Legals

We’ve Updated our Terms of Service and Acceptable Use Policy

We have made updates to our Terms of Service, and Acceptable Use Policy. These updated terms are effective on January 20, 2020 for all customers agreeing to these Terms of Service for the first time

Please carefully review our arbitration policy because they limit our liability to you if something goes wrong. Also, if we get into a dispute, we’ll have to figure it out in arbitration.

 

We are not a data storage company. So we don’t promise to keep or store your data on Anotherline.com. In fact, we might have to disclose your data if: The law requires, we need to protect Anotherline.com, other customers or the public, or there is an emergency. In your use of our software and / or services, you will upload or otherwise provide contact information or contact lists, often including Names, Phone numbers, email addresses and other information. We acknowledge your ownership rights in such contact lists and contact information. We will never use, sell, or rent your contact lists to anyone without your permission.

 

If you buy a short code through us, or long code numbers only use them how you said you would use it. And be sure you don’t ever use Anotherline.com to break the law, to violate these terms, to violate any Federal, State or Provincial Laws, or to violate someone else’s rights. Do make sure that Anotherline.com is allowed to use your data as needed to provide you the service.  We have the right to ask you further business verification questions and may choose to disable your account and refund your subscription in full if we determine your account in any way does not align with our terms of service.

 

IIf you don’t send enough traffic on a phone number, or short code then we may have to take it back or remove the keywords associated with said number(s). This is because some states require a minimum amount of use for each phone number. If the minimum isn’t met, they take back those numbers so that they can give to someone else who’s going to actually use them. This is definitely a big deal in regions that are running out of phone numbers with certain area codes.

 

Technically, Anotherline.com is the “customer of record” for the phone numbers we give you. We cannot  let you “port away” a phone number or short code.

 

You must follow U.S. export and economic sanctions laws. Also, the U.S. government publishes lists of people that U.S. companies aren’t allowed to do business with. If you use Anotherline.com, then you are swearing that neither you nor your company is on any of those lists.

 

Generally speaking, we are not going to owe you for any bad things that might indirectly result from Anotherline.com not working as intended, like lost business. Any direct damages we might owe you are capped at the amount you’ve paid us in the 12-month period prior to the damages.

 

You may not to use Anotherline.com to call for emergency services. If something bad happens because you or someone using Anotherline.com under your account tries but is unable to reach emergency services, then Anotherline.com is not and cannot be held responsible.

 

 

Agreement to Arbitrate

 

Please, please, please reach out to our Customer Support Team (they’re amazing!) before bringing a legal case.

 

Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.

 

If our Customer Support Team can’t help you, then we both agree to go to binding arbitration.

 

Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury deciding the case.

 

We Both Agree to Arbitrate. If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and Anotherline.com and any of Anotherline.com’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in Phoenix, Arizona, or in another location that we have both agreed to.

 

This applies to all claims under any legal theory, unless the claim fits in one the exceptions (Exceptions to Agreement to Arbitrate below). It also applies even after you have stopped using your Anotherline.com account or have deleted it. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

 

Exceptions to Agreement to Arbitrate. You and your affiliates on one hand, and Anotherline.com and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:

 

Your, your affiliate’s, Anotherline.com’s or Anotherline.com’s affiliates intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

 

Your violation of Anotherline.com’s Use Policy.

 

Also, any of us can bring a claim in small claims court either in Phoenix, Arizona, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

 

In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

 

If we arbitrate, then we’ll do it through the American Arbitration Association (AAA). Before we even arbitrate, though, we’ll try mediation with a AAA mediator. If mediation doesn’t work, then we’ll go to arbitration through AAA with only one arbitrator (one is so much easier). And remember, the arbitrator’s decision will be final and binding.

 

Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

 

The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Arizona and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.

 

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

 

Class Action Waiver. Both you and your affiliates, on one hand, and Anotherline.com and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor Anotherline.com and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Anotherline.com customers, and cannot be used to decide other disputes with other customers.

 

If a court decides that this section (Class Action Waiver) is not enforceable or valid, then the entire Section  (Agreement to Arbitrate) will be null and void (i.e., go away). But, the rest of the Terms will still apply.

 

 

URL for Customer Info: Anotherline.com

 

Customer Care E-Mail: support@Anotherline.com

 

The mobile carriers are not liable for delayed or undelivered messages. Participating Carriers include: Ntelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless.

 

Communications

 

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or replying STOP to end to our text messages.

 

Anotherline.com is not responsible for lost or undelivered messaging. Factors often out of our control such as: Poor Signal, Network congestion, Carrier Outage, Low Battery, Device out of service range, Device turned off, Plan blockages and other outside factors are ones in which Anotherline.com is not liable for. No refunds will be assessed for lost or underlivered messages.

 

Accounts

 

When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate. We reserve the right to immediate termination of your account on the Service if there is any missing or inaccurate information.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that Anotherline.com (Ripstyles LLC) is, under no circumstances, responsible for the contents and/or accuracy of your messages and Anotherline.com, Ripstyles LLC will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. Anotherline.com (Ripstyles LLC) will not be liable for any misuse of the Services by you. Anotherline.com (Ripstyles LLC) is not responsible for the views and opinions contained in any of your messages or broadcasts.

 

Disclaimer of Warranties.

 

The site is provided by Anotherline.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Anotherline.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Anotherline.com shall have no liability for any interruptions in the use of this Website. Anotherline.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

By adding your credit card and using our system, you understand and agree that Anotherline.com is a merely a service that enable you to upload your explicitly opted in contacts and helps organize them by lists. You can then choose to send and receive SMS/Text/MMS messages and voice messages. You understand that the service may enable you to select voicemail boxes or extensions, apply keywords on the number or short code that you’ve selected. Anotherline.com Texting and Voice service merely sets up the messages that you send and the service we provide does not deliver your message to its final destination. It is the choice of your mobile carrier to accept or reject messages or calls you send. Therefore, Anotherline.com does not guarantee delivery or timely delivery. By creating and/or scheduling a campaign you agree you have read and understand Anotherline.com’s Terms of Use, Service, Privacy Policy and other legal agreements as listed here. Illegal, obscene or sexually oriented messages are not allowed. Anotherline.com does not provide lists of phone numbers and we don’t access our clients’ contact lists. We are a 100% opt-in service. Additionally, visit our Privacy Policy, & read any Anti-Spam information we provide to learn about our position on your privacy, data, and how we handle SPAM. *Msg&data rates may apply in the US and Canada for Standard message. We only operate in the USA and service in both the USA and Canada. To opt-out of any Anotherline.com texting service, or black list a number be sure to respond with the single word STOP to any text you receive from our clients and for voice be sure to report this issue to support@anotherline.com. All messages on our system are monitored and your IP address is logged.

 

 

Limitation of Liability

 

Anotherline.com SHALL NOT be liable for any damages whatsoever, and in particular Anotherline.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Anotherline.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. IN NO EVENT WILL Anotherline.com OR ITS AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION, SHIPMENT, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM: YOUR ACTS, DEFAULTS OR OMISSIONS; YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER PERTINENT INFORMATION;ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON OR ENTITY OTHER THAN Anotherline.com,INCLUDING OUR COMPLIANCE WITH VERBAL OR WRITTEN INSTRUCTIONS FROM THESENDER, RECIPIENT OR PERSONS CLAIMING TO REPRESENT THE SHIPPER OR RECIPIENT; OUR INABILITY TO PROVIDE A COPY OF THE DELIVERY RECORD OR A COPY OFTHE SIGNATURE OBTAINED AT DELIVERY; OUR FAILURE TO PROVIDE A VALID SHIPPING ACCOUNT NUMBER IN GOOD CREDIT STANDING IN THE BILLING INSTRUCTIONS ON SHIPPING DOCUMENTATION; OUR FAILURE TO NOTIFY YOU OF ANY DELAY, LOSS  OR DAMAGE IN CONNECTION WITH YOUR SHIPMENT OR ANY INACCURACY IN SUCH NOTICE; OUR RELEASE OF SHIPMENTS WITHOUT OBTAINING A SIGNATURE IF A SIGNATURE RELEASE IS ON FILE. NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE AGREEMENT FORM

 

 

Modifications and Interruption to Service

Anotherline.com reserves the right to modify or discontinue the Services or products with or without notice to the Member. Anotherline.com shall not be liable to Member or any third party should Anotherline.com exercise its right to modify or discontinue the Service or product. Member acknowledges and accepts that Anotherline.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

Accounts

 

You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

 

Capacity to Contract

 

You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.

 

Typographical errors

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled within 30 days, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

Privacy Policy

 

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users (“Privacy Policy”). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions

 

Feedback

 

We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

 

 

Right to Download

 

You may download Content displayed on the Anotherline.com website for noncommercial personal use, provided you also retain all copyright, trademark, and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media. Modifying, transmitting, distributing, reusing, reposting, “framing” or using the Content of the Anotherline.com website (including text, images, audio and/or video) for public or commercial purposes without written permission from an authorized Anotherline.com representative is strictly prohibited.

 

Proprietary Right

 

All Content included on or comprising the Anotherline.com website — including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (“Content”) is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws, and Anotherline.com owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.

 

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part.

 

Anotherline.com logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Anotherline.com and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.

 

By using the Anotherline.com website, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Anotherline.com or any third party using the Anotherline.com website are non-confidential. By submitting solicited or unsolicited information using the Anotherline.com website, you grant Anotherline.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

 

Applicable Law

 

The Anotherline.com website is created, operated, and controlled by Anotherline.com in the state of Arizona, United States of America. Arizona state laws will govern legal notices without giving effect to any principles of conflicts of law.

 

 

Links to Third-Party Websites

 

The Anotherline.com website contains links to other sites, including but not limited to third-party sites that display the Anotherline.com trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose.

 

Anotherline.com does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Anotherline.com website does not constitute sponsorship, endorsement, approval, or responsibility. Anotherline.com makes no representation or warranty as to any products or services offered on any third-party site.

 

Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Anotherline.com website. Please review the conditions of use for all third-party sites and for more information about the terms and conditions that apply to them.

 

From time to time Ripstyles LLC DBA anotherline.com may drive advertising to our site or our affiliated sites my advertise for anotherline.com. From time to time this may be financial education in nature. Neither Anotherline.com (Ripstyles LLC) nor its employees and affiliates are registered as investment advisors or broker/dealers in any jurisdiction. promotion are in no way sponsored, endorsed or administered by, or associated with Anotherline.com. You understand that after providing your information we will match your specific requirements to our network of providers to help you compare rates, connect with a licensed professionals, and find the most appropriate products or offers for your investment objectives. By participating in any promotions you agree to a complete release of Anotherline.com from any claims. Please note that Anotherline.com has not independently reviewed the validity of the claims or statements contained within any sponsorship or advertisements from or by our affiliates and partners, and we are not responsible for any errors or omissions. Futhermore, THIS IS NOT A RECOMMENDATION TO BUY OR SELL ANY SECURITY! Use of this report /advertisement /release/website is bound by the terms of use and disclaimers found on the Anotherline.com website and is to be read and fully understood before using our site(s), joining our email list or reading our newsletter. Readers should always do their own due diligence and consult a financial professional before making any type of investment. Information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. Anotherline.com or its editors and publications do not advocate the purchase or sale of any security or investment. Investments recommended in this publication should be made only after consulting with your investment advisor and only after reviewing the prospectus or financial statements of the company in question. Release of Liability: Through use of this website viewing or using, you agree to hold Anotherline.com, its operators, shareholders, employees and/or contractors harmless and to completely release them from any and all liability due to any and all loss (monetary or otherwise), damages (monetary or otherwise) that you may occur. Rule 17B requires disclosure of payment for investor relations. Anotherline.com is a newsletter publisher as well as a marketing and PR firm. Anotherline.com may disseminate news and provide media advertising and public awareness for both public and private companies. As such, in some cases, when Anotherline.com advertises for a particular client, Anotherline.com charges an advertising fee which it must disclose under 17B. The fee is in cash and compensation agreements are fully disclosed on the sites below. Privacy Notice: We do value your privacy! Anotherline.com will never abuse your e-mail address. It is solely for the purpose of sending you Anotherline.com newsletters and updates from Anotherline.com.com and our affiliate websites, products and services. Should you wish to unsubscribe at any time, instructions are included with each e-mail for removal from Anotherline.com subscriber file. No part of this report may be reproduced or placed on any electronic medium without written permission from the publisher. Copyright 2020, Ripstyles LLC, 2487 S. Gilbert Rd Suite 106-626 Gilbert, AZ. All rights reserved. SMS stock alerts are a use at your own risk service. This free service is offered for informational purposes only. Anotherline.com does not take any responsibility for the accuracy of these notifications. Please do your own research.

Messages we send via email may be paid advertisement or may contain paid advertisements.

 

These messages are paid advertisement from a third party sponsor. The views expressed in any paid or posted message are solely those of the advertiser and not necessarily those of our company or any of our owned newsletters. Although we have sent the email, it does not constitute an endorsement of the advertiser, products, or services, and we are not responsible for the content in any offers presented in our emails, promotions or on our websites. We have not reviewed the information, claims or testimonials provided within any advertisement and make no guarantee or warranty regarding its content.

 

Links found in advertisements or in our websites, reports, newsletters or emails may connect you to third party websites. We do not make any representations regarding their quality, content, or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. Please read closely all disclosures and disclaimers on any website you visit.

 

Our company expects to be paid, between five and twenty thousand dollars, by a third party, to disseminate this and similar advertisements each month in which we send or post said advertisements, or facilitate co-registration.  PLEASE NOTE: If you purchase anything through a link in our email, or on our website, you should assume that we have an affiliate relationship with the company providing the product or service that you purchase, and that we will be paid in some way.

Security

 

The Anotherline.com website may only be used for lawful purposes. Activities including—but not limited to—tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited.

 

Users are prohibited from violating or attempting to violate Anotherline.com website security, including, without limitation, (a) accessing data not intended for such user; (b) using the website for unintended purposes or trying to change the site’s behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the website (i.e., impersonating the Anotherline.com website) or to the website (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized eMail on behalf of Anotherline.com, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability.

 

You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the Anotherline.com website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Anotherline.com website other than the search engine and search agents provided by Anotherline.com or generally publicly available browsers.

 

Certain software or other materials that you may download from the Anotherline.com website may be further subject to United States Export Controls. No software from the Anotherline.com website may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or 2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software downloaded from the Anotherline.com website, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.

 

 

Notification of Copyright Infringement Under the Digital Millennium Copyright Act

 

If you believe that your copyrighted material may have been infringed, please provide Anotherline.com’ Copyright Agent with the following information in writing:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2020 Anotherline.com with all rights reserved, or is the property of Anotherline.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Anotherline.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Anotherline.com.

 

Anotherline.com are proprietary marks of Anotherline.com. Anotherline.com’ trademarks may not be used in connection with any product or service that is not provided by Anotherline.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Anotherline.com.

 

All other trademarks displayed on Anotherline.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Anotherline.com.

 

Notification of Claimed Copyright Infringement

 

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Anotherline.com/Anotherline.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail

 

Anotherline.com

 

2487 S. Gilbert Rd.

 

Suite 106-626

 

Gilbert, Arizona 85295

 

By Email: support@Anotherline.com.com

 

By Phone: 1-844-965-0111

 

Description of Service

 

Anotherline.com (“Anotherline.com Service website”) is providing Member with services that consist of a communication application, web based browser interface, voice, SMS platform, SMS gateway, data encryption, transmission, storage and access of data. Member must provide (1) all equipment necessary for their own Internet connection and SMS service, including computer, network connection, and cellular device and (2) provide for Member’s access to the Internet and a valid cellular carrier, and (3) pay any fees related with such connections.

 

Anotherline.com, Anotherline.com Partners, Affiliates and Members SMS Terms of Service

 

When you opt-in to the service, we will send you an SMS message to confirm your signup and provide you transactional and marketing information.

