PARACHUTE TEXT LLC
PARACHUTE TEXT LLC
PARACHUTETEXT.COM TERMS OF SERVICE
PARACHUTETEXT.COM TERMS OF SERVICE
Effective Date: September 6, 2021
PARACHUTETEXT.com (“PARACHUTE”) is a business under the ownership of PARACHUTE TEXT LLC, (“PARACHUTE”, “Company”, “we”, “our”, or “us”), a Delaware limited liability company. The terms "you," "your," "yours", “user”, “users” and "Customer" refer to the customer utilizing our Website. The terms "Site", "Website", "Application", “App”, "Product", “Services” and "Service" refer to the website and services provided by PARACHUTE.
PARACHUTETEXT.COM provides online text messaging and email messaging (“MESSAGING”) services to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using services or materials on this website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
These Terms of Service are a binding contract between you and PARACHUTE TEXT LLC.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
These Terms of Service are effective as of September 6, 2021. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
DESCRIPTION OF SERVICES
PARACHUTE offers online text messaging and email messaging services at its website www.PARACHUTETEXT.COM.
The service includes, but is not limited to: a dedicated toll-free VOIP number that facilitates the delivery and transmission of SMS and MMS text messages; and the PARACHUTE website or software applications provided by PARACHUTE and PARACHUTE.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, smartphone, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the website, including any of the website’s features, at any time with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. Any new features that augment or enhance the then current services on this website shall also be subject to these Terms of Service. We also reserve the right, in our sole discretion, to reject or remove any material that you upload, send or receive, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
SERVICE USAGE TERMS
You may be required to sign up for an account and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. For your User ID, you may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Service on that organization or entity’s behalf and bind them to these Terms of Service (in which case, the references to “you” and “your” in these Terms of Service, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.
You are solely responsible for protecting the security of your account and your password. You are responsible for any activity associated with your account.
We retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of text messages you send and receive, the total number of email messages you send, or messages you use that are not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action and allow a reasonable period to allow you to modify your use.
Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with PARACHUTE's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages PARACHUTE's or other customers' property. If PARACHUTE finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, PARACHUTE may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Harvesting or otherwise collecting information about others, including email addresses, without their consent; (4) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (5) Creating a false Caller ID identity ("ID spoofing") or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services; (6) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (7) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without PARACHUTE’s prior written consent; (8) Using the Services to develop or enhance any software, software code, or any derivative works of any software without PARACHUTE’s prior written consent; (9) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (10) Utilizing the Services in excess of what, in PARACHUTE's sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VOIP line or using a single VOIP line in excess of what would be expected of a single user; and (11) Using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that:
Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). The PARACHUTE Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): Trunking or forwarding Your PARACHUTE number to (an)other phone number(s) capable of handling multiple simultaneous calls or messages, or to a private branch exchange (PBX) or a key system; Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk messages simultaneously); Bulk call-in lines (e.g., customer support or sales call centers not provided by PARACHUTE, "hotlines", 900 numbers, sports-line numbers, etc.); and Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair PARACHUTE's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, PARACHUTE may suspend or terminate Your Account or, upon prior notice. PARACHUTE reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
TEXT MESSAGE USAGE
PARACHUTE offers mass text messaging for SMS and MMS text messages. With a Parachute account, you can send and receive text messages via your PARACHUTE provided telephone number through the PARACHUTE website application and/or the PARACHUTE website. Each Text Message (SMS and MMS) is limited to a maximum of 160 characters. If an inbound or outbound SMS Text Message exceeds the limits set either by PARACHUTE, or by the carrier delivering your Text Message (as applicable), your Text Message may be sent or delivered as a series of consecutive Text Messages, which will utilize more of your usage under your PARACHUTE subscription plan. Abnormally high usage is subject to the terms and restrictions of the Use Policy set forth above and other restrictions described in this Agreement. If, for any reason, PARACHUTE believes that You are using the service for a prohibited purpose and/or Your SMS text message usage violates the Terms of Service, then PARACHUTE may, in its sole and absolute discretion with or without notice, terminate Your unlimited service.
