Feb 19 2020
Floot

Terms And Conditions

Last updated: February 6, 2018

PLEASE READ THIS AGREEMENT CAREFULLY. IT COVERS LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF OUR WEBSITE AND SERVICES. CUSTOMERSPEC AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. 

By using CustomerSpec or accessing www.customerspec.com (“CustomerSpec”, “The Service”, “The Website”, “Us” or “We”) or any of its related applications, dashboards or platforms, you agree to be bound by the following terms and conditions (“Terms of Service”), including any and all additional terms and conditions and/or policies (including “Privacy Policy”) referred to herein. These Terms of Service apply to all users of the site (or any of CustomerSpec’s related applications) including without limitation to users (registered and unregistered) who are browsers, customers, merchants, and/ or contributors of content. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms “you” or “your” shall refer to such entity.

CustomerSpec, LLC (“Company”) reserves the right to revise, change and/or update the Terms of Service without notice. Violation of any of the terms listed below may result in the termination of your account.

ACCOUNT TERMS

  1. You are responsible for maintaining the security of your account information, including your login and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access to your account). You are also responsible for the accuracy of the data entered into your account.
  2. You may not use the Service for any unlawful or illegal purpose or to violate any state and federal laws, rules, and regulations (including but not limited to: Telephone Consumer Protection Act of 1991, copyright laws, the Gramm-Leach-Bliley Act of 1999, anti spam laws, the Health Insurance Portability and Accountability Act of 1996, and any other applicable federal or state law and amendments pertaining hereto).
  3. You may not engage in any activities, through or in connection with the Service, that seek to attempt to or do harm any individuals or entities or are threatening, unlawful, violent, offensive, harassing, lewd, abusive, filthy, lascivious, or obscene, or that violate any right of any third party, or are otherwise objectionable.
  4. You may not post, upload or transmit any material that is violent, unduly graphic, pornographic, racist, or otherwise offensive.
  5. You may not make the Service available to anyone other than your employees and authorized agents and end users.
  6. You must provide your full legal name, a valid email address, a valid business address and any other information requested in order to complete the signup process.
  7. Your login may only be used by one business location – a single login shared by business locations is not permitted.
  8. You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be subject to termination.
  9. You must be 18 or older, or be 13 or older and have your parent or guardian consent to the Agreement. In compliance with The Child Online Privacy Protection Act, we do not target children under 18, nor do we knowingly collect any information from children under 18 or allow plug-ins or other services to collect such information without express written consent from their parents or guardians. You may not post any photos or other information about any individual who is under 18. We prohibit children under 18 from posting any information on the Website or Application without written parental consent. Please notify us immediately, should you become aware of any materials posted by a child under age 18.
  10. You must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
  11. You must be resident in the United States.
  12. In addition to and without limitation to terms listed above, CustomerSpec prohibits any use of the Service in connection with any of the following types of content, products, and services: Pornography, sexual products, otherwise sexually explicit material, and escort services; Illegal drugs and drug contraband; Alcoholic beverages, especially any promotion of alcohol to persons under twenty-one (21) years of age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Instructions or materials for the assembly of bombs or other weapons; Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor); Material that displays any person under eighteen (18) years of age in an illicit or otherwise exploitative manner; On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under eighteen (18) years of age; Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including, but not limited to, online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making, sweepstakes, contests and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events); Pyramid schemes; Any libelous, defamatory, scandalous, threatening, or harassing activity; Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence; Any product or service related to death (e.g., mortuaries and cemeteries); Any product or service that is unlawful where such product or service or promotion thereof is received; Images of authors, artists, photographers, or others without prior express written consent form the content owner; and any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier.

PAYMENTS, REFUNDS, FEES & ACCESS TO SERVICE

  1. You understand and accept that, unless otherwise expressly stated on the applicable order, our services are subscription services that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment, will be assessed the specified fees at regular intervals based on your subscription program (annually, quarterly, or monthly).
  2. Subject to the provisions of this Agreement, including any payment obligations, The Company grants you a limited, non-exclusive, non-transferable right to access the Service, website and other application. CustomerSpec retains all intellectual property rights to its intellectual property and the Received Materials. The Website, Services, and Products involve information, methods and processes that contain valuable proprietary information and trade secrets of CustomerSpec, embodying substantial creative efforts and confidential information, ideas, and expressions. You agree that you will not attempt to scrape or collect information from, to modify, translate, disassemble, create derivative works based on, reverse-assemble, reverse-compile or otherwise reverse-engineer the website, the Service, the products or any information obtained therefrom, in whole or in part, or to otherwise use, copy, reproduce or distribute any such information. The provisions of this section shall survive the termination of this Agreement.
  3. Occasionally, initial Service is offered with a free trial. Once your free trial expires, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  5. Occasional and from time to time, The Company will issue refunds, partial refunds and credits to customers. We reserve the right, at our sole and absolute discretion, to handle refunds, partial refunds and credits on a case by case basis.
  6. The Company makes The Service available via the website, applications and other platforms to parties who have registered with The Company. Access to the website and the Service is governed by this Agreement. Any new features which augment or enhance the current Service are also governed by this Agreement.
  7. You are responsible for obtaining online access to the Services, which may require transacting with third parties, such as internet providers. Access may be terminated for failure to comply with any of the provisions of the Agreement.

