Terms and Conditions
Effective Oct 1, 2017
Please read through these Terms and Conditions prior to using our website or services. By using our website or services, or clicking “I Accept,” you indicate that you understand and agree to be bound by these terms and conditions.
Project Broadcast LLC maintains a zero tolerance policy for SMS Spam, Mobile Spam, Text Messaging Spam. You are solely responsible for any activity that occurs under your user names and accounts. You expressly agree that you will not resell the Service, Service Data, and/or Mobile App. You may not assign your obligations under these Terms to any other party. We are not liable to you for any unauthorized access to or misuse of the Service, Service Data, and/or Mobile App. You may not use the Service, Service Data, and/or Mobile App in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site (or computer systems or networks connected to the Service, Service Data and/or Mobile App) through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Service, Service Data, and/or Mobile App that violate any applicable local, state, national or international laws or regulations, the intellectual property or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate, as reasonably determined by the Company. You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) Do-Not-Call (“DNC”) list prohibitions; (b) telemarketer licensing and bonding requirements; (c) consumer cancellation rights; (d) mandatory disclosures; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages (i.e. robocalling or voice broadcasting); (g) internal opt-out rules; (h) intellectual property rights and restrictions; and (i) other product and industry specific rules and disclosures. By making any use of the Service, Service Data, and/or Mobile App you expressly warrant to us that You are and shall continue to act in full compliance with the law. All of our offers are void where prohibited by law. You agree that You have read and understand the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. You must review these rules with your own legal counsel to ensure that you understand and are fully compliant. We do not assume responsibility for ensuring that your marketing campaigns meet applicable legal requirements. We will not assume any liability if You are ever held guilty or liable for any law violation. Not withstanding the foregoing, you acknowledge that we have and are taking active steps to ensure the compliance of our customers, including by having you agree to these terms and otherwise. If we discover evidence demonstrating that you may have violated the law, we may suspend or terminate your use of the Services immediately. You realize and agree that we may be required by law to provide certain information about you if we receive a subpoena from a court or regulator with competent jurisdiction. We are under no obligation to object to the same, except in our sole discretion.
You acknowledge that you have no ownership, rights, title or other interest in the Site or the Services apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the Site and the Services are the exclusive property of Company, and these Terms shall not be deemed a transfer of title or ownership in any respect. Cancellation of the Services revokes your license and ends your rights thereunder. In case of such cancellation, you will immediately cease use of the Site and the Services. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the license, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or our proprietary rights. If any modifications, enhancements, improvements or alterations to the Site or Services are or have been made us, by you or by any other party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to us. You agree to assign to us any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that we request. You acknowledge that, in connection with the performance of this agreement, you may receive certain confidential information of Company, which confidential information shall include information relating to the Software and Services. You hereby agree: (a) to hold and maintain in strict confidence all confidential information of the Company and not to disclose it to any third party; and (b) not to use any confidential information of the Company except as permitted by these Terms or as may be necessary to exercise rights or perform obligations under these Terms. In the event that you disclose or are required to disclose confidential information, you shall use commercially reasonable efforts to provide the Company with prompt notice prior to any disclosure to afford a reasonable opportunity to protect the confidential information from public disclosure. You authorize us to retain certain data about you, including without limitation, call and messaging logs, in order for us to protect ourselves later on from either a third-party claim, or from a future claim alleging breach by You.
The Service, Service data, and Mobile App are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties or conditions of any kind, either express or implied without limitation warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Licensor makes no warranty or condition as to the accuracy, completeness or reliability of any content available through, or the performance or non-performance of, the Service, Service data, and/or Mobile App including the failure of a sender’s message or communication to be transmitted by the product, mobile app or Service or received by an intended receiver. You are responsible for verifying any information before relying on it. Use of the Service, Service Data, and/or Mobile App is at your sole risk. Licensor does not warrant that you will be able to access or use the Service, Service Data, and/or Mobile App at the times or locations of your choosing or in the event of an emergency or notification of an emergency; that the Service, Service Data, and/or Mobile App will be uninterrupted or error-free; the defects will be corrected; or that the Service, Service Data, and/or Mobile App are free of viruses or other harmful components. Further, licensor does not represent and warrant that you will receive payment or goods and services from third parties when conducting transactions through the Service, Service Data, and/or Mobile App, that you will receive refunds from payees, that chargebacks will not occur, or that any mobile payment will work or function correctly and/or accurately with the Service.