The transmission of unsolicited messages, using the Services for broadcasting, and/or transmitting unsolicited advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991, and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and advertisements through the Services is prohibited. You shall not use the Services to send or transmit any unsolicited communications or advertisements and understand that, if You do, PARACHUTE may immediately terminate Your right to use the Services without liability of any kind.
At the sole discretion of PARACHUTE and without further notice, PARACHUTE may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify PARACHUTE from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that You may send and/or receive using the Services.
If You transmit or are otherwise connected with any transmission or other unsolicited marketing messages using the Services, You agree to pay PARACHUTE its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay PARACHUTE liquidated damages of twenty dollars ($20.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
Violates any law or regulation;
Infringes or violates the intellectual property rights or any other rights of anyone else (including PARACHUTE);
Jeopardizes the security of your PARACHUTE account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services;
Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without prior written consent from PARACHUTE;
Uses the Services to develop or enhance any software, software code, or any derivative works of any software without prior written consent from PARACHUTE;
Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Copies or stores any significant portion of the Content;
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
You are fully responsible for the contents of your transmissions through the Service. PARACHUTE simply acts as a passive conduit for you to send and receive information of your own choosing. However, PARACHUTE reserves the right to take any action with respect to the Service that PARACHUTE deems necessary or appropriate in its sole discretion, if PARACHUTE believes you or your information may create liability for PARACHUTE, compromise or disrupt the Service for you or other customers, or cause PARACHUTE to lose (in whole or in part) the services of the PARACHUTE’s ISPs or other suppliers. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (2) not to use the Service for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon PARACHUTE. The Service makes use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Service for chain letters, junk VOIP or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list.
Unsolicited marketing in violation of laws and regulations pertaining to Telemarketing through the Service is prohibited and a material violation of this Agreement. You hereby acknowledge and agree that PARACHUTE, as owner of all PARACHUTE Numbers, has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited VOIP advertisements, including but not limited to claims under the TCPA and similar laws of any other country, state or province, and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to PARACHUTE as consideration for its provision of the Service.
VOIP NUMBER PORTING
PARACHUTE does not offer inbound or outbound VOIP number porting services ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). PARACHUTE does not port VOIP numbers into PARACHUTE from other service providers. PARACHUTE does not allow users to port VOIP numbers from PARACHUTE to other service providers. If you cancel your PARACHUTE monthly subscription plan, you are not permitted to port your PARACHUTE VOIP number to another service provider. All inbound or outbound VOIP number porting requests received by PARACHUTE will be automatically denied.
ACCOUNT RECORDS STORAGE
While your account is active, email message records and text messages received or sent via your PARACHUTE account will be stored and displayed in the PARACHUTE Account Dashboard. PARACHUTE will store your usage records (email messages and text messages activity) and make them available to you via the PARACHUTE Account Dashboard. If you close your PARACHUTE account, the PARACHUTE system will automatically delete the stored usage records from your PARACHUTE Account Dashboard. You acknowledge that PARACHUTE may cease offering this feature or change its practices and/or limitations concerning this feature at any time, including, without limitation, changing the maximum number of days that usage records will be retained, the maximum number of usage records stored at any one time and the maximum storage space allotted on the PARACHUTE servers on your behalf. You further agree that PARACHUTE has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any usage records. All usage records sent or received using your PARACHUTE account will be automatically deleted from the PARACHUTE Account Dashboard immediately after the PARACHUTE account has been closed.
PARACHUTE is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms of Service. PARACHUTE has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
Account termination may result in destruction of any content associated with your account, including any usage records being stored on your PARACHUTE account. If you cancel your PARACHUTE account, your stored usage records will be deleted and your dedicated VOIP number will be deprovisioned without the possibility to be reactivated at a later date.
If you have cancelled your PARACHUTE account by mistake, contact us immediately at HELP@PARACHUTETEXT.COM. We will try to help, but unfortunately, we can’t guarantee that we can recover or restore anything.
PARACHUTE reserves the right to suspend or terminate your account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to PARACHUTE when PARACHUTE believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to PARACHUTE.
If, for any reason, PARACHUTE believes that You are using the Service for a prohibited purpose and/or Your usage violates the Terms of Service Policy, then PARACHUTE may, in its sole discretion with or without notice, terminate Your service.