MODIFICATION TO SERVICE & PRICES

  1. CustomerSpec reserves the right to at any time to change, modify, or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. The price of the Service is subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the Company’s website or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

MODIFICATION TO SERVICE & PRICES

  1. CustomerSpec reserves the right to at any time to change, modify, or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. The price of the Service is subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the Company’s website or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

CANCELLATION & TERMINATION

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link.
  2. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
  4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

COPYRIGHT & OWNERSHIP

  1. All content posted on the Service must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours. We reserve the right to feature or share user experiences and customer stories on our website, marketing materials and other forms that feature . We will contact
  3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright ©CustomerSpec LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

COMMUNICATION & RECEIVED MATERIALS

  1. When you use the Service, visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website.
  2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  3. Any comments, materials, reviews or letters sent by you to Company, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), may be deemed by Company to be non-confidential and free of any claims of proprietary or personal rights. Company shall have no obligation of any kind with respect to such Received Materials, and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction of any kind. Additionally, the Company is free to use or sell any ideas, concepts, know-how, or techniques contained in any communication you send to the Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to you or anyone else.

LEGAL COMPLIANCE & CONSENT FOR MESSAGING

  1. You represent and warrant that the owners of the phone numbers to which you transmit outbound text messages through the Service have consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA and other applicable laws and regulations. You acknowledge that you are solely responsible for all acts or omissions or violations of law that may occur in connection with your use of CustomerSpec’s Service.
  2. The Service allows you to upload your customers personal information. You acknowledge and agree that you have the sole responsibility of obtaining consent for the uploaded mobile numbers. You also agree to comply with any terms and/or conditions that govern these previously opted in mobile numbers.
  3. You agree that you will not access or otherwise use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with the Service. Additionally, you agree not to send messages to your users beyond the frequency represented in any disclosures or terms listed during the opt-in process.
  4. You agree that you will import, add, edit, access and otherwise use in connection with the Service only contact information with proof, which you shall retain, of each user’s consent to receive communications from you. We reserve the right, at our sole and absolute discretion, to suspend or deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization’s legal identity.
  5. You agree to truthfully represent your identity, the identity of your business or organization, your product or service, availability of goods or services, pricing, benefits, and any other offering, in your messaging.
  6. You agree to comply with all local, state, and federal laws and regulations as well as general industry best practices governing your content or promotion type.
  7. CustomerSpec maintains a no-tolerance policy toward spam. Although CustomerSpec does not assume the duty or obligation to monitor messages, we reserve the right, in our sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to the guidelines and policies pertaining to the Service. All mobile marketing messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association, which you agree to review before using the Service. For example, and without limitation, these guidelines may recommend “STOP”instructions. The Service provides mandatory STOP instructions on your first welcome message and pre-populates STOP instructions for subsequent messages. You are solely responsible for any claims or incidents that may result from your removal of these STOP instructions. If a user replies to a text message you send through the Service with messages other than STOP instructions, they will appear in your inbox. You are solely responsible for monitoring messages received in your inbox. You agree that any individuals requesting “Do-Not-Call” (“DNC “) status shall immediately be placed on your company DNC list and except as otherwise noted above, CustomerSpec shall have no other responsibility for notifying you of such opt-outs. You further agree that you will not initiate any subsequent messages to any individuals after they make a DNC or other opt-out or stop request.
  8. You hereby acknowledge and confirm that you are solely responsible for the content of your messaging. You will ensure that any and all consents have been obtained, including, without limitation, consent for the delivery of commercial and marketing messages. You hereby acknowledge that CustomerSpec merely provides a platform for facilitating the sending of your text messages, and that you shall have sole responsibility and liability for your messages and communications. You also agree to defend, indemnify and hold harmless CustomerSpec from and against any claims or damages which may result from your use of the Service, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. CustomerSpec reserves the right to hold, suspend or terminate your account or access to the Service for any alleged violation listed in this section and/or any unusual or suspicious activity related to your account.

