TERMS OF SERVICE - Updated 2022
As long as you follow these Conditions of Use (“Terms”) below, MWPolitical Inc. (“Company”, “we”, “us” or “our”) permits you to use our software, subscriptions, apps, websites, SMS text messaging platform (the “SMS Platform”), and other products and services. By accessing or using the Services (defined below), you agree to (1) all terms and conditions in these Terms, (2) our privacy policy located on our website (“Privacy Policy”), (3) our Acceptable Use Policy (“AUP”), and (4) any other standard policies or community guidelines, if any, posted in our Services, which are all expressly incorporated herein and must also be observed and followed (clauses (1) thr "You" may refer to our enterprise customer and/or the individual end user subscriber who is a customer of such customer, as the circumstances warrants and as more explicitly set forth above.
Several of our Services require registration. You must not engage in any illegal, damaging, or disruptive actions on our Services, such as sending email or instant message spam.
Services
By accessing or using our Software-as-a-Service (SaaS) subscription service(s), website(s), mobile app(s), software, API(s), other product(s), service(s), data, or information supplied to you by the Company (collectively, as applicable, the “Services”), including without limitation by downloading, installing, or using any associated software, APIs, or apps supplied by the Company, including any for the purpose of enabling you to use the Services (collectively, Any reference to the "website(s)", "web site(s)", "site", "www.mwpolitical.com", or other similar references shall include any and all pages, subdomains, affiliated domains, brands, products, or other areas of our website, or any other affiliated sites or domains owned or operated by or on behalf of us, plus any online content, information, and services made available in or through the website. The Services comprise all parts of the website, app, or other product or service, including products, Software, applications, features, channels, and services. Content includes text, software, scripts, images, photographs, sounds, music, videos, audiovisual combinations, interactive features, and other things you may view on, access through, or contribute to the Services.
You must be 18 years old or older to use this website and the associated Services. The Services' content and information are not controlled under the Child Online Privacy Protection Act ("COPA") due to age limits. Internet exchanges all information and services. You must purchase and maintain any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, "Equipment"). Equipment security is your responsibility. You accept electronic messages. Company is privately owned and operated. Our websites and Services offer additional products, services, and content. We reserve the right to demand supplementary agreements as a condition of your use and/or purchase of such additional products, services, and/or content, which will apply in addition to these Terms.
The SMS Platform may offer text messaging (and may or may not include voice calls). The SMS Platform may include a peer-to-peer communication service (Peer-to-Peer Service) that allows text messaging (and possibly voice conversations) over regular 10-digit dialable telephone numbers ("Long Codes") and a short code service that allows individuals to sign up to be contacted and share their information via application-to-person messaging over a common short code ("Short Code Service"). This Agreement covers the use of the Services, including the SMS Platform, by entities and/or individuals who send an SMS or MMS message to a short code (if applicable), make a call (if applicable), or send a message to a long number maintained by one of our customers (an "end user" or "subscriber").
OPT-OUT. As mentioned below, subscribers, including you, can unsubscribe or opt-out of the Service at any time:
Stop messaging: To stop receiving text messages and calls from any of our customers, text STOP to the Short Code or Long Code. If you utilize the Service with numerous customers, we may send an automated message to explain which customer you want to stop receiving messages from. If you accidentally unsubscribe, we may send one confirmation message.
Begin: Text START to the Short Code or Long Code to resume accepting calls and texts from our customers. If you utilize the Service with numerous customers, we may send an automatic message to explain which customer you wish to restart messages and calls from.
With our Peer-To-Peer Service, text or contact the person's ten-digit number on your device to unsubscribe.
Email info@mwpolitical.com with your phone number and the number you received calls or messages from to unsubscribe.
If you think our customer uploaded your information without your consent, email us at info@mwpolitical.com
Opt-outs are tracked separately for each client. Unsubscribing from one of our clients lets you keep speaking with another.
SMS/MMS USAGE. This SMS/MMS Usage Policy protects our subscriptions from a few fraudsters. SMS/MMS usage is limited, and any subscriber who sends more than ten (10) messages without a response from our client may have their SMS Platform and/or other Services restricted or terminated.