 

You can cancel the SMS service at any time. Just text the single word “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

 

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

 

If at any time you forget what keywords are supported, just text “HELP” . After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

 

We are able to deliver messages and provide voice services to the following mobile phone carriers:

 

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

 

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). This lists above are subject to change.

 

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

 

For all questions about the services provided by this short code, you can send an email to support@Anotherline.com.com

 

If you have any questions regarding privacy, please read our privacy policy http://www.Anotherline.com.com/privacy/

 

By using Add-ons you agree to White Pages http://pro.whitepages.com/terms-of-service/, Next Caller https://nextcaller.com/terms-of-service/ and Anotherline.com’s Terms of Service and Privacy Policies. Add-ons are supported and published by Whitepages, Next Caller, and other select Anotherline.com partners. When you agree to upload or to pull information from your list and have access to any of these Add-on Anotherline.com shares the data required for the Add-on to operate with the intended Publisher. Please continue with the check box to accept the Terms of Service in order to start using these services. The records displayed in this report may or may not actually belong to the person you searched for, especially if the person you searched for has a common name. Records may also include incorrect, partial, or outdated data. Please always use caution with respect to the information in these reports. By clicking the buttons to pull data you are accepting the Terms of Service and agreeing to the published price per pulled record as listed by Anotherline.com.

 

Indemnification

 

Member agrees to indemnify and hold Anotherline.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

Anotherline.com makes no guarantees as to the availability of this service or any specific feature of this service at any time. Anotherline.com reserves the right to change or terminate the service and/or alter the terms and conditions of this Agreement and any other agreement at any time.

 

Anotherline.com does not guarantee delivery of any SMS or voice on behalf of any cellular telephone providers.

 

Anotherline.com makes no guarantees to coverage. Anotherline.com provides coverage to many carriers, but cellular providers may opt to not be part of the Anotherline.com network, potentially resulting in undelivered messages.

 

Messages and Storage

 

Anotherline.com assumes no responsibility and/or liability for failure to store information regarding any user information, including message logs, contacts, and profile information. Anotherline.com reserves the right to, at its sole discretion, with prior notification change the amount of text messages available to each group.

 

Anotherline.com always strives for timely delivery of messages, but messages may be delivered in a delayed fashion due to overloaded network traffic or queuing problems, potentially resulting in late messages.

 

Please read this Agreement carefully. It governs your use of the Anotherline.com Website located at www.Anotherline.com.com and the Service provided through the Website. This Agreement limits or exempts Anotherline.com, its service providers (“Providers”) and other persons from liability and contains other important provisions that you should read.

 

IF YOU ARE A PERSON UNDER THE AGE OF 18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

 

BY ACCESSING AND BROWSING THE www.Anotherline.com.com WEBSITE OR ANY MOBILE VERSION THEREOF (TOGETHER, THE “WEBSITE”),

OR BY USING THE SERVICE, AND WHETHER OR NOT YOU (the “User” or “Member”) REGISTER AS A MEMBER, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE (THE “AGREEMENT”).

 

IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEBSITE, AND/OR IF YOU DO NOT

WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

 

Each time you use the Website you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. Each time you use the Website, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Website you should check the date of the Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

 

If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and use of the Service and may be modified by Anotherline.com from time to time. Any modifications shall be effective once posted by Anotherline.com on the Website. You may also receive a copy of this Agreement by emailing us at: info@Anotherline.com.com, Subject: “Terms of Use Agreement”.

 

In addition, when using particular functionalities and features that are part of the Service, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features (“Additional Terms”), which may be posted from time to time. All such Additional Terms as well as Anotherline.com Privacy Policy (www.Anotherline.com.com/privacy) are hereby incorporated by reference into this Agreement.

 

If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the Additional Terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.

 

Please Note: Anotherline.com neither provides lists of phone numbers nor do we access our clients’ contact lists. Please read our Terms of Use to learn about our position on SPAM and the privacy of your data.

 

*Msg&data rates may apply in the US. Standard message and data rates apply in Canada.

To opt-out of any texting services, simply reply STOP to any message you receive from our clients

 

This agreement contains the following provisions:

 

Eligibility and Your Acceptance of this Agreement

Changes to this Agreement

Account Requirements

Usernames, Passwords and Member Profiles

Termination of this Agreement and the Web Site

No Advice or Solicitation

Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity

User Conduct, Linking and Framing

User Content Posted on the Website

Ownership and Proprietary Rights in the Service

Posting of Copyrighted Materials and Trademarks

Personal Information Privacy

Other Sites

Member Disputes

Third Party Content

Governing Law and Dispute Resolution

Electronic and Text Communications

Other Matters

The User warrants that it will comply with the following code of conduct regulated by the Mobile

Marketing Association of the United States

 

End User License Agreement for White Pages Pro

The information below applies to users who agree to the terms of service by using White Pages Pro

 

 

Welcome to Whitepages PRO for Caller Identification! Subject to the following terms and conditions, Whitepages, Inc. provides the Whitepages PRO Caller Identification application to allow you to view and access data compiled from databases of residential, business, and government listings (the ?Data?) via a proprietary application programming interface.  This EULA and these terms specifically cover only the Whitepages PRO product: Caller Identification. 1. General Rules 1.1 Whether engaging in a trial or signing up for a monthly or fixed-term plan, these terms and conditions govern your use of Whitepages PRO. Please read them carefully. By using Whitepages PRO and/or the Data, you will be agreeing to abide by all of the terms and conditions of these Terms of Service and Privacy Policy between you and us. 1.2 We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Service and by continuing to use Whitepages PRO, you agree to any changes. 1.3 We may change, suspend or discontinue any aspect of Whitepages PRO at any time, including the availability of any feature, database, or content. If you have agreed to a fixed-term agreement, and such change would have a material adverse effect on your Whitepages PRO account, we will provide you at least 30 days? notice of the change. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 2. Grant of Limited License. Whitepages PRO is proprietary to Whitepages and its affiliates or licensors and is protected by U.S. and international copyright laws. You have no rights to the Service or the Data, or any enhancements or modifications thereto, except as expressly granted hereunder. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein and your payment of related fees and taxes, we grant to you a limited, revocable, non-exclusive, non-assignable and non-transferable license, subject to the restrictions listed below, to (i) implement the API into an application in order to query the Data, and (ii) display the Data to your employees and agents. If you are selling or otherwise distributing the Data to your customers and have complied with the requirements regarding End Users set forth below, the limited license grant shall also include providing the Data to such End Users. All licenses granted herein are without the right to sublicense. WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement. 3. Plan Types, Queries, and Fees. 3.1 You agree to pay us in accordance with the Whitepages PRO plan in which you enroll. For example, you may enroll in a plan directly through our web site or through a third party marketplace partner that allows for an unlimited number of queries each month. 3.2 Queries. When you submit a request for information to the Service has occurred when the Service returns a result, regardless of the relevance of that result to you, unless the result is a considered null result. A null result occurs when the response from the Service contains no data elements and/or asks you to clarify input elements of the original search. Any time your query returns one or more results you will be charged for the Query. If your request for information returns a null result you will not be charged for such query.

 

3.3 Query Plans. All Query Plan subscriptions will automatically renew each billing period and your credit card will be charged in advance of each billing period unless canceled. If your Query Plan subscription is canceled, refunds and termination of access will follow the Terms of Sale policy in Section 4, below. 3.4 Plans Through Third Party Marketplace. If you sign up for a Query Plan through a third party marketplace, you will be charged according to the terms with the third party.. To the extent the terms regarding fees, payment, contract renewal, and contract term of the Fixed-Term Agreement conflict with the terms of this Agreement, the third party marketplace agreement shall control. 3.5 You shall pay all fees and charges incurred through your account with the third party marketplace vendor at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. Prices are in U.S. dollars and are subject to change. Other restrictions and taxes may apply. 4. Terms of Sale 4.1 Processing and Payment. Whitepages, or its third party partner from whose portal you are accessing the Service with, will process your purchase as promptly as possible. There may be a delay in the activation of the Service while payment details are verified. We reserve the right to reject any order or purchase at any time. Unless specified otherwise in the Cancellation Policy, below, all charges are nonrefundable. To view or change your payment method, your account with through the third party partner. To enable payment for the Service, we, or our third party partners, collect and store name, address, telephone number, email address, and credit card information. This information will be shared with third parties, including those who help to complete the purchase transaction by processing credit card payments. The information you provide to us in connection with billing and payment will be handled in accordance with our Privacy Policy. 4.2 Pricing. When you purchase access or a subscription to Whitepages PRO, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. All prices are in United States Dollars. Whitepages reserves the right to change prices at any time. We will notify you in advance if the regular rate of your Whitepages PRO plan changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward. If a stated price is determined by us, in our sole discretion, to be in error, we are not under any obligation to offer you access to Whitepages PRO at that price. We will notify you or the third party marketplace vendor of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made. If you believe someone else has used your account or you are being charged for a product you do not have, please contact your third party marketplace representative. 4.3 Billing. You will be billed via our third party marketplace vendor in accordance with the terms you agreed to with that vendor. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly 5. Cancellation Policy. 5.1 Cancellation of Query Plans. You may change or cancel your Query Plan subscription at any time per the terms of your third party marketplace vendor account. When you cancel a Query Plan subscription, you cancel only future charges associated with your plan or subscription. 5.2 Changes to the Service or Access. We reserve the right to make changes to Whitepages PRO at any time. If we temporarily reduce or eliminate the charge for access to the Service that you are currently paying for under different terms, you will not receive a refund. 5.3 Cancellations by Us. We reserve the right to suspend or terminate your access to the Service for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If Whitepages PRO is temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. 6. Restrictions on Use of the Service and Data. 6.1 General Use Restrictions. The limited license to the Service and Data provided by Whitepages hereunder is subject to the following restrictions: 1. You may not retain, store or cache any Data for any reason, if you are not the ultimate end user of the Data. 2. You shall not display Data so that they appear to be derived from a third-party web site. 3. You shall not falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service. 4. You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service. 5. You shall not violate or attempt to violate the security of Whitepages PRO. 6. You shall not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (a) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (b) spy on the activities of others. 7. You shall not provide Data other than in response to an individual query (i.e., you may not provide Data to others in bulk format). 8. You shall not use Data other than on an ?as is? basis and pursuant to the terms of this Agreement. 9. You shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same. 10. You shall not transfer the Data without verification, confirmation, audit, enhancement, update, merger or other modification to Comcast, TImeWarner, Cox Communications, Charter, MetroPCS, Brighthouse, Cablevision or Verizon, including any commonly owned companies or alias of such companies, for caller name services (meaning providing a calling party name for display on a consumer device during a communication session initiated by the calling party).

 

6.2 Data Use Restrictions. The end user of the data (whether it is you or an End User) may not: 1. Use the Data for marketing purposes, except to respond to an inquiry, application, purchase or transaction; 2. publish, offer, sell, license, transmit, distribute, or reproduce the Data via any means (except distribution and sale by you pursuant to Section 4.3); 3. use the Data in violation of any applicable law, rule, or regulation (e.g., the Telephone Consumer Protection Act, the Fair Credit Reporting Act) or in violation of any third party right; 4. store the Data for purposes other than your own internal business purposes (storage of the data for resale is expressly prohibited); 5. cache the Data to avoid additional queries; or 6. merge the Data with databases or compilations for purposes other than your own internal business purposes. Additionally, you acknowledge that the Service is not provided by a consumer reporting agency? as that term is defined in the Fair Credit Reporting Act (FCRA and the Data does not constitute ?consumer reports? as defined in the FCRA. Accordingly, the Data may not be used as a factor in determining eligibility for credit, insurance, employment or another purpose in which a consumer report may be used under the FCRA. 6.3 Resellers and Value Added Resellers. If you, as the party who accesses the Service, are reselling or otherwise transferring any part of the Data to End Users (whether or not you modify the Data prior to distribution), you may only use the Data in connection with the provision of your services to End Users and may not store or otherwise use the Data for any other purpose. In addition, End Users may only use the Data for their own internal use, and they must comply with the data restrictions listed in Section 6.2 of this Agreement. You shall communicate to your End Users the data restrictions in Section 6.2 and obtain their agreement via a click-wrap, browse-wrap or written agreement. Such agreements shall include language to the effect that: (i) End Users represent and warrant that they will comply with the End User Terms; (ii) the Data is provided to End Users on an ?as is? basis without warranties of any kind; (iii) Whitepages will not be liable to End Users in any manner in connection with their use of the Data; and End Users shall indemnify, defend, and hold harmless Whitepages from and against all claims, actions, and judgments arising out of their use of the Data. Whitepages shall be a third party beneficiary of such agreements and shall have the right to enforce such agreements. Customer shall not make any representations or warranties to End Users about the Service. In the event that Customer becomes aware of any misuse of the Data by an End User, it shall promptly notify Whitepages and take commercially reasonable actions to remedy such misuse. 7. Representations and Warranties. 7.1 You represent and warrant that (a) your performance under this Agreement and use of Whitepages PRO (i) shall comply with all applicable laws, rules and regulations (including, without limitation, provisions of the Telephone Consumer Protection Act and Telemarketing Sales Rule pertaining to the National Do Not Call Registry, as applicable) and (ii) shall not violate any third party rights; (b) you are authorized to enter into this Agreement; (c) entry into this Agreement shall not violate any outstanding obligation you have to any third party; (d) you shall use WhitePages PRO strictly in accordance with the limitations set forth in this Agreement. 8. Termination. Whitepages may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service. If your account is terminated for breach hereunder, you will not receive any refund for payments already made by you as of the date of termination and you will bear all costs of such termination, including any remaining monthly minimum amounts due and the reasonable costs Whitepages incurs in closing your account. In addition, you will pay any and all costs and expenses incurred by Whitepages in enforcing your compliance with this Agreement, including Whitepages attorneys? fees. Upon termination for any reason, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Whitepages may delete all or part of the information related to you that has been uploaded or otherwise delivered to Whitepages in connection with your use of Whitepages PRO. 9. Accounts and Security. 9.1 Account Creation. In order to access Whitepages PRO, you will be accessing the Service through a third party marketplace and that marketplace user account (the ?Account?). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked ?required? (such credentials, the ?Registration Data?). You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Whitepages or its third party marketplace provider may contact you and require you to confirm some or all of your Registration Data before using or continuing to use Whitepages PRO. We reserve the right to terminate the limited licenses granted hereunder and to refuse to provide you with any and all current or future use of Whitepages PRO if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete. 9.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify the third party marketplace vendor of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing Anotherline.com

 

 

 

We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. 9.3 You must be 13 years of age or older to create an Account, access the Service, or use the Data. 10. Information. 10.1 Security and Privacy. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect your information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Any information you provide to us, including Registration Data, is governed by our Privacy Policy. Please read it carefully to understand our information collection and use practices before using Whitepages PRO. Also, please note that we may share information when we have a good faith belief that doing so is necessary to comply with applicable law, to respond to a legal process, such as a subpoena, or to help prevent the loss of life or serious injury of anyone.

