Terms & Conditions
Terms and Conditions
Last updated February 14, 2019
Please make sure you review our Acceptable Use Policy too!
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (collectively, the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws. The Site’s Content and Marks are provided “AS IS” for your personal information and use only. Without our express prior written permission, no part of the Site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access, only for your personal, non-commercial use, provided that you are eligible to use the Site. We reserve all rights in and to the Site, the Content, and the Marks that are not expressly granted to you.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if you provide any information that is untrue, inaccurate, not current, or incomplete (or any portion thereof).
FEES AND PAYMENT
Visa, Mastercard, American Express, Discover, and US Domestic Wire Transfer are all accepted means of payment.
Some of our services may require you to purchase or pay a fee in order to use them. For any transactions made through the Site, you undertake to provide current, complete, and accurate purchase and account information. You also agree to keep your account and payment information up to date, including your email address, payment method, and card expiration date, so that we can complete your transactions and contact you as needed. We charge you for purchases made on the Site using an online billing account. We will add sales tax to the price of purchases if it is deemed necessary by us. We have the right to adjust pricing at any moment. All payments have to be made in US dollars.
You agree to pay all charges or fees at the then-current pricing for your purchases, and you allow us to charge any such amounts to your chosen payment provider when you make your purchase. If your purchase is subject to recurring charges, you consent to us billing your payment method on a recurrent basis without your prior approval, until you notify us of your cancellation.
We have the right to remedy any pricing errors or mistakes, even if payment has already been requested or accepted. We also have the right to decline any order submitted via the Site.
We shall automatically consider your account and payment fraudulent if we receive a chargeback on your purchases. Your account will be suspended, and you will be required to explicitly transfer ownership of any Contacts and data in the account to us.
You accept and agree that in the event of an Account Suspension, any phone numbers in your account are disconnected, forfeited, and subject to immediate release, solely at our discretion, for any reason or no reason at all. We assume no responsibility for keeping phone numbers for suspended accounts and/or accounts that have violated this agreement.
Furthermore, you acknowledge and agree that in the event of an Account Suspension, all of your existing Contact data is forfeited and subject to immediate deletion, completely at our discretion, for any reason or no reason at all. At our sole discretion, we assume no responsibility for maintaining contact or communication data for suspended accounts and/or accounts in violation of this agreement.
It is possible that you will be forced to register with the Site. You agree to keep your password private and are solely responsible for all activities that occur under your account and password. If we find, in our sole discretion, that a username you choose is improper, obscene, or otherwise objectionable, we reserve the right to remove, reclaim, or replace it.
For the Services, we may provide customer and technical assistance to you via telephone, chat, forums, FAQs, and email. The types of assistance we provide are determined by the items you purchased and the number of seats in your organization that use our Service. SimpSocial determines the types of support we provide at its own discretion, and it may alter from time to time. We offer no assurances or representations that we will be able to fully remedy any difficulties you have mentioned. We have no duty to offer extra customer support, technical support, or solutions (e.g., software bug fixes) to any difficulties that may emerge in your use of the Services unless otherwise stated in this section.
You may not access or use the Site for any other purpose than the one for which we provide it. The Site may only be used in connection with commercial ventures that we have officially endorsed or approved.
You agree as a user of the Site not to:
- Make any unauthorized use of the Site, such as gathering user usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts through automated means or under false pretenses.
- Avoid, disable, or otherwise interfere with the Site’s security mechanisms, such as those that prevent or restrict the use or copying of any Content or impose restrictions on the use of the Site and/or the Content included therein.
- Unauthorized framing or linking to the Site is prohibited.
- Trick, deceive, or mislead us or other users, especially if you’re trying to learn critical account information like passwords.
- Make unauthorized use of our support services or file fake abuse or misbehavior reports.
- Engage in any automated system use, such as sending comments or messages using scripts, or utilizing data mining, robots, or other data collection and extraction tools.
- Interfere with, disrupt, or place an undue burden on the Site, its networks, or services.
- Attempting to impersonate another user or person, or using another user’s account.
- Your profile can be sold or transferred in some other way.
- Use any information you get from the Site to harass, abuse, or injure someone else.