Access and passwords
Several Services features require registration or account creation. Never use another's account without permission. Account creation requires correct and complete information. Unless otherwise noted, one person can use the Services after registering or subscribing and paying any fees. Your account activity and password security are your responsibility. If your account is compromised, inform Company immediately. You may be liable for Company's or others' losses from unlawful account usage, even though Company won't be liable for your losses. We reserve the right to refuse you access to the Services or any of its resources and to terminate or suspend your access at any time, without notice, if we believe the information you give is not valid, current, or complete.
Downloading material, software, or services requires a "download" or equivalent link from Company on the Services. Without Company's or the content's licensors' explicit consent, you may not duplicate, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content. Company and its licensors reserve all rights not explicitly granted in the Services and related content.
You undertake not to circumvent, disable, or otherwise interfere with security-related measures of the Services or features that prevent or restrict use or copying of any content or enforce limitations on the Services or their content.
You promise that any information you supply us is true, accurate, complete, and current and that you have the right to provide it in connection with your use of the Services. Follow our Acceptable Usage Policy.
Business is not required to supervise Services. Nonetheless, you understand and agree that Company has the right to monitor the Services electronically from time to time and disclose any information necessary or appropriate to satisfy any law, regulation, or other governmental requirement to properly operate the Services. Company has the right to refuse to post or remove any information or materials that it deems unsuitable, undesired, improper, or in violation of this Agreement.
We grant you a limited, nonexclusive, non-transferable license to access and use any Software, including subscription software as a service, during the term of this Agreement, solely by the number of authorized users and only up to the approved and mutually agreed usage volumes, as set forth on the applicable ordering document or as otherwise mutually agreed.
Except as expressly set forth herein, you shall not, and shall not attempt to (and shall not authorize or allow any third party to or attempt to): (a) download or otherwise obtain a copy of the Service (as applicable as such term is used herein, including any portion thereof) in any form; (b) reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Service or otherwise modify the Service; or (c) Except as otherwise set forth herein, the Service may be used I only by the number of persons for whom a license fee has been paid, and all such use may only be by those persons using the Service for your benefit in the course and scope of their employment, subject to the terms hereof, and only up to the approved and mutually agreed usage volumes (e.g., preapproved numbers of messages); (ii) only in its original form or combination with other products, services, or You undertake not to reproduce, duplicate, or imitate any concept, idea, business model, business process, product, service, or other intellectual property or other ideas or content inherent in the Services or learned from using or accessing the Services. You agree not to use the Services to violate any local, state, national, or international law, impersonate anybody, or misrepresent your identity or affiliation.
The SMS Platform may be used by you, subject to all other terms and conditions herein, to offer to and for the use of your customers (including call centers, b2b clients, universities, political campaigns, and other entities) and their customers/end users (collectively, "end users"). We are not liable for any duty you assign to end users. Your content and messages to, from, or between end users are your responsibility, not ours. End users will not be liable. We are not liable for end-user conflicts. Our disclaimers, warranty limits, and liability limitations apply to you and end users. You must fully disclose to end users the same terms as above for SMS Platform use. Don't say otherwise. All of the above standards and constraints must be clearly and conspicuously communicated to your end users, including in any posted terms and conditions and policies and in any written agreements. You undertake to indemnify, defend, and keep us harmless from any accusation, loss, liability, claim brought against us by end users or otherwise arising out of any breach of this paragraph and for any allegations, claims, or disputes between you and end users.
We grant you a limited, revocable, and nonexclusive right to create a hyperlink to our publicly available portions of the Services, subject to the terms hereof, provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner and that you do not i-frame them, alter the content, or imply a relationship therewith. Without our explicit approval, you may not use any logo, trademark, or tradename on this site or any proprietary graphic image in the link.
Each party will treat the other's confidential information as secret and use reasonable and industry-standard steps to protect it. "Confidential Information" includes the Services, documentation, and information about their functioning, as well as any other information obtained from or about a Party or the Services that a reasonable person would or should understand to be confidential or proprietary. After this Agreement, each party will return or delete the other's Confidential Information. Each party understands and agrees that the other party shall be entitled to seek equitable remedy in any court of competent jurisdiction without posting bail and in addition to other remedies available under law or equity. This Agreement's confidentiality obligations endure.
