ExpertTexting Terms and Conditions / Usage Policy

General Terms?

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Usage Policy

You represent and warrant that the owners of the phone numbers you provide to ExpertTexting, to which outbound messages are sent through the Service, have consented or otherwise opted-in to the receipt of such messages. You acknowledge and agree that you will send messages only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or from the Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages transmitted through ExpertTexting. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, and campaigns transmitted through ExpertTexting by visiting the following websites:

• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
• DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls.

ExpertTexting is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.

You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.

As part of the registration process you will select a unique username and password. You shall provide ExpertTexting with accurate, complete, and regularly updated member profile information. You agree to notify ExpertTexting of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at ExpertTexting's sole discretion, and you may be reported to appropriate law-enforcement agencies.

You accept that the Service is provided for professional use only, and you agree that your use of the Website or Service shall not include:
• Sending unsolicited marketing messages (i.e. spam);
• Harvesting, or otherwise collecting information about others, without their consent;
• Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
• Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; • Interfering with another's use and enjoyment of the Service or Website; or
• Engaging in any other activity that ExpertTexting believes could subject it to criminal liability or civil penalty/judgment.

You agree that ExpertTexting is, under no circumstances, responsible for the contents and/or accuracy of your messages and ExpertTexting will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. Expert Texting will not be liable for any misuse of the Service by you. ExpertTexting is not responsible for the views and opinions contained in any of your messages or broadcasts.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of ExpertTexting or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.

You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through ExpertTexting's software systems and that your messages and advertising conform to all applicable guidelines we are subject to. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.

Code of Conduct for Using Short Codes:

• ET US Shared Short Code Service : 66599
This service will be used by ExpertTexting's Customers for marketing/alerting purposes only to their opt-in recipients either by using web form or directly subscription via opt-in to their campaign by sending text message.

• How your customer can opt-in to your campaign?
You need to ask your customer to send text message "JOIN <CampaignKeyword>" to 66599. Example (Text: JOIN BUY1GET2 to 66599)

• How your customer can opt-out to your campaign?
You need to ask your customer to send text message "CANCEL <CampaignKeyword>" to 66599. Example (Text: CANCEL BUY1GET2 to 66599)

• How to opt-out from 66599?
Send text message "CANCEL" to 66599.

• How to get more information regarding 66599?
Send text message "INFO" to 66599.

• What is the pricing for using Short-Code services?

For Customers signed up after August 2017 or exclusively communicated Customers using ET Short Code Service for sending (outbound texts) or receiving (inbound / incoming texts) will be charged at flat rate of @ 1.2 cent (US $0.012) / text (160 characters), for text message length above 160 characters will be charged twice and so on accordingly. (no surcharges will be applicable)

For Customers signed up before August 2017 Customers using ET Short Code Service for sending (outbound texts) or receiving (inbound / incoming texts) will be charged as per pricing mentioned *(plus additional surcharges)

• US Network operators that support ET US Short Code Service ?
AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket,& Virgin Mobile.
List may be updated by ET in its sole discretion from time to time without other means of prior notice.
T-Mobile is not liable for delayed or undelivered messages.

Price Adjustment

As we are dependent on other entities for the delivery of our messages, our price may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.

Credit Expiry

ExpertTexting doesn't have any credit expiry means all your funds will remain in your account until you consume it fully, However for all those account inactive for 6-months period with ZERO SMS Sending activity will be charge as $10 for each subsequent month under the subject of Contacts,Data,Account retention fee. This policy is announced dated August 29, 2018 and will have first charge of its kind starting from April 01, 2019. This policy is applicable on all paid accounts and sub-accounts(collective usage will apply on sub-accounts). If accounts have insufficient funds to charge retention fee, all data will be archived and ExpertTexting reserve right to charge $50 to bring it back to account.

No Warranty, Limitation of liability

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreement / Refund Policy

Both, the client and ExpertTexting, have the right to terminate any service agreement for any reason. These include the services that are already underway. Refund is only applicable on the transaction that is done within the last 6 months and latest one transaction only. If the transaction has been done with a promotional coupon or change of mind, it is non-refundable. Refunds apply to unused credits only and not to the one-time setup fee. Additionally, they do not apply to the monthly/quarterly lease of shortcodes or on renewals on dedicated numbers, SenderIDs, or of any other categories. Any SMS submitted using the ExpertTexting platform or API is charged upon submission irrespective of its final status. Hence, no refunds will be given for the services that are underway or are deemed to have begun. Breaching the terms and conditions may result in the suspension or termination of your account. In this case, ExpertTexting is not liable to give you any refunds.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

If you have any questions about this policy, please do not hesitate to direct care info@experttexting.com or fill out the contact form and we will contact you.

You acknowledge that acceptance of this policy is a condition to your use of our services and you agree to be bound by all of its terms and conditions.