Betwext Terms and Conditions

Betwext LLC Operates This Website

 

This website is hosted and operated by Betwext LLC (“we”,  “us”,  “our”  and “Betwext”), an independent e-commerce reseller and service provider.  Please read the following terms and conditions carefully. By using Betwext you agree to be bound by its legal notices (explained below) and all disclaimers and terms and conditions that appear elsewhere on the Betwext owned and operated website as it relates to Betwext services and associated product offerings.

Betwext reserves the right to change its legal notices at any time. Each time you use the Betwext website, you should review the legal notices that apply to use of this site. If you are dissatisfied with the site’s Content or the legal notices, you agree that your sole and exclusive remedy is to discontinue using the Betwext website.

Tampering with the site, misrepresenting a user’s identity, using buying agents, or conducting fraudulent activities on the site is prohibited.

 

Disclaimer of Warranties.

 

The site is provided by Betwext on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Betwext makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Betwext shall have no liability for any interruptions in the use of this Website. Betwext disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

By adding your credit card and using our system, you understand and agree that Betwext is a merely a service that enable you to upload your explicitly opted in contacts and helps organize them by lists. You can then choose to send and receive SMS/Text/MMS messages. You understand that the service enables you to select keywords on the number or short code that you’ve selected. Betwext Texting service merely sets up the messages that you send and the service we provide does not deliver your message to its final destination. It is the choice of your mobile carrier to accept or reject messages you send. Therefore, Betwext does not guarantee delivery or timely delivery. By creating and/or scheduling a campaign you agree you have read and understand Betwext’s Terms of Use, Service, Privacy Policy and other legal agreements as listed here. Illegal, obscene or sexually oriented messages are not allowed. Betwext does not provide lists of phone numbers and we don’t access our clients’ contact lists. We are a 100% opt-in service. Additionally visit our Privacy Policy, & Anti-Spam information to learn about our position on your privacy, data, and how we handle SPAM. *Msg&data rates may apply in the US and Canada for Standard message. We only operate in the USA and service in both the USA and Canada. To opt-out of any Betwext texting service, respond with STOP to any text you receive from our clients. All messages on our system are monitored and your IP address is logged.

 

Limitation of Liability

 

Betwext SHALL NOT be liable for any damages whatsoever, and in particular Betwext shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Betwext has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. IN NO EVENT WILL Betwext OR ITS AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION, SHIPMENT, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM: YOUR ACTS, DEFAULTS OR OMISSIONS; YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER PERTINENT INFORMATION;ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON OR ENTITY OTHER THAN Betwext,INCLUDING OUR COMPLIANCE WITH VERBAL OR WRITTEN INSTRUCTIONS FROM THESENDER, RECIPIENT OR PERSONS CLAIMING TO REPRESENT THE SHIPPER OR RECIPIENT; OUR INABILITY TO PROVIDE A COPY OF THE DELIVERY RECORD OR A COPY OFTHE SIGNATURE OBTAINED AT DELIVERY; OUR FAILURE TO PROVIDE A VALID SHIPPINGACCOUNT NUMBER IN GOOD CREDIT STANDING IN THE BILLING INSTRUCTIONS ONSHIPPING DOCUMENTATION; OUR FAILURE TO NOTIFY YOU OF ANY DELAY, LOSSOR DAMAGE IN CONNECTION WITH YOUR SHIPMENT OR ANY INACCURACY IN SUCHNOTICE; OUR RELEASE OF SHIPMENTS WITHOUT OBTAINING A SIGNATURE IF ASIGNATURE RELEASE IS ON FILE. NO ACTION ARISING OUT OF THIS AGREEMENTMAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE AGREEMENT FORM

 

Modifications and Interruption to Service

 

Betwext reserves the right to modify or discontinue the Services or products with or without notice to the Member. Betwext shall not be liable to Member or any third party should Betwext exercise its right to modify or discontinue the Service or product. Member acknowledges and accepts that Betwext does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

Accounts

 

You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

 

Capacity to Contract

 

You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.

 

Typographical errors

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled within 30 days, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

Privacy Policy

 

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users (“Privacy Policy”). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

 

Feedback

 

We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

 

Right to Download

 

You may download Content displayed on the Betwext website for noncommercial personal use, provided you also retain all copyright, trademark, and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media. Modifying, transmitting, distributing, reusing, reposting, “framing” or using the Content of the Betwext website (including text, images, audio and/or video) for public or commercial purposes without written permission from an authorized Betwext representative is strictly prohibited.

 

Proprietary Rights

 

All Content included on or comprising the Betwext website — including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (“Content”) is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws, and Betwext owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part.

Betwext logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Betwext and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.

By using the Betwext website, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Betwext or any third party using the Betwext website are non-confidential. By submitting solicited or unsolicited information using the Betwext website, you grant Betwext an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

 

Applicable Law

 

The Betwext website is created, operated, and controlled by Betwext in the state of Arizona, United States of America. Arizona state laws will govern legal notices without giving effect to any principles of conflicts of law.

 

Links to Third-Party Websites

 

The Betwext website contains links to other sites, including but not limited to third-party sites that display the Betwext trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose.

Betwext does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Betwext website does not constitute sponsorship, endorsement, approval, or responsibility. Betwext makes no representation or warranty as to any products or services offered on any third-party site.

Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Betwext website. Please review the conditions of use for all third-party sites and for more information about the terms and conditions that apply to them. *Five star rating was designated from http://www.smsmarketingreviews.com/  sms marketing reviews is a Betwext owned and operated site.

 

Security

 

The Betwext website may only be used for lawful purposes. Activities including—but not limited to—tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate Betwext website security, including, without limitation, (a) accessing data not intended for such user; (b) using the website for unintended purposes or trying to change the site’s behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the website (i.e., impersonating the Betwext website) or to the website (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized eMail on behalf of Betwext, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability.

You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the Betwext website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Betwext website other than the search engine and search agents provided by Betwext or generally publicly available browsers.

Certain software or other materials that you may download from the Betwext website may be further subject to United States Export Controls. No software from the Betwext website may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or 2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software downloaded from the Betwext website, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.

 

Notification of Copyright Infringement Under the Digital Millennium Copyright Act

 

If you believe that your copyrighted material may have been infringed, please provide Betwext’ Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 Betwext with all rights reserved, or is the property of Betwext and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Betwext is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Betwext.

Betwext are proprietary marks of Betwext. Betwext’ trademarks may not be used in connection with any product or service that is not provided by Betwext, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Betwext.

All other trademarks displayed on Betwext website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Betwext.

 

Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Betwext/Betwext designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

By Email: info@betwext.com

By Phone: : (888) 885-4384

 

Description of Service

 

Betwext (“Betwext Service website”) is providing Member with services that consist of a communication application, web based browser interface, SMS platform, SMS gateway, data encryption, transmission, storage and access of data. Member must provide (1) all equipment necessary for their own Internet connection and SMS service, including computer, network connection, and cellular device and (2) provide for Member’s access to the Internet and a valid cellular carrier, and (3) pay any fees related with such connections.

Betwext, Betwext Partners, Affiliates and Members SMS Terms of Service

  1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
  1. You can cancel the SMS service at any time. Just text “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

  1. If at any time you forget what keywords are supported, just text “HELP” . After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
  1. We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  1. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to help@betwext.com

  1. If you have any questions regarding privacy, please read our privacy policy http://www.betwext.com/privacy/

Indemnification

 

Member agrees to indemnify and hold Betwext, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Betwext makes no guarantees as to the availability of this service or any specific feature of this service at any time. Betwext reserves the right to change or terminate the service and/or alter the terms and conditions of this Agreement and any other agreement at any time.

Betwext does not guarantee delivery of any SMS on behalf of any cellular telephone providers.

Betwext makes no guarantees to coverage. Betwext provides coverage to many carriers, but cellular providers may opt to not be part of the Betwext network, potentially resulting in undelivered messages.

 

Messages and Storage

 

Betwext assumes no responsibility and/or liability for failure to store information regarding any user information, including message logs, contacts, and profile information. Betwext reserves the right to, at its sole discretion, with prior notification change the amount of text messages available to each group.

Betwext always strives for timely delivery of messages, but messages may be delivered in a delayed fashion due to overloaded network traffic or queuing problems, potentially resulting in late messages.

Please read this Agreement carefully. It governs your use of the Betwext Website located at www.betwext.com and the Service provided through the Website. This Agreement limits or exempts Betwext, its service providers (“Providers”) and other persons from liability and contains other important provisions that you should read.

IF YOU ARE A PERSON UNDER THE AGE OF 18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

BY ACCESSING AND BROWSING THE www.betwext.com WEBSITE OR ANY MOBILE VERSION THEREOF (TOGETHER, THE “WEBSITE”),
OR BY USING THE SERVICE, AND WHETHER OR NOT YOU (the “User” or “Member”) REGISTER AS A MEMBER, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE (THE “AGREEMENT”).

IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEBSITE, AND/OR IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

Each time you use the Website you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. Each time you use the Website, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Website you should check the date of the Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and use of the Service and may be modified by Betwext from time to time. Any modifications shall be effective once posted by Betwext on the Website. You may also receive a copy of this Agreement by emailing us at: info@betwext.com, Subject: “Terms of Use Agreement”.

In addition, when using particular functionalities and features that are part of the Service, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features (“Additional Terms”), which may be posted from time to time. All such Additional Terms as well as Betwext Privacy Policy (www.betwext.com/privacy) are hereby incorporated by reference into this Agreement.

If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the Additional Terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.

Please Note: Betwext neither provides lists of phone numbers nor do we access our clients’ contact lists. Please read our Terms of Use to learn about our position on SPAM and the privacy of your data.

*Msg&data rates may apply in the US. Standard message and data rates apply in Canada.
To opt-out of any texting services, simply reply STOP to any message you receive from our clients

This agreement contains the following provisions:

  • Eligibility and Your Acceptance of this Agreement
  • Changes to this Agreement
  • Account Requirements
  • Usernames, Passwords and Member Profiles
  • Termination of this Agreement and the Web Site
  • No Advice or Solicitation
  • Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  • User Conduct, Linking and Framing
  • User Content Posted on the Website
  • Ownership and Proprietary Rights in the Service
  • Posting of Copyrighted Materials and Trademarks
  • Personal Information Privacy
  • Other Sites
  • Member Disputes
  • Third Party Content
  • Governing Law and Dispute Resolution
  • Electronic and Text Communications
  • Other Matters
  • The User warrants that it will comply with the following code of conduct regulated by the Mobile
    Marketing Association of the United States