This Section highlights some of your major obligations, however headers and section titles are for convenience only, and you are bound by all of this Agreement.
Publications and licensed content
We will use reasonable efforts to protect the confidentiality of certain personally identifiable information you submit to us (e.g., your address and credit card information submitted by you initially for the purpose of subscribing to the Service) ("Personally Identifiable Information"), in accordance with our Privacy Policy posted on our website.
Public profile data, feedback, questions, comments, recommendations, uploads, blog entries, ratings, reviews, photos, videos, poll replies, etc., posted via the Services or otherwise (collectively, "Public Postings") are or may be visible to the public. Public Postings are non-confidential and non-proprietary. Public Postings and their effects are your responsibility. This includes your address, others' addresses, and your location. Publicly sharing or posting personal or other information on the Services is not our responsibility.
By providing any Public Posting, you I grant Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content worldwide in all media and (ii) license to us all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Services pursuant to You also relinquish all moral rights in Public Postings.
Content and Public Postings are your responsibility. You warrant that you own or have the relevant licenses, rights, consents, and permissions to publish content you upload or submit. You further agree that Public Postings shall not contain third-party copyrighted or proprietary material unless you obtain permission from the rightful owner or are otherwise legally permitted to post the material and grant us all of the licensing rights granted herein. You also agree not to upload information or other material to the Services that violates any posted "community rules" or similarly titled document, which may be updated from time to time, or any local, national, and international laws and regulations.
We disclaim all duty for any content contributed to the Services by users or other licensors, including any opinion, recommendation, or advice. If properly reported, we shall delete all content that infringes on another's intellectual property rights on the Services. Pornography, obscenity, and excessive length may violate this Agreement. We may remove such content and/or terminate a user's account or otherwise prevent access for posting such material in violation of this Agreement at any time, without warning and in our sole discretion.
User input and data errors are not our responsibility. We are not responsible for end user fraud, misrepresentation, negligence, or misbehavior.
Neither party shall issue or release any announcement, statement, press release, or other publicity or marketing materials relating to this Agreement or otherwise use the other party's trademarks, service marks, trade names, logos, domain names, or other indicia of source, affiliation, or sponsorship without the other party's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. We may also compile a case study about your access and use of the Services, including testimonials from you or your users, aggregated statistics from your use of the Services, and other informational material. You agree to provide reasonable assistance and timely responses in our case study preparation and own the content.
Payments and fees
You agree to pay Company for any Services that demand a fee or incremental payment or subscription. You authorize Company to charge your credit card or other payment authorisation using the Services. Update billing and payment details. You agree to pay all account charges, including taxes, fees, and surcharges. You allow and order us to charge your selected payment method for these charges or, if it fails, any other payment method on file with us. You also authorize us to store payment method information. You agree to pay all monies owing upon demand if your specified payment method or any other payment method on file does not pay us. Even if you cancel or we terminate your account, you are responsible for unpaid charges. During any free trial or promotion, you are still responsible for account purchases and surcharges.
After 30 days of unpaid charges, your fee-based Services will be delinquent and we may cancel or suspend them. If your payment is more than 30 days late, we may charge 2 percent (or the highest amount allowed by law, whichever is lower) per month and utilize any legal methods to recover unpaid costs. We may charge you attorney and collection fees to collect any remaining balances.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you, your children, family, friends, or any other person with implied, actual, or apparent authority, or anyone who gains access to your account due to your failure to safeguard your username, password, or other authentication credentials or information. We may adjust our rates with 30 days' notice unless otherwise agreed in writing.
SMS Platform messages are charged at usual rates. Depending on your carrier, SMS Platform text messages and voice calls may count toward a quota. Ask your carrier about voice, text, and quotas.
