason, including making SMG Service Management Group accessible on a network where it can be accessed by more than one device at any given time.
• Reformat or frame any part of the web pages that are part of SMG Service Management Group.
• Create more than one Account through automated means or under false or fraudulent pretenses.
• Collect or store personal data about any other user without their prior written consent.

Consequences for Unauthorized Use or Misuse of SMG Service Management Group: Your right to use SMG Service Management Group will immediately cease upon your violation of any of these rules. SMG retains the discretion to terminate your access to SMG Service Management Group without prior notice if you breach any requirements or prohibitions stated in these Terms or any additional Applicable Terms. You also agree to return or destroy any copies of Site Materials if requested by SMG.

Unauthorized use and misuse of SMG Service Management Group are strictly prohibited and may lead to civil claims for damages and/or criminal prosecution, depending on the circumstances. SMG reserves the right to report any breach of these Terms or unauthorized use or misuse of SMG Service Management Group to law enforcement authorities. In case of unauthorized use or misuse of SMG Service Management Group, your access will be terminated immediately, and SMG may do so without notice.

Responsibility for Charges, Fees, and Other Costs Related to Use of SMG Service Management Group (including Text Messaging Fees): You are solely accountable for all charges, fees, and other costs associated with using SMG Service Management Group. If you access and use SMG Service Management Group on your smartphone, tablet, or another mobile device, you must have wireless service via Wi-Fi or a participating mobile service provider. Specific services may necessitate text messaging (SMS or MMS) functionality. You acknowledge that you are entirely responsible for all message and data charges incurred from your mobile service provider. We do not impose a separate charge for any text messaging services we may offer, but message and data rates may apply. All charges are billed by and payable to your mobile service provider. For pricing plans and details, contact your mobile service provider. SMG is not liable for any delays in the delivery of text messages or any failure to deliver text messages because delivery is contingent on effective transmission from your mobile service provider. Text messages may not be available in all areas at all times.

Consequences of Opting-In to Receive Text Messages: Once you opt-in to receive text messages from us, the frequency of text messages sent to you will depend on your interactions with us. By agreeing to receive text messages, you acknowledge and accept that SMG may employ an automatic dialing system to send text messages to you and understand that your consent to receiving text messages is not a prerequisite for purchasing any goods or services.

4.4. Submissions: SMG may occasionally offer opportunities for you and other users to voluntarily post or submit ratings, suggestions, video comments, ideas, notes, concepts, or other information or materials through SMG Service Management Group (collectively referred to as “Submissions”).

You are solely responsible for your Submissions and the repercussions of submitting and posting them. You will bear sole liability for any damage resulting from copyright infringement, infringement of proprietary rights, or any other harm arising from your Submissions. When submitting or posting Submissions, it is advisable to minimize the inclusion of personal data, as the details you provide may link the Submissions to you.

By transmitting, posting, or sending Submissions to SMG (or our designees) or any area within the SMG Service Management Group, you automatically grant, or warrant that you or any other owner of the material you submit has explicitly granted, SMG and our designees a global, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, perform, and import your Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, SMG holds an automatic right to use your Submissions – including reproducing, disclosing, publishing, or broadcasting them – anywhere, anytime, in any medium, and for any purpose without paying any fee or owing any obligation to you. You also permit other users to access, view, store, or reproduce your Submission for their personal use. You hereby grant SMG (or our designees) the right to use any of your Submissions for any purpose worldwide. You are not entitled to any form of payment if SMG (or its designee[s]) utilizes one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.

Submissions you post may become publicly available. You acknowledge that you have no expectation of privacy concerning your Submissions. Moreover, you understand that submitting Submissions is voluntary and at your own risk. It is essential to exercise discretion when posting information, remarks, or other content related to SMG, SMG’s Clients, or any other entity or individual. You may be held legally accountable for any damages sustained by other users, SMG, or third parties due to defamatory or otherwise legally actionable Submissions by you. When posting a Submission, you may opt to link the Submission to your username or a pseudonym, unless applicable laws in your country of residence dictate otherwise.

SMG is not legally responsible for any Submissions made by users, even if such Submissions are defamatory or otherwise actionable. SMG does not endorse opinions, advice, or recommendations posted or submitted to or through SMG Service Management Group. SMG explicitly disclaims any liability related to such Submissions. SMG neither confirms nor verifies the qualifications, background, or abilities of users or the information they post on or through any SMG Service Management Group. Consequently, SMG advises you to exercise common sense and good judgment when preparing your Submissions.

