Phone2Action

<p> <strong>TERMS OF USE</strong> </p> <p>We have updated our Terms of Use Agreement (“Agreement”) as of March 9, 2020. Please read the new Agreement carefully.</p> <p> <strong>Phone2Action Terms of Use<br> Version 4.0<br> Last Revised: </strong> <strong>March 9, 2020</strong> </p> <p>IMPORTANT — THS AGREEMENT (“<strong>AGREEMENT</strong>“) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“<strong>YOU</strong>” or “<strong>YOUR</strong>”) AND PHONE2ACTION, INC. (HEREINAFTER “<strong>COMPANY</strong>,” “<strong>WE</strong>“, “<strong>US</strong>” OR “<strong>OUR</strong>”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE AND ANY OTHER WEBSITE THAT IS OWNED OR OPERATED BY THE COMPANY AND WHICH LINKS TO THIS AGREEMENT (THE “<strong>WEBSITE(S)</strong>”) AND ANY COMPANY SERVICES, INCLUDING ANY SOFTWARE (THE “<strong>SOFTWARE</strong>”) OR OTHER SERVICES OFFERED BY THE COMPANY FROM TIME TO TIME AND OTHER PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES USING THE COMPANY FUNCTIONALITY (COLLECTIVELY, “<strong>SERVICE(S)</strong>”).</p> <ol> <li> <strong> BY ACCESSING AND/OR USING ANY WEBSITES OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE SEE SECTION 15 FOR MORE DETAILS. </strong>SOME OF OUR SERVICES MAY HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES (“<strong>ADDITIONAL TERMS</strong>”). WHERE ADDITIONAL TERMS APPLY, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH IN CONNECTION WITH YOUR USE OF THAT SERVICE. BY USING THAT SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY THE COMPANY AT ANY TIME. THOSE CHANGES WILL GO INTO EFFECT ON THE EFFECTIVE DATE SHOWN IN THE REVISED AGREEMENT. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S). WE ENCOURAGE YOU TO CHECK THIS AGREEMENT FROM TIME TO TIME TO SEE IF IT HAS BEEN UPDATED. WE MAY REQUIRE YOU TO PROVIDE CONSENT TO THE UPDATED AGREEMENT BEFORE FURTHER USE OF THE SERVICES IS PERMITTED. BY CONTINUING TO USE ANY WEBSITES OR SERVICES FROM THE COMPANY AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE SERVICES.</li> <li> <strong>Service Description.</strong>The Company provides an online advocacy and engagement platform. We believe that democracy grows stronger the more people that engage in it and provide tools to our partners (“<strong>Client</strong>”) to help grow and increase engagement on certain issues through individuals like you. The Company has no control over the quality, safety, or legality of any aspect of a Client’s products or services (“<strong>Client Services</strong>”) or any claims made by a Client. Any questions or complaints about a campaign, claims or any Client Services should therefore be submitted to the Client directly. As a user of the Services, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. You hereby grant the Company the right to use and distribute the information that you have provided to the Company for the purpose for which it was provided. YOU UNDERSTAND AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF THE CLIENTS OR THE CLIENT SERVICES. YOU HEREBY AGREE TO RELEASE THE COMPANY FROM ALL LIABILITY ARISING OUT OF OR RELATED TO THE CLIENTS’ SERVICES OR ANY ACTIONS OR INACTION OF CLIENTS. In order to access certain features of the Services, you may be required to register and/or create an account (“<strong>Account</strong>”). In connection with setting up your Account with the Company, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. We may also provide you with the option to log in to your Account by using certain third party social networking sites (“<strong>SNS</strong>”) (e.g. Facebook, LinkedIn) or other third-party authentication sites (each a “<strong>Third- Party Account</strong>”). As part of the functionality of the Services, you may link your Account with the Company with your Third-Party Accounts, by either: (i) providing your Third-Party Account login information to the Company. or (ii) allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third party service providers. By granting the Company access to any Third-Party Accounts, you understand that the Company may access, and you hereby grant the Company the right to use, content that you have provided to and stored in your Third-Party Account. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Website and/or Apps, in which case you may no longer be permitted to use the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Services with the consent of a parent or guardian 18 years of age or older, which you agree you have obtained and proof of which we may require.</li> <li> <strong>Acceptable Use.</strong>You are responsible for your use of the Websites and Services, and for any use of the Websites and Services made using your Account. Our goal is to create a positive experience in connection with our Websites and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company.&nbsp. When you use the Websites and Services, you agree that you will not:<br> violate this Agreement or any Company rules regarding use of the Services;<br> *&nbsp. violate any law or regulation;<br> *&nbsp. breach any agreements you enter into with any third parties;<br> *&nbsp. