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Terms & Conditions

OIR Interactive LLC provides its Text Message Marketing Application, "SMS Marketing" solely to enable businesses and organizations a communication tool to collect user mobile numbers and to create, launch and manage text messaging services. If using a shared SMS Marketing short code, approvals must be gained prior to submitting a campaign.

OIR Interactive LLC grants you rights to make use of our exclusive application and this account should be used in confidence and not shared with anyone outside of your organization. By clicking the "Create Account" button on the registration page and by completing the registration process, You agree to be bound by all of the Terms and Conditions herein. As a self-service application, You alone understand, acknowledge and agree, that You,

OIR Interactive LLC or the directors of the company shall not be held liable for the content of the messages or the sending of the messages to un-authorized users. We have the right at any time to suspend your account if we believe you are in breach of the terms and conditions accepted by you or those you assign your password.

USAGE AND MONITORING

You may use the Site only as intended by OIR Interactive LLC. While OIR Interactive LLC has no obligation to monitor the site and is not responsible for your conduct, OIR Interactive LLC reserves the right to suspend, prohibit, deny access, edit, or take other appropriate action with respect the Services it believes may be (or is alleged to be) in violation of the Terms of Use foregoing to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.

FREE TRIAL, FEES AND PAYMENT

If you used a free trial and once it is completed, You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and are required to purchase, in advance, a monthly subscription for the application. Access to the Services will be unavailable until payment is received.

The Fees are based on the Package chosen and other associated Services you select. You are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by OIR Interactive LLC. The Pricing Schedule, including text messages fees, is subject to change at any time at OIR Interactive LLC's discretion. OIR Interactive LLC will attempt to notify you 30 days in advance of any change to the Pricing Schedule.

Payment for Services will be made by a valid credit card. Fees are payable in US dollars. If you have previously provided your credit card for payment, you hereby authorize OIR Interactive LLC to charge your credit card for such amounts. Amounts paid for sent messages not refundable.

You acknowledge and agree that you are responsible for paying Fees for all text messages sent through OIR Interactive LLC under your account regardless of whether delivery of such messages to their intended recipients is delivered, prevented or possibly blocked by any third party.

Additional service(s) from OIR Interactive are available and will be individually quoted. We will not commence such service(s) until a confirmation of such is agreed in writing prior to by You and Us and payment for the Services has been made.

UNAVAILABILITY OF SERVICE

SMS Marketing may be unavailable for numerous reasons such as to implement changes, upgrades and maintenance. We will use reasonable endeavors to perform the activities which requires the unavailability of the services, or which is reasonably likely to have an adverse effect upon the services between the hours of: 3am – 6am Eastern Standard Time. In the case of un-planned maintenance OIR Interactive LLC shall provide as much advance notice to clients as is reasonably commercially practicable. OIR Interactive shall use its reasonable endeavors to conduct these activities under this paragraph to minimize adverse impact on clients.

You are using a shared short code. It must be remembered that as the shortcode is shared and there is always the risk of the code being suspended because of another customer's actions. OIR Interactive LLC will try to perform pre-sales checks on all clients, but we cannot guarantee that there will never be a loss of service. If you require absolute reliability, OIR Interactive LLC recommends that You use a dedicated shortcode which We can acquire on your behalf.

RESTRICTIONS AND RESPONSIBILITIES

You are the sole proprietor and user of Your account and subscriber information. OIR Interactive LLC will for no reason utilize the account or information for its own purposes or that of others, unless specified by You in writing or required by law. OIR Interactive LLC ensures the data is protected through a secure user name and password access point. Subscriber's personal data is encrypted when stored and for data protection an offsite back-up is created every 24 hours.

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, patents, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

Unless you are authorized by OIR Interactive LLC, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by OIR Interactive LLC in connection with the Services. Violation of these restrictions may result in the termination of this Agreement and legal action.

You acknowledge and agree that the Services and the OIR Interactive LLC company names and logos and all related product and service names, design marks and slogans, are the property of OIR Interactive LLC or its affiliates or suppliers. You are not authorized to use any of the Names and Logos in any advertising, publicity or any other commercial manner without the prior written consent of OIR Interactive LLC Your use of the Services confers no title or ownership in the Services, the Software or the Names and Logos and is not a sale of any rights in the Services, the Software or the Names and Logos.

