Terms and Conditions
Last Updated: 9/21/2024
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION, BEFORE USING THE PLATFORM.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT, OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
BY ACCEPTING THESE TERMS, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHERE APPLICABLE), THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND OFFERBOLT ("WE", "US", "OUR").
YOU AGREE THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OFFERBOLT AND HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT.
Offerbolt reserves the right to modify these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform after the posting of revised Terms means you accept and agree to the changes.
1. Use of the Platform 1.1 Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, you confirm that you are of legal age. You may not use the Platform or Services if you are employed by a competitor of Offerbolt or intend to use the Platform for competitive purposes.
1.2 Platform Account Ownership. Your use of the Platform is contingent on providing complete, accurate, and current information during registration. The person or business entity who creates the Platform account is deemed the owner. Offerbolt reserves the right to suspend or terminate access if ownership is disputed or cannot be confirmed.
1.3 Compliance. You are responsible for the lawful use of the Platform. This includes ensuring your activities comply with applicable laws and that you and your customers do not use the Platform for any unlawful purposes.
1.4 Login Credentials. You are responsible for maintaining the confidentiality of your login credentials and any actions taken under your account. Notify us immediately if you suspect unauthorized access. Offerbolt reserves the right to disable your account for violations of these Terms.
2. Privacy By using the Platform, you agree to Offerbolt’s collection and use of information in compliance with our Privacy Policy. You must also implement your own privacy policy for your customers and ensure you have obtained necessary permissions to collect and share their information with Offerbolt.
3. Communication Services The Platform may include communication features such as SMS, email, and voice services. You are responsible for ensuring compliance with laws governing these communications, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. Offerbolt does not originate communications on your behalf.
4. Third-Party Services. You may choose to integrate third-party services with the Platform. Offerbolt is not responsible for these third-party services and does not warrant their functionality or availability. Your use of third-party services is at your own risk and is subject to their respective terms and conditions.
5. Payment 5.1 Fees and Auto-Renewal. Subscription fees are billed in advance on a monthly or annual basis. You must provide accurate and up-to-date billing information and ensure payment is made on time. Failure to do so may result in account suspension or termination.
5.2 Refund Policy. All fees paid to Offerbolt are non-refundable unless required by law. It is your responsibility to manage your account and subscription settings.
6. Intellectual Property 6.1 Platform Content. The Platform and its content are the property of Offerbolt or its licensors. You are granted a limited, non-exclusive license to access and use the Platform for your business purposes. Any reproduction or redistribution of Platform content is prohibited without permission.
6.2 Trademarks. The Offerbolt name, logo, and associated service marks are trademarks of Offerbolt. You may not use these without our express permission.
7. Limitation of Liability. Offerbolt is not liable for any indirect, incidental, or consequential damages, including loss of profit, data, or use, even if we have been advised of the possibility of such damages. In no event shall Offerbolt’s aggregate liability exceed the amount you have paid for services in the preceding three months.
8. Dispute Resolution. All disputes arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in a place of Offerbolt companies choosing. You agree to waive any right to participate in class-action litigation.
9. Termination. Offerbolt reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Platform ceases immediately.
10. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of VA without regard to its conflict of law provisions.
11. Miscellaneous These Terms, together with any other agreements referenced, constitute the entire agreement between you and Offerbolt regarding the Platform. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
12. TCPA Compliance and Liability Disclaimer Offerbolt provides tools and services that facilitate communication, including but not limited to SMS, email, and voice services. You are solely responsible for ensuring compliance with the Telephone Consumer Protection Act (TCPA), including but not limited to obtaining valid prior express written consent from recipients where required.
Offerbolt does not verify, monitor, or enforce compliance with TCPA requirements or other applicable communication laws. By using the Platform, you acknowledge and agree that:
You are responsible for obtaining and maintaining all necessary consents, including prior express written consent as defined by the TCPA, from individuals you contact using the Platform.
Offerbolt disclaims all liability for any claims, damages, penalties, or losses resulting from your failure to comply with the TCPA, including but not limited to the one-to-one consent requirements for prior express consent.
By using the Platform, you agree to indemnify and hold harmless Offerbolt, its affiliates, officers, employees, and agents from any claims or liabilities arising from or related to your communications, including violations of the TCPA or similar laws.
Offerbolt provides the Platform on an "as-is" basis and makes no warranties regarding your compliance with applicable communication laws.
Contact Information
For any questions regarding these Terms, please contact us at [email protected]