TERMS OF USE
OMNI MARKETING SOLUTIONS, INC – WWW.TEXTOMNI.COM
OMNI MARKETING SOLUTIONS, INC. (“TextOmni”) PROVIDES ALL OF ITS SERVICES SUBJECT TO THESE TERMS OF USE. BY ORDERING SERVICES FROM TEXTOMNI, YOU, YOUR EMPLOYER, REPRESENTATIVES, AFFILIATES AND THEIR EMPLOYEES, AGENTS, OR ANY OTHER PARTY CONNECTED TO YOUR BUSINESS OR PROFESSION DO WILLINGLY ACCEPT AND AGREE TO ADHERE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OLDER, OR IF YOU ARE PROHIBITED BY LAW TO BE A PARTY TO THIS AGREEMENT DO NOT ORDER SERVICES FROM TEXTOMNI. IF YOU FAIL TO ADHERE TO THE TERMS LISTED IN THIS AGREEMENT, OMNI MARKETING SOLUTIONS, INC. (“TextOmni”) RESERVES ANY AND ALL RIGHTS TO DISCONTINUE SERVICES BEING PROVIDED TO YOU.
ANY AND ALL WRITTEN AGREEMENTS BETWEEN OMNI MARKETING SOLUTIONS, INC. (“TextOmni”) AND YOU ARE INCORPORATED INTO THESE TERMS. TO THE EXTENT THAT ANY PART OF THESE TERMS ARE CONFLICTING WITH THE WRITTEN AGREEMENT, YOUR WRITTEN AGREEMENT WILL HAVE PRECEDENT AS IT RELATES TO THOSE CONFLICTS.
OMNI MARKETING SOLUTIONS, INC. (“TextOmni”) HOLDS CLAIM TO ANY AND ALL RIGHTS TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME. WE WILL ALERT YOU IN ONE OF FOLLOWING TWO MANNERS:
Posting the updated Terms of Use on Omni Marketing Solutions, Inc website at www.TextOmni.com or
Sending a notice to the email address TextOmni has on file for you.
You are instructed to review the Terms of Use from time to time because continuing to use our services after such changes have been posted means you have consented to any and all changes. Changes may include changes to Fee’s charged to you by Omni Marketing Solutions, Inc. (TextOmni).
Services
Omni Marketing Solutions, Inc. (TextOmni) and any and all licensor’s offer services (the “service” or “services”) that pertain to Mobile SMS solutions and email marketing. In order to begin using these services you are required to sign up for one of the service plans offered by us. You may order services at www.textomni.com or by calling toll free 800-247-0302. Regardless, all orders are subject to Omni Marketing Solutions, Inc. (TextOmni) acceptance of said order and these Terms of Use.
Cancellation
After the terms of your initial agreement you may cancel, reschedule, or modify your contract by contacting the billing department of Omni Marketing Solutions, Inc. (TextOmni) via email at billing@TextOmni.com Requests must be received no later than 10 days prior to your next scheduled payment which will be recurring monthly on the anniversary day of your original sign up.
Client Accounts
The Software and Services allow you to set up a user account (Optional with User Accounts only) and related user identification numbers and passwords You are responsible and liable to Omni Marketing Solutions, Inc. (TextOmni) for all uses of your account and additionally all fees incurred for Services ordered under your account, whether or not authorized by you.
TextOmni Commitment
We are committed to doing our best to provide the services you expect. Subject to these Terms of Use, Omni Marketing Solutions, Inc. (TextOmni) will use commercially viable efforts to provide the Services to you as are set forth in the orders which Omni Marketing Solutions, Inc. (TextOmni) accepts. The Services are for your internal and business use, and not for resale to or use by any third party. You may reach the Omni Marketing Solutions, Inc. (TextOmni) customer support services via our toll free number 800-247-0302 (inside the US only) or via email at support@TextOmni.com Support is available during our normal business hours.
Use of Services
Through the use of our services you acknowledge that Omni Marketing Solutions, Inc. (TextOmni) will have access to information (proprietary data) for use in honoring our service commitment to you. Any and all data gathered and maintained by Omni Marketing Solutions, Inc. (TextOmni) or our affiliates is owned by you. Any information you desire to be utilized by Omni Marketing Solutions, Inc. (TextOmni) in the process of servicing your account must be provided in a form and format required by Omni Marketing Solutions, Inc. (TextOmni). Omni Marketing Solutions, Inc. (TextOmni) will take any reasonable and necessary measures to keep your database and Proprietary information confidential and will NEVER sell or rent your information. We may use any lists associated with your account (ie SMS lists and Email lists) to gather analytical data for your benefit including but not limited to information concerning gender, location, affiliations etc. You agree and consent to give us the right to access and conduct analytics and to provide your information, data, and lists to 3rd parties for the sole purpose of conducting research on such data. We agree to provide you access to reports and conclusions of such that benefit you.