 

10.2 Feedback. Any comments or materials sent to us, including, but not limited to, queries, ideas, questions, suggestions, feedback or the like (collectively, Feedback) is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, and distribute the Feedback to others without limitation or obligation. 11. Disclaimer, Limitation of Liability, Indemnification. 11.1 Disclaimers. Whitepages does not represent or endorse the accuracy or reliability of any Data or other information displayed, uploaded, or distributed through the Service. The Web Portal, API and Data are distributed on an as is and as available basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHITEPAGES AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WHITEPAGES IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE PROVIDERS) REPRESENT OR WARRANT (I) THAT WHITEPAGES PRO WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT WHITEPAGES PRO WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT WHITEPAGES PRO WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR MATERIALS AVAILABLE ON OR THROUGH WHITEPAGES PRO; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT WHITEPAGES PRO OR THE DATA IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED ON WHITEPAGES PRO, BY THE COMPANY, OR BY THE COMPANY?S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND DATA IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICE OR THE DATA. Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you. 11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DATA AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE DATA OR SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. 11.3 Indemnification Obligations. You agree to hold harmless, defend, and indemnify Whitepages and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys? fees), that are due to, arise from or otherwise relate to your use or misuse of the Service or the Data including, without limitation, any actual or threatened suit, demand or claim made against Whitepages or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party; (ii) your breach of this Agreement; or (iii) your use of the Service or Data. Whitepages may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Whitepages in such event. 12. Miscellaneous. 12.1 Third Party Links. Whitepages may, as a convenience to its users, make links to third-party web sites or resources available on or through this web site or Whitepages PRO. Whitepages is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party web sites and resources which may be accessed through us. In addition, Whitepages does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such websites or resources. 12.2 Copyright Notice. Contents ? 2016, WhitePages, Inc. All Rights Reserved. All content included on this web site and in the Service, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Whitepages or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Whitepages and protected by U.S. and international copyright laws. The Whitepages PRO service is also a copyrighted work(s) of Whitepages. Any rights not expressly granted herein are reserved by Whitepages. 12.3 Trademarks. WHITEPAGES, WHITEPAGES.CA, WHITEPAGES PRO and other Whitepages graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Whitepages or its affiliates in the U.S. and/or other countries. Whitepages?s trademarks and trade dress may not be used in connection with any product or service that is not Whitepages?s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whitepages. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. 12.4 Notification of Claimed Infringement. Whitepages strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Service infringes upon any copyright you own or control, or that any link made available on or through the Service directs users to another web site that contains material that you own or control, please send us a notice of infringement (an ?Infringement Notice?). An Infringement Notice must be in writing (sent by fax or regular mail ? not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys? fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process an Infringement Notice, please provide the following information: *An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; *A description of the copyrighted work that you believe is being infringed; *A description of the location of the material that you believe is infringing the copyrighted work; *Your contact information (please include your address, telephone number, and email address); *A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and *A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf. Sign the Infringement Notice and send the written communication to: Focal PLLC Attn: Venkat Balasubramani 800 Fifth Avenue, Suite 4100 Seattle, WA 98104 Fax: (206) 260-3966 12.5 Notices. Whitepages may provide you notice of changes or any other matter by displaying notices to you generally through Whitepages PRO or, at its option, by using any contact information you have provided to us. You agree that notice by the foregoing means shall be deemed complete when posted or transmitted by Whitepages. All legal notices to Whitepages (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: Whitepages, Attn: Legal Department, 1301 Fifth Ave, Suite 1600, Seattle, WA 98101 12.6 Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of Whitepages PRO must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred. 12.7 Waiver, Severability and Assignment. Whitepages’s failure to enforce a provision is not a waiver of its right to do so later. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Whitepages may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with, the Service. 12.8 Governing Law, Venue. This Agreement and your use of Whitepages PRO shall be governed by and construed in accordance with, the laws of the state of Washington as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in King County, Washington, USA for any action arising out of or relating to this Agreement, Whitepages PRO or any Whitepages service. You shall not commence or prosecute any suit or action except in the foregoing courts. 12.9 Audit. Whitepages reserves the right, on at least five business days? notice to you, to enter your premises during regular business hours to audit your compliance with the terms of this Agreement and you agree to cooperate with Whitepages in such regard. Whitepages will take reasonable measures to ensure that an audit does not unreasonably disrupt your business operations. Each party will bear its own costs with respect to any audit conducted hereunder. 12.10 Relation to Other Agreements. Whitepages may operate, individually or jointly with third parties, other web sites, products, or services that incorporate Whitepages PRO. Also, Whitepages may provide Whitepages PRO through web sites operated and owned by third parties. These other web sites, products, or services may be subject to a different user agreement (the terms and conditions of such other user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review the applicable policies and agreements when you visit any web site or use any product or service. In the event that you enter into a written, hand-signed contract for the Whitepages PRO service apart from these terms of Service, the terms of that contract shall supersede this Agreement, from and after the effective date of that contract, to the extent the two are inconsistent. 12.11 Publicity. By using the Service, you grant to Whitepages a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use your name, logos, service marks, trademarks and/or trade names in our promotional and marketing materials for the sole purpose of identifying you as a customer of Whitepages. 12.12 California Consumer Disclosure. Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Services are provided by Whitepages, Inc., 1301 Fifth Avenue, Suite 1600, Seattle, WA 98101.

 

Privacy Policy

 

http://www.whitepages.com/data-policy

ELIGIBILITY AND YOUR ACCEPTANCE OF THIS AGREEMENT.

 

THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE at least 18 years old. By clicking

 

the “ACCEPT” button you are representing that you are at least 18.

 

IF YOU ARE A PERSON UNDER THE AGE OF 18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

 

The Website and services may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. The Website or the services may be used only by persons who can form legally binding contracts under applicable law. It is solely your responsibility to determine whether your use of The Website or the services is lawful, and you must comply with all applicable laws.

 

This is an Agreement between you and Anotherline.com which governs your use of The Website and its content, as well as the Services provided through The Website or the services. Each time you visit, browse, make a purchase, access, use the Service or otherwise use this Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you are merely surfing or browsing through The Website or the services and have not yet registered to become a Member, your use of The Website or the services is still subject to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority

to agree to and accept this Agreement, you may not use The Website or the services or the Service.

 

In order to use the software.  The following information is required per a check box prior to sending campaigns.

 

“I agree that by continuing to send and keeping the above box checked, my subscribers have explicitly opt-ed in to receive text message marketing from me and/or my company. I have also disclosed to my clients that they may receive communication from singular (Anotherline.com Broadcast plans) or my multiple (pooled or rotated) Anotherline.com Pro plan numbers on each send. I further agree to include my sender or business information along with STOP to end opt-out information on each campaign. I agree to Anotherline.com’s Terms of Service and I understand that marketing messages with similar content that are sent to high volumes (500 or more) of subscribers can lead to being filtered as SPAM by the carriers. Anotherline.com does not have control over the destination carrier level decision to filter messages. If you are a large volume sender (more than 500 messages at a time) you should consider contacting us for information around the leasing of your own short code (5 or 6 digit number) or utilizing Anotherline.com Pro plans with rotating long code numbers. Anotherline.com does not offer refunds based on the destination carrier’s choice to filter messages as SPAM. The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using Anotherline.com services. Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the Anotherline.com platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the Anotherline.com Services. You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the Anotherline.com Services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the Anotherline.com Services by visiting the following websites or areas: Do Not Call Registry Info, http://www.donotcall.gov, Federal Trade Commission, http://www.ftc.gov, Federal Communications Commission, http://www.fcc.gov,Individual State Do Not Call Lists. The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. Anotherline.com owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. Please remember that our subscribers will be automatically unsubscribed only when they reply with the single word STOP. Be sure to include STOP to end as part of your sending language.  You must also consistently check your end users’ responses and manually unsubscribe those who request to be removed. Please contact help@Anotherline.com.com for more information. I confirm that all of my subscribers have explicitly opted in to receiving text messages and that I am complying with all Do Not Call laws.”

 

 

CHANGES TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service or The Website or the services after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by this Agreement or any future Agreement do not use or access (or continue

to use or access) the Service or The Website or the services. It is your responsibility to regularly check The Website or the services to determine if there have been changes to this Agreement and to review such changes. Accordingly, when you use The Website or the services

you should check the date of this Agreement and review any changes since the last time you visited.

 

 

 

WARRANTY DISCLAIMER. Anotherline.com MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED,

WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW BY STATUTE, OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU SPECIFICALLY DISCLAIM AND WAIVE ANY CLAIM THAT USER MAY OR MAY NOT HAVE IN THE FUTURE

AGAINST Anotherline.com FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGING ACTIVITY. Anotherline.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING

THE USE OF THE DIGITAL CONTENT DELIVERED TO USER OF THE SERVICE.

 

 

Order acceptance

 

 

Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

 

Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify Anotherline.com promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.

 

Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.

 

FEES AND PAYMENTS

 

Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal. All fees are clearly listed on our pricing pages and may be auto-renewed yearly, quarterly or monthly based on your opt-in and payment agreement.

 

Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be be charged or invoiced at the time of use. Anotherline.com will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.

 

Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

 

Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

 

Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Anotherline.com account. All payment obligations are non­cancelable and all amounts paid are non­refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

 

Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies Anotherline.com in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then Anotherline.com may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then Anotherline.com may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then Anotherline.com: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).

 

Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides Anotherline.com with a valid tax exemption certificate authorized by the appropriate taxing authority.

 

CREDITS

 

Credits are vouchers that you purchase that are outlined in your service plan agreement for use with Anotherline.com’s software service. Credits changed based on the in and out flow along with the type of message (SMS or MMS) and voice minutes and this causes the amount of credits required to either increase or decrease. Our pricing page will always indicate this pricing information and how it relates to the increase or decrease of credits. The submission sent or received messages will cause your credits to be debited from your account balance and this balance is displayed 24/7 online in your account profile.

Expiration of Prepaid Minutes and Credit

 

Monthly, quarterly and yearly plan credits that are part of a package or monthly plan, including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan, must be used within the month of purchase or they will expire at the end of said month. Anotherline.com does not provide plans with roll-over credits. Pay as you go plans  may be available from time to time and credits can be purchased credits that will expire after 120 days of inactivity in incoming or outgoing campaigns and 6 months with no activity, at which point such credits shall expire automatically. Credits are purchased on a first-bought, first-to-expire basis. You may request a full refund of any unused, non-monthly plan credits within 24 hours of purchase. No other refunds will be given after the 24 hour period. Any unused value shall be forfeited upon expiration. If said refund is issued is must be cashed within 120 days or the check will be automatically canceled. After 120 days Anotherline.com may reissue payment at their discretion. If an account has a negative subscription balance for more than 5 days Anotherline.com may activate the confirm payment button in the amount of your overdue subscription amount.

 

Shipping Policy

 

At this time, shipping is not applicable.

 

Execution

 

No contract is formed between you and Anotherline.com until Anotherline.com exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company. If your final invoice is less than your original transaction with Anotherline.com, Anotherline.com may credit you back the appropriate amount to your original credit card. If your final invoice is more than your original transaction due to your request for additional products you agree under these Terms and Conditions to allow Anotherline.com to charge the appropriate additional amount to your registered and secured credit card. Anotherline.com will also supply you with an invoice reflecting the appropriate changes.

 

Not all products and services mentioned will be available in your country or available at the price listed. Canadian and other international products or texting services are not possible at this time.

 

Downtime and Service Suspensions;

 

Security

 

In addition to our rights to terminate or suspend Services to You as described in the Terminate and Usage Section, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 6, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 9 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content including all audio recordings associated with Your account. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.

 

 

FEES AND BILLING POLICY Product Availability

 

Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.

If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

 

Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Anotherline.com, in our sole discretion, to a third party in the event of a merger or acquisition.

This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation

to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure

of their personally identifiable information and other practices described in our Privacy Policy Statement.

 

While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Website.

 

In its sole discretion, Anotherline.com shall determine whether You are eligible for a free trial subscription to its Services, which terms of the free trial are set forth here >>>

 

Free trials are limited to one per person, and if we find that You have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. If  You have subscribed to the full version of our Services, then You agree

 

to pay applicable fees (including any minimum subscription fees) as set forth here >>>.

 

We may increase or add new fees for any existing Service or Service feature by giving You 30 days’ advance notice. All fees payable by You are exclusive of applicable taxes and duties. Should You have any dispute as to fees associated with your account, please contact us at info@Anotherline.com.com within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to Your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.

 

Termination and Usage

 

You agree to comply with and be bound by the policies in connection with termination and returns of products purchased through this Site. This Agreement will remain in full force and effect while you use the Service and/or are a Member and anytime you on are visiting or surfing our Website. You may terminate your membership at any time, for any reason by following the instructions on the “FAQ” pages, or upon receipt by Anotherline.com of your written or email notice of termination at info@Anotherline.com.com

 

If you breach any provision of this Agreement, you may no longer use The Website or the services.

 

Anotherline.com may, at any time and for any reason, in its sole discretion, with or without cause, change, suspend or terminate, temporarily or permanently, The Website or the services or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

 

Anotherline.com may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your ability to use The Website or the services and your login name and password, all without any notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

 

If this Agreement or your permission to use The Website or the services is terminated by you or us for any reason, you will not be entitled to a refund of any unused subscription fees, if any, and this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of The Website or the services and your engagement of the Service through The Website or the services and anything connected with, relating to or arising from those matters.

 

If your personal account is inactive for over 90 days, Anotherline.com has sole discretion to permanently remove your account, including contact lists, message logs, and any other information stored by Anotherline.com. Anotherline.com will attempt to contact you via the email address you provided prior to taking any permanent actions in regards to removal. Please note that any remaining credit after 90 days of inactivity may be removed from your account without refund.

 

The User is free to terminate or cancel his/her Agreement at any time and for any reason. Any questions concerning this should be addressed to info@Anotherline.com.com.

 

In the event that Anotherline.com receives complaints with respect to the use of the Service, Anotherline.com additionally reserves the right, in its sole discretion, to disclose any and all information applicable authorities or any other party with regard to its clients and application Users.

 

Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with The Website or the services in any way, your sole and exclusive remedy is to discontinue using The Website or the services.

 

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

 

 

Disclaimer and Limitation of Liability Disclaimers

 

 

Anotherline.com is a service allowing users to communicate with other service users. Anotherline.com does not control, monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information provided by its users or channels.

 

 

EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,

OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT

NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE

LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

 

 

 

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR

ANY OTHER EVENT BEYOND OUR CONTROL.

 

 

 

Anotherline.com PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. Anotherline.com EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

 

 

 

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

 

MEMBER DISPUTES.

 

 

Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Anotherline.com will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Anotherline.com is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

 

Advertising and Usage

 

You understand that, except for advertising programs offered by us on The Website or the services, that the Service and The Website or the services are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or The Website or the services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts

to collect information from the Service or The Website or the services or for any other purpose. You further agree that you may not use the

Service or The Website or the services in any unlawful manner or in any other manner that could damage, disable, overburden or impair The Website or the services.

 

 

In addition, you agree not to use the Service or The Website or the services to: upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on The Website or the services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers; solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national or international law; use or attempt to use another’s account, service or system without authorization from Anotherline.com, or create a false identity on the Service or The Website or the services; or upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Anotherline.com, is objectionable or which restricts or inhibits any other person from using or enjoying The Website or the services, or which may expose Anotherline.com or its Users to any harm or liability of any type.

 

You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although Anotherline.com cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Anotherline.com reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which Anotherline.com deems appropriate in its sole discretion.

 

If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Anotherline.com.

 

Prohibited activity includes, but is not limited to:

 

criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

covering or obscuring any Anotherline.com page via HTML/CSS or any other means;

interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to Anotherline.com;

attempting to impersonate another Member or person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile;

using any information obtained from the Service in order to harass, abuse, or harm another person;

using the Service in a manner inconsistent with any and all applicable laws and regulations.

 

Opt-in requirements for US short codes?

 

Users can opt-in to a short code campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.

 

Handset Opt-In: Sending a text message from a mobile phone to a short code

 

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

 

End user: {Keyword}

Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

 

The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.

• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

 

Non-Handset Opt-in: Asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.

 

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

 

(User signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)

Short code: Text YES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.

End user: YES

Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

 

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

 

These guidelines are based on carrier conditions of short code service and other industry standards. You or your company is required to comply with these guidelines in the use of any Anotherline.com-provided short code or long code number. Please note, each carrier reserves the right to suspend short code or long code service for any user at any time.

Requirements for short code HELP and STOP?

 

Wireless carriers require certain information to be included in HELP and STOP message content for all US short codes. Anotherline.com recommends including that information in the following format for your HELP and STOP messages to be considered compliant if your short code is tested by a carrier. We also recommend the following method for maintaining an opt-out list.