Limited warranties
If you signed up for a term or period for fee-based Services, you must pay for the complete duration. If you did not subscribe for any minimum duration, you may cancel at any time with 30 days' notice and stop using the Services without being charged. Any charges and activity accrued before your Services termination date will remain your responsibility after termination. Company makes commercially reasonable attempts to offer current and accurate information, but can not guarantee accuracy. In compliance with the Privacy Policy, Company makes commercially reasonable efforts to secure your sensitive information from unauthorized third parties and system failure. Services may be momentarily unavailable for scheduled or unscheduled emergency maintenance by us, third-party providers, or other circumstances beyond our reasonable control. We don't guarantee the Services' reliability or outcomes.
The Services, Website, and Related Information, Content, and Materials are provided "as is." Except as expressly stated in this agreement, we disclaim all warranties, express or implied, including warranties of merchandability, fitness for a particular purpose, title, non-infringement, non-interference, system integration, and data accuracy. We cannot guarantee uninterrupted, error-free, or virus-free service. Though password-protected, we do not guarantee the security of any information transmitted to or from the Services, and you agree to assume the security risk for any information you provide through the Services.
Liability limits
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE or inability to use the Services, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT IT.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, AND LIABILITIES, INCLUDING REASONABLE ATTORNEYs' fees, INCURRED BY US OR SUCH PARTIES AND/or arising out of or resulting from This Agreement and Your Use of the Services Will Survive Your Defense, Indemnification, and Hold Harmless Obligations.
ANY PARTY, INCLUDING YOU, USES THE SMS PLATFORM OR OTHER SERVICES AT THEIR OWN RISK, WITHOUT WARRANTY. DO NOT SEND ANY EMERGENCY OR HIGH-RISK MESSAGES, INCLUDING ANY USE WHERE THE SERVICE FAILURE COULD CAUSE SERIOUS RISK, INCLUDING INJURY TO PERSONS OR PROPERTY OR A LIFE-THREATENING SITUATION. Do not use the SMS Platform or other Service to (and we are not responsible if you) provide any regulated advice (such as, without limitation, medical/health, legal, tax, or financial advice or services) via the SMS Platform or other Services. You are responsible for any and all necessary certifications, qualifications, licensing, professional licenses or degrees, and approvals for your services and content, and the Service should not be relied upon as a substitute. End users should consult their lawyer, doctor, financial adviser, tax advisor, accountant, or other relevant expert.
You agree that the Website and associated Services provide general information "as is". If you use the Services to provide services, content, or messages in a heavily regulated industry, such as medical, legal, tax, or financial advice, you are fully responsible for all such services and represent and warrant that you are appropriately qualified and certified to do so, possessing all necessary licenses and permits. You indemnify us if you or your agents fail to do so or follow applicable laws, rules, and regulations, industry standards, or best practices. You may use the Services as an assistance for informational purposes only, but you must apply due diligence and your own judgment when making decisions based on any information, analytics, or reports produced from the Services.
Acts of God, civil or military authorities, fires, riots, wars, embargoes, Internet interruptions, hacker attacks, communications failures, and other force majeure are not our responsibility.
If we breach this Agreement, your sole remedy is to collect direct damages up to six months' Services price (or USD$10.00 if the Services are free) from us or our affiliates, resellers, distributors, and vendors. You cannot recover direct, consequential, lost profits, special, indirect, incidental, or punitive damages. If this remedy doesn't fully compensate you for losses, fails its basic purpose, or we knew or should have known about the damages, these limits and exclusions apply. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement, including, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; o If your state, province, or country prohibits the exclusion or limitation of incidental, consequential, or other damages, some or all of these limits or exclusions may not apply.
Term length
This Agreement will last until you or we terminate it. After termination, sections III through XV of this Agreement will apply to your prior usage of the Services. You may terminate this Agreement at any time and for any reason by giving Company notice in the manner stated in this Agreement or by canceling your Services access using the tools provided within the Services. If you breach this Agreement, we may terminate or stop your Services access without notice. Company has the right to cancel this Agreement at any time and for any reason by sending you an email or other reasonable notice. You agree that Company will no longer offer the Services or access to them once this Agreement is terminated. Any licenses and other rights given to you by this Agreement, if any, will immediately stop upon termination, but your licenses to us will persist, and certain of your responsibilities, including payment obligations, will survive in line with the conditions hereof.