Unsubscribe list
It is agreed and confirmed that Customers who have opted in to any method of communication (mobile or email) may unsubscribe at any time by following the directions attached to each communication. You understand we will immediately remove any and all data of any customer who requests to stop receiving communications. You agree to do the same. Additionally it is mutually agreed that under no circumstances will products or services, alerts, or communication relating to Omni Marketing Solutions, Inc. (TextOmni) services be sent to any customer who has not opted in to such service. Should you fail to comply with these terms and conditions you will be assessed a $100 fine per occurrence. You agree that in all outbound messages you send to your subscriber list you will add “reply STOP to stop or HELP for help”. Failure to do so may, at our discretion result in termination of our services to you.
In the event you are supplying to Omni Marketing Solutions, Inc. (TextOmni) an already developed list of contacts, you agree that they do not contain any contacts that have previously opted out of receiving SMS communications or email.
Unlimited plans
At our sole discretion we may offer unlimited packages from time to time. These packages have the following limitations.
a) We do not allow imported lists on unlimited plans
b) We allow up to one send per week to an unlimited number of subscribers, but never to exceed more than 4 sends per month.
c) New accounts only
D) Unlimited packages are not available for use by agencies who have or do operate or conduct business in the SMS sector, including resellers of SMS services or business owners or agencies engaged in offering SMS marketing or similar services. Additionally Unlimited packages are not available for custom solutions which gather data or utilize Data Extension functionality.
Rules
You agree that it is the sole responsibility of yourself to ensure that any and all services you request of us and are performed by Omni Marketing Solutions, Inc. (TextOmni) on your behalf, or by you, comply with any and all applicable laws and these terms and conditions.
Privacy
You agree to follow our Privacy Policy. When you provide content, obtain services from, provide services to and communicate with your database it is agreed that you will adopt and maintain a privacy policy similar to the Omni Marketing Solutions, Inc.
Content and Uses
You agree that you will NOT:
Use Omni Marketing Solutions, Inc. (TextOmni) services for any unlawful purpose or intent including but not limited to:
Displaying or transmitting Pornographic material, “Adult” products or services or unlawful material or content.
Attempt to bypass or “Hack” any of our systems or modify, change, sub-license, reverse engineer, or disassemble any portion of our site or services.
Create any false identities or input any false or forged emails on our site or throughout our services.
Copy, disseminate or reproduce any part of our site(s) without our prior written consent
Never, in any fashion SPAM others using ours or your services
Utilize any purchased database or lists.
Attempt to modify or remove any trademarks, copyrighted material or proprietary information contained on our site or within our services.
Monitoring
We maintain the right to monitor the use of our services at any time with or without cause. Omni Marketing Solutions, Inc. (TextOmni) is not however responsible for your actions or liable in any way for your content or any violation of law or our agreement.
Payment
By using Omni Marketing Solutions, Inc. (TextOmni) Services, you agree that Omni Marketing Solutions, Inc. (TextOmni) is permitted to bill you the applicable fees and any other charges for the Services provided by Omni Marketing Solutions, Inc. (TextOmni). You agree to pay for our services by using your Credit Card. Prior to access to services you will set up an account from which payments for Services and charges are debited. Omni Marketing Solutions, Inc. (TextOmni) makes it possible for you to establish this automated payment system via establishment of a credit card account. Omni Marketing Solutions, Inc. (TextOmni) will charge your credit card for any recurring monthly charges on the anniversary day of your original purchase and prior to the month which Services will be performed. You agree to pay for any fees or services in excess of those included in the services you purchased, at the rate designated at the time of purchase.
Terms of Contract
Subject to the original terms of your Package agreement and unless you designated a contract with us for longer than 30 days, your Agreement will be on a month-to-month basis and will continue until it’s terminated as described herein. You acknowledge that we require valid contact information on all accounts including your name, address, and phone number. Failure to provide valid information may result in termination of services.