- Use the Site in any attempt to compete with us, or for any other revenue-generating initiative or commercial operation.
- Decipher, decompile, disassemble, or reverse engineer any of the software that makes up or forms part of the Site in any way.
- Attempt to go beyond any Site security measures that are in place to prevent or restrict access to the Site, or any part of it.
- Harass, irritate, harass, or threaten any of our employees or agents who are providing you with access to any part of the Site.
- Remove any content that contains a copyright or other proprietary rights notice.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, or alters the Site’s use, features, functions, operation, or maintenance.
- Upload or transmit (or attempt to upload or transmit) any content that operates as a passive or active information collection or transmission mechanism, such as gifs, 11 pixels, web bugs, cookies, or other similar devices (sometimes known as “spyware” or “passive collecting mechanisms” or “pcms”).
- Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or Internet browser usage.
- Disparage, tarnish, or otherwise hurt us and/or the Site, in our opinion.
- Use the Site in a way that violates any laws or regulations that may apply.
- Send unsolicited messages, phone calls, automated calls, SMS, and other similar communications through the Site.
- Use the Site for any type of outbound telemarketing.
- Using our Services to tamper with phone-based verification systems (for example, Craigslist);
- Using our services to help with remote computer repair or “virus elimination”;
- Using our Services in any way that could put you in danger
- SimpSocial or any other third party may be held liable for damages, violations of the law, or danger.
- Promoting or participating in criminal activity;
- Unsolicited marketing messages or broadcasts (also known as spam);
- Any calls to life-saving services, such as hospitals, fire departments, police departments, 911, or utility-related phone numbers;
- Using strings of numbers because engaging two or more lines of a multi-line business is illegal;
- Using our Services in a manner that is inconsistent with our Acceptable Use Policy (link).
TCPA Compliance And Indemnification.
a. Client shall use any and all SimpSocial services for customer outreach (“SimpSocial Services”) in accordance with all applicable laws and regulations (including, without limitation, the Telephone Consumer Protection Act (TCPA) (and its consent requirements), Telemarketing Sales Rule (TSR), and all other federal and state laws and regulations). Client is solely responsible for the content of any messages, the selection of message recipients, the acquisition of all applicable consents from recipients (such consents must, among other things, satisfy the TCPA and TSR requirements), and the mode, time, and means of message delivery.
b. Client represents and warrants that no outreach via SimpSocial Services will be attempted for marketing purposes unless the called party has provided their express written consent by accepting (by signature acceptable under the E-Sign Act) a clear and conspicuous disclosur.
c. Client represents and warrants that: I it has familiarized itself with all applicable regulations, standards, and case law regarding properly obtaining the valid express written consent; (ii) it has obtained the needed consent from the called party with respect to that outreach attempt; and (iii) a record of the express written consent will be maintained.
d. Client also represents and certifies that the express written consent it acquires will be in full compliance with the TCPA and any other applicable laws, rules, or regulations (whether state or federal) relevant to consent granting (or such analogous acts). Client further represents and declares that it will not submit any lead for use with the SimpSocial Services for which the called party has not supplied the TCPA-required approval. Client also represents and declares that, in the event that any called party opts out, it will seek any required prior consent for that called party before resuming any outreach campaign to that called party. SimpSocial will not be responsible for reviewing or validating the existence or usefulness of any consent record.
e. If SimpSocial receives notice from a third party (including a governmental agency or authority) that Client’s use of the SimpSocial Services may violate any federal, state, or local law or regulation, including but not limited to the TCPA or TSR, SimpSocial may suspend Client’s use of the SimpSocial Services until SimpSocial receives reasonable assurance that Client’s use does not violate such law or regulation.
f.Client agrees to indemnify, defend, and hold SimpSocial, each of its affiliated independent contractor agents, and their agents, employees, lawyers, subsidiaries, directors, members, partners, and successors (“SimpSocial Indemnified Parties”) harmless from and against any and all claims, proceedings, and demands asserted or alleged by third parties against a SimpSocial Indemnified Party (Claims), as well as any damages, settlements, judgments, losses, liabilities, and other Client is solely responsible for defending any SimpSocial Indemnified Party against any such claim or suit, with the SimpSocial Indemnified Party having the right to select its own counsel at Client’s expense. Client shall be responsible for any settlement payments to extinguish any claim against any SimpSocial Indemnified Party arising out of any actual or alleged failure of Client to comply with the representations of this paragraph, even if a resolution is made before Client has formally accepted its indemnity or defense obligations, regardless of the ultimate merits of any suit or claim.