 

HELP Message

 

A compliant response is required whenever users text HELP to your short code, regardless of whether the user is subscribed to the program. Example:

 

End user: HELP or INFO

Short code: {Campaign Name} {Description} Alerts: Help at {source of help #1} or {toll free number}. Msg&data rates may apply. {Message frequency}. Text STOP to cancel.

 

The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.

• The first “source of help” should be a support email address or a link to your terms of service.
• The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

 

Managing Opt-Out Requests

 

Unlike on long codes, Anotherline.com does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end users to re-opt in. When a short code app is created, a database for managing opt-in and opt-out will need to be created for it as well.

 

STOP Message

 

Along with maintaining an opt-out list, a compliant response is required whenever users text STOP or the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to your short code, regardless of whether the user was subscribed to the program previously. Example:

 

End user: STOP, END, QUIT, CANCEL or UNSUBSCRIBE

Short code: You are unsubscribed from {Campaign Name} {Description} Alerts. No more messages will be sent. Reply HELP for help or {toll free number}.

 

STOP Filtering

 

End users may be subscribed to multiple campaigns running off of one short code and may want to unsubscribe from a particular campaign. This is achieved using STOP Filtering. To find out more about how to implement STOP Filtering, please see this FAQ.

 

For information on long code help and stop replies, please see this article.

 

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Anotherline.com-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

Opt-in requirements for Canada short codes and recommendations for long codes.

 

Canadian wireless carriers require that all short code advertisements and opt-in message flows meet certain criteria. Anotherline.com recommends that your short code advertisements and opt-in message flows follow the examples provided below in order to meet carriers’ compliance standards.

 

Please note: the character limit for Canada short code SMS is 136 characters. Messages with more than 136 characters will not be delivered.

 

Short Code Advertisement (also known as “Call to Action” or CTA) Guidelines

 

The wording of your short code advertisement (also known as a Call to Action, or CTA) will vary depending on the sign up method, since it tells users how to opt into a short code campaign. An SMS Keyword Call to Action, for example, should look like this:

 

Text {Keyword} to ##### to sign up for alerts.

 

For all sign up methods, the following language must appear wherever the short code is advertised (on the web, in print, etc):

 

Standard message and data rates may apply. {Message frequency}. Text HELP to ##### for help. Text STOP to ##### to cancel. For terms: {URL to SMS terms of service}. For privacy: {URL to privacy policy}

 

Your website must also display a mailing address for your business.

 

Keep the following points in mind when writing your Call to Action:

 

Message frequency must be specific, for example: “1 message/day” or “4 messages/month.” If the message frequency will vary, it must be user-prompted (for example, “1 message/user request”). Note: the abbreviation “msgs” is not accepted; please use “msg” instead.

• The words “HELP” and “STOP” must appear in bold.

 

Opt-In Guidelines

 

Users can opt into a short code several ways: by sending a text message or opting in from a mobile app (Handset Opt-In); or by signing up on a web site, filling out a paper form, making a verbal agreement, or otherwise opting in without using a handset (Non-Handset Opt-in). In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers. Be sure to follow these opt-in compliance guidelines carefully:

 

Handset Opt-In

 

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

 

End user: {Keyword}

Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.

{Message frequency} Reply HELP for help, STOP to cancel.

 

Non-Handset Opt-In

 

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

 

(End user signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)

Short code: Text YES to join {Campaign Name} {Description} Alerts. Std msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.

End user: YES

Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.

{Message frequency} Reply HELP for help, STOP to cancel.

 

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

 

You can review other short code compliance guidelines here.

 

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. You and/or your company is required to comply with these guidelines in the use of any Anotherline.com-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

HELP and STOP requirements for Canada short codes.

 

Canadian wireless carriers require that all HELP and STOP message content meet certain criteria. Anotherline.com recommends that your short code HELP and STOP messages follow the examples provided below in order to meet carriers’ compliance standards.

 

HELP Message Guidelines

 

A compliant response is required whenever users text the words HELP, INFO, or AIDE to your short code, regardless of whether the user is subscribed to the program. Example:

 

End user: HELP, INFO, or AIDE

Short Code: {Campaign Name} Alerts: Help at {source of help 1} or {source of help 2}. Std msg&data rates may apply. {Message frequency}. Reply STOP to cancel.

 

STOP Message Guidelines

 

A compliant response is required whenever users text either STOP or ARRET to your short code, regardless of whether the user was subscribed to the program previously. Example:

 

End user: STOP or ARRET [or END, QUIT, CANCEL, UNSUBSCRIBE, UNSUB]

Short code: You are unsubscribed from {Campaign Name} Alerts, no more msg will be sent. Reply HELP for help or {source of help 1}. Std msg&data rates may apply.

 

Whenever an end user texts a non-supported keyword, your short code is required to respond as follows:

 

End user: (Invalid Keyword)

Short code: { Campaign Name } Alerts: Invalid keyword, please try again. Std msg&data rates may apply.

 

Managing Opt-Out Requests

 

Unlike on long codes, Anotherline.com does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end-users to re-opt in.

 

STOP Filtering

 

When a short code is created, a database for managing opt-in and opt-out will need to be created for it. The short code program should ask the user to text STOP to opt-out of all further messages from the short code. If the end-user doesn’t want to opt-out of all messages, he or she can differentiate which campaign to unsubscribe from by adding an additional keyword of STOPALL. Examples below:

 

End user: STOP

Short code: To unsubscribe from {Campaign 1} Alerts, text 1; {Campaign 2} Alerts, text 2. Text STOPALL to unsubscribe from all messages.

End user: 1

Short code: You are unsubscribed from {Campaign 1}. No more messages will be sent. Reply HELP for help or {source of help}. Std msg&data rates may apply.

 

OR

 

End user: STOPALL

Short code: You are unsubscribed from all {Campaign Name} Alerts, no more messages. Reply HELP for help or {source of help}. Std msg&data rates may apply.

 

*These messages have not been formatted to fit within 136 characters*

 

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Anotherline.com-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

 

When using the Anotherline.com system clients agree to follow the same protocol above for both Canadian and US long and shot code messaging.

 

 

 

Please be sure to review

 

Anotherline.com Acceptable Use Policy

 

OTHER MATTERS.

 

Messaging Policy

 

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Anotherline.com and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages–whether SMS, MMS, or chat–are sent with the consent of the message recipient, and that those messages comply with local laws and measures of fairness and decency.

 

This principle is central to our acceptable use policy that you agree to upon signup.

 

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Anotherline.com customers partner with us to map out that path.

 

What Is Proper Consent?

 

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party.

 

Aside from two exceptions noted later in this section, we need to meet each of the consent requirements listed below. Anotherline.com requires that all customers adhere to these same requirements when dealing with their users and customers by agreeing to our terms, privacy, legals and use terms upon signup.

 

Consent Requirements

 

Prior to sending the first message or making a call, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, You must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.

If you do not send an initial message to that individual within 30 days of receiving consent, then you will need to reconfirm consent (see “Double Opt-in” below).

The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.

 

Alternative Consent Requirements: The Two Exceptions

 

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

 

Contact initiated by an individual

 

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent.

 

Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

 

Contact initiated by you to send informational content to an individual based on having a prior relationship

 

You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on your relationship. An example of such a relationship and message is a dentist reminding a patient of an appointment.

 

In addition to appointment reminders, other examples include receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

 

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

 

The individual must have knowingly provided their phone number to you, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.

 

NOTE: The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or you have consent for informational content of the type noted above based on a prior relationship.

 

Double Opt-in Consent

 

We require double opt-in consent in some limited use cases. Many of these use cases listed below generate the majority of complaints about unwanted messages which is why the burden of consent is higher.

 

Affiliate marketing including multi-level marketing – this is typically a marketing arrangement which an online retailer pays commission to an external website for traffic or sales generated from its referrals.

Lead generation services

Sweepstakes

Financial products, unless you are the financial institution directly offering the product. These include debt refinancing, short-term credit offers, and payday loans

Job alerts

Work-from-home offers

 

Double opt-in is a two step process:

 

First, the message recipient must knowingly provide consent to you or your customer prior to receiving any text message. That consent must be provided through an electronic signature or some other online sign-up form that makes clear to the individual they are agreeing to receive messages of this type.

Second, in your first text message to that individual, you must identify yourself and prompt the individual to confirm their consent.

 

For example, your first outbound message would be compliant if it included text similar to, “This is Company X. You recently signed up to receive text messages from us. Please reply YES to confirm or STOP to unsubscribe.” Only after you receive the confirmation “YES” may you send a follow-up message with information related to a topic listed above.

 

Identifying Yourself as the Sender

 

Every message you send must clearly identify you as the sender, except in follow-up messages of an ongoing conversation.

 

Message Recipient Opt-out

 

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

 

Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

 

Periodic Messages and Ongoing Consent

 

In some cases, you may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that your message includes a reminder to the individual about how to unsubscribe. If you send more than one message in a given month, you need to include the reminder in just one of those messages–not in all of the messages that you send in that month.

 

You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months.

 

Age and Geographic Gating

 

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located. Additionally, our acceptable use policy bans sending any content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable, even if the content is permissible by law and appropriate age restrictions are in place.

 

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

 

Content We Do Not Allow

 

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Those content types include:

 

Anything that’s illegal in the jurisdiction where the message recipient lives.

Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate. You can find a fuller description of hate and other prohibited types of speech in our acceptable use policy.

Fraudulent messages.

Malicious content, such as malware or viruses.

Any content that is designed to intentionally evade filters.

 

How We Handle Violations

 

When we identify a violation of these principles, we work with customers in good faith to get them back into compliance. To protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to remove access to the Anotherline.com platform for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area.

 

 

 

Privacy and Communications

 

You acknowledge and agree that Anotherline.com may send You e-mails and text messages related to your account and/or the Service. You agree that Anotherline.com LLC can use your company name or logo in its advertising unless and until you tell us in writing not to.

 

Accounts, Passwords and Security

 

You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data. You must keep track of your subscribers opt-in status and be sure not to send or upload duplicate contacts. This action may result in resubscribing an end without their explicit permission to do so which is in violation of our terms of service.  It is your responsibility to be sure you’re not sending to any subscribers who have initially unsubscribed and to not duplicate sending.

 

Acceptable Use and Conduct

 

You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in Anotherline.com terminating Your account and may subject You to criminal and/or civil liability.

 

Appropriate Email Practices

 

The Service may not be used to send mass emailing campaigns. This includes, but is not limited to, marketing materials, promotional information, newsletters and similar materials. You may only use the Service to send transactional or individual email communication, which is defined by the Federal Trade Commission as communications which facilitate an already agreed upon transaction or updates a customer about an ongoing transactions.

 

All email lists contained and/or used with respect to the Service must be permission-based subscriptions. Use of a list that has been purchased or rented from a third party is prohibited. It is Your responsibility to monitor and maintain unsubscribe requests for Your list that are outside of the functionalities of the Service. Emails sent unsolicited will receive abuse complaints that will be reflected on Your account. It is Your responsibility to maintain abuse results lower than the industry standard.

 

We reserve the right to terminate your account for, among any other reason in our sole discretion, violation of the provisions of this section.

 

Federal Regulation Compliance

 

You must comply with all applicable law and regulations in Your use of the Service, including but by no means limited to complying with the CAN-SPAM federal regulations. This includes, but is not limited to, Your obligation to provide an unsubscribe link on Your emails.

 

This Agreement contains the entire agreement between you and Anotherline.com regarding the use of the Services.

 

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement.

 

The failure of Anotherline.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

 

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

The provisions of this Agreement will ensure to the benefit of and be binding upon each of Anotherline.com and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Anotherline.com, which may be withheld in Anotherline.com’s sole discretion. Anotherline.com may assign this Agreement and its rights and obligations under this Agreement without your consent.

 

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

 

You and Anotherline.com are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of The Website or the services

 

Any rights not expressly granted by this Agreement are reserved to Anotherline.com.

 

This Agreement is subject to change without notice. Please contact us with any questions regarding this Agreement.

 

Effective Date: This Terms of Use Agreement was last updated on January, 2017.

 

THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

 

Anotherline.com LLC hosts and operates this website

 

Contact by mail:

 

 

 

Anotherline.com

 

2487 S. Gilbert Rd.

 

Suite 106-626

 

Gilbert, Arizona 85295

 

 

 

Contact by Email: support@Anotherline.com.com

 

 

 

Contact by Phone: 1-844-965-0111

 

Here are the continued terms of service.

Terms of Service

Below is a list of the substantive updates we made to our Terms of Service:

 

Ripstyles LLC DBA anotherline.com Terms of Service

Effective as of May 1, 2019, except that if you have previously agreed to a version of these Terms before May 1, 2019 these updated Terms shall be effective as of May 31, 2019 for you.

If you want to review our previous Terms of Service, then please click here https://www.anotherline.com/privacy/

 

Ahoy! And welcome to Ripstyles LLC!

Ripstyles LLC DBA anotherline.com is a cloud communications company. Our services enable connectivity and the easy integration of telecommunications and e-mail capabilities into software applications, including mobile, web-based and desktop applications.

This is our Terms of Service, and it covers services provided by both Ripstyles LLC LLC as a courtesy to you, we’ve done our best to translate the legalese into a “human readable” format (though our legal team assures us that lawyers are humans, too).   Feel free to contact our support team at support@anotherline.com or write to us at the addresses below:

 

Ripstyles LLC
2487 S Gilbert Rd, Suite 106-626
Gilbert, AZ 85295

Attention: Legal / Contracts Department

 

Unless you work for a company that has negotiated a separate written agreement with us, these are the terms that apply to your use of our services. You should read them.

Our services consist of both the platform and connectivity services that Ripstyles LLC provides to you, and the e-mail services that Ripstyles LLC provides to you.

 

And, heads up, you should really check out Section 14 because it limits our liability to you if something goes wrong. Also, if we get into a dispute, we’ll have to figure it out in arbitration. Check out Section 18 for more details.

 

In these Terms of Service (hereafter “Agreement” or “Terms”), “we,”“us,”“our” or “Ripstyles LLC” will refer collectively to Ripstyles LLC, 2487 S Gilbert Rd, Suite 106-626, Gilbert, AZ 94105 and its subsidiary, Ripstyles LLC, 2487 S Gilbert Road, Suite 106-626, Gilbert, Arizona 85295, and the terms “you,”“your” and “Customer” will refer to you. To be eligible to register for a Ripstyles LLC account in order to use the Services, you must review and accept these Terms by clicking on the “I Accept” or “Get Started” button or other mechanism provided. If you are registering for a Ripstyles LLC account in order to use the Services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Ripstyles LLC that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “Customer” will refer to that organization). The exception to this is if that organization has a separate written agreement with Ripstyles LLC covering the use of the Services, in which case that agreement will govern such use.

 

PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND BETWEXT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” OR “GET STARTED” BUTTON AND YOU SHOULD NOT USE THE SERVICES.

 

When we refer to the Services” in these Terms, we mean to include the whole enchilada — including both: (1) the “Ripstyles LLC Services” which are the services offered and provided by Ripstyles LLC LLC to you, which are generally comprised of: (a) our platform services, including the application programming interface for the Ripstyles LLC Services and any cloud-based software provided to you by Ripstyles LLC in connection with your use of the platform services, and programs, features, functions, developer tools, and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by Ripstyles LLC, and (b) connectivity services, which include the interconnection capabilities embedded within the Ripstyles LLC Services that link the Ripstyles LLC Services to the telecommunications providers’ networks (including fixed-line, cellular, wireless, high-bandwidth, and/or fiber optic cable) via the Internet; and (2) the “Ripstyles LLC Services” which are the services provided by Ripstyles LLC, LLC enabling you to develop, transmit, analyze, and manage email communications and other related digital communications and tools through the Ripstyles LLC, LLC proprietary website available to you (currently available at www.Ripstyles LLC.com) including all programs, features, functions and report formats, and subsequent updates or upgrades of any of the forgoing made generally available by Ripstyles LLC excluding any anotherline.com Services.

