Contents
Introduction
Zimworx and SupportDDS, and each of their subsidiaries, affiliates, and divisions ("Zimworx and SupportDDS," "Company," "We," "Us," or "Our") offer a Mobile Messaging & Telephone Program (for purposes of these Terms, the "Program"), which you agree to use and participate in subject to these Mobile Messaging & Telephone Terms and Conditions and Mobile Messaging & Telephone Privacy Policy (the "Terms"). The Zimworx and SupportDDS Privacy Policy and Zimworx and SupportDDS Terms and Conditions provide information and notices concerning Our collection, use, and disclosure of your information, and are incorporated herein by reference.
Acceptance of Terms
By opting into or participating in Our Program, you acknowledge and agree to the following Terms. This includes your agreement to resolve any disputes with Us through binding, individual-only arbitration, as outlined in the "Dispute Resolution" and "Binding Arbitration" sections below.
Scope of Terms
These Terms apply specifically to the Program and do not seek to amend or alter any other terms and conditions or privacy policies that may regulate the relationship between you and Us in other circumstances.
Modification of Terms
We reserve the right to revise these Terms from time to time without advanced notice or liability. If We do revise these Terms, the revised terms will supersede prior versions. Unless We say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms and any change to these Terms will be effective as soon as they are displayed. While notice of any updates to these Terms may be communicated to you, it is your responsibility to check these Terms periodically for any changes. Your continued participation in the Program constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.
Participant Requirements
Depending on the method of contact, participants in the Program must be wireless service subscribers with a wireless device of their own that has mobile text messaging services provided by a participating wireless carrier. The device must be capable of two-way messaging. Not all cellular phone providers carry the necessary service to participate. Participants must check their phone capabilities for specific text messaging instructions.
User Opt-In
The Program allows users to receive promotional and informational communications from Zimworx and SupportDDS by mobile message (including SMS) and/or telephone call by affirmatively opting into the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing, promotional, informational and/or non-promotional communications at the phone number associated with your opt-in. Message and data rates may apply.
User Opt-Out
If you do not wish to continue participating in the Program or no longer agree to these Terms, you may opt out at any time. For mobile messaging, reply "STOP" to any mobile message from Us. You may also opt out by calling (940) 757-0022. Any other method of opting out is not considered a reasonable means of opting out.
Age Restriction and Eligibility
You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18) and that you are permitted by your jurisdiction's applicable law to use and/or engage with the Program.
Duty to Notify and Indemnify
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MOBILE MESSAGES OR MAKE TELEPHONE CALLS HARMLESS FROM ANY CLAIM OR LIABILITY, INCLUDING BUT NOT LIMITED TO ANY EXPENSES AND DAMAGES, RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED.
If at any time you intend to stop using the phone number used to subscribe to the Program, you agree to complete the User Opt-Out process prior to ending your use of the phone number.
Program Description
Users that opt into the Program can expect to receive messages and/or calls concerning Our commercial and/or non-commercial activities, news and informative updates, and your relationship with Us, including product advertisements and promotions, account information, and any other communications from Us.
Cost and Frequency
Company does not charge you for receiving mobile messages or telephone calls. However, message and data rates may apply, depending on your plan with your wireless or other applicable provider. The Program involves recurring mobile messages and telephone calls, and additional messages may be sent periodically based on your interaction with Us.
Support Instructions
For support regarding the Program, reply "HELP" to any text message you receive from the Program or call Us at (940) 757-0022. Please note that email is not an acceptable method of opting out of the Program.
Third-Party Involvement
Company may utilize third parties to facilitate the provision of the Program, including sending marketing and informational communications. Any terms issued by such third parties constitute an agreement between you and the respective third party, not Company. We shall not be held accountable for any failure of such third parties to fulfill their obligations.
Disclaimer of Warranty
The Program is provided on an "as-is" basis and may not be available in all areas at all times. We shall not be held liable for any delays or failures in the receipt of mobile messages or telephone calls associated with the Program. Delivery of such messages and calls is subject to effective transmission from your wireless service provider and is beyond Our control.
Requirement for Truthful and Accurate Information
When submitting forms online or providing information to Us in connection with the Program, you agree to furnish accurate, complete, and truthful information. If We determine that any provided information is untrue, inaccurate, or incomplete, We reserve the right to deny you access to the Program and pursue appropriate legal remedies.
Mobile Messaging & Telephone Privacy Policy
We value your privacy. This Mobile Messaging & Telephone Privacy Policy outlines the collection and usage of personal information when you participate in the Program. It does not affect any other privacy policies governing your relationship with Us in other contexts.
California Residents
If you are a California resident, you possess specific rights concerning your personal information, including the right to request disclosure of information We have collected and the right to request deletion of your personal information, subject to certain exceptions as permitted by law. To exercise any of your rights, please contact Us by calling (940) 757-0022.
Governing Law and Jurisdiction
These Terms, along with any disputes arising from or in connection with these Terms or the Program, shall be governed by the laws of the STATE OF TEXAS, without regard to principles of conflict of laws. Unless arbitration is required, any action or proceeding arising hereunder may only be instituted in a state or federal court located in Texas.
Dispute Resolution
Most concerns can be resolved quickly by calling our Customer Care line at (940) 757-0022. If a dispute cannot be resolved informally, written notice must be provided. For a period of sixty (60) days from the date of receipt of notice, Company and you will engage in a dialogue to attempt to resolve the dispute. Written notices to Company must be sent to: Zimworx and SupportDDS, 440 US Hwy 377 Suite 1140, Argyle, TX 76226 (ATTN: Legal Department).
Binding Arbitration
Any dispute that cannot be resolved through informal methods will be submitted to binding arbitration in Texas, in accordance with the rules of the American Arbitration Association (AAA). By agreeing to arbitrate, each party is waiving its right to go to court and have any dispute heard by a judge or jury. Any decision rendered in such arbitration proceedings will be final and binding on the parties. AAA contact: 800.778.7879 | www.adr.org.
No Class Action Matters
ALL PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings involving any dispute, controversy, or claim of any other party.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorneys' fees.
Limited Time to File Claims
If either party wants to assert a dispute against the other, then either party must commence it within the applicable statute of limitations from when the dispute arises, or it will be forever barred.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the legality, validity, and enforceability of the remainder of the Terms will not be affected.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.