Terms and Conditions

Last Revised: May 21, 2024

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ACCEPTING THEM AND USING ANY SERVICES WITH POLITEXTS. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND DISPUTE RESOLUTION PROCEDURES. BY USING OUR SERVICES, YOU ARE ACCEPTING AND AGREEING TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION PROVISIONS SET OUT IN SECTION 4.10.

THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. ANY CHANGE TO THESE TERMS AND CONDITIONS SHALL BE EFFECTIVE IMMEDIATELY. YOU ARE RESPONSIBLE FOR FOLLOWING ANY CHANGES TO THE TERMS AND CONDITIONS. CONTINUE TO REVIEW THE ENTIRE DOCUMENT EACH TIME YOU ACCESS OUR WEBSITE AND USE OUR SERVICES.

IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, EXIT THE WEBSITE AND DISCONTINUE USE OF THE WEBSITE AND OUR SERVICES. ANY REQUEST TO AMEND OR CHANGE OUR TERMS AND CONDITIONS IS EXPRESSLY REJECTED.

BY ELECTRONICALLY ACCEPTING/SIGNING THESE TERMS AND CONDITIONS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS. IF YOU ARE A RESELLER OR A USER OF POLITEXTS LLC'S WHITE LABEL SERVICE, YOU ARE ALSO AGREEING TO INCORPORATE THESE TERMS AND CONDITIONS INTO YOUR OWN POLICIES, PRODUCTS AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS AND/OR USERS ADHERE TO THESE TERMS AND CONDITIONS.

Part I

1.0 DEFINITIONS

a. "You" and "Your" means a user, client, subscriber, customer, end user, or reseller, who accesses and uses the Company’s Services.

b. "Company" means Politexts, LLC which is also sometimes referred to as, "I", "we", "us", or "our".

c. "Services" means any of the services offered or provided by the Company from time to time including by way of example only, Voice Broadcasts, Message Services (SMS/MMS/Text Messaging), Automatic Telephone Dialing System (ATDS), Automatic Dialing-Announcing Device (ADAD), and Live Transfers.

d. "Account" means your registered account with us, through which you obtain access to our Services, and includes all information and data which you input into your Account, including without limitation, the designation of authorized users, passwords, and financial and billing information.

e. "Transmission" means (i) the act or process of sending or transmitting audio, visual, text or other forms of content and materials by means of electronic communication by means of our Services, or (ii) such content and material itself, as the context requires.

f. "Affiliate" means each affiliate, subsidiary, officer, director, shareholder, agent, employee, supplier, or reseller of the Company.

2.0 LEGAL CAPACITY – You represent and warrant that (i) you have the legal right, capacity and authority to agree to these Terms and Conditions as an individual or on behalf of a corporation or other entity, (ii) you have attained the age of majority in the jurisdiction in which you reside and that you are in any event at least 18 years of age, and (iii) if you are utilizing the Services on behalf of a corporation or other entity, all references to “you” or “your” in these Terms and Conditions shall include such corporation or organization, jointly and severally with you personally.

3.0 USE OF YOUR ACCOUNT

3.1 You will immediately update your Account to reflect any changes to your contact information.

3.2 You are solely responsible for your Account, its content, maintenance, confidentiality and security, including all passwords related to your Account and for any and all activities on your Account, with or without your permission. You will immediately notify us of any unauthorized use, unlawful use, violation of these Terms and Conditions, and/or breach of security on your Account and, if we request, to assist us with stopping and remedying any such breaches or violations.

3.3 USE OF SERVICES - You will only use the Services for lawful purposes. You will not authorize or otherwise permit any of the following to occur through your Account:

a. any criminal or illegal activity;

b. the spoofing or impersonation of another person, corporation, organization or entity and/or the misrepresentation of the true originator of any message, call, or Transmission;

c. engaging in spamming and/or nuisance activities that violate anti-spamming laws and regulations;

d. the intentional promotion of goods and services to persons under the age of 18;

e. the promotion and/or Transmission of any message or content related to an illegal or improper financial scheme, such as a Ponzi or Pyramid scheme, or gambling.

