- Acceptance of Terms.
- Pawlicy Advisors, Inc. (“Pawlicy” or “we”) provides its Texting Service (as defined below) subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by providing Pawlicy Customer Information (as defined below), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Texting Service.
- Pawlicy may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice at http://www.pawlicy.com/terms-of-use (the "Site"). You can review the most current version of this TOS at any time on the Site. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes.
- Description of Texting Service. The "Texting Service" includes a service whereby Pawlicy registers phone numbers on your behalf and contacts your customers ("Customers") on your behalf about Pawlicy's products and services via SMS texting from such phone numbers, and other such communications on your behalf as you may direct Pawlicy to send.
- General Conditions.
- Subject to the terms and conditions of this TOS, you agree and acknowledge that (a) Pawlicy may contact the Customers via telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded message, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes (collectively, the “Communications”) via the phone number registered on your behalf; (b) you are solely responsible for obtaining the necessary prior express prior written consent, invitation and/or permission for such Communications; and (c) Pawlicy may register phone numbers on your half. Further, you agree to provide Pawlicy with any information, including cellular telephone and other contact information, required to make such Communications (collectively, “Customer Information”), and to immediately inform Pawlicy of any request by a Customer to no longer receive Communications (“Customer Opt-Out”) and to provide Pawlicy with Customer Information necessary to honor any Customer Opt-Out.
- The failure of Pawlicy to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Pawlicy, even though it is electronic and is not physically signed by you and Pawlicy, and it governs the Texting Service.
- Representations and Warranties. You represent and warrant to Pawlicy that (a) you have full power and authority to enter into this TOS; and (b) you have obtained all permissions, releases, rights and licenses (including express prior written consent) required (i) to provide the Customer Information to Pawlicy and for Pawlicy to use such Customer Information as contemplated herein; and (ii) for Pawlicy to contact Customers via the Communications in connection with the Texting Services without obtaining any further releases or consents.
- Termination. Subject to earlier termination as provided below, Pawlicy may terminate this TOS at any time by providing thirty (30) days prior notice to the administrative email address provided to Pawlicy. Pawlicy reserves the right to modify or discontinue, temporarily or permanently, the Texting Service (or any part thereof). The terms of Section 4-12 shall survive termination of this TOS.
- DISCLAIMER OF WARRANTIES. THE TEXTING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND PAWLICY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL PAWLICY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, PAWLICY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification. You shall defend, indemnify, and hold harmless Pawlicy and its affiliates and their respective employees, directors and officers from and against any and all claims, actions, demands, penalties, fines, losses, liabilities, damages, fees, expenses, judgments, and costs (including attorneys' fees), in connection with (a) your breach of any representations or warranties set forth in Section 4; or (b) any actual or alleged violation of any state or federal law, rule or regulation related to Communications, including the Telephone Consumer Protection Act of 1991 or similar state regulations or laws, and arising out of the Texting Service. Pawlicy shall provide notice to you of any such claim, suit or demand. Pawlicy reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Pawlicy’s defense of such matter.
- Assignment. You may not assign this TOS without the prior written consent of Pawlicy, but Pawlicy may assign or transfer this TOS, in whole or in part, without restriction.
- Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Pawlicy in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
- Governing Law. This TOS shall be governed by the laws of the State of New York without regard to the principles of conflicts of law. Unless otherwise elected by Pawlicy in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York for the purpose of resolving any dispute relating to your access to or use of the Texting Service.
- Privacy. Please visit http://www.pawlicy.com/privacy-policy to understand how Pawlicy collects and uses personal information.
HOW TO CONTACT US
If you have questions about these SMS Terms of Service, please contact Pawlicy via e-mail at email@example.com.
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