Terms of Service
Last updated: May 27, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://clickfirstmarketing.com website (the “Service”) operated by ClickFirst Marketing, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ClickFirst Marketing, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ClickFirst Marketing, LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ClickFirst Marketing, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ClickFirst Marketing, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ClickFirst Marketing, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
ClickFirst Marketing, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ClickFirst Marketing, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by ClickFirst Marketing, LLC on a case-by-case basis and granted in sole discretion of ClickFirst Marketing, LLC.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
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.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of ClickFirst Marketing, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ClickFirst Marketing, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ClickFirst Marketing, LLC.
ClickFirst Marketing, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ClickFirst Marketing, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Shortcode: Your mobile messaging program will make use of a third party provisioned shortcode, unless otherwise stipulated in writing.
Charges: Standard message and data rates may apply to any user sending or receiving SMS messages.
STOP: You can cancel the SMS service at any time. Just text “STOP” to the provided shortcode. After you send the SMS message “STOP”, 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. To unsubscribe from a particular textword, text “STOP” and the textword to the provided shortcode. We will send you an SMS message to confirm that you have been unsubscribed from that list. Text “STOP ALL” to the provided shortcode to remove your number from any and all text messages and/or MMS messages coming from the provided shortcode. 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.
HELP: If at any time you forget what keywords are supported, just text “HELP” to the provided shortcode. 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.
SMS Coverage: ClickFirst Marketing, LLC currently supports coverage in the United States.
Customer & Technical Support: Customer and Technical Support for ClickFirst Marketing, LLC may be contacted during normal business hours. Normal business hours are defined as 9am to 5pm Eastern Standard Time, Monday through Friday. ClickFirst Marketing, LLC’s support staff will handle any calls made on holidays or outside normal business hours on the following day.
Incorporation of MMA Guidelines: All parties agree to adhere to current Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.
In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.
Content: The term “Content” refers to the data you are asking ClickFirst Marketing, LLC. to store, process, or transmit to end users. You represent the following:
- You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.
- All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
- The Content adheres to the current Association “U.S. Consumer Best Practices Guidelines”. Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.
- The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, Florida, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.
- ClickFirst Marketing, LLC prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, medication. ClickFirst Marketing, LLC reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by ClickFirst Marketing, LLC.
ClickFirst Marketing, LLC reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that ClickFirst Marketing, LLC. deletes or refuses to transmit Content, the company will contact you to inform you of the problem. ClickFirst Marketing, LLC. will work with you to complete the campaign.
You permit ClickFirst to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on).
Campaigns: ClickFirst Marketing, LLC. may refuse, suspend, terminate any campaign, text program or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Cellular Carrier guidelines or that violates any applicable law or regulation.
Mobile Phone Numbers Provided To Us:
By providing mobile phone numbers for use on the ClickFirst Marketing, LLC platform, you represent that:
- You are in compliance with MMA and TCPA Guidelines.
- ClickFirst Marketing, LLC’s website (ClickFirstMarketing.com)’s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.
- Transmission of messages to those phone numbers does not violate any applicable laws or regulations.
Reporting: Receiving access to ClickFirst Marketing, LLC’s messaging platform will confirm the start of the campaign and provide proof of performance.
Service Level and Third Party Reliance: Uptime for ClickFirst Marketing, LLC’s messaging platform is 99.8%. ClickFirst Marketing, LLC, however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between ClickFirst Marketing, LLC and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others.
Unsolicited messages, or any messages sent by unauthorized users, are not tolerated and are considered spam. Please report any abuse ASAP. To report abuse, send us your mobile number, along with the time and date of the message. If you can, please send the content of the message that you are reporting. Upon receiving any complaint, ClickFirst immediately begins an investigation on the reported client. The identities of all individuals involved will remain confidential.
Enforcement of ClickFirst’s Anti-SPAM Policy
All ClickFirst clients agree to the our Terms and Conditions upon registration. ClickFirst can track information on sent messages, including the sender and the contents of the message. Violations of ClickFirst’s Anti-spam policy may result in a warning or possibly termination of the client’s services. Termination of a Client’s services may extend to future services as well. ClickFirst complies with all state and national laws and regulations with regards to unsolicited text messages and/or spam.
Opting Out/ Unsubscribing/ Removing your mobile number
Users can remove themselves from any client’s list at anytime by texting “stop” along with the keyword they signed up for. Reply “stop all” to remove your number from all of ClickFirst’s clients’ lists. Abuse can be reported by emailing firstname.lastname@example.org. Send us your mobile number, the content of the message (if possible), and the time and date that the message was received. Your mobile number will be removed from the abuser’s list.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ClickFirst Marketing, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall ClickFirst Marketing, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ClickFirst Marketing, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.