EMPLOYEE SMS TEXTING POLICY

Enterprise Center SMS Terms & Conditions

Effective Date: September 20, 2022

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS ("Terms") CAREFULLY BEFORE USING THIS OR ANY WEB SITE OR ANY TEXT MESSAGE SERVICES OPERATED BY ENTERPRISE CENTER ("Enterprise Center", "we", "us", or "our"). We offer services to advertise/communicate content ("Content") to you through the use of text, SMS, MMS, or RCS messages (in any case, a "Text Message," or "Text Message Services"), and web sites ("Site" or "Sites").

BY SUBMITTING YOUR MOBILE DEVICE NUMBER, OPTING-IN, SENDING TEXT MESSAGES, OR USING A SITE, YOU EXPRESSLY CONSENT TO THESE TERMS, INCLUDING THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO OUR PRIVACY POLICY, AND EXPLICITLY CONSENT TO RECEIVE TEXT MESSAGES (INCLUDING MARKETING/ADVERTISING MESSAGES) TO YOUR MOBILE DEVICE FROM ENTERPRISE CENTER VIA AUTOMATED TELEPHONE DIALING SYSTEMS OR OTHER AUTOMATED TECHNOLOGY.

YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY AND BY USING THE SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSING.

You affirm:

  • You are over the age of 18.
  • You are a resident of the United States and are accessing this or any website or any text message service operated by us from within the United States.
  • You have entered your phone number and/or message correctly.
  • You are the owner of the mobile device and the number provided; and you are authorized to enter into this agreement.
  • Your explicit consent to receive Text Messages from Enterprise Center including marketing/advertising messages.
  • Message and Data Rates May Apply.
  • Message Frequency Varies.
  • Consent is not a condition of purchase.
  • Your explicit consent to receive Text Messages after 9 p.m. and before 7 a.m.
  • Your explicit consent to receive Text Messages asking you to opt-in to receive future Text Messages.
  • You will not communicate copyrighted, illegal, profane, or otherwise inappropriate Content.
  • You agree to contact us at [email protected] to let us know (within 48 hours) if your mobile device number changes or is reassigned.
  • You understand that your telecommunications carrier's messaging and data rates may apply. All charges are billed by and payable to your mobile service provider. We do not charge you for sending or receiving Text Messages through the Text Message Services.
  • Supported Carriers: AT&T, Boost, C Spire Wireless, ClearSky, Interop, Metro-PCS, Sprint, T-Mobile, US Cellular, Verizon, Virgin ("Supported Carriers")
  • You understand Enterprise Center, our vendors and their affiliates, Supported Carriers, and all other telecommunications carriers are not responsible for, nor liable for Content, errors and omissions, proper formatting, and delayed or undelivered Text Messages.
  • You understand not all devices and Supported Carriers support all Text Message types, content, formatting, and services.

Opt Out information

To opt out, please use one of the following methods:

  • From the mobile device you have received a message, text one of the follwing words to the number from which you received a message: "STOP," "STOP ALL," "QUIT," "CANCEL," "UNSUBSCRIBE," or "END". Msg & Data Rates May Apply. You should receive a return message confirming your choice of opt out. If you do not know the number from which you received a message, please use one of the other options below.
  • Email [email protected] and we can manually opt you out. Please be sure to Include your mobile number and that you would like to opt-out of text messaging. We can not process requests without your mobile number. Note, this may take up to 48 hours to process once received.
  • Call 314-589-5874 and we can manually opt you out. Note, leave a message with your mobile number and that you would like to opt-out. We can not process requests without your mobile number. This may take up to 48 hours to process once received.

How to Get Text Messaging Help

You can get text messaging help by using any of the methods below. For inquiries not related to text messaging assistance, please visit https://enterprisecenter.com:

  • Text "HELP" to the number from which you received a message. Msg & Data Rates May Apply. If you do not know the number, please use one of the other options below.
  • Email [email protected]. Please include your mobile number and text message help inquiry. For inquiries not related to text messaging assistance, please visit https://enterprisecenter.com.
  • Call 314-589-5874 and leave a message with your mobile number and text message help inquiry.