f. the Transmission of any form of communication that is defamatory, hateful, discriminatory, unlawful, or an infringement of any person’s or group’s rights, or the Transmission of any indecent, obscene, offensive, violent, threatening, pornographic, or sexually explicit content, images or materials;

g. offering the sale or distribution of illegal and/or controlled substances, drugs, alcohol, animals or animal products, and/or other contraband materials;

h. offering any emergency services or other public safety service through 911 or any other similar system;

i. sending any messages to recipients who will incur charges;

j. the transmitting or sending of any malware, viruses, bots, spyware, Trojan Horses, worms, or any other form of harmful, disruptive or surreptitious program or code;

k. any activity that adversely effects the operation, stability or reliability of our Services or any activity that may subject us to third party liability or a third party claim;

3.4 We reserve the right to audit your Account and your use of our Services. Without prior notice or limiting any of our rights, we may suspend, freeze, seize, restrict, and/or terminate your Account at any time, in our sole discretion, if we determine or believe that you have violated any of these Terms and Conditions and/or any Federal, State, local or international law, code, regulation, or rule. Any failure on our part to take action in the event of a violation of any law, regulation, code or rule shall not be construed as a waiver of any right that we have to enforce these Terms and Conditions.

3.5 We may disclose information, data and other information pertaining to your Account and/or use of the Services to the extent such disclosure is reasonable as relates to our complying with any applicable law, regulation, subpoena or court order.

3.6 You will scrub all numbers uploaded to our Services against all applicable federal and state do-not-call lists, and your own internal do-not-call lists, and fully comply with all federal and state do-not-call laws and regulations. You are solely responsible and liable for any violations of federal and state do-not-call laws and regulations.

3.7 Where required by applicable law or regulation, you will obtain the prior written consent from each recipient to contact such recipient.

3.8 Omitted.

3.9 You understand that all automated bulk SMS or MMS messages must only be used for permission-based messaging in conjunction with any Federal, State or local law, code, regulation or rule.

PART II

4.0 DISCLAIMERS, LIMITS OF LIABILITY, INDEMNITIES

4.1 Your use of our Services is AT YOUR OWN RISK. Our website may provide links to external sources and other websites. We do not endorse these websites or warrant the accuracy or reliability of their content.

4.2 We offer access to our website and offer our Services on an “as is” and “as available” basis. We make no representations or warranties of any kind about the suitability, reliability, usability, security, quality, capacity, performance, availability, timelines, or accuracy of the website or the Services. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, except to the extent prohibited by law, including implied conditions or warranties of merchantability, fitness for any particular purpose, title and non-infringement, and any warranties arising out of any course of dealing or usage of trade.

4.3 We do not warrant that our Services will function as described or will be timely, uninterrupted, error-free, or free of harmful components, or that any stored data will be secure or safe from loss, theft or damage. While we shall not be responsible for any disruption of any Services, we will make reasonable commercial efforts to rectify any interruption in a timely manner.

4.4 No communication or information provided to you by us or any of our officers, directors, employees, legal counsel, agents, affiliates, licensors, licensees, or by any other third parties, prior to or subsequent to your accepting these Terms and Conditions shall be construed or relied upon by you as a warranty, an inducement to contract, or as legal advice, nor shall it create a warranty to you or to any of your customers, clients, subscribers or users of any of your goods or services.

4.5 We are under no obligation to store or save any of your data for a period of longer than 60 days following the initial entry of such data on our website. We reserve the right to delete data from customer accounts after 60 days of initial entry. It is your responsibility to backup or otherwise protect data on your Account as you see fit, in order to prevent its loss or damage.