MOBILE APPLICATION LICENSE
Apple and Android Devices
When you visit the Site via a mobile application downloaded from the Apple Store or Google Play (each a “App Distributor”), the following terms apply: (1) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device running the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application; (3) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in (3) If the mobile application fails to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and the App Distributor will have no other warranty obligation with respect to the mobile application to the maximum extent permitted by applicable law; (4) you represent and warrant that
You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information you give to us about the Site (“Submissions”) is non-confidential and becomes our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby relinquish all moral rights to any such Submissions and warrant that any such Submissions are your original work or that you have the authority to submit them. You acknowledge that you will have no recourse against us if your Submissions are allegedly or actually infringed upon or misappropriated.
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
We reserve the right, at our sole discretion, to edit, modify, or eliminate the contents of the Site at any time and for any reason. We are not obligated to update any information on our Site, however. We also retain the right to change or cancel the Site, in whole or in part, at any time and without notice. Any modification, price change, suspension, or discontinuance of the Site will not be liable to you or any third party.
If the Parties are unable to resolve a Dispute through informal talks, the Dispute shall be finally and exclusively decided by binding arbitration (save for those Disputes expressly excluded below). YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD BE ENTITLED TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at www.adr.org. The AAA Consumer Rules govern your arbitration fees and your share of arbitrator remuneration, and the AAA Consumer Rules limit your arbitration fees where applicable. If the arbitrator finds such charges to be exorbitant, we shall cover all arbitration fees and expenses. The arbitration can take place in person, by document submission, over the phone, or online. The arbitrator will issue a written ruling but will not be required to provide a statement of reasons unless either Party requests one. If the arbitrator fails to follow applicable legislation, any award may be contested. Except as otherwise provided herein, the arbitration will take place in Los Angeles County, California, unless otherwise required by the applicable AAA rules or applicable law. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.
Any Dispute made by either Party relating to the Site shall not be brought more than one (1) year after the cause of action began. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute arising out of that portion of the provision that is found to be illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the jurisdiction listed above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration will be limited to the Dispute between them alone. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) no Dispute shall be arbitrated on a class-action basis or using class-action procedures; and (c) no Dispute shall be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are exempt from the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute arising out of that portion of the provision that is found to be illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the jurisdiction listed above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be typographical mistakes, inaccuracies, or omissions in material on the Site, such as descriptions, pricing, availability, and other information. We retain the right, without prior notice, to correct any mistakes, inaccuracies, or omissions, as well as to alter or update the information on the Site.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOU WILL USE THE SITE AND OUR SERVICES AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NA WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
LIMITATIONS OF LIABILITY
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $250.00 USD. CERTAIN STATE LAWS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU IF THESE LAWS APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
For the purpose of managing the Site’s performance, as well as data relating to your use of the Site, we shall save certain data that you provide to the Site. Despite the fact that we back up data on a regular basis, you are solely liable for all data that you communicate or that relates to any activity you have done on the Site. You agree that we will not be liable to you for any loss or corruption of such data, and you agree to waive any right of action you may have against us as a result of such loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communications include visiting the Site, sending us emails, and filling out online forms. You agree to receive electronic communications and that all agreements, notices, disclosures, and other communications we send you electronically, via email and on the Site, meet any legal need that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or obligations you may have under any statutes, regulations, rules, ordinances, or other legislation in any country that require an original signature, delivery, or keeping of non-electronic records, or payments or credit granting by methods other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If your complaint with us is not handled satisfactorily, you may contact the California Department of Consumer Affairs’ Complaint Assistance Unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (818) 740-6004 or (818) 740-6004.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
71 Broadway # 202
New York NY 10006