I agree that I have read the following terms and conditions that govern the website for OpenSeat.io. Reading this message constitutes an agreement to comply with said terms and conditions. OpenSeat.io is the property of OpenSeat, LLC. and the use of its services is available to anyone in the United States or Canada on the stipulation that they abide by the Terms and Conditions governing this Service.
OpenSeat.io is a text message marketing product, which enables clients of OpenSeat, LLC. to send and receive communications with their customers via SMS. By using OpenSeat, LLC.’s products and services, you and OpenSeat, LLC. have agreed to the following stipulations:
Terms of Service
Phone number: Your messaging program will make use of a OpenSeat-provisioned phone number, unless otherwise stipulated in writing. For all questions about the services provided by this short code, you can send an email to info@OpenSeat.io.
Charges: Standard message and data rates may apply any user sending or receiving SMS messages.
STOP: You can cancel the SMS service at any time. Just reply “STOP” to phone number that sent you an OpenSeat enabled text. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to restart the SMS service again, just reply “START” and we will start sending SMS messages to you again.
HELP: If at any time you forget what keywords are supported, just text “HELP” to the phone number that sent you an OpenSeat enabled text. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Customer & Technical Support: Customer and Technical Support for OpenSeat, LLC. may be contacted during normal business hours. Normal business hours are defined as 9am to 5pm Eastern Standard Time, Monday through Friday. OpenSeat, LLC.’s support staff will handle any inquiries made on holidays or outside normal business hours on the following day.
Incorporation of MMA Guidelines: All parties agree to adhere to current Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.
In the event of a conflict between the terms in this document and the MMA Guidelines, this document shall prevail.
Content: The term “Content” refers to the data you are asking OpenSeat, LLC. to store, process, or transmit to end users. You represent the following:
1) You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.
2) All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
3) The Content adheres to the current Association “U.S. Consumer Best Practices Guidelines”. Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.
4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, Canada, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.
5) OpenSeat, LLC. prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, medication. OpenSeat, LLC. reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by OpenSeat, LLC.
OpenSeat, LLC. reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that OpenSeat, LLC. deletes or refuses to transmit Content, the company will contact you to inform you of the problem. OpenSeat, LLC. will work with you to complete the campaign.
You permit OpenSeat, LLC.’s website (OpenSeat.io) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on)..
Campaigns: OpenSeat, LLC. may refuse, suspend, terminate any campaign, text program or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Canada Wireless Telecommunications Association Guidelinesf99, Cellular Carrier guidelines or that violates any applicable law or regulation.
Mobile Phone Numbers Provided To Us:
By providing mobile phone numbers for use on the OpenSeat, LLC. platform, you represent that:
1) You are in compliance with MMA and TCPA Guidelines.
2) OpenSeat, LLC.’s website (OpenSeat.io)’s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.
3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.
Reporting: Receiving access to OpenSeat, LLC.’s messaging platform will confirm the start of the campaign and provide proof of performance.
Service Level and Third Party Reliance: Uptime for OpenSeat, LLC.’s messaging platform is 99.99%. OpenSeat, LLC., however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between OpenSeat, LLC. and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of “Force Majeure” as described below.
General. Excluding payment obligations, neither party will liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If OpenSeat, LLC. suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, OpenSeat, LLC. will allow Client a pro rated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.
- Payment: If Client’s ability to transfer funds to third parties has been negatively impacted by an event outside the reasonable control of Client, Client will make all reasonable efforts to make payments in a timely manner to OpenSeat, LLC.. Events outside the control of Client include, but are not limited to, failure of banking clearing systems or a state of emergency. Delays caused by aforementioned conditions will be excused for the duration of such condition. Excuse for delays caused by events beyond the reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions.
Service may be suspended, cancelled or terminated by OpenSeat, LLC. if the Client’s payment for service fails. If this occurs, a series of “Payment Failure” notices will be sent and service will be cancelled or terminated if payment is not received within 14 days.
Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.
Additional Indemnification: You agree that OpenSeat, LLC. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by OpenSeat, LLC.