4.6 NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, OR EARNINGS, IN EACH CASE WHICH IN ANY MANNER WHATSOEVER ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO THE USE, OR NON-USE OF THE SERVICES OR IN RELATION TO THESE TERMS AND CONDITIONS, REGARDLESS OF THE CAUSE OF ACTION OR THEORY ON WHICH A CLAIM IS BASED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF OUR WEBSITE, THE SERVICES OR A RELATED COMPONENT; ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS IN OR RELATED TO THE WEBSITE, THE SERVICES OR A RELATED COMPONENT, WITHOUT RESTRICTING THE FOREGOING. IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US OR ANY OF OUR AFFILIATES, THE AGGREGATE LIABILITY FOR ANY SUCH DAMAGES IS LIMITED TO THE LESSER OF (I) AMOUNT PAID TO US BY YOU DURING THE SIX (6) MONTH PERIOD PRECEDING THE CIRCUMSTANCES THROUGH WHICH THE LIABILITY AROSE AND (II) ONE THOUSAND DOLLARS. SOME JURISDICTIONS MAY PROHIBIT THE DISCLAIMER OF LIABILITY OR CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

4.7 You and your employees, agents, clients, customers, and/or related entities are solely responsible and liable for any fines, penalties and/or all other damages, claims and sanctions resulting from your contravention of any local, state and/or federal laws, codes, rules or regulations.

4.8 You will defend, indemnify and hold harmless Politexts, LLC, its directors, officers, employees, agents, affiliates, subsidiaries, associated companies, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees from and against any and all damages, losses, liabilities, judgments, fines, settlements, and expenses (including all reasonable legal expenses, such as but not limited to attorney’s fees, expert fees, investigation expenses, discovery costs, taxes, and disbursements) in connection with any claim, action or preceding commenced against the Company or any Affiliate or to which the Company or any Affiliate is made a party, whether by one or more individual plaintiffs or in connection with a class action (each an “Action”), arising from or in any manner related to your alleged or actual (a) use or misuse of the Services; (b) violation of these Terms and Conditions; (c) violation of any local, state and/or federal law, regulation, rule, and/or code; (d) misrepresentation, breach of representation or warranty made by you; (e) unlawful use of, unauthorized use of, or access to the Services by you or by any third party using your Account; and (f) any other reasons including, but not limited to acts of God, destruction, theft, defects, viruses, communication failures, failure of performance, impairment, or loss of data, suspension or termination of service, and unauthorized access to our system, records, data or settings. We reserve the right to participate in the defense of any Action through our own counsel and reserve the right to approve or reject any proposed settlement of any Action unless such settlement provides for a full and unconditional release of the Company and its Affiliates at no cost to us.

4.9 We have the right to seek and recover all damages (of whatever type or nature) caused by you through any use of our Services in an unlawful manner, in a manner that violates these Terms and Conditions, or in a manner inconsistent with any applicable federal and/or state or local law, regulation, code or rule. Such damages may include, without limitation, direct, indirect, special incidental, cover, reliance, and consequential damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

4.10 Mandatory Arbitration – All disputes arising under or related to these Terms and Conditions and/or your use of any Services shall be resolved exclusively through mandatory arbitration rather than by court proceedings. Such arbitration shall be held in Richland County, South Carolina, before a single arbitrator who shall be an attorney admitted to practice law in the State of South Carolina. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained in this section 4.10 shall prevent us from obtaining an injunction against any act, omission or anticipated act or omission on your part.

4.11 You have reviewed all sections of these Terms and Conditions, particularly including the provisions set out with respect to the limitation of liability, indemnification, and mandatory arbitration. You have had the opportunity to seek and obtain such independent legal advice as you may desire to fully understand these Terms and Conditions and are accepting these Terms and Conditions willingly and on a fully informed basis.

4.12 Nothing in this agreement shall entitle you to use any of the names “Politexts”, “Politexts, LLC” or any of our trademarks or trade names (our “Names”) without our advance prior written permission, and you acquire no rights whatsoever with respect to any of our Names.

Part III

5.0 GENERAL TERMS

5.1 Severability – Should any provision of these Terms and Conditions be determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof, and the remaining part of such provision and all other provisions will continue in full force and effect.

5.2 Waiver of Rights and Remedies – Any failure on the part of the Company to enforce any provision of these Terms and Conditions or exercise any rights in respect thereof will not be construed as a waiver of any provision or right.

5.3 Compliance – You will bear sole control and responsibility over compliance with all such laws associated with and/or applicable to your use of the Services and you assume sole liability for any and all noncompliance.

5.4 Relationship – No joint venture, partnership, fiduciary, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or as a result of your use of the Services. You have no authority to bind Service Provider in any respect whatsoever.

