SMS service agreement

Description of service

Race Roster provides a web-based application (“SMS Tool”) for sending SMS campaigns (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an “AS-IS” basis and that Race Roster assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).

SMS campaign conduct

A. Responsibility. You understand and agree that you, and not Race Roster, are entirely responsible for all information, data, text, photographs, graphics, audio, video, messages or other materials (“Content”) that you upload, post, transmit or otherwise make available via the Service. Race Roster does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Race Roster be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

Race Roster is solely a facilitator of the SMS message traffic and has no visibility into or control over individual messages as they are transmitted through Race Roster and has no responsibility or liability with respect to the content of any individual message. Except that Race Roster may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Race Roster has determined, in it’s sole description, may violate an applicable rule, regulation, or law.

B. Content Agreement. You agree to not use the Service to:

1. upload, post, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
2. upload, post, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (“Rights”);
3. upload, post, transmit 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 mobile telephone, mobile device, or telecommunications equipment;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. “stalk” or otherwise harass another; and/or
7. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vi) above.
8. send text messages to any consumer that could be considered marketing material without prior express consent from the recipient.

C. Acknowledgement. You acknowledge that Race Roster may or may not pre-screen Content, but that Race Roster and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Race Roster and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

You acknowledge, consent and agree that Race Roster may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Race Roster, its users and the public.

D. Guarantee. You guarantee that the subscribers in your account have granted you prior express consent to send them messages of the type that you intend to send them. If for any reason Race Roster suspects that the subscribers have not given you express consent, we reserve the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. Race Roster reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account.

E. Use of the Service. You shall use the Service in compliance with all governing laws, regulations, and rules.

F. Marketing. You agree that you shall not send text messages to any consumer that could be considered marketing material without prior express consent from the recipient. You authorize Race Roster to review any of your messages prior to sending to consumers.

Indemnity

You agree to indemnify and hold Race Roster, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.

General practices regarding use and storage

You acknowledge that Race Roster may establish general practices and limits concerning use of the Service but that Race Roster has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

Modifications to service

Race Roster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Race Roster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.