End User License Agreement for White Pages Pro
The information below applies to users who agree to the terms of service by using White Pages Pro

 

Welcome to Whitepages PRO for Caller Identification! Subject to the following terms and conditions, Whitepages, Inc. (?Whitepages,? ?we,? or ?us?) provides the Whitepages PRO Caller Identification application to allow you to view and access data compiled from databases of residential, business, and government listings (the ?Data?) via a proprietary application programming interface (the ?API? or ?Whitepages PRO? or the ?Service?). This EULA and these terms specifically cover only the Whitepages PRO product: Caller Identification. 1. General Rules 1.1 Whether engaging in a trial or signing up for a monthly or fixed-term plan, these terms and conditions govern your use of Whitepages PRO. Please read them carefully. By using Whitepages PRO and/or the Data, you will be agreeing to abide by all of the terms and conditions of these Terms of Service and Privacy Policy (this ?Agreement?) between you and us. 1.2 We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Service and by continuing to use Whitepages PRO, you agree to any changes. 1.3 We may change, suspend or discontinue any aspect of Whitepages PRO at any time, including the availability of any feature, database, or content. If you have agreed to a fixed-term agreement, and such change would have a material adverse effect on your Whitepages PRO account, we will provide you at least 30 days? notice of the change. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 2. Grant of Limited License. Whitepages PRO is proprietary to Whitepages and its affiliates or licensors and is protected by U.S. and international copyright laws. You have no rights to the Service or the Data, or any enhancements or modifications thereto, except as expressly granted hereunder. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein and your payment of related fees and taxes, we grant to you a limited, revocable, non-exclusive, non-assignable and non-transferable license, subject to the restrictions listed below, to (i) implement the API into an application in order to query the Data, and (ii) display the Data to your employees and agents. If you are selling or otherwise distributing the Data to your customers (the ?End Users?), and have complied with the requirements regarding End Users set forth below, the limited license grant shall also include providing the Data to such End Users. All licenses granted herein are without the right to sublicense. WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement. 3. Plan Types, Queries, and Fees. 3.1 You agree to pay us in accordance with the Whitepages PRO plan in which you enroll. For example, you may enroll in a plan directly through our web site or through a third party marketplace partner that allows for an unlimited number of queries each month (such plans, the ?the Query Plan? or the ?Fixed-Term Plans?). 3.2 Queries. When you submit a request for information to the Service, a ?Query? has occurred when the Service returns a result, regardless of the relevance of that result to you, unless the result is a considered ?null result.? A ?null result? occurs when the response from the Service contains no data elements and/or asks you to clarify input elements of the original search. Any time your query returns one or more results you will be charged for the Query. If your request for information returns a ?null result? you will not be charged for such query.

3.3 Query Plans. All Query Plan subscriptions will automatically renew each billing period and your credit card will be charged in advance of each billing period unless canceled. If your Query Plan subscription is canceled, refunds and termination of access will follow the Terms of Sale policy in Section 4, below. 3.4 Plans Through Third Party Marketplace. If you sign up for a Query Plan through a third party marketplace, you will be charged according to the terms with the third party.. To the extent the terms regarding fees, payment, contract renewal, and contract term of the Fixed-Term Agreement conflict with the terms of this Agreement, the third party marketplace agreement shall control. 3.5 You shall pay all fees and charges incurred through your account with the third party marketplace vendor at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. Prices are in U.S. dollars and are subject to change. Other restrictions and taxes may apply. 4. Terms of Sale 4.1 Processing and Payment. Whitepages, or its third party partner from whose portal you are accessing the Service with, will process your purchase as promptly as possible. There may be a delay in the activation of the Service while payment details are verified. We reserve the right to reject any order or purchase at any time. Unless specified otherwise in the Cancellation Policy, below, all charges are nonrefundable. To view or change your payment method, your account with through the third party partner. To enable payment for the Service, we, or our third party partners, collect and store name, address, telephone number, email address, and credit card information. This information will be shared with third parties, including those who help to complete the purchase transaction by processing credit card payments. The information you provide to us in connection with billing and payment will be handled in accordance with our Privacy Policy. 4.2 Pricing. When you purchase access or a subscription to Whitepages PRO, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. All prices are in United States Dollars. Whitepages reserves the right to change prices at any time. We will notify you in advance if the regular rate of your Whitepages PRO plan changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward. If a stated price is determined by us, in our sole discretion, to be in error, we are not under any obligation to offer you access to Whitepages PRO at that price. We will notify you or the third party marketplace vendor of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made. If you believe someone else has used your account or you are being charged for a product you do not have, please contact your third party marketplace representative. 4.3 Billing. You will be billed via our third party marketplace vendor in accordance with the terms you agreed to with that vendor. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly 5. Cancellation Policy. 5.1 Cancellation of Query Plans. You may change or cancel your Query Plan subscription at any time per the terms of your third party marketplace vendor account. When you cancel a Query Plan subscription, you cancel only future charges associated with your plan or subscription. 5.2 Changes to the Service or Access. We reserve the right to make changes to Whitepages PRO at any time. If we temporarily reduce or eliminate the charge for access to the Service that you are currently paying for under different terms, you will not receive a refund. 5.3 Cancellations by Us. We reserve the right to suspend or terminate your access to the Service for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If Whitepages PRO is temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. 6. Restrictions on Use of the Service and Data. 6.1 General Use Restrictions. The limited license to the Service and Data provided by Whitepages hereunder is subject to the following restrictions: 1. You may not retain, store or cache any Data for any reason, if you are not the ultimate end user of the Data. 2. You shall not display Data so that they appear to be derived from a third-party web site. 3. You shall not falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service. 4. You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service. 5. You shall not violate or attempt to violate the security of Whitepages PRO. 6. You shall not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (a) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (b) spy on the activities of others. 7. You shall not provide Data other than in response to an individual query (i.e., you may not provide Data to others in bulk format). 8. You shall not use Data other than on an ?as is? basis and pursuant to the terms of this Agreement. 9. You shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same. 10. You shall not transfer the Data without verification, confirmation, audit, enhancement, update, merger or other modification to Comcast, TImeWarner, Cox Communications, Charter, MetroPCS, Brighthouse, Cablevision or Verizon, including any commonly owned companies or alias of such companies, for caller name services (meaning providing a calling party name for display on a consumer device during a communication session initiated by the calling party).