When posting a Submission, you warrant and agree that your Submission:

• Is truthful and accurate.
• Pertains to a designated topic or theme of the SMG Service Management Group.
• Does not infringe, misappropriate, or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary, contractual, or other rights.
• Does not contain information that identifies any individual or includes personal data of any individual without their prior written consent.
• Does not make unsubstantiated claims about any third party or its products or services.
• Does not contain slanderous, defamatory, false, misleading, vulgar, obscene, pornographic, violent, bigoted, sexually explicit, hateful, abusive, threatening, harassing, antisocial, sexually or racially offensive comments, or other content that either harms or can be reasonably expected to harm any individual or entity.
• Is not illegal and does not encourage or advocate illegal activity or discussions of illegal activities with the intent to commit them.
• Is not commercial or business-related and does not advertise or offer to sell any products or services (whether or not for profit) or solicit others (including solicitations for donations and contributions).
• Does not contain a virus or other harmful component or otherwise tamper with, impair, or damage SMG Service Management Group or any connected network or interfere with the use and enjoyment of SMG Service Management Group by any individual or entity.
• Complies with all applicable laws, regulations, rules, policies, and contractual terms regarding your Submission, as well as regarding SMG Service Management Group to or through which you are posting or providing your Submission, including age restrictions.

You acknowledge and agree that SMG has the right, though not the obligation, to alter, remove, or refuse to post or permit to be posted any Submission. SMG assumes no responsibility for any Submission posted by you or any third party. SMG cannot and does not ensure that all users are complying with these provisions, and, between you and SMG, you assume all risk of harm or injury resulting from any such non-compliance.

SMG strongly advises minimizing the disclosure of personal data in your Submissions because other individuals can access and use the personal data in your Submissions. SMG is not responsible for information you choose to communicate via Submissions.

5. THIRD-PARTY SITES & SERVICES

SMG Service Management Group may incorporate links to third-party websites and services, including social media platforms (collectively referred to as “Linked Services”). Linked Services are not under SMG’s control, and SMG bears no responsibility for Linked Services or any information or materials on, or any communication received from, any Linked Service. The inclusion of a link does not imply endorsement by SMG of the Linked Service or any association with the operators of the Linked Service. SMG does not investigate, verify, or monitor Linked Services. SMG provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

6. PRIVACY/SECURITY

Prior to using the Services, carefully review SMG’s Privacy Policy to gain insights into the personal data collected by SMG through SMG Service Management Group, how this data is processed, and with whom it may be shared.

7. VALIDITY OF CONTRACT, DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

SMG affirms that it has validly entered into these Terms and possesses the legal authority to do so. You affirm that you have validly entered into these Terms and possess the legal authority to do so.

EXCEPT AS EXPLICITLY STATED ABOVE, THE SMG Service Management Group ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED.

SMG makes no representations or warranties regarding the accuracy, dependability, completeness, or timeliness of the SMG Content or the outcomes obtained from using SMG Service Management Group and SMG Content. The use of SMG Service Management Group and Content is at your own risk. Changes may be made to SMG Service Management Group and SMG Content periodically, and these changes can be implemented at any time. Some content within SMG Service Management Group may be supplied by third parties, and SMG assumes no responsibility for any such third-party content.

SMG Service Management Group AND SMG CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. To the fullest extent allowed by applicable law, SMG explicitly disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement of proprietary or third-party rights, freedom from defects, uninterrupted use, and all warranties implied from any course of dealing or usage of trade.

SMG does not warrant that:

• SMG Service Management Group will meet your requirements.
• The operation of SMG Service Management Group will be uninterrupted or free from viruses or errors.
• Errors will be rectified.

Should your use of SMG Service Management Group OR SMG CONTENT result in the need for equipment servicing or replacement, or result in loss of profits or data, SMG will not be held accountable for those costs. Any oral or written advice provided by SMG or its authorized representatives will not create a warranty. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF SMG Service Management Group IS AT YOUR OWN RISK. If you are dissatisfied with SMG Service Management Group, including any content within SMG Service Management Group, your sole recourse is to discontinue using SMG Service Management Group.

The complete Terms and Service PDF can be found here.