SMS TEXT MESSAGING TERMS & CONDITIONS
Please read these SMS/Text Messaging Terms & Conditions carefully. By check-marking the SMS/Text Messaging Opt-In Form, you expressly consent to receive text messages from "BIZ ROUTES INC", including text messages made with an Autodialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from BIZ ROUTES INC or by otherwise contacting the BIZ ROUTES INC as indicated below. You can receive help at any time by replying HELP to any text message from BIZ ROUTES INC or by otherwise contacting BIZ ROUTES INC as indicated below. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of BIZ ROUTES INC services.
BIZ ROUTES INC offers its text messaging program whereby BIZ ROUTES INC, and any applicable service providers, will text message you to provide you with information concerning your account activity such as new leads with BIZ ROUTES INC and other BIZ ROUTES INC products, services, and promotions (all of the foregoing the "BIZ ROUTES INC Program"). BIZ ROUTES INC. will send you an SMS that will aware you of a new lead that has requested more information from you, the SMS will contain a link that will redirect back to your portal where you will sign in and decide if you want to open a message for a fee, BIZ ROUTES INC and its service providers may, from time to time, use standard or an automatic telephone dialing system ("Autodialer") to deliver text messages to you under the BIZ ROUTES INC Program. You agree that you will not use the BIZ ROUTES INC Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the BIZ ROUTES INC Program.
Under the BIZ ROUTES INC Program, the number of BIZ ROUTES INC text messages that you receive may vary depending upon your account, any new potential buyer that requests more information through your listings will receive an SMS message with a unique number, and your communication with BIZ ROUTES INC. you may choose to open or ignore SMS messages.
BIZ ROUTES INC does not impose a separate fee for sending BIZ ROUTES INC text messages under the BIZ ROUTES INC Program. However, standard message and data rates may apply to each text message sent or received in connection with the BIZ ROUTES INC Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.BIZ ROUTES only charges for leads that are on from our platform.
Supported Carriers; Interruption
The BIZ ROUTES INC Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The BIZ ROUTES INC Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the BIZ ROUTES INC Program are available on all equipment/mobile devices, or through all wireless carriers. BIZ ROUTES INC may, from time to time, in its discretion and without notice to you, limit the carriers that support the BIZ ROUTES INC Program. Certain other carriers may not support the BIZ ROUTES INC Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The BIZ ROUTES INC Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of BIZ ROUTES INC's control, and BIZ ROUTES INC is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the BIZ ROUTES INC Program. If the BIZ ROUTES INC Program is not available within your intended location, you agree that your sole remedy is to cease using the BIZ ROUTES INC Program.
How to Opt-In
To opt-in to receive text messages from BIZ ROUTES INC under the BIZ ROUTES INC Program, complete the SMS/Text Messaging Opt-In Form and submit it to BIZ ROUTES INC. BIZ ROUTES INC will then send you a text message asking you to confirm your enrollment in the BIZ ROUTES INC Program.
How to Opt-Out
To STOP receiving text messages from BIZ ROUTES INC, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the BIZ ROUTES INC text-messaging program. You may also opt-out by providing written notice to the BIZ ROUTES INC at by emailing [email protected]
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity.
You agree to maintain accurate, complete, and up-to-date information with BIZ ROUTES INC regarding your use of the BIZ ROUTES INC Program, including, without limitation, notifying BIZ ROUTES INC in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify BIZ ROUTES INC in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify BIZ ROUTES INC if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To receive BIZ ROUTES INC text messages or enroll in the BIZ ROUTES INC Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the BIZ ROUTES INC Program, and authorized to incur any mobile message or data charges incurred by participating. BIZ ROUTES INC reserves the right to require you to prove foregoing to participate in the BIZ ROUTES INC Program.
Changes to this SMS/Text Messaging Terms & Conditions
BIZ ROUTES INC may revise, modify, or amend these SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to BIZ ROUTES INC website. You agree to review these BIZ ROUTES INC SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages will indicate your acceptance of those changes.
Release: No Warranties; Limitation of Liability
By participating in the BIZ ROUTES INC Program, you agree to release and hold harmless BIZ ROUTES INC and its representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the BIZ ROUTES INC, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE BIZ ROUTES INC PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OR TRADE. BIZ ROUTES INC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, AND NON-INFRINGEMENT.
In no event shall BIZ ROUTES INC be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the BIZ ROUTES INC Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND BIZ ROUTES INC ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND BIZ ROUTES INC OR ANYONE ACTING ON YOUR OR BIZ ROUTES INC'S BEHALF, OR THE BIZ ROUTES INC PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND BIZ
ROUTES INC INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST construe IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.
EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims, matters, and disputes between you and BIZ ROUTES INC alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and BIZ ROUTES INC arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and Biz Routes Inc or anyone acting on your or BIZ ROUTES INC's behalf, or the BIZ ROUTES INC Program, BIZ ROUTES INC, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys' fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.
The law of the State of ____ including its statutes of limitations and without reference to any conflict of laws principles shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the BIZ ROUTES INC Program, or any text messages between you and BIZ ROUTES INC or anyone acting on your or BIZ ROUTES INC's behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by email at [email protected].