 

6.2 Data Use Restrictions. The end user of the data (whether it is you or an End User) may not: 1. Use the Data for marketing purposes, except to respond to an inquiry, application, purchase or transaction; 2. publish, offer, sell, license, transmit, distribute, or reproduce the Data via any means (except distribution and sale by you pursuant to Section 4.3); 3. use the Data in violation of any applicable law, rule, or regulation (e.g., the Telephone Consumer Protection Act, the Fair Credit Reporting Act) or in violation of any third party right; 4. store the Data for purposes other than your own internal business purposes (storage of the data for resale is expressly prohibited); 5. cache the Data to avoid additional queries; or 6. merge the Data with databases or compilations for purposes other than your own internal business purposes. Additionally, you acknowledge that the Service is not provided by a ?consumer reporting agency? as that term is defined in the Fair Credit Reporting Act (?FCRA? and the Data does not constitute ?consumer reports? as defined in the FCRA. Accordingly, the Data may not be used as a factor in determining eligibility for credit, insurance, employment or another purpose in which a consumer report may be used under the FCRA. 6.3 Resellers and Value Added Resellers. If you, as the party who accesses the Service, are reselling or otherwise transferring any part of the Data to End Users (whether or not you modify the Data prior to distribution), you may only use the Data in connection with the provision of your services to End Users and may not store or otherwise use the Data for any other purpose. In addition, End Users may only use the Data for their own internal use, and they must comply with the data restrictions listed in Section 6.2 of this Agreement. You shall communicate to your End Users the data restrictions in Section 6.2 and obtain their agreement via a click-wrap, browse-wrap or written agreement. Such agreements shall include language to the effect that: (i) End Users represent and warrant that they will comply with the End User Terms; (ii) the Data is provided to End Users on an ?as is? basis without warranties of any kind; (iii) Whitepages will not be liable to End Users in any manner in connection with their use of the Data; and End Users shall indemnify, defend, and hold harmless Whitepages from and against all claims, actions, and judgments arising out of their use of the Data. Whitepages shall be a third party beneficiary of such agreements and shall have the right to enforce such agreements. Customer shall not make any representations or warranties to End Users about the Service. In the event that Customer becomes aware of any misuse of the Data by an End User, it shall promptly notify Whitepages and take commercially reasonable actions to remedy such misuse. 7. Representations and Warranties. 7.1 You represent and warrant that (a) your performance under this Agreement and use of Whitepages PRO (i) shall comply with all applicable laws, rules and regulations (including, without limitation, provisions of the Telephone Consumer Protection Act and Telemarketing Sales Rule pertaining to the National Do Not Call Registry, as applicable) and (ii) shall not violate any third party rights; (b) you are authorized to enter into this Agreement; (c) entry into this Agreement shall not violate any outstanding obligation you have to any third party; (d) you shall use WhitePages PRO strictly in accordance with the limitations set forth in this Agreement. 8. Termination. Whitepages may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service. If your account is terminated for breach hereunder, you will not receive any refund for payments already made by you as of the date of termination and you will bear all costs of such termination, including any remaining monthly minimum amounts due and the reasonable costs Whitepages incurs in closing your account. In addition, you will pay any and all costs and expenses incurred by Whitepages in enforcing your compliance with this Agreement, including Whitepages attorneys? fees. Upon termination for any reason, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Whitepages may delete all or part of the information related to you that has been uploaded or otherwise delivered to Whitepages in connection with your use of Whitepages PRO. 9. Accounts and Security. 9.1 Account Creation. In order to access Whitepages PRO, you will be accessing the Service through a third party marketplace and that marketplace user account (the ?Account?). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked ?required? (such credentials, the ?Registration Data?). You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Whitepages or its third party marketplace provider may contact you and require you to confirm some or all of your Registration Data before using or continuing to use Whitepages PRO. We reserve the right to terminate the limited licenses granted hereunder and to refuse to provide you with any and all current or future use of Whitepages PRO if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete. 9.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify the third party marketplace vendor of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing Betwext

 

We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. 9.3 You must be 13 years of age or older to create an Account, access the Service, or use the Data. 10. Information. 10.1 Security and Privacy. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect your information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Any information you provide to us, including Registration Data, is governed by our Privacy Policy. Please read it carefully to understand our information collection and use practices before using Whitepages PRO. Also, please note that we may share information when we have a good faith belief that doing so is necessary to comply with applicable law, to respond to a legal process, such as a subpoena, or to help prevent the loss of life or serious injury of anyone.

