Terms:
By accessing and using this website, web
page, client portal, or mobile application, including but not limited to any
content, functionality and services offered on or through this website, web
page, client portal, or mobile application, or our e-mails, texts, posts and
other electronic messages (collectively, our “Site”), you are agreeing to be
bound by these Terms and Conditions of Use, all applicable laws and
regulations, and agree that you are responsible for compliance with any
applicable local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing this Site.
Our Site and all of the contents, features
and functionality (including but not limited to all information, software,
text, displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by us, our licensors or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary
rights laws, as applicable. We reserve the right to withdraw or amend our Site,
and any service or material we provide on our Site, in our sole discretion
without notice. We will not be liable if, for any reason, all or any part of
our Site is unavailable at any time or for any period.
Use
License:
Your permission to use and access this
Site is the grant of a limited license, not a transfer of title, and your
limited license to use or access our Site shall automatically terminate if you
violate any of these restrictions and may be terminated by us at any time for
any reason or no reason.
When using or accessing our Site, you may not:
1. modify or copy any material or Services;
2. use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
4. engage in any data mining, data harvesting, data
extracting or any other similar activity in relation to this Site, or
while using this Site;
5. remove any copyright or other proprietary notations
from the material; or
6. transfer the materials to another person or entity or “mirror” the material on any other server.
Posting Content. In these Terms and Conditions of Use,
your “Content” shall mean any audio, video, text, images or other
material, including comments or feedback, you choose to post on or submit
to us via this Website. With respect to your Content, by posting it in a
way that is visible to the public, you grant us a non-exclusive,
worldwide, irrevocable, royalty-free, sub-licensable license to use,
reproduce, adapt, publish, translate and distribute it on our Site and in
any and all media.
Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
1. unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
2. material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
3. material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.
Your permission to use and access this Site is the
grant of a limited license, not a transfer of title, and your limited
license to use or access our Site shall automatically terminate if you
violate any of these restrictions and may be terminated by us at any time
for any reason or no reason.
Disclaimer
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
our Site will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES,
EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY
OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR
ON ANY SITE LINKED TO THE SITE.
Limitation
of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR
OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS
BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO
OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold
harmless us, our affiliates, licensors and service providers, and our and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms and Conditions of Use and your use of our Site, including, but not
limited to, any use of our Site’s content, services and products other than as
expressly authorized in these Terms and Conditions of Use or your use of any
information obtained from our Site.
Revisions and Errata
The materials appearing on our Site could
include technical, typographical, or photographic errors. We do not warrant
that any of the materials on the Site are accurate, complete, or current. We
may make changes to the materials contained on the Site at any time without
notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the
third-party websites linked to by the Site and are not responsible for the
contents of any such linked site. The inclusion of any link does not imply
endorsement by us of the third-party website. Navigation to and use of any such
linked website is at the user’s own risk.
Site
Terms of Use Modifications
We may revise these Terms and Conditions
of Use for the Site at any time without notice. By accessing or using the Site,
you are agreeing to be bound by the then current version of these Terms and
Conditions of Use.
Governing
Law
Any claim relating to the Site shall be
governed by the laws of the State in which we are headquartered without regard
to its conflict of law provisions.
Entire
Agreement
These Terms and Conditions of Use, our
Privacy Policy and any other document we deem relevant constitute the sole and
entire agreement between you and us with respect to our Site and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to our Site
Our
Mobile Messaging Service is provided by Thryv, Inc. and is subject to the
following terms and conditions.
Mobile Messaging Terms
& Conditions
Thryv, Inc. (“We,” “Us,” “Our”) is offering a mobile messaging program (the
“Program”), subject to these Mobile Messaging Terms and Conditions (the
“Terms”). If you do not wish to continue participating in the program or no
longer agree to these Terms, you can reply “STOP” to any mobile message
from Us in order to opt out of the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile messages by users
affirmatively opting into the Program. Regardless of the opt-in method you
utilized to join the Program, you agree that these Terms apply to your
participation in the Program. The mobile messaging service used by Us to
communicate with you requires human intervention for Our mobile messages to be
initiated, and thus Our mobile messages are not sent to you by an automatic
telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by
participating in the Program, you agree to receive autodialed marketing
mobile messages and you understand that consent is not required to make any
purchase from Us.
Program Description: Without limiting the scope of the Program, users that opt into the
Program can expect to receive messages from Our customers, for alerts, coupons,
specials, and promotions.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile
messages, and additional mobile messages may be sent based on your interaction
with Us.