- Use of OpenSeat, LLC.’s website (OpenSeat.io). The Messaging Function is not to be used for any abusive and/or unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by OpenSeat, LLC. or its customers, or damage to OpenSeat, LLC. property. You agree that all usage of the OpenSeat, LLC.’s website (OpenSeat.io), including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the Messaging Function. OpenSeat, LLC. only provides you with service of sending messages to mobile phones. OpenSeat, LLC.’s website (OpenSeat.io) is not liable for any consequences brought on by or relating to any messages sent by any person that uses the aforementioned service.
- Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by OpenSeat, LLC. with your knowledge and consent. This is primarily done by completing an online form. Your personally identifiable information will not be sold or rented to anyone by OpenSeat, LLC.. Any lack of privacy that you may experience while using the Messaging Function is not the fault of OpenSeat, LLC., and OpenSeat, LLC. will not be held liable. OpenSeat, LLC. reserves the right to disclose, intercept, or delete any messages sent through the Messaging Function in order to protect its rights.
- Limitation of Liability. OpenSeat, LLC. will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to the use of the Messaging Functions at OpenSeat.io. OpenSeat, LLC. will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between OpenSeat, LLC. and you.
- No Warranties. OpenSeat, LLC. offers no express warranty with regards to its services or the Messaging Function. OpenSeat, LLC. disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. OpenSeat, LLC. does not authorize anyone to make any kind of warranty on its behalf.
- DISCLAIMER OpenSeat.io (the Site) and its contents are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, OpenSeat, LLC. offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the Site, services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, OpenSeat, LLC. does not represent or warrant that:
(i) The Services will meet your requirements; its services will meet your requirements;
(ii) The services will be uninterrupted, timely, or 100% error-free;
You acknowledge that it is not within the control of OpenSeat, LLC. how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and OpenSeat, LLC. becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by OpenSeat, LLC. . OpenSeat, LLC. shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. OpenSeat, LLC. is not responsible for any malfunction, delay, non performance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. OpenSeat, LLC. will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of OpenSeat, LLC. to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require OpenSeat, LLC. (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. OpenSeat, LLC. or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and OpenSeat, LLC. shall be indemnified by the Client from and against any claim which may be made against OpenSeat, LLC. in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. OpenSeat, LLC. shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.
- Opt in Guarantee by Client. Clients of OpenSeat, LLC. guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages and/or MMS messages recognize the sender and expect to receive said messages from him or her. OpenSeat, LLC. reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where OpenSeat, LLC. suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.
- Pricing. OpenSeat, LLC. reserves the right to make adjustments to the pricing of its product/service offering. OpenSeat, LLC. may raise or lower its prices at anytime. In the event that OpenSeat, LLC. makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by OpenSeat, LLC. OpenSeat, LLC. will deem Clients subscriptions to services acceptable when OpenSeat, LLC. delivers a confirmation of the subscription to the Client. OpenSeat, LLC. reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through check, ACH, online credit card, or any other method set forth by OpenSeat, LLC. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for OpenSeat, LLC. services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client’s service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that OpenSeat, LLC. is not obligated to make any refunds under any circumstances. . However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account and they will lose any textwords (Keywords), subscribers and other data they originally had. To cancel an account, a OpenSeat, LLC. user must email info@OpenSeat.io to make the cancellation request and include the following in the subject line: “Please Cancel OpenSeat Account”. Please allow 48 hours to process the cancelation.
- Unpaid products. OpenSeat, LLC. reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.
- Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by OpenSeat, LLC., you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of OpenSeat, LLC. For information on requesting such permission, please contact us at info@OpenSeat.io.
- Content Submitted To Traffic OpenSeat, LLC. You grant to OpenSeat, LLC. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the OpenSeat, LLC. Site(s) (such as bulletin boards, forums and newsgroups) or by email to OpenSeat, LLC. by all means and in any media now known or hereafter developed. You also grant to OpenSeat, LLC. the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against OpenSeat, LLC. for any alleged or actual infringement or misappropriation of any property right in your communications to OpenSeat, LLC.