No Endorsement
Links to other web sites do not imply an endorsement of the materials disseminated by publishers at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Omni Marketing Solutions, Inc is not responsible for the materials contained at any web site linked to this site.
SUCCESSORS AND ASSIGNS
Each Party agrees to allow this Agreement to be reassigned in the event of a purchase of either Party’s or both Parties’ businesses or the majority interest within each Party’s of both Parties’ businesses provided that the terms of this Agreement, the commitments herein and those not specifically included by reference but demonstrated by each Party remain unaltered unless agreed to by both Parties. In the event this is found to be practical and acceptable to the Party not seeking assignment, the Party not seeking assignment shall not unreasonably withhold consent to the Assignment. This Agreement shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors and assigns.
Ownership Rights
Omni Marketing Solutions, Inc. (TextOmni) holds any and all rights, title and interest in and to the Services, and all components thereof, including without limitation the software (the “Software”) used to receive orders and information from you for Services and to provide the Services to you, shall be and remain the sole and exclusive property of Omni Marketing Solutions, Inc. (TextOmni)or its third party licensors, as applicable. There are no implied licenses.
Copyright
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we are hosting infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to Omni Marketing Solutions, Inc. 3450 E Russell Rd Las Vegas, NV 89120 c/o Legal Department. Prior to any adverse action we advise you to consult your legal advisor as there can be penalties for false claims under the DMCA.
DISCLAIMER- NO WARRANTY
OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS TO BE ACHIEVED BY YOU AFTER PERFORMANCE OF THE SERVICES. OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. YOU’RE NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE SERVICES. OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) does not warrant the accuracy or reliability of the results obtained through the Services or any data or information downloaded or otherwise obtained or acquired through or in connection with the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through or in connection with the Services are at your sole risk and discretion and Omni Marketing Solutions, Inc. (TextOmni) will not be liable or responsible for any damage to you or your property in connection therewith.
LIMITATION OF LIABILITY
IN NO EVENT WILL OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) CUMULATIVE AGGREGATE LIABILITY RELATED TO SPECIFIC SERVICES PROVIDED TO YOU EXCEED THE AMOUNTS RECEIVED FROM YOU WITH RESPECT TO SUCH SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHER CLAIM. IN NO EVENT SHALL OMNI MARKETING SOLUTIONS, INC. (TEXTOMNI) BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, NON-COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. THE LIMITATIONS IN THIS SECTION (I) ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND (II) APPLY NOTWITHSTANDING THE VALIDITY OF THE LIMITED REMEDIES PROVIDED FOR IN THE AGREEMENT OR IF ANY SUCH LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW AND VENUE
These Terms of Use shall be governed by and construed according to the laws of the State of Nevada. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO SHALL BE BROUGHT IN THE CIRCUIT COURT OF CLARK COUNTY, STATE OF NEVADA, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, THE PARTIES HEREBY ACCEPT FOR THEMSELVES, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF SUCH COURT. THE PARTIES IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH JURISDICTION AND CONSENT AND AGREE THAT THE CIRCUIT COURT OF CLARK COUNTY, STATE OF NEVADA SHALL BE THE EXCLUSIVE JURISDICTION FOR ANY SUCH ACTION OR PROCEEDING.
Miscellaneous
The headings contained in this Terms and Conditions of Use are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions of Use, and You do not have any authority of any kind to bind Omni Marketing Solutions, Inc in any respect whatsoever.
In the event either Party files lawsuit, or any counterclaim in a lawsuit filed by the other Party, regarding this Agreement or the respective rights of the Parties hereunder, then the prevailing Party in such lawsuit or counterclaim shall be entitled to recover such Party’s reasonable attorneys’ fees and court costs and fees from the other party
Communications made through Omni Marketing Solutions, Inc’s messaging system(s) shall in no way be deemed to constitute legal notice to Omni Marketing Solutions, Inc or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Omni Marketing Solutions, Inc or any of its agencies, officers, employees, agents or representatives, where notice to Omni Marketing Solutions, Inc is required by contract, or any federal, state or local laws, rules or regulations.
All notices, requests, demands, claims, and other communications hereunder will be in writing and addressed to the intended recipient as set forth below:
Omni Marketing Solutions, Inc
3450 E Russell Rd Suite 110
Las Vegas, NV 89120
Indemnification
You Agree To Indemnify And Hold Omni Marketing Solutions, Inc. (TextOmni), Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.