When we refer to the “Ripstyles LLC API or software system” we mean an application programming interface for the Services (or feature of the Services) provided to you by us.

 

When we refer to the “Documentation” we mean all of the Ripstyles LLC API and software instruction manuals and guides, code samples, manuals, guides, on-line help files and technical documentation made publicly available by us  for the Services, and as may be updated from time to time.

 

When we refer to the “Customer Application” we mean a software application, which includes any software application that you create using developer tools provided by us, that interfaces with the Services and includes any services (web-based or other services) made available by you through that application.

IMPORTANT NOTE: THESE TERMS LIMIT OUR LIABILITY TO YOU. For more details, go to Section 14. IN ADDITION, DISPUTES RELATED TO TERMS OR RELATED TO YOUR USE OF THE SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 18.

 

If you have any questions, you can reach Ripstyles LLC at info@anotherline.com

If you are a U.S. federal government user or otherwise accessing or using the Services in a U.S. federal government capacity, to these Terms applies to you.

1. Changes to These Terms

These terms might change. But we’ll send you an e-mail and let you know before we make any significant changes that impact you or your use of our services. If you keep using our services after the terms change, then you have accepted those changes.

We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your Ripstyles LLC account portal or via an e-mail to the e-mail address owner of your Ripstyles LLC account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Ripstyles LLC’s website or log in to your Ripstyles LLC account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.

 

2. Your Ripstyles LLC Account(s)

If you want to use our services, you need to create a Ripstyles LLC account. To create a Ripstyles LLC account, you need to give us some information about yourself. The information you provide must be true and kept up to date. You are responsible for anything that happens under each of your Ripstyles LLC accounts, including anything the users of your application do while using your application. Also, for some phone numbers, we need to have a physical address on file for you. So, please send us your new physical address if you move.

 

To use the Services, you will be asked to create a Ripstyles LLC account. As part of the account creation process, you’ll be asked to provide your e-mail address, create a password, and verify that you’re a human being by providing a telephone number to which we’ll send you a verification code to enter into a form. We may also ask you additional business verification questions and you give us permission to contact you via text, email and/or phone to the contact information you provide. Until you register for a Ripstyles LLC account, your access to the Services will be limited until business verification is complete. The decision to verify your business is solely a Ripstyles decision. When registering for a Ripstyles LLC account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. In some cases, you may also create sub-accounts within each Ripstyles LLC account or, if you’re an agency you may have permission to manage other accounts. You must keep that information true, accurate, current and complete after you create each Ripstyles LLC account.

You are solely responsible for all use (whether or not authorized) of the Services under your Ripstyles LLC account(s) and any subaccount(s), including the quality and integrity of your Customer Data and each Customer Application (as defined below). You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses any Customer Application (“End Users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your Ripstyles LLC account(s). You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each End User to connect to, access, and use the Services.

 

In connection with your use of any phone number for which Ripstyles LLC is required to have an address, or any other applicable information, for you or the End User on record, it is your obligation to provide us with accurate and current information to associate with that number. You are responsible for keeping such information current. You agree to provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers.

 

3. Access and Use of the Services

We want to make our services available for you to use 24/7, but things happen that occasionally (very occasionally) make our services unavailable. If our Ripstyles LLC services are ever available less than we commit it to be in our Ripstyles LLC service level agreement (SLA), then we will give you a service credit.

 

You may use our software, API’s and published documentation to utilize your application that so long as you, you affiliates, and your end users comply with these terms, and with respect to the Ripstyles LLC services acceptable use policy and with respect to the Ripstyles LLC services our email policy

 

3.1 Provision of the Ripstyles LLC Services. We will make the Ripstyles LLC Services available to you in accordance with this service agreement which may be updated from time to time.

 

You may use the Ripstyles LLC Services, on a non-exclusive basis, solely to:

Use the Documentation and Ripstyles LLC software or APIs as needed to manage your account.

Use and make the Ripstyles LLC Services connection with the use of each Customer Application in accordance with the Documentation and our use policy.

Use the Ripstyles LLC Services solely in connection with and as necessary for your activities pursuant to these Terms; and

 

3.2 Provision of the Ripstyles LLC Services. We will make the Ripstyles LLC Services available to you in accordance with this Agreement. The Ripstyles LLC Services shall perform substantially in accordance with the published Documentation including any modifications thereto as made publicly available by us from time to time. Subject to the terms and conditions of this Agreement, and the email policy we grant you a non-exclusive, non-sublicensable, nontransferable, limited, revocable right to use the Documentation and any applicable Ripstyles LLC software or APIs provided by us as a part of the Ripstyles LLC Services.

 

4. Customer Data

Please read our privacy policy to understand what we do with your data. If you don’t want your data used that way, then, stop using our services immediately.

We might have to use or disclose your data for one or more of the reasons below:

If necessary to provide you with our services;

 

To address technical issues, provide support or maintain our services;

If we need to protect Ripstyles LLC, other customers, or the public;

If there is an emergency; or If the law requires.

E-mail and SMS are insecure by their nature, so please keep that in mind when using the services. There is nothing we can do about it, and therefore cannot be held responsible.

If we make reference to ‘law’ or ‘laws’ in these terms, we mean laws in the traditional sense, statutes, regulations, rules, government or court orders or judgments, etc.

 

4.1 Use of Customer Data

“Customer Data” consists of data and other information made available to us through the use of the Services under these Terms, including, Customer Usage Data and Customer Content.

“Customer Content” shall mean (a) content exchanged by means of use of the Ripstyles LLC Services, such as text, message bodies, voice and video media, images, and sound; (b) data stored on Customer’s behalf via the Ripstyles LLC Services such as communication logs; (c) personal data sent via the Ripstyles LLC Services such as sender, recipient, and copy recipient identification information (first and last name), contact information (address, telephone number (fixed and mobile), email address, fax number), employment information (job title); and (d) any other personal data that the Customer chooses to include within the body of an e-mail that it sends using the Ripstyles LLC Services. “Customer Usage Data” shall mean data processed by Ripstyles LLC for the purposes of transmitting, distributing, or exchanging Customer Content; including data used to trace and identify the source and destination of a communication, such as (a) individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the Ripstyles LLC Services, and the date, time, duration, and the type of communication; and (b) activity logs used to trace and identify the source of Ripstyles LLC Service requests, optimize and maintain performance of the Ripstyles LLC Services, and investigate and prevent system abuse. “Customer Service Data” shall mean aggregated, non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Customer’s and its End Users’ use and operation of the Ripstyles LLC Services, including information relating to volumes, frequencies, bounce rates or any other information regarding the email and other communications Customer or its End Users generate and send using the Ripstyles LLC Services.

You acknowledge that you have read our “Privacy Policy” which shall mean (a) for the Ripstyles LLC Services (“Ripstyles LLC’s Privacy Policy”)  and (b) for the Ripstyles LLC Services, this (Ripstyles LLC’s Privacy Policy”)  and understand that it sets forth how we will collect, store, and use your Customer Data. If you do not agree with our Privacy Policies, then you must stop using the Services immediately.

 

You instruct us to use and disclose Customer Data as necessary to (a) provide the Services consistent with Ripstyles LLC’s then-current Privacy Policy, Section 11.4, and this Section 4, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the Services, and (b) respond to any technical problems or your queries and ensure the proper working of the Services. You acknowledge, that email and SMS are an insecure medium that is generally not encrypted in transit and security of information transmitted through the Internet can never be guaranteed and, accordingly, we are not responsible for any interception or interruption of any communications through the internet or for changes to or loss of Customer Data in connection with the Services.

 

By the way, when we refer to “Law” in these Terms, we mean any statute, law, ordinance, regulation, rule, judgment or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any laws that requires you to obtain consent from an End User or provide notice to an End User in connection with such End User’s use of each Customer Application, any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA).

 

If you ever stop using Ripstyles LLC (and we really hope you don’t), then we may keep your metadata. What is metadata? See below.* We may use and disclose metadata that we have as a result of your use of our services for limited purposes or as the law requires us to do so until we no longer have a use for that metadata. No matter what, we will not violate our confidentiality obligations to you in Section 11.4.

 

You have the ability to obtain a copy of and delete any communications content via our services, unless the law says otherwise. Any stored communications content will be deleted within specific timeframes if these terms terminate, unless the law says otherwise.

* “What is metadata?” Metadata is data that “describes other data” or “summarizes basic information about data, which can make finding and working with particular instances of data easier.” If you want to better understand metadata, it is probably best if you look it up and read about it.

 

4.2 Return and Deletion of Customer Usage Data & Customer Content

Upon termination of these Terms, we may retain, use, and disclose Customer Usage Data: (a) for Ripstyles LLC’s accounting, tax, billing, audit, and compliance purposes; (b) to investigate fraud, spam, or unlawful use of the Services; and/or (c) as required by applicable Law, provided that the retention, use, and disclosure of such Customer Usage Data for the foregoing purposes is subject to the confidentiality obligations as set forth in Section 11.4. We shall anonymize or otherwise delete Customer Usage Data after we no longer require it for the foregoing purposes.

4.2.1 Customer Content within the Ripstyles LLC Services. We provide you the ability to obtain a copy of and delete Customer Content via the Ripstyles LLC Services. You agree that you are solely responsible for obtaining a copy of and deleting Customer Content via the Ripstyles LLC Services. Upon termination of this Agreement, we will: (i) provide you thirty (30) days after the termination effective date to obtain a copy of any stored Customer Content via the Ripstyles LLC Services; (ii) automatically delete any stored Customer Content thirty days after the termination effective date; and (iii) automatically delete any stored Customer Content on Ripstyles LLC’s back-up systems sixty days after the termination effective date. Any Customer Content archived on Ripstyles LLC’s back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable Law. For more information about deleting Customer Content via the Ripstyles LLC Services

4.2.2 Customer Content within the Ripstyles LLC Services. Upon termination or expiry of the Agreement, we shall (i) at your election, delete or return to you the Customer Content (including copies) stored in the Ripstyles LLC Services; and (ii) automatically delete any stored Customer Content on Ripstyles LLC’s back-up systems one year after the termination effective date.

 

4.2.3 Retention if Required by law. Notwithstanding anything to the contrary in this Section 4.2, Ripstyles LLC may retain Customer Content or any portion of it if required by applicable Law.

 

5. Restrictions and Requirements

Some “dos and don’ts” to keep in mind when using the Ripstyles LLC services:

Don’t transfer our services, resell them, etc., except as allowed under Section 3(b);

Don’t use our services to try to contact emergency services;

Don’t use our services to break the laws, regulations, rules, etc., to violate these terms, to violate our acceptable use policy or to violate someone else’s rights;

 

Do make sure that Ripstyles LLC is allowed to use your data as needed to provide you our services; and Don’t reverse engineer, etc. any software we provide.

Some “dos and don’ts” to keep in mind when using the Ripstyles LLC services:

Don’t transfer our services, resell them, etc.; Comply with these terms and our E-mail Policy;

Do make sure that Ripstyles LLC is allowed to use your data as needed to provide you our services; Do not use our services to improve or train similar products and services;

Do not create multiple accounts as a way of getting around paying for the services;

Don’t reverse engineer, etc. any software we provide; and Comply with the law.

We are happy that you want to utilize our Services. But, you should know there are some restrictions on what you can do with them and requirements that you must follow if you use the Services.

 

5.1 Ripstyles LLC Services. With regard to the Ripstyles LLC Services, you agree that:

Except as provided in Section 3(b), you will not transfer, resell, lease, license or otherwise make available the Ripstyles LLC Services to third parties or offer them on a standalone basis;

You will not attempt to use the Ripstyles LLC Services to access or allow access to Emergency Services; You will ensure that the Ripstyles LLC Services are used in accordance with all applicable Law and third party rights, as well as these Terms and acceptable use policy as amended from time to time; You will ensure that we are entitled to use your Customer Data, as needed to provide the Ripstyles LLC Services;

 

You will not use the Ripstyles LLC Services in any manner that violates any applicable Law; and

Except as allowed by applicable Law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Ripstyles LLC Services.

5.2 Ripstyles LLC Services. With regard to the Ripstyles LLC Services, you agree that:

You will not transfer, resell, lease, license or otherwise make available the Ripstyles LLC Services to third parties or offer it on a standalone basis, or make any representation, warranty or guarantee to any End User or third party on behalf of Ripstyles LLC concerning the Ripstyles LLC Services;

 

You will ensure that your use of the Ripstyles LLC Services provided hereunder does not violate the terms of this Agreement, including the email policy which is hereby incorporated into this Agreement; You will ensure that we are entitled to use the Customer Data as needed to provide the Ripstyles LLC Services;  You will not use the Ripstyles LLC Services to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine;  You will not create multiple Customer Applications or Ripstyles LLC Service accounts to simulate or act as a single Customer Application or Ripstyles LLC Service account (respectively) or otherwise access the Ripstyles LLC Service in a manner intended to avoid incurring fees;

 

Except as allowed by applicable Law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Ripstyles LLC Services; and/or You will not use the Ripstyles LLC Services in any manner that violates any applicable Law.

 

6. Changes to the Services

We are always looking to innovate and make our services better, so our APIs and policy may change over time. We will let you know in advance if any API changes aren’t backwards-compatible.

 

The features and functions of the Services, including the Ripstyles LLC API may change over time. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current Services. Although we try to avoid making changes to the Services that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to let you know at least sixty (60) days prior to implementing those changes with respect to the Ripstyles LLC Services, and at least thirty (30) days prior to implementing those changes with regard to the Ripstyles LLC Services.

 

7. Export Controls

You must follow U.S. export and economic sanctions laws.

Also, the U.S. government publishes lists of people and organizations that U.S. companies aren’t allowed to do business with. If you use our services, then you are swearing that neither you nor your organization is on any of those lists. The Services may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving the Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer the Services. These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer the Services without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of the Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.

 

8. Affiliates

Your affiliates (businesses that your business controls) can use our services, but you and your affiliates will both be responsible for everything that your affiliates do when they’re using our services, including violating of these terms. If your affiliates want to bring a claim against Ripstyles LLC, then only you may do so on your affiliates’ behalf.

 

Your affiliates mean any entity or person that controls you, is controlled by you, or under common control with you, such as a subsidiary, parent company, or employee. Similarly, if we refer to our affiliates, we mean an entity or person that controls us, is controlled by us, or is under common control with us. Your affiliates may use the Services pursuant to these Terms, provided that these Terms apply to your affiliates. You and your affiliates that use th Services will be jointly and severally responsible for the acts and omissions of your affiliates, including, but not limited to, their breach of these Terms. Any claim from any of your affiliates that use the Services pursuant to these Terms may only be brought against us by you on your affiliates’ behalf.

 

9. Product Terms

Add-ons that you may purchase through the Ripstyles LLC Marketplace are not Ripstyles LLC products, but, instead, are being offered by third parties known as Add-on Providers. When you install an Add-on, you will need to agree to the Add-on Provider’s terms of service. Add-on Providers are responsible for their Add-ons — not Ripstyles LLC. So, if something goes wrong with an Add-on, you need to go to the Add-on Provider for help.

When you buy an Add-on, you are telling Ripstyles LLC that it’s okay for us to give the Add-on Provider information about you that they need so that they can let you use the Add-on.

If you buy an Add-on, it is for your use only and you can’t resell it to anyone else. Your end users, however, can use the Add-on if you provide it to them as part of your application.

9.1 Add-ons. We may make available through the Ripstyles LLC Marketplace additional features, functionality, and services (each, an “Add-on”) offered by third-party partners (each, an “Add-on Provider”). If you, at your sole discretion, choose to use an Add-on, then you will be required to accept the Add-on Provider’s terms of service (“Add-on Provider’s Terms”) as part of the Add-on installation process. You acknowledge for each Add-on you purchase through the Ripstyles LLC Marketplace, the Add-on Provider’s Terms constitute a binding agreement between you and the relevant Add-on Provider only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the relevant Add-on Provider; we are acting as agent for the Add-on Provider in providing each such Add-on to you; we are not a party to the license between you and the Add-on Provider with respect to that Add-on; and we are not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that we, and our affiliates, are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that we and our affiliates have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof. The Add-on Provider’s Terms shall not modify or otherwise supersede these Terms with respect to the Services.