PAYMENT AND CHARGES
You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon signing up for the Service. PARACHUTE reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Service as it deems appropriate and PARACHUTE reserves the right to change prices or institute new charges for access to or use of the Service.
PARACHUTE may amend your pricing plan, including any charges thereto, at any time either by posting pricing plan changes on the PARACHUTE Website, or sending information regarding the pricing plan changes to the email address you provided to PARACHUTE. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your PARACHUTE account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified.
Text Message Definition: PARACHUTE offers monthly subscription plans that are billed monthly and include monthly text message allotments. Each Text Message (SMS and MMS) is limited to a maximum of 160 characters. If an inbound or outbound SMS Text Message exceeds the limits set either by PARACHUTE, or by the carrier delivering your Text Message (as applicable), your Text Message may be sent or delivered as a series of consecutive Text Messages, which will utilize more of your usage under your PARACHUTE subscription plan. For example, if you send an outbound text message that includes 170 characters of text, 2 text messages will be deducted from your monthly text message allotment. If your text message usage in the monthly billing cycle exceeds the number of text messages included with your monthly subscription plan, text message overage fees will be incurred at your expense and charged to your PARACHUTE account at a rate of $0.02 USD per text message sent.
Unused text messages expire at the end of each monthly billing cycle and do not roll over as credits to the next billing cycle.
International overage rates will be incurred at your expense and charged to your PARACHUTE account if you send or receive / send text messages to international phone numbers outside of the USA or Canada. For example, if you send to or receive a text message from a United Kingdom phone number, international overage rates will apply; if you send to or receive a text message from a Germany phone number, international overage rates will apply. In addition, You may be charged any applicable Taxes and Fees associated with international usage. Please contact us for more information on international usage rates.
Your monthly subscription fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, PARACHUTE may submit charges for your monthly service fee each month. If you add additional PARACHUTE Numbers to an existing account, your first payment for such additional PARACHUTE Numbers will not be prorated. You agree that PARACHUTE may (at its discretion) accumulate Service fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that PARACHUTE may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Service fee charges may appear on the statement you receive from your card issuer.
Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that PARACHUTE is authorized to charge your designated card(s). Your card issuer's agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
Free Trial Terms: If you subscribed to the Service pursuant to the PARACHUTE free trial, granting you a free trial period, your monthly subscription plan fee will be AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT AT THE TIME OF SIGN UP (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card at the time of sign up, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice that you have terminated your PARACHUTE account. Such notice will not affect charges submitted before PARACHUTE reasonably could act on your notice. The Free Trial includes 50 outbound text messages of domestic usage and 50 outbound email messages during the first 7 days from when the account was originally created. If your usage exceeds the free trial limitations, you will be automatically charged for the full price of the monthly subscription plan that you signed up for. You will not receive a notice from PARACHUTE to inform you that your free trial period has ended or that your free trial limits have been reached. You can easily monitor your messaging usage by logging into the PARACHUTE account dashboard. If you cancel your PARACHUTE account within the first 7 days from the original sign up date AND you have not used more than 50 domestic text messages or 50 email messages during the first 7 days AND you contact Parachute support for a refund request, any charges to your payment method will be fully refunded, unless your PARACHUTE account has incurred usage overage fees, including international usage fees. These 3 conditions must be satisfied to qualify for a full refund under the Free Trial Money Back Guarantee: (a) You must submit a request to cancel your PARACHUTE account within the first 7 days of your original sign up date; (b) You must contact Parachute customer support to request a refund; (c) Your domestic usage cannot exceed 50 text messages or 50 email messages. If you submit a cancellation request after the first 7 days have passed, you will no longer be entitled to a full refund under the terms of the Free Trial. You can cancel your PARACHUTE account at any time by submitting an email request to HELP@PARACHUTETEXT.COM or by logging into the PARACHUTE Account Dashboard and clicking the “CLOSE ACCOUNT” button on the Settings Page.
Changed Billing Information: You must promptly notify PARACHUTE of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card. You must also promptly notify PARACHUTE if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by declined credit or debit card charges, you are solely responsible for updating your billing information on the Billing Settings page of your PARACHUTE account dashboard.
NO RESALE OF THE SERVICE
You are prohibited from selling, reselling, renting or leasing the use of the Service.