10.2 Feedback. Any comments or materials sent to us, including, but not limited to, queries, ideas, questions, suggestions, feedback or the like (collectively, ?Feedback?) is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, and distribute the Feedback to others without limitation or obligation. 11. Disclaimer, Limitation of Liability, Indemnification. 11.1 Disclaimers. Whitepages does not represent or endorse the accuracy or reliability of any Data or other information displayed, uploaded, or distributed through the Service. The Web Portal, API and Data are distributed on an as is and as available basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHITEPAGES AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WHITEPAGES IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE PROVIDERS) REPRESENT OR WARRANT (I) THAT WHITEPAGES PRO WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT WHITEPAGES PRO WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT WHITEPAGES PRO WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR MATERIALS AVAILABLE ON OR THROUGH WHITEPAGES PRO; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT WHITEPAGES PRO OR THE DATA IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED ON WHITEPAGES PRO, BY THE COMPANY, OR BY THE COMPANY?S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND DATA IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICE OR THE DATA. Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you. 11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DATA AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE DATA OR SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. 11.3 Indemnification Obligations. You agree to hold harmless, defend, and indemnify Whitepages and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys? fees), that are due to, arise from or otherwise relate to your use or misuse of the Service or the Data including, without limitation, any actual or threatened suit, demand or claim made against Whitepages or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party; (ii) your breach of this Agreement; or (iii) your use of the Service or Data. Whitepages may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Whitepages in such event. 12. Miscellaneous. 12.1 Third Party Links. Whitepages may, as a convenience to its users, make links to third-party web sites or resources available on or through this web site or Whitepages PRO. Whitepages is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party web sites and resources which may be accessed through us. In addition, Whitepages does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such websites or resources. 12.2 Copyright Notice. Contents ? 2016, WhitePages, Inc. All Rights Reserved. All content included on this web site and in the Service, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Whitepages or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Whitepages and protected by U.S. and international copyright laws. The Whitepages PRO service is also a copyrighted work(s) of Whitepages. Any rights not expressly granted herein are reserved by Whitepages. 12.3 Trademarks. WHITEPAGES, WHITEPAGES.CA, WHITEPAGES PRO and other Whitepages graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Whitepages or its affiliates in the U.S. and/or other countries. Whitepages?s trademarks and trade dress may not be used in connection with any product or service that is not Whitepages?s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whitepages. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. 12.4 Notification of Claimed Infringement. Whitepages strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Service infringes upon any copyright you own or control, or that any link made available on or through the Service directs users to another web site that contains material that you own or control, please send us a notice of infringement (an ?Infringement Notice?). An Infringement Notice must be in writing (sent by fax or regular mail ? not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys? fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process an Infringement Notice, please provide the following information: *An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; *A description of the copyrighted work that you believe is being infringed; *A description of the location of the material that you believe is infringing the copyrighted work; *Your contact information (please include your address, telephone number, and email address); *A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and *A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf. Sign the Infringement Notice and send the written communication to: Focal PLLC Attn: Venkat Balasubramani 800 Fifth Avenue, Suite 4100 Seattle, WA 98104 Fax: (206) 260-3966 12.5 Notices. Whitepages may provide you notice of changes or any other matter by displaying notices to you generally through Whitepages PRO or, at its option, by using any contact information you have provided to us. You agree that notice by the foregoing means shall be deemed complete when posted or transmitted by Whitepages. All legal notices to Whitepages (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: Whitepages, Attn: Legal Department, 1301 Fifth Ave, Suite 1600, Seattle, WA 98101 12.6 Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of Whitepages PRO must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred. 12.7 Waiver, Severability and Assignment. Whitepages’s failure to enforce a provision is not a waiver of its right to do so later. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Whitepages may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with, the Service. 12.8 Governing Law, Venue. This Agreement and your use of Whitepages PRO shall be governed by and construed in accordance with, the laws of the state of Washington as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in King County, Washington, USA for any action arising out of or relating to this Agreement, Whitepages PRO or any Whitepages service. You shall not commence or prosecute any suit or action except in the foregoing courts. 12.9 Audit. Whitepages reserves the right, on at least five business days? notice to you, to enter your premises during regular business hours to audit your compliance with the terms of this Agreement and you agree to cooperate with Whitepages in such regard. Whitepages will take reasonable measures to ensure that an audit does not unreasonably disrupt your business operations. Each party will bear its own costs with respect to any audit conducted hereunder. 12.10 Relation to Other Agreements. Whitepages may operate, individually or jointly with third parties, other web sites, products, or services that incorporate Whitepages PRO. Also, Whitepages may provide Whitepages PRO through web sites operated and owned by third parties. These other web sites, products, or services may be subject to a different user agreement (the terms and conditions of such other user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review the applicable policies and agreements when you visit any web site or use any product or service. In the event that you enter into a written, hand-signed contract for the Whitepages PRO service apart from these terms of Service, the terms of that contract shall supersede this Agreement, from and after the effective date of that contract, to the extent the two are inconsistent. 12.11 Publicity. By using the Service, you grant to Whitepages a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use your name, logos, service marks, trademarks and/or trade names in our promotional and marketing materials for the sole purpose of identifying you as a customer of Whitepages. 12.12 California Consumer Disclosure. Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Services are provided by Whitepages, Inc., 1301 Fifth Avenue, Suite 1600, Seattle, WA 98101.