5.5 Assignment – We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions or any right to access our website or use our Services without our prior written consent. These Terms and Conditions will inure to the benefit of and bind you and us, and our respective legal representatives, successors and permitted assigns.

5.6 Termination – Either you or we may terminate this agreement with 30 days’ notice by sending an email in accordance with the Notice provision below. Your lack of activity on your Account will not automatically terminate your Account, however, should your Account remain inactive for a period longer than 30 days, we reserve the right to delete any data.

5.7 Notices – All notices under these terms and conditions shall be issued as follows:

IF TO POLITEXTS, LLC: phillip@sendpolitexts.com

IF TO YOU: To the email address associated with your User ID.

5.8 Force Majeure – We will not be responsible for, or have any liability for any temporary suspension, unavailability, interruption, disruption or failure of our Services due to acts of nature, acts of government, war, riots, strikes, and/or failures in the supply of electricity or internet connection, or any other circumstance not within our control.

5.9 Governing Law/Jurisdiction – This Agreement shall be governed by the laws of the State of South Carolina, without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the enforcement of an arbitration award or to seek injunctive relief related to this agreement shall be brought in the state or federal court located in Richland County, South Carolina.

5.10 Survival – All sections which by their nature are intended to survive the termination of this agreement shall so survive, including without limitation, Sections 4.6, 4.8 and 5.1.

5.11 Headings – The use of headings is for convenience only and such headings shall not be used to construe or interpret any content or provision of these Terms and Conditions.

5.12 Limitation Period – Any cause of action you may have relating to a dispute respecting our website, any Services or these Terms and Conditions must be commenced within one year after the cause of action accrues or you shall be deemed to have waived any such cause of action and be barred from commencing any action or proceeding based on such cause of action.

5.13 Entire Agreement – These Terms and Conditions, as amended from time to time, including any and all documents, rules, terms, and policies referenced herein constitute the entire agreement between you and us , with respect to the matters referred to in these Terms and Conditions, and as such supersedes all prior and contemporaneous understandings, whether electronic, verbal, or written between you and us with respect to such matters.

6.0 ACKNOWLEDGMENT - YOU HAVE READ THE ENTIRE AGREEMENT AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS. YOU AGREE AND ACCEPT ALL OF THE TERMS AND CONDITIONS WITHOUT RESERVATION OR EXCEPTION AND AGREE TO FULLY COMPLY WITH ALL OF THE PROVISIONS IN THIS AGREEMENT. YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS OF YOUR OWN FREE WILL AND WITHOUT ANY DURESS OR UNDUE PRESSURE OR INFLUENCE.

YOU HAVE HAD THE OPPORTUNITY TO SEEK AND OBTAIN INDEPENDENT LEGAL ADVICE AND HAVE RECEIVED SUCH ADVICE AS YOU REQUIRE TO ENSURE THAT YOU FULLY UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS WITHOUT RESERVATION OR YOU HEREBY EXPRESSLY WAIVE ANY SUCH INDEPENDENT LEGAL ADVICE AND THE PROTECTIONS IT MIGHT PROVIDE TO YOU.

PAYMENT TERMS AND CONDITIONS

These Payment Terms and Conditions operate together with Politexts’ Platform Terms and Conditions, which you have read and accepted above. Should any conflict be found to exist between these Payment Terms and Conditions and the Platform Terms and Conditions, the Platform Terms and Conditions shall prevail and supersede these Payment Terms and Conditions. These Terms and Conditions are between Politexts, LLC its related companies, and the User of the Service.

It is each User’s responsibility to protect and secure its account login and access information. You are fully responsible and legally liable for all activity on your account.

In these Payment Terms and Conditions, Users of the Site and/or Services, whether they are subscribers, customers, or casual browsers of the site, are called ‘Users’. Services are defined in the Terms and Conditions. Please read these Terms and Conditions before using our website or Services. By using or accessing our website and/or Services, you agree to be legally bound by these Payment Terms and Conditions and all guidelines and policies incorporated by reference in these Terms.