Terms change
Business may alter Service prices. If you provided a valid email address, we will notify you through email and/or by posting notice of the pricing changes on the Services (which may consist of publishing the changes on our website). Changes shall take effect 30 days after notice or 30 days after posting on the Services. You can only terminate this Agreement if you disagree with such changes.
Service changes
We reserve the right to modify or cancel the Services at any time without notice, including adding or removing features, functionality, third-party content, etc. Continuing use of the Services after notice of such modifications indicates your approval and contentment with the amended Services.
Ownership.
We and/or our vendors and suppliers, as applicable, retain all right, title, and interest in and to the Services, the website, and all information, content, Software, and other software and materials provided by or on our behalf, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including any data input by or on our behalf. We will not sell or use your personally identifiable information, including phone numbers.
You undertake not to duplicate, reproduce, distribute, or make derivative works from any information, content, software, or materials provided by us or remove any copyright or other proprietary rights notices without the copyright owner's prior written approval.
Our websites and other Services contain our or third-party material unless otherwise noted. U.S., international, and foreign copyright laws protect these contents as a collective work or compilation.
Feedback is appreciated. Nonetheless, you agree that I submitting unsolicited ideas to us automatically forfeits your claim to any intellectual property rights in such ideas, and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
We manage the Services from the US. This site is not available outside the U.S. This Agreement still applies to non-U.S. use. The Services are not available in illegal jurisdictions. You undertake not to access or use any Services information or materials in violation of U.S. export laws or local laws. Our servers in the US or other countries where we, our affiliates, subsidiaries, or agents have facilities may store and handle any personal information we acquire over the Services. You consent to the transfer of personal information outside your country of residence to such locations.
Third-party material
Third parties may provide Services content, including ads. Business does not edit such stuff. Third parties, including suppliers and vendors, advertisers, customers, and users of the Services, may express or make available opinions, advice, statements, services, offers, or other information as part of the content. Company, its affiliates, officers, directors, employees, and agents are not responsible for such content. The Services often feature third-party opinions and judgments, whether or not under contract with Company. Advertisers offering their products, services, or information on this site may contact or promote you. You and each third party are entirely responsible for any correspondence, participation, delivery, and payment for products, services, or content. Company does not endorse or verify any opinion, advise, submission, posting, or statement on the Services. Company, its affiliates, and their officers, directors, employees, and agents are not liable for any loss or damage caused by your reliance on material or other information acquired from the Services.
APIs or browser extensions may connect the Services to third-party services. The Services may use third-party APIs and browser extensions, but Company has no affiliation, association, endorsement, or sponsorship with any other third-party services with which it integrates or interacts (collectively, "Third Party Services"). Company makes no claim, guarantee, or warranty of any sort, type, or character about Third Party Services or Company's or any User's compliance with Third Party Conditions. Each User must interpret and comply with Third Party Terms. Users are responsible for interpreting Third Party Conditions and complying with them. By using the Services, you release and waive any and all claims or claim rights that you may have against Company and release and indemnify Company against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies, or any other rules or regulations of such third parties.
We may use social logins, allowing you to login to the Services using third-party authentication services like Facebook, Twitter, LinkedIn, Google, or others. You realize that these Third Party Services are not endorsed by us or vice versa, that we are not responsible for their logins, systems, or data, and that by using such third party logins, you may be subject to their privacy policies and other terms of use.
You acknowledge that the Services expose you to content from a variety of sources, and we are not responsible for its truth, usefulness, safety, or intellectual property rights. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto and to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding such content.
Company may provide one or more links to third-party web sites or services and/or email contacts for third parties as a convenience to you. Company does not promote such third parties or represent or guaranty anything that takes place between you and them, including visits to third party web sites, services, email correspondence with third parties, and business or other transactions with third parties found through the Services. Even if a Company link or logo appears on a website connected from our website or our other Services, such third parties are independent from Company. Read third-party sites' terms of use, privacy, and other policies. For instance, we may outsource certain Services to third parties, who may have access to sensitive data under their own policies.