Privacy Policy

http://www.whitepages.com/data-policy

ELIGIBILITY AND YOUR ACCEPTANCE OF THIS AGREEMENT.

THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE at least 18 years old. By clicking

the “ACCEPT” button you are representing that you are at least 18.

IF YOU ARE A PERSON UNDER THE AGE OF 18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

The Website and services may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. The Website or the services may be used only by persons who can form legally binding contracts under applicable law. It is solely your responsibility to determine whether your use of The Website or the services is lawful, and you must comply with all applicable laws.

This is an Agreement between you and Betwext which governs your use of The Website and its content, as well as the Services provided through The Website or the services. Each time you visit, browse, make a purchase, access, use the Service or otherwise use this Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you are merely surfing or browsing through The Website or the services and have not yet registered to become a Member, your use of The Website or the services is still subject to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority
to agree to and accept this Agreement, you may not use The Website or the services or the Service.

In order to use the software.  The following information is required per a check box prior to sending campaigns.

“I agree that by continuing to send and keeping the above box checked, my subscribers have explicitly opt-ed in to receive text message marketing from me and/or my company. I have also disclosed to my clients that they may receive communication from singular (Betwext Broadcast plans) or my multiple (pooled or rotated) Betwext Pro plan numbers on each send. I further agree to include my sender or business information along with STOP to end opt-out information on each campaign. I agree to Betwext’s Terms of Service and I understand that marketing messages with similar content that are sent to high volumes (500 or more) of subscribers can lead to being filtered as SPAM by the carriers. Betwext does not have control over the destination carrier level decision to filter messages. If you are a large volume sender (more than 500 messages at a time) you should consider contacting us for information around the leasing of your own short code (5 or 6 digit number) or utilizing Betwext Pro plans with rotating long code numbers. Betwext does not offer refunds based on the destination carrier’s choice to filter messages as SPAM. The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using Betwext services. Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the Betwext platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the Betwext Services. You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the Betwext Services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the Betwext Services by visiting the following websites or areas: Do Not Call Registry Info, http://www.donotcall.gov, Federal Trade Commission, http://www.ftc.gov, Federal Communications Commission, http://www.fcc.gov,Individual State Do Not Call Lists. The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. Betwext owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. Please contact help@betwext.com for more information. I confirm that all of my subscribers have explicitly opted in to receiving text messages and that I am complying with all Do Not Call laws.”

 

CHANGES TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any
time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this
page the date this Agreement was last revised. Your continued use of the Service or The Website or the services after any such changes constitutes
your acceptance of the new Agreement. If you do not agree to abide by this Agreement or any future Agreement do not use or access (or continue
to use or access) the Service or The Website or the services. It is your responsibility to regularly check The Website or the services to
determine if there have been changes to this Agreement and to review such changes. Accordingly, when you use The Website or the services
you should check the date of this Agreement and review any changes since the last time you visited.

 

WARRANTY DISCLAIMER. Betwext MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW BY STATUTE, OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU SPECIFICALLY DISCLAIM AND WAIVE ANY CLAIM THAT USER MAY OR MAY NOT HAVE IN THE FUTURE
AGAINST Betwext FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGING ACTIVITY. Betwext DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF THE DIGITAL CONTENT DELIVERED TO USER OF THE SERVICE.

 

Order acceptance

 

Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify Betwext promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.

Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.

FEES AND PAYMENTS

Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.

Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be be charged or invoiced at the time of use. Betwext will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.

Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Betwext account. All payment obligations are non­cancelable and all amounts paid are non­refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies Betwext in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then Betwext may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then Betwext may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then Betwext: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).

Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides Betwext with a valid tax exemption certificate authorized by the appropriate taxing authority.

 

Shipping Policy

At this time, shipping is not applicable.

 

Execution

No contract is formed between you and Betwext until Betwext exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company. If your final invoice is less than your original transaction with Betwext, Betwext may credit you back the appropriate amount to your original credit card. If your final invoice is more than your original transaction due to your request for additional products you agree under these Terms and Conditions to allow Betwext to charge the appropriate additional amount to your registered and secured credit card. Betwext will also supply you with an invoice reflecting the appropriate changes.

Not all products and services mentioned will be available in your country or available at the price listed. Canadian and other international products or texting services are not possible at this time.

Downtime and Service Suspensions;

Security

In addition to our rights to terminate or suspend Services to You as described in the Terminate and Usage Section, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 6, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 9 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content including all audio recordings associated with Your account. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.

 

FEES AND BILLING POLICY Product Availability

 

Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

 

Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Betwext, in our sole discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation
to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our Privacy Policy Statement.

While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Website.

In its sole discretion, Betwext shall determine whether You are eligible for a free trial subscription to its Services, which terms of the free trial are set forth here >>>

Free trials are limited to one per person, and if we find that You have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. If  You have subscribed to the full version of our Services, then You agree

to pay applicable fees (including any minimum subscription fees) as set forth here >>>.