Our website and Services are not intended to be used by minors. You must be at least the age of majority in the jurisdiction wherein you reside and do business in order to use our website.

We reserve the right to change or modify any of these Terms and Conditions at any time.

1. User Data

When you provide us with a User’s data (i.e. personal or billing data), you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) ensure the accuracy of your data; (4) accept all risks of and responsibility for any unauthorized access to your data and to any other information that you provide to us.

2. Service Fees & Taxes

You are responsible (financially and otherwise) for all activity on your account, including all fees incurred as a result of your activity. Charges and any other fees for the use of this website and/or the Services are described on the website, in service agreements or any in any combination thereof. Such charges and fees may change at any time. If you keep using the Service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the billing period following the change. You are responsible for all applicable taxes related to the fees (which may differ depending on your geographical location/residence).

3. Trademarks, Ownership & Copyright

All of the content on the website (including all files) is the property of Politexts, LLC, its affiliates and associated companies. Content provided by the User is the property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the website and Non-User content are expressly reserved. User Content is the User’s responsibility. Politexts, LLC has no responsibility or liability for User’s Content, or for any losses or damages, your User Content may cause. We have absolute discretion, but no obligation, to remove, or change any User Content, at any time and for any reason.

4. Limited License of the User Content to Politexts, LLC

Politexts, LLC requires the right to access and use the User Content to the extent necessary to operate the website and the services. By uploading/entering User Content to the website/platform, the User grants Politexts, LLC and its subsidiaries and affiliates a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. Politexts, LLC is not required to pay or compensate User for such access or use.

5. Privacy Policy

Politexts, LLC collects personal information when Users place an order or otherwise voluntarily enter such information into our system. Our server automatically records information when Users visit our website, including the URL, IP address, browser type and language, and the date and time of each User request. We will not disclose personal information to third parties, except where required by law and in response to a subpoena or investigative demand from a court or agency with jurisdiction over such matters. We may use personal information to provide the Services and products you’ve requested, including services that display customized content and or email advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and Services. Politexts, LLC processes all personal information on its own servers which are located in North America.

6. Warranty

The Site, the Content, and the Services are provided to you on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Site, the Services, the Content or any portion thereof.

7. Limitation of Liability

Users waive and shall not assert any claims or allegations of any nature whatsoever against Politexts, LLC, its directors, officers, employees, agents, affiliates, subsidiaries, associated companies, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website or Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights and alleged inaccuracy of Content. We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website or Services.

7.1 Message Privacy

The User acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications by third parties is possible.

7.2 Delivery

The User acknowledges that Politexts, LLC delivers messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the above-mentioned third-party providers. Messages submitted via our website will be transferred to the addressed recipients, provided that the recipient’s receiver is switched on and located in an area covered by their subscribed network provider. The User acknowledges that, depending on the recipient’s provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support the chosen delivery method at all.

7.3 Large Volume Transmission

The User acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.

7.4 Disruptions & Damages

If the User causes damages or disruption of the website or our delivery system with malicious intent, he/she shall be liable for all direct and indirect consequences and associated costs, including full legal costs.

7.5 Message Content

The User assumes full responsibility for the content of the messages transmitted by it or by a third party on its request. The User agrees to abide by all laws and regulations applicable to the content and intent of the messages transmitted through the User’s account. The User shall be liable for all consequences, liability and costs arising out of any offenses against such laws and regulations. The User must ensure that its message delivery does not cause disturbance or harassment of a recipient or other third party. The User agrees to not send messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The User is not permitted to send messages to recipients who have made it clear that they do not wish to receive these messages or advertisements (i.e. to recipients on a Do Not Call List or who have ”opted out”). The sender of such unsolicited messages (the User) bears full legal and financial responsibility and liability for such actions. Politexts, LLC shall not be liable for any damages arising out of or in any way connected with the use of the website by such Users.

8. Applicable Law

The User agrees that all disputes, claims or other matters arising from its use of the Services shall be governed by the laws of the State of South Carolina, USA. The User also agrees that all Claims shall be heard and resolved in a court of competent jurisdiction located in Richland County, South Carolina, USA.