LIMITATION ON LIABILITY & IMDEMIFICATION

  1. In no event will the Company, its shareholders, officers, employees or agents be liable for any lost profits, indirect, incidental, special, punitive or consequential damages, as well as any damages arising out of any accident that occurs in reliance upon the information provided by the website, or out of this agreement or the use of or reliance upon the services or products, even if it has been advised of the possibility of such damages. Under no circumstances will the Company’s total liability of any kind arising out of or related to this agreement and use of the services and products (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amount of $500.00. The parties agree that this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the services can be made available for free or at reduced prices, only because of the Company’s reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. Some states limit the applicability of such limitations and disclaimers. In those states, the limitations and disclaimers shall apply to the maximum extent allowed by law.
  2. You agree to defend, indemnify, and hold the Company harmless from and against any losses, claims, judgments, damages, and settlements, including but not limited to third-party claims, which arise out of or are related in any way to (i) your use of or reliance upon the website, the Service, products, or reviews or other information provided by the Company, to plan or carry out any activity, (ii) a claim that the Received Materials that you provide infringe upon any intellectual property or privacy rights of any third party, (iii) any claim of a governmental entity or other party that you have violated any law, rule, or regulation, and (iv) any breach by you of the obligations, representations, and warranties made by you in this Agreement.

GENERAL CONDITIONS

  1. The service is provided on an “as available” and “as is” basis, without warranty of any kind, whether written oral, statutory, implied or express, including but not limited to, guarantees of performance or merchantability or fitness for any purpose. Any and all risk associated with the use of this Service is solely yours.
  2. The only technical support provided will be via email.
  3. You acknowledge and understand that the Company uses hosting partners and 3rd party vendors to provide the necessary storage, software, networking, hardware, and other related technology that is required to run and provide the Service.
  4. You must not modify, adapt or hack the Service. You must not decompile, reverse engineer, disassemble, or reverse assemble, the Service source or object code or any software or other websites, products, application, or processes associated with the Service, in whole or in part. The provisions of this section shall survive the termination of this Agreement.
  5. You must not modify another website so that it falsely implies that it is related to or associated with the Service or the Company.
  6. You agree not to copy, duplicate, replicate, reproduce, sell, resell, sublicense, rent, lease, transfer, assign, time share, distribute, or otherwise commercially exploit any portion of the Service without the express written consent by the Company.
  7. We may, but are not obligated to, remove accounts, content and material that we determine (by our own discretion) is unlawful or violates any party’s intellectual property or these Terms of Service.
  8. Abuse, whether written, verbal, physical, or any other form (including threats of abuse or retribution) of any Company employee, Service customer or officer will result in immediate account termination.
  9. You acknowledge and understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. We reserve the right to temporarily disable or put limits on your account if your usage significantly exceeds the average usage of other Service customers. If such action is necessary, the Company will contact the account owner and notify them in advance. Should the level of use negatively affect or impact the performance of the Service for other customers, we reserve the right to take action immediately without advance notice.
  11. The Company does not guarantee that (i) the Service will meet your specific requirements, (ii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the Service will be uninterrupted, timely, secure, or error-free, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  13. The Website and Services may allow you, your clients, or your clients’ patients to post personal information, including photographs, on social media or in other publicly available media online. Therefore, it is critical that you review and understand our Privacy, which governs how we use the information you provide. The Privacy Policy is a part of the Terms, and it is binding on both parties.
  14. The Company will not be liable for, or be considered to be in breach of or default under the terms of this Agreement on account of, any delay or failure to perform as required by the terms as a result of any cause or condition beyond the Company’s reasonable control.
  15. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Utah.
  16. If any provision of the terms of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
  17. In case of an action to enforce any rights or conditions of the terms of the Agreement, the non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute.
  18. If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of CustomerSpec. The link to this website must not damage, dilute or tarnish the goodwill associated with any CustomerSpec names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with CustomerSpec. You may not “frame” this Website or alter its intellectual property or material in any other way. You may not link to the Website for purposes of harming the Website’s ranking in search engines. You agree that if CustomerSpec requests that you remove a link to the Website for any reason, you will do so immediately without charge to CustomerSpec. If you fail to remove any such link after request, you agree to pay CustomerSpec’s costs incurred in enforcing this provision.
  19. All provisions that logically ought to survive termination of this agreement shall survive.
  20. The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.
  21. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service.

CONTACT US

If you have any questions about these Terms, please contact us at support@customerspec.com


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