We may increase or add new fees for any existing Service or Service feature by giving You 30 days’ advance notice. All fees payable by You are exclusive of applicable taxes and duties. Should You have any dispute as to fees associated with your account, please contact us at info@betwext.com within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to Your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.

 

Termination and Usage

 

You agree to comply with and be bound by the policies in connection with termination and returns of products purchased through this Site. This Agreement will remain in full force and effect while you use the Service and/or are a Member and anytime you on are visiting or surfing our Website. You may terminate your membership at any time, for any reason by following the instructions on the “FAQ” pages, or upon receipt by Betwext of your written or email notice of termination at info@betwext.com

If you breach any provision of this Agreement, you may no longer use The Website or the services.

Betwext may, at any time and for any reason, in its sole discretion, with or without cause, change, suspend or terminate, temporarily or permanently, The Website or the services or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

Betwext may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your ability to use The Website or the services and your login name and password, all without any notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

If this Agreement or your permission to use The Website or the services is terminated by you or us for any reason, you will not be entitled to a refund of any unused subscription fees, if any, and this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of The Website or the services and your engagement of the Service through The Website or the services and anything connected with, relating to or arising from those matters.

If your personal account is inactive for over 90 days, Betwext has sole discretion to permanently remove your account, including contact lists, message logs, and any other information stored by Betwext. Betwext will attempt to contact you via the email address you provided prior to taking any permanent actions in regards to removal. Please note that any remaining credit after 90 days of inactivity may be removed from your account without refund.

The User is free to terminate or cancel his/her Agreement at any time and for any reason. Any questions concerning this should be addressed to info@betwext.com.

In the event that Betwext receives complaints with respect to the use of the Service, Betwext additionally reserves the right, in its sole discretion, to disclose any and all information applicable authorities or any other party with regard to its clients and application Users.

Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with The Website or the services in any way, your sole and exclusive remedy is to discontinue using The Website or the services.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

 

Disclaimer and Limitation of Liability Disclaimers

 

Betwext is a service allowing users to communicate with other service users. Betwext does not control, monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users or channels.

 

EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,
OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT
NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

 

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR
ANY OTHER EVENT BEYOND OUR CONTROL.

 

Betwext PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. Betwext EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

 

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

MEMBER DISPUTES.

 

Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Betwext will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Betwext is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

Advertising and Usage

 

You understand that, except for advertising programs offered by us on The Website or the services, that the Service and The Website or the services are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or The Website or the services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts
to collect information from the Service or The Website or the services or for any other purpose. You further agree that you may not use the
Service or The Website or the services in any unlawful manner or in any other manner that could damage, disable, overburden or impair The Website or the services.

 

In addition, you agree not to use the Service or The Website or the services to:

 

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on The Website or the services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national or international law;
  • use or attempt to use another’s account, service or system without authorization from Betwext, or create a false identity on the Service or The Website or the services; or
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Betwext, is objectionable or which restricts or inhibits any other person from using or enjoying The Website or the services, or which may expose Betwext or its Users to any harm or liability of any type.

 

You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although Betwext cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Betwext reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which Betwext deems appropriate in its sole discretion.

If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Betwext.

 

Prohibited activity includes, but is not limited to:

 

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • covering or obscuring any Betwext page via HTML/CSS or any other means;
  • interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to Betwext;
  • attempting to impersonate another Member or person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile;
  • using any information obtained from the Service in order to harass, abuse, or harm another person;
  • using the Service in a manner inconsistent with any and all applicable laws and regulations.

Opt-in requirements for US short codes?

Users can opt-in to a short code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.

Handset Opt-In: Sending a text message from a mobile phone to a short code

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

End user: {Keyword}
Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

  • The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
    • The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

Non-Handset Opt-in: Asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

(User signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)
Short code: Text YES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

These guidelines are based on carrier conditions of short code service and other industry standards. You or your company is required to comply with these guidelines in the use of any Betwext-provided short code or long code number. Please note, each carrier reserves the right to suspend short code or long code service for any user at any time.

Requirements for short code HELP and STOP?

Wireless carriers require certain information to be included in HELP and STOP message content for all US short codes. Betwext recommends including that information in the following format for your HELP and STOP messages to be considered compliant if your short code is tested by a carrier. We also recommend the following method for maintaining an opt-out list.

HELP Message

A compliant response is required whenever users text HELP to your short code, regardless of whether the user is subscribed to the program. Example:

End user: HELP or INFO
Short code: {Campaign Name} {Description} Alerts: Help at {source of help #1} or {toll free number}. Msg&data rates may apply. {Message frequency}. Text STOP to cancel.

  • The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
    • The first “source of help” should be a support email address or a link to your terms of service.
    • The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

Managing Opt-Out Requests

Unlike on long codes, Betwext does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end users to re-opt in. When a short code app is created, a database for managing opt-in and opt-out will need to be created for it as well.

STOP Message

Along with maintaining an opt-out list, a compliant response is required whenever users text STOP or the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to your short code, regardless of whether the user was subscribed to the program previously. Example:

End user: STOP, END, QUIT, CANCEL or UNSUBSCRIBE
Short code: You are unsubscribed from {Campaign Name} {Description} Alerts. No more messages will be sent. Reply HELP for help or {toll free number}.

