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Terms & Conditions

Terms & Conditions

SMSMarketing.com is the place where you can get special offers; you can receive 3 msgs per week from organizations of your choice. These messages are sent to you via text message.

Users will opt-in and register for the service by texting a designated keyword to 39970. Opt-In keyword can vary based on organization. Users can opt-out at any time by texting “STOP” to 39970. Users can get help at any time by texting “HELP” to 39970.

The mobile alerts SMS programs is run on code 39970. SMSMarketing.com does not charge you to participate in the program, however message and data rates may apply based on your existing wireless plan for sending and receiving text messages.

For additional questions, please send an email with your mobile phone number to support@smsmarketing360.com.

  • SMSMarketing.com provides short message service alerts. Try it out by texting the opt-in keyword FINVIP to 39970
  • Please note that to process requests for this program, message and data rates may apply to send and receive SMS messages based on the terms of your wireless service agreement with your wireless service provider. If any charges apply, they are billed by and payable to your wireless service provider. Check your wireless service provider if you have questions about your service plan.
  • SMSMarketing.com will not be liable for any delays in the receipt of any SMS messages connected with this program, as delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
  • For additional questions, please send an email with mobile number to support@smsmarketing360.com.

 

1. Terms: This SMS Marketing 360® agreement (the “Agreement”) is entered into between you (the “Client” or “you”) and Madwire Media, LLC (the “Company,” “we” or “us”) and together with Client the “Parties” or each individually a “Party”). These terms will become effective on the date of the Client’s signature (the “Effective Date”), and will remain in effect until terminated as provided below. In agreeing to these terms, you hereby authorize recurring annual billing. The initial term lasts for one year from the Effective Date, and the agreement will automatically renew annually for subsequent one year terms until cancelled as outlined below. The first payment will be taken the day you start and are entered into the system. Subsequent payments will be taken annually on the anniversary of the Effective Date. You acknowledge that you are responsible for payment in full of all associated payments in US dollars in advance. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL AMOUNTS OWED MUST BE PAID IN ADVANCE AND THAT, IN ADDITION TO BEING IN BREACH OF YOUR CONTRACTUAL OBLIGATIONS, YOUR SERVICES MAY BE PAUSED OR TERMINATED IF TIMELY PAYMENT IS NOT RECEIVED. Notice of cancellation for SMS Marketing charges must be received in writing, either electronically or by mail, and verbally communicated to us no less than 30 days prior to the automatic renewal. Upon cancellation, your SMS Marketing services will run through the end of the previously paid billing cycle and will then be disabled. No refunds will be provided after the Effective Date. Please ask your sales representative if you have any questions or concerns.

2. License to Access SMS Marketing 360®. Upon execution of this Agreement, and for so long as your Service Agreement is in effect and your account is in good standing, you will be granted a revocable, non-transferable, non-sublicenseable, non-exclusive limited license to access the SMS Marketing 360® software. Your access shall be password protected and you acknowledge that you shall not share your password or otherwise provide access to third parties. You acknowledge and agree that you do not have, nor will you claim any right, title or interest in SMS Marketing 360®, the platform, software, data, applications, methods of doing business or any other content provided through SMS Marketing 360®.  You may only access SMS Marketing 360® via a web browser or mobile application.  You will not attempt to reverse engineer, alter or modify SMS Marketing 360® in any way. We may terminate the foregoing license if we determine, in our sole discretion, that you have violated the provisions of this license.     

3. Compliance with Laws: Client may not use the Company’s services for any illegal activity including, but not limited to: storage or transmission of information, data or files that violate any United States Federal, State or City law or links to such content. Such information/data includes, but is not limited to: pirated software, copyrighted data, or links to such information/data. Pornography and sex-related merchandising are prohibited on our servers. This includes sites that may infer sexual content, or link to adult content elsewhere. Spamming sites and sites selling or promoting bulk email software, services or addresses are also prohibited. You are solely responsible for complying with all associated laws and regulations in conjunction with your SMS Marketing 360™ account including but not limited to CAN-SPAMM and the TCPA. Further, you are solely responsible for validating and keeping accurate records of your SMS number list, and confirming that all recipients have consented to receive SMS alerts from your business. We may terminate this agreement if it determines, in our sole discretion, that Client has violated this policy.

4. Representations.  You represent that (a) you have the power to enter into this Agreement and be bound to its obligations hereunder; (b) the execution of this Agreement by the Client has been authorized by all necessary corporate actions; and (c) upon execution, this Agreement constitutes a legal, valid and binding obligation of Client, enforceable against Client in accordance with its terms.

5. DISCLAIMER OF WARRANTIES. THE COMPANY PROVIDES ALL SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED AVAILABILITY. IF THE SERVICES ARE INTERRUPTED OR DELAYED, THE COMPANY’S SOLE OBLIGATION WILL BE TO RESTORE OR PROVIDE SUCH SERVICES AS SOON AS PRACTICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY PRODUCT OR SERVICE.

6. LIMITATIONS OF LIABILTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER. 

7. Dispute Resolution:  This agreement and its interpretation, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state of Colorado.  The parties hereby agree that any dispute that may arise between the Parties, including a breach of any provision in this contract, shall be settled by confidential binding arbitration in Loveland, Colorado by a single attorney. Such arbitration shall be conducted pursuant to the Commercial Arbitration Rules (CARs) of the American Arbitration Association (AAA). The Parties further agree that they may only bring or participate in claims against the other in their respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. 

8. Indemnification. Each Party agrees to indemnify, defend and hold harmless the other Party, its subsidiaries, partners, officers, directors and employees from any and all liability, claims, damages and settlements due to any third party claims or causes of action, including reasonable legal fees and expenses arising out of or related to the indemnifying Party’s material breach of any of its representations or warranties in this Agreement. Client further agrees to indemnify, defend and hold harmless the Company, its subsidiaries, partners, officers, directors, and employees from any third party claims (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to Customer’s breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer).  This indemnification includes, but is not limited to, actions arising from CAN-SPAMM and the TCPA. If Customer is a Covered Entity under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Customer waives any Claims it may have against the Company arising out of or in connection with HIPAA requirements and agrees to indemnify and hold harmless the Indemnified Parties against any and all Claims that are related to or arise from failure to comply with HIPAA requirements.

9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. All prior agreements, discussions, representations, warranties and covenants are merged herein. Any amendments or modifications of this agreement shall be in writing and executed by the Parties.

10. Severability. If any provision of this Agreement or the application thereof is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.

11. Survival. The sections labeled Intellectual Property, Confidentiality, Disclaimer of Warranties, Limitations of Liability, Dispute Resolution, and Indemnification are intended to survive the termination, cancellation or expiration of this agreement. Notwithstanding the foregoing, Client remains liable for any amounts due to the Company as of the effective date of termination.

12. Taxes. Unless otherwise stated, the fees do not include any taxes, levies, duties or other similar government assessments of any nature, including but not limited to value-added, sales, use or withholding taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Client is responsible for paying any taxes associated with the purchase of the services hereunder.

13. Headings. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.

Privacy Policy

SMSMarketing.com respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

Opt-Out

You can cancel your receipt of mobile alerts by sending STOP, QUIT, END, CANCEL, UNSUBSCRIBE, STOP ALL to any text message you receive or to the shortcode 39970

 

 

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