Contact Information: For support text “HELP” to 85100, or to any of Our mobile
messages, or email [email protected]
User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to
85100, or to any of Our mobile messages from your mobile device. This is the
easiest and preferred method to opt out of the Program. You may receive an
additional mobile message confirming your decision to opt out. You may also opt
out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to
85100 or to any of Our mobile messages you receive, or by contacting Us via the
means provided above and clearly communicating your intent to unsubscribe from
the Program. For additional support, text “HELP” to 85100 to get help.
MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS
messaging.
Disclaimer: The Program is offered on an “as is” basis. We will not be liable for any
delays or failures in the receipt of any mobile messages connected with this
Program. Delivery of mobile messages is subject to effective transmission from
your wireless service provider/network operator, and is outside of Our control.
Your wireless service provider/network operator is not liable for delayed or
undelivered mobile messages. Your participation in the Program is at your sole
discretion and risk, and if you are dissatisfied with the Program, message
content, or these Terms, you should opt-out and cease use of the Program.
Privacy Policy: We respects your privacy. We will only use information you provide to
transmit your mobile messages and respond to you, if necessary. WE DO NOT
SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE
NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD
PARTY. Nonetheless, We reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental
request, to avoid liability, or to protect Our rights or property. When you
complete forms online or otherwise provide Us information in connection with
the Program, you agree to provide accurate, complete, and true information. You
agree not to use a false or misleading name or a name that you are not
authorized to use. If in Our sole discretion, believe that any such information
is untrue, inaccurate, or incomplete, or you have opted into the Program for an
ulterior purpose, We may refuse you access to the Program and pursue any
appropriate legal remedies.
This Privacy Policy is strictly limited to
the Program and has no effect on any other privacy policy(ies) that may govern
the relationship between you and Us in other contexts.
Dispute Resolution: In the event that there is a dispute, claim or controversy between you
and Us, or between you and any third-party service provider acting on Our
behalf to transmit the mobile messages within the scope of the Program, arising
out of or relating to federal or state statutory claims, common law claims,
these Terms, Our Privacy Policy, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, such dispute, claim or
controversy will be determined by arbitration in Dallas, Texas before one
arbitrator. The arbitration will be administered by JAMS. For claims greater
than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in
effect at the time the arbitration is commenced will apply. For claims less
than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at
the time the arbitration is commenced will apply. The arbitrator will apply the
substantive law of the State of Texas, exclusive of its conflict or choice of
law rules. Nothing in this paragraph will preclude the parties from seeking
provisional remedies in aid of arbitration from a court of appropriate
jurisdiction. The parties acknowledge that this Agreement evidences a
transaction involving interstate commerce. Notwithstanding the provision in
this paragraph with respect to applicable substantive law, the Federal
Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted
pursuant to these Terms. Either party may commence arbitration by providing to
JAMS and the other party to the dispute a written demand for arbitration,
setting forth the subject of the dispute and the relief requested (“Arbitration
Demand”).
To the fullest extent permitted by law,
each of the parties agrees that any proceeding, whether in arbitration or in
court, will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds in court
rather than through arbitration, each party knowingly and irrevocably waives
any right to trial by jury in any action, proceeding or counterclaim arising
out of or relating to this Agreement or any of the transactions contemplated
hereby.
The appointed arbitrator may award
monetary damages and any other remedies allowed by the state law designated
above. In making his or her determination, the arbitrator will not have the
authority to modify any term or provision of these Terms. The arbitrator will deliver
a reasoned written decision with respect to the dispute (the “Award”) to each
party, who will promptly act in accordance the Award. Any Award (including
interim or final remedies) may be confirmed or enforced in any court having
jurisdiction, including any court having jurisdiction over either party or its
assets. The decision of the arbitrator will be final and binding on the
parties, and will not be subject to appeal or review. Each party will advance
one-half of the fees and expenses of the arbitrator, the costs of the
attendance of the court reporter at the arbitration hearing, and the costs of
the arbitration facility. In any arbitration arising out of or related to these
Terms, the arbitrators will award to the prevailing party, if any, costs and
attorneys’ fees reasonably incurred by the prevailing party in connection with
that aspect of its claims or defenses on which it prevails, and any opposing
awards of costs and attorneys’ fees awards will be offset. The parties will
maintain the confidential nature of the arbitration proceeding, the hearing and
the Award, except as may be necessary to prepare for or conduct the arbitration
hearing on the merits, or except as may be necessary in connection with a court
application for a preliminary remedy, or confirmation of an Award or its
enforcement, or unless otherwise required by any applicable law. Any
documentary or other evidence produced in any arbitration hereunder will be
treated as confidential by the parties, witnesses and arbitrators, and will not
be disclosed to any third person (other than witnesses or experts), except as
required by any applicable law or except if such evidence was obtained from the
public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserves the right to change these Terms from time to time. Any material updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.