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;<br> *&nbsp. post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;<br> *&nbsp. send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 10 below);<br> *&nbsp. transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;<br> *&nbsp. stalk, harass, or harm another individual;<br> *&nbsp. impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;<br> *&nbsp. use any means to scrape or crawl any Web pages or content contained in the Websites or Apps (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);<br> *&nbsp. use automated methods to use the Websites or Apps;<br> *&nbsp. attempt to circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Websites or Apps;<br> *&nbsp. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Software. or<br> *&nbsp. advocate, encourage, or assist any third party in doing any of the foregoing.</li> <li> <strong>Ownership &amp. Copyright Restrictions.</strong>The parties agree that all proprietary rights in the Websites, Services and Software are and will remain the property of the Company. This includes non-personally identifiable aggregate data collected or created by the Company in connection with providing the Services, as well as usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to the Company by you.&nbsp. The Websites and Software, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“<strong>Content</strong>”), are copyrighted under U.S. copyright and other laws by the Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any legal or proprietary notices in the Websites or elsewhere. The Company reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under the Company’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, the Company may revoke any of the foregoing rights and/or your access to the Websites and Services, or any part thereof, at any time without prior notice.</li> <li> <strong>Copyright Permission/Content License.&nbsp;</strong>As part of the Services, we may permit you to post, upload, publish, submit or transmit certain content (“<strong>Your Materials</strong>”). By making available any of Your Materials on or through the Services, you hereby grant to the Company the right to use Your Materials as necessary to provide the Services and improve the Services. The Company does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in Your Materials, as contemplated under this Agreement. and (ii) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or the Company’s posting of Your Materials (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Company respects copyright law and expects all users of its Services to do the same. It is the Company’s policy to terminate in appropriate circumstances the accounts&nbsp;and/or access of those users who have created accounts, and who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.</li> <li> <strong>Trademarks/Use of Name or Brand.</strong>All Content, product names, trademarks, service marks and logos on the Websites or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by the Company or its licensors. Trademarks, service marks and logos owned by Clients shall remain the property of their respective owners. Trademarks, service marks and logos owned by third parties remain the property of such third parties.</li> <li> <strong>Idea Submissions.</strong>If you submit any ideas, suggestions or testimonials to the Company, we have and you hereby grant us the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material if you have obtained appropriate copyright and other permission to post such materials and to permit the Company to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.</li> <li> <strong>Privacy Policy.</strong>The Company has customer information and privacy policies as set forth in its online&nbsp;Privacy Policy, which is fully incorporated herein by reference. You hereby agree to be bound by the Company’s Privacy Policy.</li> <li> <strong>Mobile Text Messaging Policy.</strong>The following terms in this Section 9 apply to everyone who signs up to receive one or more text messages (e.g., SMS or MMS messages) from the Company (“<strong>Text Services</strong>”). When you opt-in to Text Services, you are expressly consenting to receive text messages on behalf of the Company using one (1) or more short codes, including 40649, 52886, and 65351. You will only receive messages from the short code that you opted in to. You will receive text messages from our partners to help grow and increase engagement on certain issues through individuals like you.&nbsp. You may opt out of the Text Services at any time by replying to the text with the word STOP from the enrolled mobile device. If you do that, you consent to receive one additional message confirming your opt-out request. If you need help or have any questions about the Text Services, text HELP from the enrolled mobile device. If at any time you forget what keywords are supported, just text “HELP” to the short code. 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 do not charge a fee for the Text Services. however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us and accordingly standard message and data rates may apply. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services. Currently Text Services can be delivered to the following mobile phone carriers: Major carriers: AT&amp;T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, 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). Carriers are not liable for delayed or undelivered messages.</li> </ol> <p>Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Further, the Text Services may not be available in all areas at all times. Text messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit text messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.