Use of Content

You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content for anything other than communicating with Enterprise Center. You may not remove any copyright or other proprietary notices from any Content. If you breach any term or condition of these Terms, your authorization to use the Text Message Services, Sites, and Content automatically terminates without notice to you, and you must immediately destroy any copies of the Content in your possession. You hereby grant Enterprise Center, our vendors and all affiliates a perpetual, irrevocable, worldwide, sublicensable, paid-in-full, royalty-free license to use any Intellectual Property you create, own, or have permission to use, sent by you through the Text Message Services or Sites for any purpose, including, but not limited to, the creation of derivative works, and agree to reimburse Enterprise Center, our vendors, and all affiliates for all legal fees and damages if accused of wrongdoing due to the use of said content.

Prohibitions

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Text Message Services, Sites, or Content, or otherwise attempt to gain unauthorized access to any portion, or feature of the Text Message Services, Sites, or Content, or any other systems or networks connected to the Text Message Services, Sites, or Content, or to any server of Enterprise Center or its vendors or third party service providers, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion, or feature of the Text Message Services, Sites, or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Text Message Services, Sites, or Content, or with any other person's use of the Text Message Services, Sites, or Content; (d) breach any security measures implemented on the Text Message Services, Sites, or Content; (e) track or seek to trace any information on any other person who uses the Text Message Services or visits the Sites; (f) use the Text Message Services or Sites or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software or content used to provide, maintain, or otherwise applicable to, the Text Message Services, Sites, or Content, or otherwise made available to you in connection with the Text Message Services, Sites, or Content.

Indemnification

You hereby agree to defend, indemnify and hold Enterprise Center, our vendors, and all affiliates harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys' fees and costs) arising from your breach of these Terms or otherwise arising from your use or misuse of the Text Message Services, Sites, or Content.

Proprietary Rights

Nothing in these Terms gives you any right to use any trade names, trademarks, service marks, logos, domain names, or other distinctive brand features owned by Enterprise Center, our vendors, or all affiliates. All rights not expressly granted by Enterprise Center under these Terms are reserved. There are no implied rights.

Third Party Web Sites

The Text Message Services, Sites, or Content may provide links to third party web sites ("Third Party Sites"). Enterprise Center does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on such Third Party Sites, which may be different from these Terms or our Privacy Policy.

Disclaimer of Warranties

THE TEXT MESSAGE SERVICES, SITE, AND CONTENT ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. ENTERPRISE CENTER ON BEHALF OF ITSELF AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, VENDORS, AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, ENTERPRISE CENTER PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE TEXT MESSAGE SERVICES, SITES, OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE AND CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TEXT MESSAGE SERVICES, SITES, OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND ENTERPRISE CENTER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENTERPRISE CENTER OR ANY PERSON ON BEHALF OF ENTERPRISE CENTER SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS PARAGRAPH SHALL EXCLUDE OR LIMIT ANY ENTERPRISE CENTER PARTY'S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL ANY ENTERPRISE CENTER PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE OR LOSS OF USE OF, THE TEXT MESSAGE SERVICES, SITES, AND CONTENT, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY).

Export Control

Enterprise Center makes no representation or warranty that the Text Message Services, Sites, and Content are appropriate or available for use outside the United States, and the access and use of the Text Message Services, Sites, and Content in jurisdictions where their access and use is illegal is prohibited. You are solely responsible for determining whether you are permitted to access and use the Text Message Services, Sites, and Content under the laws of the jurisdiction from which you access and use them. You may not use, export or re-export the Content in violation of any applicable laws, rules or regulations.

Changes to Terms

Enterprise Center may add to, change or remove any part, term or condition of these Terms, and any content, including, without limitation, product and service descriptions. By continuing to access and use the Text Messaging Services, or Sites, you are indicating your acceptance of such changes. Enterprise Center will notify you of changes to these Terms by posting the revised version and changing the "Last Updated" date below. Please check these Terms periodically for changes.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Enterprise Center in connection with the Text Message Services, Sites, or Content, shall constitute the entire agreement between you and Enterprise Center concerning the Text Message Services, Sites, or Content. If any provision of these Terms is deemed invalid, illegal or unenforceable, then that provision shall be enforced as to maintain the intent of these Terms, and all other remaining provisions of these Terms will remain in full force and effect. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Enterprise Center failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These terms were last updated on September 20, 2022.