If you are a copyright owner or agent and feel that any content on our Services infringes on your copyrights, you may notify our Copyright Agent in writing (see 17 U.S.C 512(c)(3)):
An authorized person's physical or electronic signature;
Identification of the copyrighted work claimed to have been infringed, or a sample list of such works at an internet site if many works are covered by a single report;
Identification of the material claimed to be infringing or subject to infringing behavior and information reasonably sufficient to allow the service provider to discover it;
Information that allows the service provider to contact you, such as an address, phone number, and email, if available;
A statement that you have a good faith conviction that the copyright owner, its agent, or the law does not authorize use of the content in the way complained of; and
A statement that the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right allegedly infringed under penalty of perjury.
Company's Copyright Agent receives infringement notifications at info@mwpolitical.com. You agree that your DMCA notification may be invalid if you fail to comply with this Section.
If you feel that your content that was removed (or to which access was disabled) is not infringing, or that you have permission from the copyright owner, the copyright owner's agent, or the law to post and use the material in your content, you may send a counter-notice to the Copyright Agent:
Signing;
Identification and location of removed or disabled material;
A statement that you have a good faith conviction that the content was removed or disabled by error or misidentification; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept serving of process from the individual who reported the alleged infringement.
If the Copyright Agent receives a counter-notice, Company may send a copy to the original complaining party alerting them that it may replace or disable the content in 12 business days. The withdrawn content may be replaced or restored in 12 or more business days after receipt of the counter-notice, at Company's exclusive discretion, unless the copyright owner brings an action seeking a court order against the content provider, member, or user.
Class-action waiver and arbitration
BINDING ARBITRATION AND CLASS ACTION WAIVER ARE IN THIS SECTION. That affects your dispute-resolution rights with us.
Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) regarding your relationship with us, including disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and publicity, may, in our discretion, be resolved by binding, individual arbitration. If allowed by the small claims court, you can bring your claim there. Only you can sue. You agree not to engage in class actions or class-wide arbitration for claims covered by this Agreement. If we are a party, you agree not to participate in private attorney general or representative claims or consolidated claims involving another person's account. The US Federal Arbitration Act applies to this dispute resolution option. If the American Arbitration Association fails to set a hearing date within 160 days of filing the case, we or you might choose Judicial Arbitration and Mediation Services. Any competent court can rule on the arbitrator's award. The arbitrator cannot award damages, remedies, or awards that violate these Conditions of Use, regardless of applicable law. Arbitration is optional. If you do, neither of us can force the other to arbitrate. You must opt out in writing within 30 days of initially becoming subject to this arbitration clause. Opt-out at this address:
Include your name and address, your account email address, and a clear explanation that you want to opt out of this arbitration agreement. If the above limitation against class actions and other claims brought on behalf of third parties is unenforceable, the previous text in this Arbitration section will be null and void. This arbitration agreement will outlast our breakup.
You shall comply with all laws, rules, and regulations now or hereafter promulgated by any government authority or agency that apply to your use of the Services, the messages or content you post or send through the Service, or the transactions contemplated in this Agreement, including the Telephone Consumer Protection Act of 1991 (“TCPA”), and all industry standards, self-regulatory guidelines, and best practices, including a As set forth in Article XVI below, you and we are solely responsible for complying with such laws with respect to your use of the Services and any messages or content you publish or send over the Service. Any attempt by you to sublicense, assign, transfer, or extend the scope of this Agreement is void. If Company is sold to a third party, it will not transfer personal information if the third party agrees to undertake Company's obligations under these Terms of Services and any associated Privacy Policy. Washington, D.C. law, excluding conflict of law rules, governs this Agreement, the Services, and the parties' rights and duties. You agree that the statutes and laws of Washington, D.C., without respect to conflicts of law rules, will apply to all matters arising from or connected to the use of the Services. You further consent to the exclusive jurisdiction and venue of the Washington, D.C. courts for such disputes. This agreement supersedes all prior agreements between you and Company about the subjects contained herein and governs your use of the Services. This Agreement's rights and provisions are not waived by Company's inaction. If a court of competent jurisdiction finds any provision of this Agreement unlawful, the parties agree that the court should seek to give effect to the parties' intentions as represented in the provision, and the other sections hereof shall continue in full force and effect.
Our Duties
We warrant that the Services comply with all applicable laws, rules, and regulations, including the TCPA.