The Account owner shall be the legal entity (e.g., corporation, partnership, inpidual) that signs up for the Services with PARACHUTE. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. PARACHUTE shall not adjudicate ownership-related disputes, or any other internal business disputes. If PARACHUTE is unable to determine the valid owner of the Account, PARACHUTE reserves the right to suspend or terminate the Account and Services.
VOIP EMERGENCY CALLING
FOR USERS OF PARACHUTE, ACCESS TO EMERGENCY SERVICES (911, 000, 999, 112) IS NOT AVAILABLE. BY USING PARACHUTE SERVICES, YOU ACKNOWLEDGE THAT YOU SHOULD MAKE ALTERNATIVE ARRANGEMENTS TO REACH EMERGENCY SERVICES AND THAT YOU WILL INFORM ALL BUSINESS COLLEAGUES, HOUSEHOLD RESIDENTS, GUESTS, AND OTHER PERSONS WHO MAY BE PRESENT AT YOUR PHYSICAL LOCATION THAT 911 IS UNAVAILABLE THROUGH PARACHUTE.
The PARACHUTE Services are not a replacement for traditional wireline services, nor are they a replacement for cellular services. You cannot make emergency calls using the PARACHUTE Service. You cannot send or receive emergency SMS text messages using the PARACHUTE Service. If you attempt to make a 911 call while using the PARACHUTE Service from your desktop or laptop computer, you will receive an error message stating that the call cannot be completed. If you attempt to make a 911 emergency call using the PARACHUTE mobile application on your smartphone, you will receive an error message stating that the call cannot be completed. However, use of the PARACHUTE Service from a cellular phone does not interfere with your ability to place a 911 call from your cellular device as you would typically place such a call via your cellular carrier. It is only if you attempt to place an emergency call using the PARACHUTE Service through the actively running PARACHUTE mobile application that such a call will not complete. You agree to advise any users of the PARACHUTE Service that PARACHUTE does not provide emergency calling functionality or emergency SMS text message functionality.
CUSTOMER OF RECORD FOR PARACHUTE TELEPHONE NUMBERS
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH PARACHUTE OR UNTIL PARACHUTE NO LONGER PROVIDES YOU WITH SERVICE. PARACHUTE IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT PARACHUTE IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, PARACHUTE HAS CERTAIN RIGHTS WITH RESPECT TO THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), PARACHUTE HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM PARACHUTE. YOU UNDERSTAND AND AGREE THAT PARACHUTE IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE PARACHUTE IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE TO ANOTHER SERVICE PROVIDER. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO USD $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY.
You understand and agree that following the termination of your PARACHUTE account for any reason, your PARACHUTE phone number may be re-assigned immediately to another customer. You agree that PARACHUTE will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
You understand and agree that PARACHUTE may in rare situations need to change the PARACHUTE number assigned to you (whether due to an area code split or any other reason whether outside or within PARACHUTE’s control). You agree that PARACHUTE will not be liable for damages (including consequential or special damages) arising out of any such change in the PARACHUTE phone number assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages (actual and consequential), losses and expenses (including attorneys’ fees), and liability caused by your use of the Services and Service Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Services or Service Content.
You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PARACHUTE’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
PARACHUTE does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from PARACHUTE or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.
Enforcement of these Terms of Service will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services or Service Content will lie in the state and federal courts located in New Castle County, Delaware, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Service constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. These Terms of Service completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Website and Services. Except as expressly provided in these Terms of Service, any modification of or changes to these Terms of Service must be in a writing duly authorized by an authorized representative of ours.
Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. PARACHUTE shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond PARACHUTE’s reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and PARACHUTE ("Dispute"), You and PARACHUTE shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of PARACHUTE’s legal department (or other representative of PARACHUTE designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor PARACHUTE shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
Non-disparagement. You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages PARACHUTE or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, PARACHUTE may terminate Your access to the Applications or Services if You breach the requirements of this section. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, PARACHUTE reserves the right to terminate access to its Applications or Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if PARACHUTE determines that a user is a repeat infringer.
If you have any questions, comments, or concerns regarding these Terms of Service or our Service, you may contact us at HELP@PARACHUTETEXT.COM.