 

By purchasing an Add-on, you grant us permission to share Customer Applications and Customer Data with the Add-on Provider as necessary in order to provide you the Add-on.

The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users, unless an Add-on is provided to your End Users through a Customer Application. You may not provide or resell Add-ons to others.

 

Technically, Ripstyles LLC is the “customer of record” for the phone numbers we give you. We may not always let you “port away” a phone number. Usually, though, we will let you port away a phone number if: you have a production-level Ripstyles LLC account in good standing; the phone number in question has been with us for more than 90 days;

you notify us that you want to port away the phone number; and

you are in compliance with these terms. If you gave a ported or Ripstyles LLC-purchased phone number to a third party, then you must get that third party’s approval to port away the phone number before you ask us to port-away a phone number.

 

9.2 Phone Number Porting. We have certain rights with respect to the porting of phone numbers if such phone numbers are used as part of the Ripstyles LLC Services. Unless otherwise required by applicable Law, we, at our sole discretion, reserve the right to refuse to allow you to port away any phone number ported into us or purchased from us. Furthermore, you understand that phone numbers are “locked” by default (i.e., we will dispute port-away requests unless you provide clear notice to us of your intent to port the number away from us) solely to prevent phone numbers from being ported away maliciously or mistakenly from us. Regardless, we may, at our sole discretion, allow you to port away phone numbers that you purchase from us and will allow you to port away phone numbers that you port to us, provided that you (a) have a production-grade Ripstyles LLC account in good standing; (b) have either ported in or purchased the phone number more than ninety (90) days prior to the port-away date; (c) provide clear notice to us of your intent to port the phone numbers away from us before execution of the port-away request; and (d) are in compliance with these Terms.

If we inform you of a request to port a phone number away from us and you have resold or reprovisioned that phone number to a third party, then you agree to promptly validate the port-away request with such third party. If such third party approves the port-away request, then you agree to (x) inform us of such third party’s approval for the port-away request and (y) not take any action to prevent the execution of such port-away request.

 

If you purchase a short code and use it with our services, then you:

may not change how you use your short code without getting approval for the new use from the telco provider who issued the short code; may not send messages to anyone who opts out; and need to follow all short code rules that telco providers have when using your short code.

 

9.3 Short Codes. If You use a short code with us, as a part of the Ripstyles LLC Services, then:

You will not change your short code use case (e.g., a campaign) approved by the telecommunications providers without first working with us to have the new short code use case approved by such telecommunications providers;

You will stop sending additional messages to any party that replies by texting “STOP” (or the equivalent) to the short code, except for sending a single text message confirming that such party has been successfully opted out of the short code; and

You will follow all applicable telecommunications provider rules with respect to the use of short codes, including, without limitation, telecommunications provider rules with respect to ensuring that each of your End Users knowingly and explicitly opts in to receive messages from the short code prior to receiving any such messages.

Any short code application that you submit (or that Ripstyles LLC submits on your behalf) needs to be approved by telecommunications providers. Ripstyles LLC does not have to refund any short-code related fees nor is Ripstyles LLC liable for anything else if your short code application gets rejected.

 

You agree that each short code application or request for a short code submitted by you or on your behalf by us (each, a “Short Code Application”) is subject to approval from the applicable telecommunications provider. We have no control over the telecommunications provider approval process for short codes and will bear no liability if a Short Code Application is rejected by a telecommunications provider. Furthermore, if a telecommunications provider rejects a Short Code Application, then we have no obligation to refund any short code-related fees paid by you to us prior to the telecommunications provider’s rejection of the Short Code Application.

10. Fees, Payment Terms, Taxes

You agree to pay the fees generated under your account(s). If you don’t have an order form with discounted fees, then you must pay the rates listed on our websites respectively.

 

If you use our services in violation of these terms and cause us to be fined or penalized, we will automatically bill you for it.

 

10.1 Fees. You agree to pay fees in accordance with the rates listed on our website anotherline.com with respect to the Ripstyles LLC Services, and pricing at anotherline.com in respect to the Ripstyles LLC Services, unless otherwise set forth in an order form or order confirmation between the parties (an “Order Form”).

 

Additionally, we will charge you, and you shall pay, in accordance with Section 10.3, any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunication provider as a result of your use of the Services in violation of these Terms.

You also agree to pay all applicable taxes.

 

If you are exempt from paying any taxes, though, please let us know and send us proof.

10.2 Taxes. Unless otherwise stated in an Order Form, you shall be responsible for and shall pay all Taxes imposed on or with respect to the Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us. “Taxes” mean all applicable federal, state and local taxes, fees, charges, telecommunications provider (e.g., carrier) surcharges or other similar exactions, including, without limitation, sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, VAT, GST, other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes. For purposes of this Section 10.2, Taxes do not include any Taxes that are imposed on or measured by our net income, property tax, or payroll taxes. If you are exempt from any such Taxes for any reason, we will exempt you from such Taxes on a going-forward basis once you deliver a duly executed and dated valid exemption certificate to our tax department and our tax department has approved such exemption certificate. Such exemptions should be sent directly to support@anotherline.com  If you are exempt from VAT or GST, then it is your responsibility to provide your VAT or GST registration number to us. If you provide us an exemption certificate or your VAT or GST number after you have paid Taxes, then we will provide, upon your written request, a credit to your Ripstyles LLC account for Taxes previously paid for up to a period of three (3) months from the date of receipt of your written request. If for any reason a taxing jurisdiction determines that you are not exempt from any such exempted Taxes and then assesses us such Taxes, you agree to promptly pay to us such Taxes, plus any applicable interest or penalties assessed.

 

Should you be required by applicable Law to withhold any tax from any payment owed to us, then you may provide us with an exemption certificate or similar document to reduce or eliminate any such withholding. Upon receipt of such certificate or document, you shall thereafter reduce or eliminate, as the case may be, such withholding. You shall provide us with documents evidencing your payment of any such withheld Tax to applicable tax authorities.

You will pay Ripstyles LLC LLC for any Ripstyles LLC Services you use, and you will pay Ripstyles LLC, LLC for any Ripstyles LLC Services you use.

 

If you pay by credit card, then you must make sure that you have topped your Ripstyles LLC account(s) up with sufficient funds to cover your monthly fees. If you do not have sufficient funds in your Ripstyles LLC account(s) to cover your monthly fees, then we may suspend our services.

 

If we approve you for invoicing, you agree to pay all fees that you owe to Ripstyles LLC in US dollars, unless we agree to another currency in writing, no later than 30 days after the date of the invoice. If you don’t pay on time, then we may send you a late notice. If we don’t get your payment within 10 days after the date on the late notice, then we may charge a late fee and/or suspend our services. Please pay us on time.

If we suspend our services to you for your non-payment, then we are not responsible for anything bad that might happen as a result.

 

10.3 Payment Terms. You will make all of the payments due hereunder to Ripstyles LLC LLC for the Ripstyles LLC Services and Ripstyles LLC, LLC for the Ripstyles LLC Services in accordance with the following applicable payment method:

10.3.1 Credit Card Payment Terms. If you elect to pay via credit card, then you are responsible for either (a) enabling auto-recharge on your Ripstyles LLC account(s) or (b) ensuring that your Ripstyles LLC account(s) has a sufficient positive balance to cover the undisputed fees due. If, for any reason, you have a negative balance on your Ripstyles LLC account(s), then we reserve the right to suspend the Services.

10.3.2 Invoicing Payment Terms. If you elect to receive invoices and pay in arrears and we approve you for the same, then invoices will be sent to you via e-mail as a PDF on a monthly basis. You will make all of the undisputed fees hereunder within thirty (30) days of the date of the invoice. Unless you and Ripstyles LLC agree otherwise in writing, all undisputed fees due pursuant to these Terms are payable in United States dollars, unless otherwise agreed to between the parties in writing. Payment obligations can’t be canceled and fees paid are non-refundable. If you are overdue on any payment of undisputed fees and fail to pay within ten (10) business days of a written notice of your overdue payment, then we may assess and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by applicable Law, whichever is less. Following the notice of non-payment, we may also suspend the Services until you pay the undisputed fees due plus any late fees.

10.3.3 Suspension for Non-Payment. If we suspend the Services pursuant to this Section 10.3, then we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any such suspension.

 

If you ever think that we charged you the wrong amount and you want to dispute it, then let us know, in writing, within 60 days of billing date for the charge in question.

10.4 Fee Disputes. You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.

 

11. Ownership and Confidentiality

What’s ours is ours, and what’s yours is yours.

11.1 General. As between you and Ripstyles LLC, we exclusively own and reserve all right, title and interest in and to the Services, Documentation, our Confidential Information and Customer Service Data; as well as any feedback, recommendations, correction requests, or suggestions from you or any End User about the Services (“Contributions”). As between you and Ripstyles LLC, you exclusively own and reserve all right, title and interest in and to each Customer Application and your Confidential Information.

Please let us know what you think about Ripstyles LLC and our services. By the way, though, if you send us feedback, then we can use it and we don’t owe you anything for it.

11.2 Suggestions and Contributions. We welcome your Contributions about the Services. But please know that by submitting Contributions you agree that:

we are not under any obligation of confidentiality with respect to your Contributions;

we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;

we own your Contributions; and

you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

If you use our services, then we can use your company’s name, logos, and description of how you use our services on our website, in earnings calls, and in marketing, promotional, or other materials available to the public in accordance with any of your usage guidelines. You can also use our name and logos and reference how you use our services as long as you do so in accordance with our usage guidelines, which you read in these legasls. Finally, we both agree to be honest about our relationship with each other — no shenanigans, please.

11.3 Use of Marks. Subject to these Terms, each of us (“Licensor”) grants the other (“Licensee”) the right to use and display Licensor’s name, logo, and your use case using the Services (the “Licensor Marks”) on Licensee’s respective websites, in earnings calls, and in other promotional or publicly distributed materials solely in connection with its respective activities pursuant to these Terms. Licensee’s use of the Licensor Marks will be in accordance with the Licensor’s applicable usage guidelines (Ripstyles LLC’s usage guidelines are available on our site) and will inure to the benefit of Licensor. Licensee will not use, register, or take other action with respect to any of the Licensor Marks, except if permitted in writing by Licensor. Licensee will always use the then-current Licensor Marks and will not add to, delete from, or modify any of Licensor Marks. Licensee will not, at any time, misrepresent the relationship between Licensee and Licensor. Licensee will not present itself as an affiliate or other legal agent of the Licensor. Licensee’s right to use and display the Licensor Marks pursuant to this Section 11.3 will end automatically in the event these Terms terminate.

 

We both agree not to tell anyone else about confidential information that we get from each other. Also, we both agree to only use each other’s confidential information as agreed to in these terms.

11.4 Confidentiality.”Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.

 

The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided, however, subject to Section 4, Ripstyles LLC may use and disclose your Confidential Information as necessary to provide the Services. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors, and, solely with respect to Ripstyles LLC, LLC SOC2 or similar report (which shall constitute Ripstyles LLC Confidential Information) to End Users, who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section 11.4. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable Law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure.

Money alone may not be enough to make either of us whole if one of us breaks our promise of confidentiality. So, we both can seek other remedies (like gag orders), if needed.

 

11.5 Injunctive Relief. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section 11 and that, in the event of an actual or threatened breach of the provisions of this Section 11, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section 11.

12. Representations and Warranties; Warranty Disclaimer

If you want to record or monitor calls, messages, or any other form of communications, then be warned that there are a lot of laws that govern these types of activities. You MUST comply with every law and regulation that applies. Ripstyles LLC STRONGLY SUGGESTS that you don’t do any of these things until the person(s) you want to record/monitor have given you permission to do so. If you break any applicable laws or regulations and, as a result, Ripstyles LLC gets sued, investigated, etc., then you will pay for it all.

You promise that you are only giving Ripstyles LLC any customer data for which you’ve given required notices and gotten permission as required by law. In addition, we will only use and disclose this customer data following Section 4 above.

We promise that our services will work the way we say they will in our published documentation.

 

12.1 Representations and Warranties.

12.1.1 Recordings and Communications Monitoring. If you record or monitor telephone calls, SMS messages, or other communications using the Services, then you represent and warrant that you will comply with all applicable Laws prior to doing so at all times. We make no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications, and recommend that you always secure prior consent to record or monitor communications using the Services. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to recording and monitoring features that are part of the Services, and you further agree to indemnify us and our affiliates in accordance with the terms of Section 13 (Indemnification) arising out of or related to your acts or omissions in connection with recording or monitoring telephone calls, SMS messages, or other communications, whether such claims arise under contract, tort, statute or other legal theory.

 

12.1.2 Customer Data. You represent and warrant that you have provided adequate notices and obtained the necessary permissions and consents to provide Customer Data to us for use and disclosure pursuant to Section 4 (Our Use of Customer Data).

12.1.3 Services. We represent and warrant that the Services will operate in accordance with applicable Documentation and will materially conform to any specifications contained therein. Ripstyles LLC’s sole obligation, and your sole and exclusive remedy, in the event of any failure by Ripstyles LLC to comply with this Section 12.1.3 will be for Ripstyles LLC to, at Ripstyles LLC’s option, re-perform the affected Services or refund to you the fees you actually paid for the affected Services.

Except for any of our explicit warranties in this Section 12 and our obligations in the SLA and support terms, we are offering our services “as is.”

Additionally, we have no liability associated with sensitive data (live social security numbers or private health information) you choose to send through the Services.

 

12.2 WARRANTY DISCLAIMER. WITHOUT LIMITING OUR EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, WE HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. EXCEPT FOR OUR EXPRESS WARRANTIES SET FORTH IN THIS SECTION 12 AND OUR OBLIGATIONS SET FORTH IN THE BETWEXT SLA AND THE SUPPORT TERMS, THE SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. BETWEXT WILL NOT BE LIABLE, AND WILL HAVE NO OBLIGATION TO INDEMNIFY YOU FOR SENSITIVE DATA (AS DEFINED BELOW) SENT TO RIPSTYLES

 

“Sensitive Data” shall mean (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (id racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable Law relating to privacy and data protection.

If we let you use our services that are still in Alpha or Beta testing, then you understand that they might contain bugs and defects. You understand that we don’t make any promises that Alpha or Beta services won’t have problems.

You understand that we will not be liable for any damages from your use of Alpha or Beta services.

 

12.3 BETA SERVICES. From time to time, you may have the option to participate in a program with us where you get to use alpha, beta, non-GA, limited release, developer preview, or any such similarly designated services, products features, and documentation offered by Ripstyles LLC (“Beta Services”). Ripstyles LLC may discontinue Beta Services at any time in its sole discretion and may decide not to make a Beta Service generally available. THESE BETA SERVICES ARE NOT GENERALLY AVAILABLE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, BETWEXT IS PROVIDING THE BETA SERVICES TO YOU “AS IS.” BETWEXT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY OR ANY PUBLISHED DOCUMENTATION THAT STATES OTHERWISE, BETWEXT DOES NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL MEET ANY SPECIFIED SERVICE LEVEL, OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME. BETWEXT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA SERVICE.

 

13. Indemnification

If our services violate someone else’s intellectual property right, then we will fight that fight and cover any money spent related to that fight.

13.1 Indemnification by Ripstyles LLC. We will defend, indemnify, and hold you harmless from and against all claims, demands, actions, suits, discovery demands, including, without limitation, third party subpoenas, government investigations or enforcement actions (“Claim”) brought or threatened against you by a third party and any damages, liabilities, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto alleging the provision of the Services as permitted hereunder infringes or misappropriates a third party copyright, trade secret, or patent (“Infringement Claim”).

If we think our services may violate someone else’s intellectual property right, then we may try to obtain the right for you to continue to use our services or modify our services so they are no longer infringing. If we are unable to do either, then we may terminate these terms and close your Ripstyles LLC account(s) and refund you any unused, pre-paid fees.

