These Terms and Conditions May Change
CallOnTheGo reserves the right to update or amend these Terms and Conditions at any time.
CallOnTheGo May Change or Suspend Services
CallOnTheGo and/or its clients may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof of any user for any reason.
You must be at least 18 years old to be eligible to use the Services. However, if you are at least 13 years old but not yet 18, you may use the Services if, and only if, you have your parents’ or guardians’ prior permission. No one under age 13 may use the Services under any circumstances. By clicking the “SUBSCRIBE” button you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to register for the Services.
There may be some costs associated with the use of CallOnTheGo and its Clients services. For example, your pager or cellular phone service provider may charge you to receive Wireless Text Messages. Neither CallOnTheGo, its partners, or its clients, will be held responsible for any charges related to the use of the Services.
CALLONTHEGO PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. TEXTHUB EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
* Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
UNDER NO CIRCUMSTANCES WILL TEXTHUB OR ITS EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT CALLONTHEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Services or any content on any of CallOnTheGo’s or its client’s website properties, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.
You agree to indemnify, defend and hold harmless CallOnTheGo, its partners, clients, employees, officers and directors, from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CallOnTheGo or its client’s. Any such purported assignment or delegation by you without the appropriate prior written consent of CallOnTheGo or its client’s will be null and void and of no force or effect.
All clients must agree to and abide by these Terms and Conditions:
READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY USING THIS SERVICE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS EITHER INDIVIDUALLY OR ON BEHALF OF YOUR COMPANY AND ARE NOW COMPLETING SUCH A BINDING AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND ALL OTHER ADDITIONAL OR CONTRARY DOCUMENTS, OR REPRESENTATIONS, WRITTEN OR ORAL, ARE HEREBY REJECTED AND SHALL NOT BE BINDING.
The technology for this message delivery platform (“!”) is provided by CallOnTheGo Inc. (“CallOnTheGo “) and is furnished “as is” under this License Agreement (“Agreement”) for the fees specified in our pricing plan. You must read this Agreement and agree to its terms before you may create an account with CallOnTheGo.
1.2 Modification of This License Agreement.
CallOnTheGo’s databases contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by CallOnTheGo. You may not remove any material belonging to CallOnTheGo from any web site or any of CallOnTheGo’s databases. You are not authorized to use CallOnTheGo’s name, logos or any related product and service names, design marks and slogans in any advertising, publicity or any other commercial manner without the prior written consent of CallOnTheGo.
2.6. “No Spam” and Privacy Policies
You represent, covenant and warrant that you shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation).
In the event you use the Service to conduct telemarketing activities, you shall warrant to CallOnTheGo that you will take all required actions necessary to comply with applicable state and federal “DO NOT CALL” and telemarketing registration statutes and regulations, and you shall not use the Service in a manner which will result in a violation of any laws or regulation respecting such Service, including but not limited to the Federal Telephone Consumer Protection Act, 27 U.S.C. § 227, et seq..
You shall use CallOnTheGo only for “opt-in” lists, lists in which the recipient has voluntarily signed up to be on your list and has not requested to be unsubscribed. Any messages sent to users who did not request to be on your or your customers’ lists, whether purchased or otherwise obtained without the recipients’ consent, shall be deemed as “Spam” and may result in termination of your account without refund and legal action, including the pursuit of damages, against you for violating our “No Spam” policy.
CallOnTheGo is compliant with the CAN-SPAM laws and enforces such practices for all of its customers. CallOnTheGo also works closely with the major anti-spam organizations such as Mail Abuse Prevention System (MAPS), SpamCop, Spamhaus, and Spam Prevention Early Warning System (SPEWS) to ensure that all of its customers are not in violation of spamming policies.
You understand that e-mails that are sent through CallOnTheGo’s Services may generate abuse complaints from recipients. As a matter of privacy, CallOnTheGo does not have to share with you the e-mail addresses, instant message handles, phone numbers, pager numbers or fax numbers of those who complain about your campaigns.
2.7. Addressing Spam Complaints
You acknowledge that upon your breach of Sections You acknowledge that upon your breach of Sections 2.3, 2.4, 2.5, or 2.6 CallOnTheGo shall entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. CallOnTheGo may also seek damages as a result of such breach.