</p> <p>For all questions about the services provided by this short code, you can send an email to dataprivacy@phone2action.com.</p> <ol> <li> <strong>Anti-Spam Policy.</strong>The Company prohibits the sending of unsolicited bulk or repeated email or text messages (“Spam”). For the avoidance of doubt, the Service that is provided by the Company does not Spam end users and does not encourage or authorize such activity.&nbsp. The Company also prohibits falsifying, forging or altering the origin of any email or text message in connection with the Company, and/or any products and services. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO THE COMPANY’S SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.</li> <li>THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY CLIENTS’ SERVICES, OR ANY ACTION OR INACTION OF ANY CLIENTS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE CLIENT AND NOT THE COMPANY.THE SERVICES ARE PROVIDED “AS IS.” YOU RELY ON THE SERVICES SOLELY AT YOUR OWN RISK.&nbsp. WE DO NOT WARRANT THE ACCURACY OF ANY CONTENT, INFORMATION OR DATA PROVIDED BY OTHER USERS OF THE WEBSITES OR SERVICES OR BY ANY CLIENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.</li> <li> <strong>LIMITED LIABILITY.</strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT THE COMPANY, ITS AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF THE SERVICES. THE CUMULATIVE LIABILITY OF THE COMPANY, ITS AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.</li> <li>YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AGENTS, VENDORS, INDEPENDENT CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITES OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.</li> <li> <strong>Governing Law.</strong>This Agreement will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles.</li> <li> <strong>Dispute Resolution/Arbitration Agreement.&nbsp;</strong>You and Company agree to resolve any disputes between us in accordance with this Section 15 (“<strong>Arbitration Agreement</strong>”). If you have any dispute with Company, please contact the Company using the contact information provided herein. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and the Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and the Company relating to the Services or this Agreement (each a “<strong>Claim</strong>”) shall be submitted for binding arbitration in accordance with the rules of JAMS (“<strong>JAMS</strong>”). If JAMS is not available to arbitrate, the parties shall select an alternative dispute resolution provider (“<strong>ADR Provider</strong>”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. For any claim where the total amount of the award sought is $10,000 or less, the JAMS (or ADR Provider, as applicable), you and the Company must abide by the following rules:&nbsp;(a) the arbitration will be conducted solely based on written submissions. and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS rules (or ADR Provider rules, as applicable), and the parties will attempt to agree on a mutually convenient location for the hearing. If the parties cannot agree on a location for the hearing within thirty (30) days of their initial discussion, the hearing will take place in Arlington, Virginia. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and the Company also have the right to bring qualifying claims in small claims court. In addition, you and the Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or the Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement shall continue in full force and effect. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company. <strong>THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES OR THE RULES OF THE ADR PROVIDER.</strong> </li> </ol> <p> <strong>30-Day Right to Opt Out.</strong>&nbsp;You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following e-mail address: dataprivacy@phone2action.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.</p> <ol> <li>We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement or your access to the Services, and (b) deactivate or cancel any Account you may create through your use of the Services. To the extent you have created an Account, you may cancel your Account at any time by contacting us at the address provided below. Please note that if your Account is cancelled, we do not have any obligation to delete or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or feedback.</li> <li>No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof.&nbsp. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended.&nbsp. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.</li> <li>If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.</li> <li>The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.</li> <li>This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.</li> <li> <strong>Third-Party Beneficiary.</strong>This Agreement is not intended to confer any rights or remedies upon any person other than the parties.</li> <li>You may contact us at the address, email address and phone number listed below:<br> Phone2Action, Inc.<br> Attn: Ximena Hartsock<br> 1500 Wilson Blvd., 7^th Floor<br> Arlington, VA 22209<br> (202) 888-7439<br> dataprivacy@phone2action.com</li> </ol> <p>PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.</p>