 

13.2 Infringement Options If your use of the Services has become, or in Ripstyles LLC’s opinion is likely to become, the subject of any Infringement Claim, Ripstyles LLC may at its option and expense: (a) procure for you the right to continue using the Services as set forth herein; (b) modify the Services to make them non-infringing; or (c) if the foregoing options are not reasonably practicable, terminate these Terms and refund you any unused pre-paid fees.

This Section 13.2 states your exclusive remedy, for any Claim by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates a third party copyright, trade secret, trademark or patent.

Ripstyles LLC will not pay for any bills, damages, costs, etc. for (1) a claim that was filed because you violated these terms and (2) any intellectual property infringement claim that arises from your use of our services with other applications, products, or services.

13.3 Limitations Ripstyles LLC will have no liability or obligation with respect to any (a) Claim and any Losses related thereto arising out of your use of the Services in breach of these Terms or (b) Infringement Claim and any Losses related thereto arising out of the combination, operation, or use of the Services with other applications, portions of applications, products, or services where the Services would not by themselves, and without modification, be infringing.

If someone comes after Ripstyles LLC because:

you or your end users violate these terms;

of something you or your end users do while using our services; or

of something related to your application,

then you have to fight that fight and cover any money spent related to that fight.

13.4 Indemnification by You. You will defend, indemnify and hold Ripstyles LLC, its officers, directors, employees, agents, stockholders, and affiliates (“Ripstyles LLC Indemnified Parties”) harmless from and against all Claims brought or threatened by a third party against a Ripstyles LLC Indemnified Party and any Losses related thereto alleging or arising out of (a) your or any of your End Users’ breach of or activities under these Terms; (b) your or any of your End Users’ use of the Services; or (c) your acts or omissions in connection with the provision of each Customer Application, including, without limitation, any intellectual property Claims relating to each Customer Application.

It’s difficult to translate this section in plain English, but here goes… If either you or Ripstyles LLC wants to be indemnified by the other party for a particular claim, then the party requesting indemnification needs to do certain things. If these things are not done, then the other party may not have to provide the requested indemnification. See the legal language for what is required.

13.5 Conditions of Indemnification As a condition of the foregoing indemnification obligations: (a) the indemnified party (“Indemnified Party”) will promptly notify the indemnifying party (“Indemnifying Party”) of any Claim, provided, however, that the failure to give such notice shall not relieve the Indemnifying Party of its obligations hereunder except to the extent that the Indemnifying Party was actually and materially prejudiced by such failure; (b) the Indemnifying Party will have the sole and exclusive authority to defend or settle any such Claim (provided that, the Indemnifying Party will obtain the Indemnified Party’s consent in connection with any act or forbearance required by the Indemnified Party, which consent will not be unreasonably withheld); and (c) the Indemnified Party will reasonably cooperate with the Indemnifying Party in connection with the Indemnifying Party’s activities hereunder, at the Indemnifying Party’s expense. The Indemnified Party reserves the right, at its own expense, to participate in the defense of a Claim. The Indemnifying Party, in connection with a Claim, will pay all Losses following notice of the Claim, which shall be provided in accordance with this Section 13.5 Notwithstanding anything herein to the contrary, the Indemnifying Party will not settle any Claims for which it has an obligation to indemnify pursuant to this Section 13 admitting liability or fault on behalf of the Indemnified Party, nor create any obligation on behalf of the Indemnified Party without the Indemnified Party’s prior written consent.

14. Limitation of Liability; Emergency Services

Generally speaking, neither of us owe each other for any bad things that might indirectly result from our services not working as intended, like lost business. You will, however, owe us for indirect damages if you violate Section 5 and 11.3 above. Also, we are both responsible to each other for indirect damages in satisfying your and our indemnification obligations.

Any direct damages we might owe each other cannot be more than the amount you’ve paid or should have paid in the previous 12-months. However, direct damages won’t be limited if they result from your failure to pay us on time, your breach of Sections 5 or 11.3, or satisfying your and our indemnification obligations.

Again, you may not use our services to connect to emergency services (like 911). If something bad happens because you or someone using our services under your Ripstyles LLC account(s) tries but is unable to reach emergency services, then Ripstyles LLC is not and cannot be held responsible.

14.1 INDIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 14.1 SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 5 (RESTRICTIONS AND REQUIREMENTS) OR SECTION 11.3 (USE OF MARKS); OR (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.

14.2 DIRECT DAMAGES.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS SECTION 14.2 SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 5 (RESTRICTIONS AND REQUIREMENTS), SECTION 10 (FEES, PAYMENT TERMS, AND TAXES), OR SECTION 11.3 (USE OF MARKS); OR (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.

THE PROVISIONS OF THIS SECTION 14 ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

14.3 EMERGENCY SERVICES DISCLAIMER. THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER BETWEXT NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD BETWEXT HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES.

15. Term; Termination; Suspension

These terms become effective on the day you click “I Accept” or when you or someone else starts using our services under your Ripstyles LLC account.

15.1 Term. These Terms, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated in accordance with Section 15.2 (Termination & Suspension) below (“Term”).

Either we or you may terminate these terms and close your Ripstyles LLC account(s) for any reason 30 days after one of us tells the other in writing. However, if there are any order form in effect, then these terms won’t terminate until all order forms has expired or been terminated.

If you significantly breach these terms, and don’t fix the breach within five (5) days of us telling you about the breach, then we may terminate these terms and close your Ripstyles LLC account(s).

Similarly, if we significantly breach these terms, and don’t fix the breach within five (5) days of you telling us, then you may terminate these terms.

We can suspend our services for several reasons, in addition to your failure to pay your fees when they are due, if: 1. you violate our Acceptable Use Policy or E-mail Policy; 2. you send fraudulent traffic; 3. your use negatively impacts the operation of our services; 4. legal conditions make it impractical for our services to operate; or 5. you file for bankruptcy or go out of business.

We’ll try to let you know if we need to suspend your Ripstyles LLC account(s) in advance if we can, but cannot guarantee this.

We will also try to work with you to remedy situations that could get your Ripstyles LLC account suspended.

15.2 Termination & Suspension. Either party may terminate these Terms and close your Ripstyles LLC account(s) for any reason upon thirty (30) days written notice to the other party. Notwithstanding the preceding sentence, if there is an Order Form(s) in effect, then these Terms will not terminate until such Order Form(s) have expired or been terminated. Ripstyles LLC, at its sole discretion, may terminate these Terms and close your Ripstyles LLC account(s) in the event you commit any material breach of these Terms and fail to remedy that breach within five (5) days after Ripstyles LLC provides written notice of that breach to you. You may also terminate these Terms in the event we commit a material breach of these Terms and fail to remedy that breach within five (5) days after providing written notice of that breach to us.

In addition to suspension of the Services for non-payment of fees as described in Section 10.3 (Suspension for Non-Payment), we may also suspend the Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) our Acceptable Use Policy or E-mail Policy; (b) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of the Services; (c) we determine, in our sole discretion, that providing the Services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Services; or (d) subject to applicable Law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. We will use commercially reasonable efforts to (x) provide you as much prior notice as possible of any situation that we are aware of that could lead to a right to suspend described in this paragraph, (y) work with you to remedy any situation that could lead to a right to suspend described in this paragraph if such situation can be remedied, and (z) limit any suspension as much a possible given the circumstances leading to the suspension (e.g., to certain phone numbers, sub-accounts or other subset of traffic).

16. Survival

Some terms are like zombies. They carry on even after these terms are terminated. That includes your payment obligations and Sections 4, 10, 11, 13, 14, 16, 17, and 18.

Upon termination of these Terms, your payment obligations, the terms of this Section 16, and the terms of the following Sections will survive (i.e. still apply): Section 4 (Customer Data), Section 10 (Fees, Payment Terms, and Taxes), Section 11 (Ownership and Confidentiality), Section 13 (Indemnification), Section 14 (Limitation of Liability; Emergency Services), Section 17 (General), and Section 18 (Agreement to Arbitrate).

17. General

We both agree to follow the law, regulations, rules, etc. that apply to us.

17.1 Compliance with Laws. Both you and Ripstyles LLC will comply with the applicable Law relating to each of our respective activities pursuant to these Terms.

Just because we don’t enforce some part of these terms against you now doesn’t mean we can’t start enforcing them against you later.

17.2 No Waiver. Our failure to enforce at any time any provision of these Terms, our Acceptable Use Policy, or E-mail Policy does not waive our right to do so later. And, if we do expressly waive any provision of these Terms, our Acceptable Use Policy, or E-mail Policy, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by you and us to be legally binding.

You cannot just transfer these terms or your obligations under these terms to someone else without our permission.

We can transfer these terms or our obligations under these terms without consent.

17.3 Assignment. You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void. Ripstyles LLC may assign these Terms, in whole or in part, without consent. Subject to this Section 17.3, these Terms will be binding on both you and Ripstyles LLC and each of our successors and assigns.

These terms don’t create any special relationship between us, like employer-employee, joint venture, or a partnership. Nothing will change that.

We both will be responsible for our own employees.

17.4 Relationship. You and Ripstyles LLC are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. You and Ripstyles LLC will be solely responsible for all of our respective employees and agents and our respective labor costs and expenses arising in connection with our respective employees and agents. You and Ripstyles LLC will also be solely responsible for any and all claims, liabilities or damages or debts of any type that may arise on account of each of our respective activities, or those of each of our respective employees or agents, in the performance of these Terms. Neither you nor Ripstyles LLC has the authority to commit the other of us in any way and will not attempt to do so or imply that it has the right to do so.

Except as explained in Section 18, if any part of these terms is not enforceable, the rest of the terms will still be enforceable.

17.5 Unenforceability. Except as described in Section 18 (Agreement to Arbitrate), if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event, the rest of these Terms will continue in full force and effect.

If you need to notify us, you must use our headquarters’ address and send a copy to suppot@anotherline.com

 

17.6 Notices. Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to Ripstyles LLC shall be copied to support@anotherline.com, Attn: General Counsel.

This is the only set of terms that governs our relationship. Any purchase order or other terms that you provide will not be binding or valid.

 

17.7 Entire Agreement. Except as provided in these Terms and any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by Ripstyles LLC, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms. Any purchase order document or similar document provided by you shall be construed solely as evidence of your internal business processes, and the terms and conditions contained thereon shall be void and have no effect with regard to these Terms between you and Ripstyles LLC and be non-binding against Ripstyles LLC even if signed by Ripstyles LLC after the date you accept these Terms.

 

If one of us can’t keep our promises because something crazy happens beyond our control (think earthquake, massive power outage, war), then that doesn’t count as a breach of these terms.

 

17.8 Force Majeure. No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

If you’re affiliated with a government entity, these terms still apply to your use of our services.

17.9 Government Terms. We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with these Terms. If you (or any of your End Users) are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by these Terms. All other use is prohibited and no rights other than those provided in these Terms are conferred. The Services were developed fully at private expense.

Other than arbitration (see the next section), if we can’t agree on something and we end up having a legal dispute, then Arizona laws will apply. We definitely don’t want to, but, if we have to go to court, then it will be in Gilbert, Arizona. Court isn’t a great option, but at least we’ll be in one of the best cities in the world!

17.10 Governing Law and Venue. The enforceability and interpretation of Section 18 (Agreement to Arbitrate) will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from Section 18, these Terms will be governed by and interpreted according to the laws of the State of Arizona without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except as provided in Section 18 (Agreement to Arbitration), any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted in either the state or federal courts of Gilbert, Arizona, and we each consent to the personal jurisdiction of these courts.

18. Agreement to Arbitrate

Please, please, please reach out to our Customer Support Team (they’re amazing!) before bringing a legal case.

Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.

If our Customer Support Team can’t help you with a dispute, then we both agree to go to binding arbitration, again, in Gilbert, Arizona. Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury deciding the case.

18.1 We Both Agree to Arbitrate. If a dispute cannot be resolved through our Customer Support Team, you or any of your affiliates on one hand and Ripstyles LLC and any of Ripstyles LLC’s affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the Services by binding arbitration in Gilbert, Arizona, or in another location that we have both agreed to.

This applies to all claims under any legal theory, unless the claim fits in one of the exceptions below in Section 18.2 (Exceptions to Agreement to Arbitrate). It also applies even after you have stopped using your Ripstyles LLC account(s) or closed it. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Pursuant to this Section 18 (Agreement to Arbitrate), you understand that you and your affiliates and Ripstyles LLC and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the Services.

Despite what we said above, there are some disputes that won’t go to arbitration, but to court, like IP disputes and disputes about your violation of our Acceptable Use Policy or E-mail Policy.

We also don’t have to arbitrate small claims court cases.

18.2 Exceptions to Agreement to Arbitrate. You and your affiliates on one hand, and Ripstyles LLC and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:

Your, your affiliates’, Ripstyles LLC’s or Ripstyles LLC’s affiliates’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

Your violation of our Acceptable Use Policy or E-mail Policy.

Also, any of us can bring a claim in small claims court either in Gilbert, Arizona, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court. In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

If we arbitrate, then we’ll do it through the American Arbitration Association (AAA). Before we even arbitrate, though, we’ll try mediation with an AAA mediator. If mediation doesn’t work, then we’ll go to arbitration through AAA with only one arbitrator (one is so much easier). And remember, the arbitrator’s decision will be final and binding.

18.3 Details of Arbitration Procedure. Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between us by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website or you can call them at 1-800-778-7879. The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the “Rules”) and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this Section 18 conflicts with the Rules, the language of this Section 18 applies. Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section 18 does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Arizona and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

We both agree not to bring a class action suit against the other.

If for some reason a court decides that this term isn’t enforceable, then this entire Section 18 will go away.

 

18.4 Class Action Waiver. Both you and your affiliates, on one hand, and Ripstyles LLC and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor Ripstyles LLC and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Ripstyles LLC customers, and cannot be used to decide other disputes with other customers. If a court decides that this Section 18.4 (Class Action Waiver) is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate) will be null and void (i.e., go away). But, the rest of the Terms will still apply.

 

19. Fun

Let your imagination run wild with Ripstyles LLC!

You understand and acknowledge that developing applications should be fun and easy, and by using the Services, you agree to let your imagination run wild.

DMCA Agent

Please contact our respective DMCA Agents for any copyright-related issues.

If you wish to reach our designated agent regarding copyright issues, please reach out to us at: Ripstyles LLC LLC Attn: Ripstyles LLC Designated DMCA Agent 2487 S Gilbert Rd Suite 106-626 Gilbert, AZ 85295 support@anotherline.com

Ripstyles LLC, LLC Attn: Copyright Infringement Agent 2487 S Gilbert Road, Suite 106-626 Gilbert, Arizona 85295, USA

If Ripstyles LLC is processing personal data that comes from the United Kingdom, EEA, or Switzerland on your behalf, then you can request a GDPR data protection addendum

For more information about Ripstyles LLC Inc’s compliance with the GDPR email us at support@anotherline.com

For more information about Ripstyles LLC, LLC’s compliance with GDPR, please email us at support@anotherline.com

For customers using Ripstyles LLC to process personal data from the European Economic Area (EEA), Switzerland, or the United Kingdom:

EU Data Protection Addendum. If Ripstyles LLC will be processing personal data from the EEA, Switzerland, or the United Kingdom on your behalf, and you wish to execute a Data Protection Addendum (DPA) with Ripstyles LLC, as required by the General Data Protection Regulation (GDPR), then you may do so by email us at support@anotherline.com. Upon receipt of your request, we will send you a GDPR DPA ready for execution.

For more information about Ripstyles LLC Inc’s compliance with the General Data Protection Regulation (GDPR),  support@anotherline.com for more information

For more information about Ripstyles LLC, LLC’s compliance with GDPR, please email us with any other questions

For Customers who reside in the European Union only:

Some things may change, but the main parts of our services will be available to you during the term.