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the Code of Conduct, the United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. If you receive special discounts, OIR Interactive LLC reserves the right to change those discounts at anytime. In the case of any change in status, discounts may no longer apply.

ELIGIBILITY

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

SECURITY

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time available in the My Account page in the SMS Marketing application. You agree to notify OIR Interactive LLC immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform OIR Interactive LLC Customer Service of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until OIR Interactive LLC is notified by speaking with one of us of a breach in security, you will remain liable for any unauthorized use of the OIR Interactive LLC's Service through your account. In consideration for using the OIR Interactive LLC Service, you agree to: (1) provide certain current, complete, and accurate information about you and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Account page sign-up is inaccurate, OIR Interactive LLC reserves the right to terminate your account immediately and your right to use the OIR Interactive LLC Service.

NO ENDORSEMENT

Links to other web sites do not imply an endorsement of the materials disseminated by publishers at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. OIR Interactive LLC is not responsible for the materials contained at any web site linked to this site.

DISCLAIMER

EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN, THE SERVICES OFFERED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. OIR Interactive LLC reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at anytime. Neither OIR Interactive LLC nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. OIR Interactive LLC reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OIR Interactive LLC.

YOUR RESPONSIBILITY AND RISK

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on-or-through the Site or on the Internet generally.

Neither OIR Interactive LLC nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use of OIR Interactive LLC's Services, including, without limitation, usage charges for mobile phones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

INDEMNITY

You shall indemnify and hold OIR Interactive LLC, its Officers and Directors harmless from any and all claims, damages, liabilities, expenses (including without limitation attorney's fees), actions, demands, losses and causes of action arising from OIR Interactive LLC's provision of services under this Agreement, and from any negligence or willful acts or omissions of You or its employees unless such are the result of OIR Interactive LLC's negligence or willful acts or omissions. OIR Interactive LLC shall indemnify and hold You, Your Officers and Directors harmless from any and all claims, damages, liabilities, expenses (including without limitation attorney's fees), actions, demands, losses and causes of action arising from any negligence or willful acts or omissions of OIR Interactive LLC.

JURISDICTIONAL ISSUES

This website is controlled and operated by OIR Interactive LLC from its offices in North Myrtle Beach, South Carolina, United States of America. OIR Interactive LLC makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LIMITATIONS OF LIABILITY

Our maximum liability under or in connection with this Agreement (regardless of form of action, whether in contract, negligence, tort or otherwise) shall not exceed the amount paid by you, if any, for using Our Service. In no event shall We be liable for any indirect, special, consequential, incidental or punitive damages (including without limitation lost profits, opportunity costs, etc.) under or in connection with this Agreement, even if We have been advised of their possible existence.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by calling OIR Interactive LLC's Customer Service. There are no refunds for any fees paid. OIR Interactive LLC may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. OIR Interactive LLC shall have no liability to you or any third party because of such termination or action.

All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified (at OIR Interactive LLC's sole discretion) as inactive for over 30 days, OIR Interactive LLC has the right to permanently remove your subscriber data and delete the account. OIR Interactive LLC will attempt to contact you via email prior to taking any permanent removal actions.

MISCELLANEOUS

The headings contained in this Terms and Conditions of Use are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions of Use, and You do not have any authority of any kind to bind OIR Interactive LLC in any respect whatsoever.

In the event either Party files lawsuit, or any counterclaim in a lawsuit filed by the other Party, regarding this Agreement or the respective rights of the Parties hereunder, then the prevailing Party in such lawsuit or counterclaim shall be entitled to recover such Party's reasonable attorneys' fees and court costs and fees from the other party.

Communications made through the "SMS Marketing" system shall in no way be deemed to constitute legal notice to OIR Interactive LLC or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against OIR Interactive LLC or any of its agencies, officers, employees, agents or representatives, where notice to OIR Interactive LLC is required by contract, or any federal, state or local laws, rules or regulations.

All notices, requests, demands, claims, and other communications hereunder will be in writing and addressed to the intended recipient as set forth below:

OIR Interactive, LLC
1019 Hwy 17 South
North Myrtle Beach, SC 29582

For HELP with your text messaging needs please contact support@smsmarketing.com or call (888) 441-1183.

To STOP receiving text messages from shortcode 55958, please text STOP to 55958 or email us at support@smsmarketing.com with the cell phone number you would like removed and a written request to opt-out of the text messaging program.