Service Terms and Conditions
March 10, 2021
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR YOUR USE OF THE SERVICE IN GENERAL. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE AND/OR MOBILE APPLICATION UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. All Purchases made by you with respect to the Services are final and non-refundable.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://alldaytext.com or website and/or via mobile phone (together, or individually, the "Service") operated by AllDay Text LLC (“AllDay”,"us", "we", or "our").
- Agreement. These Terms apply to all visitors, users, guests, third parties and others who wish to access and/or use the Service, including without limitation the purchase of products and/or services, either directly or indirectly, through the use of your account and password. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms. If you do not agree to these Terms, you should not use the Service. These Terms may be modified at any time by AllDay upon posting of the modified Terms. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of all Terms and Conditions. THIS SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18).
- Online Account Access. To access certain features available through the Service, you will create an user account (“User Account”). For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e. Account owner name, address, email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Service. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by email at firstname.lastname@example.org. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
- Reliance by Company. You authorize AllDay to rely on your User ID and password to identify you when you use your User Account, and as signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all payments you make using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User Account or give them your User ID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
- Communications. By creating an account on our Service, you agree to subscribe to receiving customer service emails, payment and account notifications, service updates, marketing and promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any text message and/or email we may send.
When placing an order via SMS or the website, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order at our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirmation email referenced herein.
All applicable prices are set forth alongside the goods and services offered via mobile phone and/or website. Such prices may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us at our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Texting Service. The "Service" consists of our SMS (“Text Messaging”) Service.
AllDayText LLC provides a unique, exclusive SMS enabled phone number that allows an inmate to address a CorrLinks message to a specific mobile device and for that mobile device to receive the inmate’s message via SMS. Additionally, the Service will receive inbound SMS messages to an inmate subscriber’s unique phone number, convert the message and deliver to the inmate subscriber via the CorrLinks messaging software.
You will receive an activated SMS enabled phone number upon successful registration and payment. The cost of the SMS enabled phone number and related SMS messaging costs is the service cost charged by AllDayText and DOES NOT INCLUDE fees that the Institution and/or the SMS messaging costs imposed by the SMS message recipient’s phone number telecommunication provider.
AllDayText accepts credit/debit cards, automatic withdrawal, money orders, and government issued (BP-199) checks via U.S mail.
AllDayText's service is available via subscription only. Service is paid in advance of actual usage. For subscribers paying via credit or debit card, you agree to allow us to charge your card for the selected monthly or quarterly subscription and ancillary services monthly until you cancel your AllDayText subscription.
- Availability, Errors and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Data Collection. User acknowledges and agrees that the Services provided include the recording of data collected from the user’s device, which data may include, without limitation, audio, video, metadata, equipment, computer, and other user information. You agree to defend, indemnify and hold harmless AllDay and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorney's fees), resulting from or arising out of your use and access to the Services, including any claims made by third parties arising from your use and access to the Services.
- Refunds. All Purchases made by you with respect to the Service are final and non-refundable. Refund requests may be considered by AllDay on a case-by-case basis and granted in the sole discretion of AllDay. AllDay shall be in no way required to refund any funds paid to it, including without limitation, any funds paid prior to termination. If a refund request is granted, it may require a convenience fee be paid in the amount of $5 per subscription.
- Content. Our Service may allow you to upload, share and otherwise make available certain information, including without limitation text, graphics, pictures, photographs, names, addresses, other contact information or other material ("Content"). You are responsible for the Content that you post or upload on or through the Service, including its legality, reliability, and appropriateness. AllDay shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. You are solely responsible for your own communications and Content, including without limitation, any data, images, graphics, text, audio, video, email, links, and/or screen names you post or upload to the site. You agree to use the Service to post, upload, and receive communications and Content that are legal and proper.
By uploading Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting or uploading of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You represent and warrant to the Company that the Content/information provided to the Company when purchasing product, whether the purchaser information, or the recipient information, is true and correct, and you have authorization from the recipient to send such Content through the Service. We reserve the right to terminate the User Account and any Purchase in our sole and complete discretion, including without limitation for any copyright infringement, inaccurate information provided (whether sender or recipient), and use of the Service for illegal, illegitimate, or immoral purposes.
AllDay has the right but not the obligation to monitor your use of the Service and may at any time, for any reason, in its sole discretion, terminate your use. Content stored by AllDay may or may not be retained after any Purchase.
The Service is the sole property of the AllDay and these Terms do not provide any right or license to, other than the right to use as provided herein, the Service. You have no interest in the code and proprietary software, system, source code, run code or other intellectual property of AllDay.
- Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims.”
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Service on your copyright.
- Intellectual Property. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of AllDay and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AllDay.
- Links to Third-Party Service Providers and Other Web Sites. You acknowledge and agree that AllDay may rely on third-party service providers to provide Services and capture Content. Accordingly, AllDay makes no representation or warranty whatsoever as to the quality of the Services provided or the Content that is captured through the use of the Services, including, without limitation, picture quality. You shall be solely responsible for the quality of the Content that is captured through the Services, and AllDay shall have no responsibility to edit or modify Content connected to any User Account. Our Service may contain links to third-party websites or services that are not owned or controlled by AllDay. AllDay has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Therefore, you acknowledge and agree that AllDay, and its and their shareholders, officers, directors, employees, and agents are not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that AllDay is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
- Termination of Service. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation, a breach of the Terms. If you wish to terminate Service, you may continue using the Service until the subscription renewal date. You may request that we terminate the subscription immediately, but doing so will not result in a refund of any monies paid to AllDay. You may discontinue using the Service and cancel Service via the User Account cancellation functionality on our website or by calling our customer support team. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, Sections 16-24 hereof. Upon termination, you shall no longer be able to use AllDay's calling service.
- Indemnification. You agree to defend, indemnify and hold harmless AllDay and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorney's fees), along with any claims made by a third-party, guest, invitee or otherwise relating to your use of your User Account and password, resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, including any third-party claims arising from your use of your account and password; (b) a breach of these Terms, or (c) Content posted or Uploaded on the Service.
- Limitation of Liability. IN NO EVENT SHALL ALLDAY, NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO US UNDER THESE TERMS FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SERVICE WHICH ARE DIRECTLY ASSOCIATED WITH THE CLAIM BEING MADE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
- Disclaimer. THE INFORMATION ON THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. ALLDAY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLDAY MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR ANY MATERIALS OFFERED THROUGH THE SERVICE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
- Disclosures Required by Law. AllDay reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. AllDay reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing AllDay to disclose the identity of anyone posting any content or publishing or otherwise making available any materials that are believed to violate the Terms of Service. AllDay will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that AllDay shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure. User agrees to reimburse AllDay for any and all fees and costs associated with responding to subpoenas associated with their account.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD ALLDAY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALLDAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALLDAY OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
- Governing Law/Binding Arbitration. These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington. Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Seattle, Washington. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Washington. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Both parties shall bear their own costs in association with any arbitration; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement of our costs and expenses in such Arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (20) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
- Waiver. The failure of AllDay to exercise or enforce any right or provisions of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by AllDay must be in writing and signed by an authorized representative thereof.
- Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
- Force Majeure. AllDay shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Service, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Service so that you will always be able to understand the terms and conditions that apply to your use of the Service and/or the User Account. Your use of the Service and/or the User Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
Contact Us. If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:
AllDay Text LLC
4742 42nd Avenue SW #397
Seattle, WA 98116 USA