STOP Filtering

End users may be subscribed to multiple campaigns running off of one short code and may want to unsubscribe from a particular campaign. This is achieved using STOP Filtering. To find out more about how to implement STOP Filtering, please see this FAQ.

For information on long code help and stop replies, please see this article.

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

Opt-in requirements for Canada short codes and recommendations for long codes.

Canadian wireless carriers require that all short code advertisements and opt-in message flows meet certain criteria. Betwext recommends that your short code advertisements and opt-in message flows follow the examples provided below in order to meet carriers’ compliance standards.

Please note: the character limit for Canada short code SMS is 136 characters. Messages with more than 136 characters will not be delivered.

Short Code Advertisement (also known as “Call to Action” or CTA) Guidelines

The wording of your short code advertisement (also known as a Call to Action, or CTA) will vary depending on the sign up method, since it tells users how to opt into a short code campaign. An SMS Keyword Call to Action, for example, should look like this:

Text {Keyword} to ##### to sign up for alerts.

For all sign up methods, the following language must appear wherever the short code is advertised (on the web, in print, etc):

Standard message and data rates may apply. {Message frequency}. Text HELP to ##### for help. Text STOP to ##### to cancel. For terms: {URL to SMS terms of service}. For privacy: {URL to privacy policy}

Your website must also display a mailing address for your business.

Keep the following points in mind when writing your Call to Action:

  • Message frequency must be specific, for example: “1 message/day” or “4 messages/month.” If the message frequency will vary, it must be user-prompted (for example, “1 message/user request”). Note: the abbreviation “msgs” is not accepted; please use “msg” instead.
    • The words “HELP” and “STOP” must appear in bold.

Opt-In Guidelines

Users can opt into a short code several ways: by sending a text message or opting in from a mobile app (Handset Opt-In); or by signing up on a web site, filling out a paper form, making a verbal agreement, or otherwise opting in without using a handset (Non-Handset Opt-in). In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers. Be sure to follow these opt-in compliance guidelines carefully:

Handset Opt-In

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

End user: {Keyword}
Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.

Non-Handset Opt-In

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

(End user signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)
Short code: Text YES to join {Campaign Name} {Description} Alerts. Std msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

You can review other short code compliance guidelines here.

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. You and/or your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

HELP and STOP requirements for Canada short codes.

Canadian wireless carriers require that all HELP and STOP message content meet certain criteria. Betwext recommends that your short code HELP and STOP messages follow the examples provided below in order to meet carriers’ compliance standards.

HELP Message Guidelines

A compliant response is required whenever users text the words HELP, INFO, or AIDE to your short code, regardless of whether the user is subscribed to the program. Example:

End user: HELP, INFO, or AIDE
Short Code: {Campaign Name} Alerts: Help at {source of help 1} or {source of help 2}. Std msg&data rates may apply. {Message frequency}. Reply STOP to cancel.

STOP Message Guidelines

A compliant response is required whenever users text either STOP or ARRET to your short code, regardless of whether the user was subscribed to the program previously. Example:

End user: STOP or ARRET [or END, QUIT, CANCEL, UNSUBSCRIBE, UNSUB]
Short code: You are unsubscribed from {Campaign Name} Alerts, no more msg will be sent. Reply HELP for help or {source of help 1}. Std msg&data rates may apply.

Whenever an end user texts a non-supported keyword, your short code is required to respond as follows:

End user: (Invalid Keyword)
Short code: { Campaign Name } Alerts: Invalid keyword, please try again. Std msg&data rates may apply.

Managing Opt-Out Requests

Unlike on long codes, Betwext does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end-users to re-opt in.

STOP Filtering

When a short code is created, a database for managing opt-in and opt-out will need to be created for it. The short code program should ask the user to text STOP to opt-out of all further messages from the short code. If the end-user doesn’t want to opt-out of all messages, he or she can differentiate which campaign to unsubscribe from by adding an additional keyword of STOPALL. Examples below:

End user: STOP
Short code: To unsubscribe from {Campaign 1} Alerts, text 1; {Campaign 2} Alerts, text 2. Text STOPALL to unsubscribe from all messages.
End user: 1
Short code: You are unsubscribed from {Campaign 1}. No more messages will be sent. Reply HELP for help or {source of help}. Std msg&data rates may apply.

OR

End user: STOPALL
Short code: You are unsubscribed from all {Campaign Name} Alerts, no more messages. Reply HELP for help or {source of help}. Std msg&data rates may apply.

*These messages have not been formatted to fit within 136 characters*

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

When using the Betwext system clients agree to follow the same protocol above for both Canadian and US long and shot code messaging.

OTHER MATTERS.

 

This Agreement contains the entire agreement between you and Betwext regarding the use of the Services.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement.

The failure of Betwext to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The provisions of this Agreement will ensure to the benefit of and be binding upon each of Betwext and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Betwext, which may be withheld in Betwext’s sole discretion. Betwext may assign this Agreement and its rights and obligations under this Agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Betwext are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of The Website or the services.

 

Any rights not expressly granted by this Agreement are reserved to Betwext.

This Agreement is subject to change without notice. Please contact us with any questions regarding this Agreement.

Effective Date: This Terms of Use Agreement was last updated on January, 2015.

 

THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

Betwext LLC hosts and operates this website

 

Contact by mail:

 

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

 

Contact by Email: info@betwext.com

 

Contact by Phone: (888) 885-4384