These terms and conditions outline the rules and regulations for the use of Smartfollowups's Website, located at www.smartfollowups.com. By accessing this website we assume you accept these terms and conditions. Do not continue to use Smartfollowups if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Philippines. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Smartfollowups and/or its licensors own the intellectual property rights for all material on Smartfollowups. All intellectual property rights are reserved. You may access this from www.smartfollowups.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Smartfollowups
Sell, rent or sub-license material from Smartfollowups
Reproduce, duplicate or copy material from Smartfollowups
Redistribute content from Smartfollowups
We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer additional products and services, and to bill you. We also use this information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property. When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with Smartfollowups, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all Smartfollowups customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to improve and enhance our offerings to you. Smartfollowups may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Smartfollowups a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Smartfollowups; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Smartfollowups. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Smartfollowups's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This Agreement (this “Agreement") by and between Smartfollowups (the "Company") and the user (the "Client")
LICENSE AGREEMENT & TERMS OF SERVICE
Last Updated: November 19, 2023
Thank you for selecting the Software offered by Smartfollowups (referred to as “Smartfollowups” “we,” “our,” or “us”). Smartfollowups is an all-in-one software powered by a proprietary software provider. Please review these license terms “Agreement”) thoroughly.
This Agreement is a legal agreement between you and Smartfollowups. By subscribing you’re considered to be digitally signing this agreement indicating acceptance electronically, accessing or using the Software. If you
do not agree to this Agreement, then do not indicate acceptance of the Agreement and do not use the Software.
This Agreement describes the terms governing your use of the Software including content, updates and new releases (collectively, the “Software”) and gives you certain rights and responsibilities, as more fully
The Agreement includes by reference:
• Any terms provided separately to you for the Software, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use the Software, and all other rights in the Software not granted to you in writing are reserved. As long as you meet any applicable payment obligations and comply with this agreement, Smartfollowups grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the Client Services Agreement, if applicable, or as set forth in this Agreement.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless
authorized by Smartfollowups in writing, you agree you will not:
• Provide access to or give the Software or any part of the Software to any third party;
• Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
• Transfer your license to the Software to any other party ;
• Permit any third party to benefit from the use or functionality of the Software via a rental, lease, time sharing, service bureau, hosting service, or other arrangement; or
• Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement.
If you violate any of these terms, this Agreement and your license to use the Software may be terminated by Smartfollowups in its sole discretion.
3. PAYMENT METHOD, CANCELLATIONS, REFUNDS, and AUTO-RENEWAL
Smartfollowups is a software as a service (“SaaS”) product licensed on a subscription basis and the following terms apply, unless Smartfollowups notifies you.
You agree that your purchase of a subscription is not contingent on the delivery of any future functionality or features, or dependent on any verbal or written public comments made by us regarding future functionality or features.
Payments will be billed to you in U.S. dollars, and your account will be billed when you subscribe and provide payment information according to the payment terms on the website for the Software at the time you
subscribed, unless stated otherwise in your Client Services Agreement, if applicable. Current payment term options: Monthly, Annual (pre-paid).
3.1 Free Trial
You may try Smartfollowups for 7 days and if you cancel on or before day 7 your credit or debit card will not be charged or if there was charges for the subscription, you will be refunded. If you do not cancel your
trial on or before day 7 your credit or debit card will be automatically charged for the full subscription price for the month. Your monthly charges will continue every 30 days unless you cancel as per section 3.2. To cancel your free trial you may email our support team directly at support@Smartfollowups.com.
3.2 Payment Method
Your subscription must be paid with a valid debit or credit card acceptable to Smartfollowups. Currently, invoicing and paying by check is not available for your Smartfollowups subscriptions. Your credit card
information is managed in a secure, encrypted environment (Level 1 PCI compliant, managed using multi encrypted keys and does not have ability to connect to the internet). Smartfollowups will only have access to the last four digits and will be used for billing account verification only.
A minimum 21-day notice before the end of the payment period is required to cancel your Smartfollowups subscription. Cancellation request must be made, in writing by emailing our support team directly at support@Smartfollowups.com by the account holder or authorized representative.