1. The primary characteristics of the Services, as agreed upon between you and Ripstyles LLC will remain available to you during the Term.

If you reside in Germany, we promise that Ripstyles LLC will, for the most part, work as advertised for 12 months from your acceptance of these terms.

That’s as far as it goes though.

1. For Customers who reside in Germany, the following shall apply in relation to Warranties.
2. Ripstyles LLC warrants that for a period of 12 months from that date on which you enter into these Terms, the Services will materially comply with the specifications as agreed upon between you and Ripstyles LLC;
3. Any and all further warranties are excluded.

You will have a reasonable period from the date of a charge to dispute it.

10. Despite Section 10.4 (Fee Disputes) above, you will have a reasonable period from the date of any charge to dispute such charge.

We’re only liable to each other for things we do knowingly (or we really should’ve known).

If we should’ve known (but not really should’ve known), then each of us will be responsible for any significant breaches.

In either case, we’re not going to be liable to the other for indirect damages (like lost profits). Instead, we’ll only be liable to each other for direct (actual) damages and damages that anyone should have known could happen.

1. The following shall apply in relation to the limitation of liability:
2. The parties shall only be fully liable for intent and gross negligence as well as damages caused by injury to life, body or health;
3. In an event of slight negligence, the parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” in the sense of this provision is an obligation whose fulfillment makes the processing of these Terms possible in the first place and on the fulfillment of which the other party may therefore generally rely;

iii. In any of the above mentioned cases, the parties shall not be liable for any lack of commercial success, lost profits and indirect damages;

1. Liability in accordance with the above clauses shall be limited to the typical, foreseeable damages; and
2. Except where otherwise stated in these Terms, the parties shall not be liable for any loss or damage or any costs, expenses or other claims including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss or otherwise which arise out of or in connection with these Terms.

If we make significant changes to these terms, then we’ll tell you about them (in writing) at least 30 days before we make the change.

1. Ripstyles LLC may amend or modify these Terms from time to time, in which case the amended or modified version of these Terms will supersede all prior versions. Ripstyles LLC will notify you via e-mail not less than thirty (30) days prior to the effective date of any such amendment or modification and will inform you about the intended amendments or modifications. If you do not object to the amendment or modification within thirty (30) days from aforementioned notice, such non-objection may be relied upon by Ripstyles LLC as your consent to any such amendment or modification. Ripstyles LLC will inform you about your right to object and the consequences of non-objection with the aforementioned notice.

 

Copyright © 2020  Ripstyles LLC
All Rights Reserved.

Policy

You may not use the Ripstyles Services (DBA anotherline.com) without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, Ripstyles Services in the following prohibited ways:

1. Using the Ripstyles Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Ripstyles.
2. Attempting to bypass or break any security mechanism on any of the Ripstyles Services or using the Ripstyles Services in any other manner that poses a material security or service risk to Ripstyles or any of its other customers.
3. Reverse-engineering the Ripstyles Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Ripstyles Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Ripstyles Services.
5. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
6. Using the Ripstyles Services in any manner that materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) carrier guidelines and usage requirements as communicated in writing by Ripstyles to you.
7. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
8. Using the Ripstyles Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
9. Using the Ripstyles Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
10. Using the Ripstyles Services to engage in, or in connection with fraudulent activity.
11. Using the Ripstyles Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Ripstyles or your use of the Ripstyles Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
12. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software.
13. Using the Ripstyles Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
14. Using the Ripstyles Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Ripstyles reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
15. Using the Ripstyles Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene or otherwise objectionable to any person or entity who did not provide prior express consent to receive such material or content.
16. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call. General Notice: Please be sure to consistently check your IM/All Response messages and manage your unsubscribes prior to sending a campaign or message. Note: STOP to end will normally automatically unsubscribe your subscriber (when replied as a single word with no special characters or images). Be sure to utilize the manual unsubscribe tool to execute this operation for any other replies such as remove, cancel, emojis etc.

Phone Number Reclamation

All phone numbers are subject to rules and restrictions imposed by telecommunication carriers. In order to comply with such rules and restrictions, Ripstyles may, in its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunication carriers. Ripstyles, however, will use commercially reasonable efforts to (i) provide notice to you prior to any phone number reclamation and (ii) to work with telecommunication carriers to prevent the reclamation of any phone numbers.

This AUP has examples of restricted behavior, but does not list all restricted behaviors. Ultimately, Ripstyles will decide whether your use violates the AUP.

While we’ve done our best to make our AUP complete, readable, and understandable, you may still have additional questions. We get that. So, feel free to contact our support team at support@anotherline.com

Summary of Changes to Ripstyles’s Acceptable Use Policy

We’ve updated our Acceptable Use Policy (“AUP”), which will be effective starting March 1, 2018. If you want to review our old AUP, effective before March 1, 2018 please go to the bottom of this page.

What we have NOT changed

We have not eliminated any current restrictions under the AUP. You may not use our services in any way that is currently prohibited in the AUP and anything you are restricted from using our services for today will be continue to be restricted when the updated AUP takes effect on March 1, 2018.

As always, we expect that you will use our services as they are intended to be used and that you will not use our services for illegal, abusive or improper purposes.

This new AUP is applicable to all of our customers regardless of whether you have agreed to our Terms of service signed another agreement with Ripstyles.

What we HAVE changed

We have made small changes to our AUP to make it easier to understand.

New restrictions: 1. You may not use our services to harm Ripstyles or anyone else;
2. You may not use our services in any way that is not authorized by Ripstyles; and
3. You may not use our services to send, receive or process Protected Health Information in a way that violates the Health Insurance Portability and Accountability Act of 1996.

4. As of March 1, 2016, A $100 Phone Number Change fee will apply if requested by the client for any reason. Phone number changes (example a client requesting a new area code) may take 24-48 hours to implement.
5. As of March 1, 2016, A $250 closure fee will be applied if Ripstyles finds an account in violation of our Terms of Service and needs to close it down.

We now have minimum usage and call duration requirements, in line with similar requirements imposed by telecommunications carriers. PLEASE NOTE: Ripstyles will notify you in writing about any violation at least 30 days before we will take any actions with with respect to your Ripstyles account so that you will have an opportunity to work with Ripstyles to cure the violation.

This AUP has examples of restricted behavior, but does not list all restricted behaviors. Ultimately, Ripstyles will decide whether your use violates the AUP.

While we’ve done our best to make our AUP complete, readable, and understandable, you may still have additional questions. We get that. So, feel free to contact our support team supporot@

Or, if you prefer, you may write to us at:

Ripstyles LLC

2487 S. Gilbert Rd

Suite 106-626

Gilbert, AZ 85295
Ripstyles Acceptable Use Policy

Last Updated March 1, 2016

This Acceptable Use Policy (“AUP”) describes actions that Ripstyles prohibits when any party uses Ripstyles’s Services. This Policy is incorporated by reference and governed by the Terms of Service contains explanations of defined terms and takes precedence over any conflicting provisions in this AUP. You, the Customer, may not use the Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, Ripstyles’s Services in prohibited manners, including but not limited to the following: 1. Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of Ripstyles.
2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Ripstyles or any of its users.
3. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
4. Using the Services in any manner that may subject Ripstyles or any third party to liability, damages, or danger.
5. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
6. Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
7. Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction);, or requirements that Ripstyles may communicate to its Customers including any usage requirements.
8. Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
9. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
10. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
11. Using the Services to engage in or in connection with fraudulent activity.
12. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Ripstyles or your use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
13. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
14. Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the Ripstyles Terms of Service. 15. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
16. Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
17. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
18. Using the Services, or any component of the Services, in any manner not authorized by Ripstyles.

Furthermore, you agree that the following minimum usage and call duration requirements, which will be measured at the master account level on a calendar month basis, apply to your use of the Services, and you understand that we will provide you with notice of any violation of these requirements and allow you thirty (30) days to comply before taking any further action with your account in accordance with the Terms of Service or your agreement with Ripstyles: 1. Each phone number must have at least two (2) transmissions, which transmissions may be in the form of an inbound or outbound call, or SMS message.
2. No more than 10% of your outbound voice calls may be under twelve (12) seconds in duration.
3. No more than 10% of your inbound toll-free voice calls may be under twelve (12) seconds in duration.
4. No more than 10% of your inbound toll-free calls may be incomplete (i.e. unanswered).

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Ripstyles in its sole discretion.

The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using Ripstyles services.

Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the Ripstyles platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the Ripstyles Services.

You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the Ripstyles Services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the Ripstyles Services by visiting the following websites or areas:

DoNotCall Registry Info, http://www.donotcall.gov

Federal Trade Commission, http://www.ftc.gov

Federal Communications Commission, http://www.fcc.gov

Individual State Do Not Call Lists

The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. Ripstyles owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

Use Policy Prior to March 1, 2016 updates:

This Acceptable Use Policy describes actions that Ripstyles prohibits when You use its website and/or services (the “Services”). You acknowledge and agree that this policy may be revised from time to time by Ripstyles at its sole discretion, with any such modifications effective when the revised Acceptable Use Policy as posted on our site. It is Your responsibility to review this Acceptable Use Policy frequently and remain informed about any changes to it, so we encourage You to visit this page often. This Acceptable Use Policy is governed by our Terms of Service, and all undefined terms herein shall be as defined in the Terms of Service.

 

Ripstyles may in its sole discretion determine whether You are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. As specified below, Ripstyles maintains the position that using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. Please be sure to consistently check your IM/All Response messages and manage your unsubscribes prior to sending a campaign or message. Note: STOP to end will normally automatically unsubscribe your subscriber (when replied as a single word with no special characters or images). Be sure to utilize the manual unsubscribe tool to execute this operation for any other replies such as remove, cancel, emojis etc.

 

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.

 

• Adversely impacting the availability, reliability, or stability of Ripstyles’s Services
• Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Ripstyles’s Services
• Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Ripstyles, to any user of our Services, or to any of our or their respective customers
• Using the Services in any manner that may subject us or any third party to liability, damages or danger
• Using Ripstyles’s Services with credentials that do not belong to You, or intentionally or unintentionally allowing others to use Your Ripstyles credentials
• Engaging in fraud with respect to Your account
• Using Your account to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems such as those by classified advertising websites
• Using any of the Ripstyles Properties or Ripstyles Marks other than as expressly permitted in the Terms of Service
• Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party
• Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations such as the CAN SPAM Act of 2003 and the Do-Not-Call Implementation Act
• Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
• Use of Ripstyles SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
• Offering any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services
• Promoting or engaging in illegal activities
• Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age
• Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from Ripstyles’s website without their express consent
• Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using Your account
• Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs
• Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software
• Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks
• Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network

Industry Standards for Short and Long Code Campaigns

Per Ripstyles’s terms your company is required to comply with carrier compliance requirements, industry standards, and applicable law in the use of any Ripstyles-provided short or long code numbers.

The compliance guidelines in the links below are provided as a courtesy to assist you in building a short code message flow and advertising that complies with carrier requirements and industry standards.  You should expect that your text campaign will be audited at some point by a carrier or industry organization.  In our experience, campaigns are typically audited for compliance with the industry guidance found at the links below.  Please note, though, each carrier reserves the right to suspend texting service for any user at any time, and following the compliance guidance in the links below is not a guarantee against a carrier suspending texting service.

Industry Guidance Materials:

• For US Campaigns – CTIA Short Code Monitoring Handbook
• For Canada Campaigns – Canada Wireless Telecommunications Association txt.ca website
• For UK Campaigns (service coming soon from Ripstyles) – UK Campaign Handbook

In addition, your text messaging campaigns, whether they use short codes or long codes, may also be subject to compliance requirements under applicable laws and regulations.  Some of these legal compliance requirements overlap with the carrier requirements and industry standards.  However, there may be legal compliance requirements in addition to the carrier requirements or industry standards.  Therefore, you should not assume that you need only comply with carrier requirements to have a fully-compliant text messaging campaign.  Which laws and regulations apply will depend on the particulars of your text messaging campaign including such things as where the texts originate, where recipients of your texts are located, where your company is located, the industry you are in, and the content of your text messages.  Please note that Ripstyles is not in a position to interpret any laws, rules, or regulations and is providing this information only as a courtesy.  You should consult with your legal counsel to ensure that your text messaging campaign is compliant with all laws, regulations, and requirements that apply to your particular text messaging campaign.

Please note that we may provide summaries of best practices to our clients as a courtesy only and are not intended as a replacement for reading the full industry guidance documents found at the links above or for consultation with your legal counsel

Remedies

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and Ripstyles may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any and all outstanding charges accumulated through Your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, Ripstyles may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Ripstyles stating that they have been harmed by Your failure to abide by this Acceptable Use Policy. Ripstyles’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Ripstyles’s rights hereunder.

 

Messaging and Voice Policy

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Ripstyles and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages including voice messages. Towards that end, we strive to work with our customers so that messages–whether SMS, MMS, voice or chat–are sent or called with the consent of the message recipient, and that those messages comply with local laws and measures of fairness and decency.

This principle is central to our this use that you agree to upon signup.

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Ripstyles customers partner with us to map out that path.

What Is Proper Consent?

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, we need to meet each of the consent requirements listed below. Ripstyles requires that all customers adhere to these same requirements when dealing with their users and customers by agreeing to our terms, privacy, legals and use terms upon signup.

Consent Requirements

• Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, You must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
• If you do not send an initial message to that individual within 30 days of receiving consent, then you will need to reconfirm consent (see “Double Opt-in” below).
• The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.
• All calls made must be in compliance based on the laws in your region.

Alternative Consent Requirements: The Two Exceptions

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

• Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent.

Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

• Contact initiated by you to send informational content to an individual based on having a prior relationship

You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on your relationship. An example of such a relationship and message is a dentist reminding a patient of an appointment.

In addition to appointment reminders, other examples include receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

The individual must have knowingly provided their phone number to you, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.

NOTE: The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or you have consent for informational content of the type noted above based on a prior relationship.

Double Opt-in Consent

We require double opt-in consent in some limited use cases. Many of these use cases listed below generate the majority of complaints about unwanted messages which is why the burden of consent is higher.

• Affiliate marketing including multi-level marketing – this is typically a marketing arrangement which an online retailer pays commission to an external website for traffic or sales generated from its referrals.
• Lead generation services
• Sweepstakes
• Financial products, unless you are the financial institution directly offering the product. These include debt refinancing, short-term credit offers, and payday loans
• Job alerts
• Work-from-home offers

Double opt-in is a two step process:

• First, the message recipient must knowingly provide consent to you or your customer prior to receiving any text message. That consent must be provided through an electronic signature or some other online sign-up form that makes clear to the individual they are agreeing to receive messages of this type.
• Second, in your first text message to that individual, you must identify yourself and prompt the individual to confirm their consent.

For example, your first outbound message would be compliant if it included text similar to, “This is Company X. You recently signed up to receive text messages from us. Please reply YES to confirm or STOP to unsubscribe.” Only after you receive the confirmation “YES” may you send a follow-up message with information related to a topic listed above.

Identifying Yourself as the Sender

Every message you send must clearly identify you as the sender, except in follow-up messages of an ongoing conversation.

Message Recipient Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Periodic Messages and Ongoing Consent

In some cases, you may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that your message includes a reminder to the individual about how to unsubscribe. If you send more than one message in a given month, you need to include the reminder in just one of those messages–not in all of the messages that you send in that month.

You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months.

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located. Additionally, our acceptable use policy bans sending any content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable, even if the content is permissible by law and appropriate age restrictions are in place.

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Those content types include:

• Anything that’s illegal in the jurisdiction where the message recipient lives.
• Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate. You can find a fuller description of hate and other prohibited types of speech in our acceptable use policy.
• Fraudulent messages.
• Malicious content, such as malware or viruses.
• Any content that is designed to intentionally evade filters.

How We Handle Violations

When we identify a violation of these principles, we work with customers in good faith to get them back into compliance. To protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to remove access to the Ripstyles platform for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area.

By using our text messaging services, you agree that we and those acting on our behalf may, in certain circumstances, send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to info@netpicks.com, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.