I agree that I have read the following terms and conditions that govern the use of Switch2Local mobile marketing solutions. Reading this message constitutes an agreement to comply with said terms and conditions. Switch2Local apps are the properties of Switch2Local and the use of its software as a service platform is available to anyone in the Northern America on the stipulation that they abide by the Terms and Conditions governing this Service.
- Use of Switch2Local apps constitutes consent to all terms and conditions as outlined below. Switch2Local apps are digital marketing and mobile messaging platforms that enable clients of Switch2Local to send and receive communications with their customers via SMS/MMS/Email etc. By using Switch2Local's products and services, you and Switch2Local have agreed to the following stipulations:
Mobile Terms of Service Text-only Phone Number: Your mobile messaging program will make use of a Switch2Local-provisioned phone number.
Charges: Standard message and data rates may apply to any user sending or receiving SMS/MMS messages.
STOP: Anyone can stop receiving your future SMS/MMS messages delivered by Switch2Local at any time by texting the word: STOP to your Switch2Local provisioned number.
Customer & Technical Support: Northern California based Customer and Technical Support for Switch2Local may be contacted during normal business hours. Normal business hours are defined as 8am to 5pm Pacific Standard Time, Monday through Friday. Switch2Local's support staff will handle any calls made on holidays or outside normal business hours on the following business day.
Incorporation of Mobile Marketing Association (MMA) Guidelines: All parties agree to adhere to current Association's "U.S. Consumer Best Practices Guidelines" ("MMA Guidelines"). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.
User Generated Content (UGC): The term "UGC" refers to the uploaded photo, logo, lists you are asking Switch2Local to store, process, or transmit to end users. You represent the following:
- You own and/or have licensed the rights and necessary clearances to distribute the UGC to mobile devices (and, optionally, any other means of viewing UGC that has been mutually agreed on). The UGC does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.
- All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
- The UGC adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.
- The UGC (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, California, your home jurisdiction(s), or any other jurisdiction where the UGC is stored, delivered, or transmitted.
- Switch2Local prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, and medication. Switch2Local reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by Switch2Local.
Switch2Local reserves the right to delete or refuse to transmit any UGC that, in its opinion, violates any of the above stipulations. In the event that Switch2Local deletes or refuses to transmit Content, the company will contact you to inform you of the problem. Switch2Local will work with you to complete the campaign.
You permit Switch2Local to alter and encode the UGC into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on).
Campaigns: Switch2Local may refuse, suspend, terminate any campaign, text program, or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Cellular Carrier guidelines or that violates any applicable law or regulation.
Mobile Phone Numbers Provided To Us: By providing mobile phone numbers for use on the Switch2Local platform, you represent that:
- You are in compliance with MMA and TCPA Guidelines.
- Switch2Local's delivery of SMS/MMS messages to the numbers provided will not violate MMA or TCPA Guidelines.
- Transmission of messages to those phone numbers does not violate any applicable laws or regulations.
Reporting: Receiving access to Switch2Local's messaging platform will confirm the start of the campaign and provide proof of performance. Service Level and Third Party Reliance: Switch2Local relies on many external suppliers in order to transmit SMS/MMS/Email messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between Switch2Local and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of "Force Majeure" as described below.
Force majeure General. Excluding payment obligations, neither party will be liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes ("Force Majeure event").
Payment: Client will make all reasonable efforts to make payments in a timely manner to Switch2Local. Excuse for delays caused by events beyond reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions.
Service may be suspended, cancelled or terminated by Switch2Local if the Client's payment for service fails. If this occurs, a "Payment Failure" notices will be sent via email and service will be cancelled or terminated if payment is not received within 3 days.
Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.
Additional Indemnification: You agree that Switch2Local and its resellers, independent representatives, affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Switch2Local. Additional Indemnification: You agree that Switch2Local and its resellers and affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Switch2Local.
