Granite America Terms & Conditions

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.Granite America.com ("Granite America.com"), as owned and operated by Granite America on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as "Granite America"). By using Granite America.com you agree to be bound by the terms and conditions of this Agreement and Granite America's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).

1. Accepting the Terms

By using the information, tools, features and functionality located on Granite America.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Granite America.com website) or you are a "Member" (which means that you have registered with Granite America.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Granite America. If you wish to become a Member, communicate with other Members and make use of the Service, you must read and accept this Agreement.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Granite America.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy and your Personal Information

For information about Granite America's data protection practices, please read Granite America's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Granite America treats your personal information when you access Granite America.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Description of the Service

The Service is a business information management service that allows Members to consolidate and track their phone calls on Granite America.com. Based on such information, the Service may also present information relating to third party products or services.

The Service is meant as an aid to assist you in organizing and managing your phone calls.

4. Account Information from Third Party Sites

With the Service, Members may direct Granite America to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Granite America works with one or more online financial service providers under contract to access this Account Information. Granite America makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Granite America is not responsible for the products and services offered by or on third-party sites.

Granite America cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Granite America cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

5. Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Granite America Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Granite America Offer is sponsored.

In connection with Granite America Offers, the Service will provide links to other web sites belonging to Granite America advertisers and other third parties. Granite America does not endorse, warrant or guarantee the products or services available through the Granite America Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Granite America is not an agent or broker or otherwise responsible for the activities or policies of those web sites.

6. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Granite America immediately at the email address - security@Granite America.com.

7. Your Use of the Service

Your right to access and use Granite America.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Granite America.com for lawful purposes.

Accurate records enable Granite America to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of Granite America.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Granite America.com or other actions that Granite America, in its sole discretion, may elect to take.

8. The Service

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers ("DIDs"), messaging applications, voice broadcast applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages and/or voice broadcasts to recipients designated by you (collectively, the "Services"). We provide MT outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services.

Granite America only provides that the Services are processed correctly and delivered by Granite America to the applicable network. Granite America is not responsible for the final delivery of any communication initiated through Granite America's Services, as this is out of our control and is the responsibility of the communications carrier.

Granite America transmits and receives text messages via major telecommunications companies and mobile network operators, and thus Granite America's influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon Granite America. While Granite America shall use commercially reasonable efforts to transmit 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 public switched telephone network and/or Internet. You should know that communications carriers 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 communications carrier without any notice. Granite America is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Granite America for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.

9. Usage Policy

You represent and warrant that the owners of the phone numbers you provide to Granite America, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through Granite America's Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Granite America Services and Granite America.com.

You agree to familiarize yourself with and 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 Granite America Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Granite America Services 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

The Telephone Consumer Protection Act ("TCPA"), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Granite America is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using Granite America.com or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

You shall send campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of Granite America.com or Services.

You accept that the Services are provided for professional use only, and you agree that your use of Granite America.com or Services shall not include:

• Sending unsolicited marketing messages or broadcasts (i.e. spam);
• Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;
• Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
• Harvesting, or otherwise collecting information about others, without their consent;
• Misleading 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;
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
• Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
• Interfering with another's use and enjoyment of the Services or Granite America Sites; or
• Engaging in any other activity that Granite America believes could subject it to criminal liability or civil penalty/judgment.

You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that Granite America is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Granite America will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. Granite America will not be liable for any misuse of the Services by you. Granite America is not responsible for the views and opinions contained in any of your messages or broadcasts.