9. Termination/Modification of License

Politexts, LLC reserves the right, without notice and in its sole discretion, without any liability to Politexts, LLC, to terminate or limit the User’s license and/or access to use the website or any Services provided by us. In the event of a violation of our Terms and Conditions, your account will be terminated or placed under review and the User will not receive a refund for any unused portion of credits.

10. Inactive Accounts/Termination of Agreement

If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data will be lost. You and Politexts, LLC may terminate these Terms and User’s usage of the Site and Services at any time, with written notice. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the User, unused credits will expire on your subscription end date. For example, If you subscribe and cancel halfway through your billing period, your credits will be useable until the last day of your billing cycle.

11. Subpoenas Investigative Demands

Politexts, LLC is a compliance-focused company.  We will cooperate with valid subpoenas and investigative demands from courts and agencies with legal jurisdiction.

12. Contact Information

If you have any questions regarding these Terms or the website, please contact us at phillip@sendpolitexts.com.com

13. Cancellations

To cancel your subscription or account, simply contact phillip@sendpolitexts.com

14. Account Activation/Trial Account Refunds

No Refunds will be issued on account activations or trial accounts. The User understands that when activating their account they have purchased a username and password and access to a fully operating account. The services have been rendered in full the moment you received your login information, whether you choose to use your account or not. You may cancel your account at any time prior to the billing window and you will not be billed for the following month. If you cancel after the billing window you will be charged for that month and your account will be canceled the following month.

15. FCC, TCPA & REGULATORY COMPLIANCE

It is the User’s sole responsibility to ensure that you are compliant at all times, with all local, state and federal laws and regulations governing the use of the Services, including but not limited to the Telephone Consumer Protection Act, federal and state Do-Not-Call laws, Fair Debt Collection Practices Act, Can-Spam Act, and all other legislation, rules, regulations, and codes regulating and governing the Services.

The Federal Communications Commission has issued rules to ensure consumer protection in regard to commercial SMS and MMS messaging; that is the sending of marketing text messages to mobile phones. The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act are the applicable laws regulating marketing using SMS and MMS messaging in the United States of America.

The CAN-SPAM Act defines commercial messages as those that primarily advertise or promote a commercial product or service. This excludes transactional messages – notifications to facilitate a transaction a consumer has already agreed to receive, for example, messages that provide information about an existing account, or warranty information about a product you’ve purchased. Also excluded are non-commercial, informational texts, for example, messages by or on behalf of tax-exempt non-profit organizations, those for political purposes, and other non-commercial purposes, such as school closing.

The application of these regulations to commercial SMS and MMS messaging are set out in compliance and best practice manuals by industry bodies, namely the CTIA – The Wireless Association and the Mobile Marketing Association (MMA). It is your responsibility to ensure that your SMS and MMS messaging program is compliant, and you should make yourself familiar with the relevant industry codes, guidelines, and all applicable laws, and seek independent legal advice whenever you are uncertain. The information provided above is for general information purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided herein.

16. Privacy & Data Protection

Consumers have the right not to receive unsolicited marketing communications via SMS or MMS.

17. Opt-Out: Removal of Consent to Marketing

The universally recognized method of opting out from receiving marketing communications via SMS or MMS is for a consumer to reply “STOP” to a message they received. You also need to honor any opt-out requests sent via other channels, (for example, via email or telephonically). A “STOP” confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications must also be maintained.

18. Audience & Message Content

The content of marketing messages must be appropriate for the intended audience and should not be likely to offend, upset or harm, etc, any recipient of the message, whether deliberately or otherwise. In this regard, you must comply with all applicable laws and industry standards that apply to the marketing of children.

19. Sending Time-Frame

The TCPA stipulates that text messages may only be sent between 8:00 AM and 9:00 PM in the time zone where the recipient is located. If your service sends messages to contacts in different timezones, contact us about the various service options we can provide.

20. Record Keeping

It is generally recommended that to protect your organization from future disputes, Users should maintain each contact’s consent for at least four (4) years from that date in which the consent was given. There are numerous federal and state rules and regulations governing automated phone calls and SMS/MMS messaging. It is your responsibility to adhere to ALL of these rules at all times.

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