- Use of Switch2Local's SMS/MMS/Email messaging service is not to be used for any unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by Switch2Local, its customers, or damage to Switch2Local property. You agree that all usage of Switch2Local's apps, including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all UGC transmitted through Switch2Local. Switch2Local only provides you with service of sending SMS/MMS/Email messages to mobile phones. Switch2Local is not liable for any consequences brought on by or relating to any SMS/MMS/Email messages sent by any person that uses aforementioned service.
- Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by Switch2Local with your knowledge and consent. Your personally identifiable information will not be sold or rented to anyone by Switch2Local. Any lack of privacy that you may experience while using the SMS/MMS/Email is not the fault of Switch2Local, and Switch2Local will not be held liable. Switch2Local reserves the right to disclose, intercept, or delete any messages sent through the Messaging Center in order to protect its rights.
- Limitation of Liability. Switch2Local will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the SMS/MMS/Email messages. Switch2Local will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between Switch2Local and you.
- No Warranties. Switch2Local offers no express warranty with regards to its services. Switch2Local disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. Switch2Local does not authorize anyone to make any kind of warranty on its behalf.
- DISCLAIMER. Switch2Local apps and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Switch2Local offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the apps, services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose.
Further, Switch2Local does not represent or warrant that: (i) The Services will meet your requirements; its services will meet your requirements; (ii) Its services will be uninterrupted, timely, secure, or error-free;
You acknowledge that it is not within the control of Switch2Local how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and Switch2Local becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by Switch2Local. Switch2Local shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. Switch2Local is not responsible for any malfunction, delay, non-performance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. Switch2Local will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of Switch2Local to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require Switch2Local (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. Switch2Local or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and Switch2Local shall be indemnified by the Client from and against any claim which may be made against Switch2Local in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. Switch2Local shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.
- Opt in Guarantee by Client. Clients of Switch2Local guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages and/or MMS messages recognize the sender and expect to receive said messages from him or her. Switch2Local reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where Switch2Local suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.
- Pricing. Switch2Local reserves the right to make adjustments to the pricing of its product/service offering. Switch2Local may raise or lower its prices at any time. In the event that Switch2Local makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Switch2Local. Switch2Local will deem Clients subscriptions to services acceptable when Switch2Local delivers a confirmation of the subscription to the Client. Switch2Local reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through online credit card, or any other method set forth by Switch2Local. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Switch2Local services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of company. If the Client's service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that Switch2Local is not obligated to make any refunds under any circumstances. However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, they will have until the end of their billing cycle to use the remaining credits available in their account. Thereafter they will no longer have access to their account. To cancel an account, a Switch2Local user must email info@Switch2Local.com to make the cancellation request and include the following in the subject line: "Please Cancel Switch2Local Account". Please allow 48 hours to process the cancellation.
- Unpaid products. Switch2Local reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.
- Free Switch2Local accounts. Switch2Local may offer free mobile marketing to select businesses at Switch2Local’s discretion. Switch2Local agrees to allow business to send offers to up to 100 mobile numbers each month in exchange for the business creating a list of customers through Switch2Local’s list building program. The program requires the business to collect 30 new mobile number sign ups each month in exchange for the use of the Switch2Local platform. If businesses fail to maintain the required 30 signups per month, Switch2Local reserves the right to cancel the account, or require the business to upgrade to a paid account. The business and/or Switch2Local can cancel at any time. Customer mobile numbers collected through this process are the property of the business as well as Switch2Local.
- Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Switch2Local, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this service is strictly prohibited without the express written permission of Switch2Local. For information on requesting such permission, please contact us at email@example.com.
- Content Submitted to Switch2Local. You grant to Switch2Local a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the Switch2Local Site(s) (such as forums and newsgroups) or by email to Switch2Local. By all means and in any media now known or hereafter developed. You also grant to Switch2Local the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against Switch2Local for any alleged or actual infringement or misappropriation of any property right in your communications to Switch2Local.