To the maximum extent permitted by law, in no event shall licensor, its affiliates, licensors or business partners (collectively, the “Related Parties) have any liability, whether based on contract, tort (including negligence), strict liability or otherwise, for any direct, indirect, incidental, consequential, special or exemplary damages, lost profits or sales, or lost or corrupted data arising out of or in any way connected with the access to or use of the Service, Service Data, and/or Mobile App, even if licensor and/or related parties have been advised of the possibility of such damages or the cost of procuring substitute products, technology, services or rights. If you are dissatisfied with any portion of the Service, Service Data, and/or Mobile App your sole remedy is to cancel and discontinue using the Service, Service Data, and/or Mobile App. In no instance will the company’s liability to you exceed the fees paid by you in the three (3) month period prior to the claim at issue, and you agree that this limitation represents a reasonable allocation of risk. The foregoing exclusions and limitations will apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action of liability (including, without limitation, negligence) and even if the company or others were advised or aware of the possibility or likelihood of such damages or liability. The company does not authorize any person to create for it any obligation of liability in connection with the Service, Service Data, and/or Mobile app, or Intellectual Property.
Project Broadcast LLC reserves the right to make adjustments to the pricing of its products/service offering. Project Broadcast LLC may raise or lower its prices at anytime. In the event that Project Broadcast LLC makes significant alteration to its pricing, clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Project Broadcast LLC. Project Broadcast LLC will deem clients subscriptions to services acceptable when Project Broadcast LLC delivers a confirmation of the subscription to the client. Project Broadcast LLC reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company via online credit card. The client acknowledges and agrees that in the event of a charge back by a client credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Project Broadcast LLC services or subscription fee may result in suspension, cancellation, or termination of said Service, Service Data, and/or Mobile App, in the sole discretion of the company. If the client’s service is suspended, cancelled, or terminated 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 Project Broadcast LLC 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-activate their account. Should the client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account and they will lose any data they originally had. To cancel an account, a user must use the cancellation feature in the web site or email the Project Broadcast support team at email@example.com. Please allow 7 days to process an email cancellation.
Credits are paperless vouchers, varying by subscription level, that are added to your account on the successful renewal of monthly subscription. Each broadcasted message to recipient on behalf of Client will decrement available credit balance of Client. Unused credits by Client for a given subscription period will rollover to the next subscription period. Credits can not be transferred between users. Project Broadcast does not allow the sale or transfer of a Project Broadcast account to another party.
We reserve the right to suspend or cancel the Service at any time if you fail to pay amounts owing when due, violate or breach any of the terms, or for any other reason at our sole discretion. If the Service is suspended or cancelled, you will still be responsible for payment of all outstanding balances owed through the remainder of the month or other cancellation date, including any fees described herin. Upon termination of the Service, you will continue to have access to the Service until your next renewal date. At your next renewal date, your access to the Service will be terminated. Fourteen (14) days following your cancellation your phone number will be unprovisioned and you will lose any unused credits. Company makes no warranty that upon later reactivation, even in 14 day window, that the previous provisioned phone number for the account will be used. Refunds, under no circumstance, are provided.
Upgrading/Downgrading Subscription Level
At any time Client may decide to modify the subscribed subscription level to either increase their subscription level or decrease their subscription level. Once the subscription has been requested to be upgraded/downgrading the modification of the subscription will occur at the next billing period for downgrades and process immediately for upgrades. If Client requires additional credits for current subscription period, they may increase their current credit balance by purchasing al a carte credits via the Project Broadcast website at http://projectbroadcast.com.
Clients may request support by emailing firstname.lastname@example.org or by submitting a new message to the Project Broadcast user support group on Facebook (http://facebook.com/groups/projectbroadcast). Please allow up to 2 business days for responses submitted through a support channel.