CallOnTheGo and its platforms may have errors and may produce unexpected results. Except as otherwise expressly provided herein, you agree that any use of CallOnTheGo’s platforms will be entirely at its own risk. You agree to backup you information and take other appropriate measures to protect programs and data. You may not allow a third party to use CallOnTheGo’s account and agree to indemnify and hold CallOnTheGo harmless from any damages or claims arising from such use by any third party. You specifically understand that you assume the risk of your messages actually reaching their destination, and that CallOnTheGo does not and cannot guarantee the ultimate delivery of your messages.
3. DISCLAIMER OF WARRANTIES AND REMEDIES
3.1 Disclaimer of Warranty.
3.2 Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL CallOnTheGo BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE CallOnTheGo’S SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF CallOnTheGo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT TEXTHUB IS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CallOnTheGo TO YOU WILL BE LIMITED TO THE AMOUNT CLIENT PAID FOR THE SERVICES.
You understand that the sending of unsolicited messages may result in fines, penalties, and the blocking of servers by spam filters and other spam preventing measures, and you shall reimburse CallOnTheGo for any fines or penalties assessed against, and shall be liable for damages caused to CallOnTheGo’s server which is blocked as a result of your use of CallOnTheGo’s Services covered herein. In addition to penalties which CallOnTheGo may impose if your campaign results in a server being blocked, CallOnTheGo shall have the right to charge your account for any time spent by CallOnTheGo agents or employees addressing issues arising out of the unlawful use (or use in any manner inconsistent with the terms of this Agreement) of CallOnTheGo’s Services, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
By using CallOnTheGo’s Services, you expressly agree that CallOnTheGo is permitted to bill you the applicable fees and any other charges for the Services provided by CallOnTheGo. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. CallOnTheGo may change the fees and charges in effect, or add new fees and charges from time to time.
Payment is due in full upon receipt of the invoice. If the invoice is thirty (30) days past due, CallOnTheGo may, to the extent permitted by the law of the State of Illinois, charge you a late fee of up to 1.5 percent per month (18 percent annually). CallOnTheGo also charge you for any collection agency fees that CallOnTheGo uses to collect from you.
4.3 Automated Credit Card Payments
CallOnTheGo permits you to set up an automated payment system by establishing a credit card account from which payments are debited. You agree that CallOnTheGo shall automatically bill your credit card account each month after the commencement of your Services contract with CallOnTheGo. If your credit card is declined on the that day of the month when payment is due, you may log onto your account, but will be unable to send any messages via CallOnTheGo’s platform. If your credit card is also declined on the 10th day of the month when payment is due, CallOnTheGo will assess a $10 late fee. If your credit card is then declined on the 25th day of the month when payment is due, CallOnTheGo will assess an additional $15 late fee. CallOnTheGo reserves the right to terminate your account if your credit card is declined in the next billing cycle. You shall remain responsible for any uncollected amounts.
4.5 Mobile-Terminated/ Mobile-Originated Messages
A mobile-terminated (“MT”) message is any SMS message sent by CallOnTheGo to an end-user using CallOnTheGo’s platform. A mobile-originated (“MO”) message is any SMS message sent by an end-user back to CallOnTheGo. For any campaign, your monthly allotted plan includes only MT messages. Each MT message transmitted to an end-user constitutes a separate message regardless of the timing of the transmission or identity of a recipient. You will not be charged for MO messages.
This license and the rights granted under this License Agreement may not be transferred or assigned by you. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Illinois, United States of America without regard to its principles of conflict of laws. The parties consent to the jurisdiction of the courts of the State of Illinois and the federal courts located within the State of Illinois, County of Cook, and any disputes shall be litigated solely in those courts. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. Neither of the parties shall be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you shall comply with all applicable laws and regulations that relate to the performance of this Agreement.’
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind CallOnTheGo in any respect whatsoever.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF CallOnTheGo OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA . YOU SHALL NOT EXPORT TEXTHUB, THE DOCUMENTATION, OR INFORMATION ABOUT CallOnTheGo, AND THE DOCUMENTATION WITHOUT CONSENT OF CallOnTheGo AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.
You will ensure that anyone in your organization or affiliated entities who uses CallOnTheGo (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
5.4 Assignment of Accounts
CallOnTheGo reserves the right to assign its IP and/or client’s accounts and data to another company of equal or greater capabilities and capacity to handle client’s account. In the event that CallOnTheGo merges with or is acquired by another company or companies, all of its client accounts shall be automatically transferred to said new company or companies.
During the term of this Agreement and for a period of two (2) years thereafter, neither you nor any employee, officer, director, representative, lawyer, agent, or affiliate of yours will solicit, encourage, or cause others to solicit or encourage any employees of CallOnTheGo to terminate their employment with Company.