1. Overview
To become eligible to use Ad Blast Pro's Services, you must review and accept this Agreement by clicking on the "I Accept" button presented with this Agreement or any other mechanism provided. We reserve the right to change the terms of the Agreement from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review the Agreement from time to time and to be aware of any such changes. By continuing to use the Services after any such changes, you accept this Agreement, as modified.
PLEASE READ THIS AGREEMENT IN FULL BEFORE USING THE SERVICES. YOUR USE OF THE SERVICES SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES. CONTINUED USE WILL CONSTITUTE YOUR BINDING ACCEPTENCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. Use of the Services
You will be solely responsible for all use (whether or not authorized) of the Services under your account, including for the quality and integrity of Customer Data and each Customer Application. If you are providing a Customer Application to an End User, you will ensure that you have a written agreement with each End User ("End User Agreement") that enables Ad Blast Pro to use all Customer Data as necessary to provide the Services and that protects the rights, and limits the liability, of Ad Blast Pro to the same extent as the terms of this Agreement. The End User Agreement must include terms concerning restrictions on use no less restrictive than contained in this Agreement, and Ad Blast Pro makes no warranties and shall have no liability to Customer's End User. Ad Blast Pro agrees that, subject to the foregoing requirements, the End User Agreement need not specifically refer to Ad Blast Pro. Customer will promptly notify Ad Blast Pro if it becomes aware of any breach of the terms of the End User Agreement that may affect Ad Blast Pro. Customer will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify Ad Blast Pro promptly of any such unauthorized access or use. Notwithstanding the foregoing, Customer remains fully liable for any use of the Services from your account.
The Services may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree, and shall require your End Users to agree, to use the Services in accordance with all applicable guidelines as well as all state, federal and international laws that the Services are subject to.
Ad Blast Pro transmits Messages initiated by you or your End Users, or sent to the Customer Application by others, through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services. Ad Blast Pro is not responsible for the final delivery of any communication initiated by you or your End Users through the Services, as this is out of our control and is the responsibility of downstream communications carriers.
Ad Blast Pro transmits and receives Messages via other major communications carriers and Network Operators, and thus our influence over the timing of the transmission of your Messages is within the technical constraints imposed upon Ad Blast Pro. While Ad Blast Pro shall use commercially reasonable efforts to transmit your Messages to the applicable network for final delivery to your designated recipients as fast as practicable under the circumstances, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your Messages across the public switched telephone network and/or Internet. You should know that communications carriers assign messages with a default lifetime and any Message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Ad Blast Pro is not liable for any loss incurred by the failure of a Message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Ad Blast Pro for any such non-deliveries. Furthermore, you agree that the Content of any Message transmitted over the Ad Blast Pro Network has zero value.
3. Registration Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ad Blast Pro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ad Blast Pro has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You agree to notify Ad Blast Pro of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in our sole discretion, and you may be reported to appropriate law enforcement agencies.
4. Payments
Ad Blast Pro shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and Ad Blast Pro, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. In the event of non-payment by customer under these Terms, Ad Blast Pro shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys' fees incurred from counsel of our choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
5. Intellectual Property
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services. Except as expressly provided in this Agreement, the availability of the Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Services are the sole property of Ad Blast Pro or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services, including any proprietary communications protocol used by the Services without the express written permission of Ad Blast Pro. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
As between you and us, you or your licensors own all right, title, and interest in and to your Content. Except as provided in this Section, Ad Blast Pro obtains no rights under this Agreement from you or your licensors to your Content, including any related intellectual property rights. You consent to our use of your Content to provide the Services to you and any End Users. We may disclose your Content to provide the Services to you or any End Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
6. Data Protection & Privacy
To assist us in verifying that your and/or your End Users' use of the Services complies with Applicable Law, we may, from time to time, randomly check the messages that you and/or your End Users initiate and transmit over the Ad Blast Pro Network. Notwithstanding the foregoing, you will remain solely responsible for all use of the Services under your account. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at https://www.adblastpro.com/privacypolicy.html. Except as otherwise required for your use of the Services as contemplated herein, Ad Blast Pro does not want you to, and you should not, send any confidential or proprietary information to Ad Blast Pro via the Services.
7. No Warranty; Limitation of Liability
Ad Blast Pro reserves the right to modify, suspend, or discontinue the offering of any of the Services at any time for any reason without prior notice. Further, while Ad Blast Pro utilizes electronic and physical security to reduce the risk of improper access to or manipulation of Customer Data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Services.
You acknowledge that your Messages may be transmitted unencrypted and that eavesdropping of communications by third parties is possible. Ad Blast Pro recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Ad Blast Pro shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Ad Blast Pro will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation other communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in Ad Blast Pro offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, AD BLAST PRO DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., "HACKING") NOR SHALL AD BLAST PRO BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, AD BLAST PRO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. AD BLAST PRO MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. AD BLAST PRO SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, AD BLAST PRO IS NOT RESPONSIBLE FOR THOSE COSTS. AD BLAST PRO'sS TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES OR OTHERWISE ARISING OUT OF OUR RELATIONSHIP GOVERNED BY THIS AGREEMENT SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY FEES PAID BY YOU TO AD BLAST PRO HEREUNDER.
8. User Warranties; Indemnification
You warrant and represent to Ad Blast Pro that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you and/or your End Users are and shall at all times remain in full compliance with all Applicable Laws, rules and regulations with regard to your use of the Ad Blast Pro Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
You agree to indemnify and hold harmless Ad Blast Pro and its Affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys' fees, including attorneys' fees incurred from counsel selected by Ad Blast Pro in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach or alleged breach of the this Agreement; or (ii) any use by you, or an account or computer owned by you, of the Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action. You acknowledge and agree to be held liable for any and all damages caused to Ad Blast Pro by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Ad Blast Pro to you.
9. Termination, Cancellation and/or Suspension by Ad Blast Pro
If at any time you breach, or are suspected of breaching, this Agreement, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our Customer, your financial status or the content of the Messages originating from you or your End Users.
Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Ad Blast Pro shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have a positive balance in your account, you shall receive back, at our discretion, a fair monetary value of such balance, save any expenses that may be incurred by Ad Blast Pro, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services.
10. Termination by the Customer
You are free to terminate or cancel your use of the Services at any time, and for any reason. Notwithstanding the foregoing, unless due to a breach solely by Ad Blast Pro that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Ad Blast Pro be obligated to refund to you the reasonable value of any unused balance previously prepaid by you.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services.
11. Force Majeure
Ad Blast Pro shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Ad Blast Pro. In addition, Ad Blast Pro shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
12. Choice of Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under this Agreement shall be settled and determined by binding arbitration in Jupiter, Texas in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the "Federal Arbitration Act"), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of Texas (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Ad Blast Pro's access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under Texas law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.
Anything in the foregoing paragraph to the contrary notwithstanding, Ad Blast Pro may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.
These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Ad Blast Pro are applicable to this Agreement in any way and are not to be considered your exceptions to the provisions of this Agreement.
13. Miscellaneous
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. 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 so that this Agreement will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Ad Blast Pro in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, Ad Blast Pro will be entitled to recover costs and attorneys' fees if it substantially prevails.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Ad Blast Pro may give notice to you by means of a general notice on the AdBlastPro.com website, electronic mail to your e-mail address on record in Ad Blast Pro's account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in Ad Blast Pro's account information.
Last updated Sept 17, 2018.