Smartfollowups reserves the right to immediately terminate access to services in the event your payment method is declined, or if there are any settlement failures.
Once you choose a payment period there are no refunds during that chosen payment period. Smartfollowups, does not provide prorated refunds during a payment period. You will be billed through the remainder of the
Payments/fees are based on the services provided and user licenses purchased and not the actual usage. The number of user subscriptions/licenses purchased cannot be decreased during the relevant subscription/license term.
Your subscription does not include any taxes, government assessments of any nature, levies or duties including: sales tax, value-added tax, use or withholding taxes, assessable by any jurisdiction. You are responsible for paying all taxes associated with your purchases. If we have the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
Smartfollowups automatically renews monthly and annual subscription at the current rate, as required for you to maintain access to Smartfollowups, unless your subscription to the service is cancelled or terminated under this Agreement.
If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may immediately suspend or terminate your account, terminate your license and refuse any further use of Smartfollowups.
4. YOUR PRIVACY AND PERSONAL INFORMATION.
You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘Content’) uploaded, posted or stored through your use of the Software. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Software. You agree that you will not use the Software to share, store, or in any way distribute data that is not in accordance with the law. Any users suspected of having information which
involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Smartfollowups is not responsible for the Content or data you provide through your use of the Software.
You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack on others, or criminal or civil
liability under any local, state, federal or foreign law;
(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
(c) Except as otherwise permitted by Smartfollowups in writing, unsolicited commercial communications, such as, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(d) Virus, trojan horse, worm or other disruptive or harmful software or data; and
(e) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
6. MARKETING CAMPAIGNS – EMAILS AND OTHER COMMUNICATIONS
(a) Smartfollowups provides you with the ability to create marketing campaigns. These campaigns allow you to schedule and send out emails and other forms of communication automatically. It is your responsibility to make sure that you set up your marketing campaigns in the proper manner so that emails or other communication are sent only to the intended recipients. Smartfollowups is not responsible for the campaigns that are used, including the campaigns provided as examples. It is your responsibility to evaluate, test and confirm that all campaigns that you use will provide their intended results and that your campaigns contact the correct users and do not send out spam. You are solely responsible for your marketing campaigns and for an increase of clients and business or for any loss of clients or loss of business.
(b) Prohibition on Spam. Smartfollowups may not be used for the sending of unsolicited email messages or other forms of communication including but not limited to text messages and/or voice drops (“spam”). You are responsible for ensuring that your use of Smartfollowups does not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of Smartfollowups if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, you will not be provided with information about those recipients who complain about your use of Smartfollowups or file a spam report against you although you will be provided with a list of those clients who have chosen to opt-out from receiving further communication.
(c) You agree to import, access or otherwise use only contact lists in connection with Smartfollowups for which all listed parties have consented to receive correspondence from you. It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks “Like” on your Facebook® page, or “follows” you on Twitter®. If you request a recipient to confirm that you have the recipient’s permission to send messages to such recipient and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you
shall not send messages to that recipient. You agree not to send messages through Smartfollowups to distribution lists, newsgroups, publicly available press or media addresses, or purchased email addresses.
(d) We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.
(e) Messages. In your use of Smartfollowups you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious.
(f) You agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act (the “CAN-SPAM Act”)) of any message sent by you using Smartfollowups.
(g) You agree that for any email, text or other communication type sent by you using Smartfollowups,
i. the “from” line of any message will accurately and in a non-deceptive manner identify your organization, your product or your service,
ii. the “subject or content” line of any message sent by you using Smartfollowups
will not contain any deceptive or misleading content regarding the overall subject matter of the message, and
iii. for emails you will include your valid physical address, which, if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service.
(h) Opt-out. Every email, text or other type of message sent in connection with Smartfollowups must contain an “opt-out” link that allows subscribers to remove themselves from your contact list. You agree that you will not remove, disable or attempt to remove or disable the link. You shall monitor and process opt-out requests received by you directly and update the email addresses, text messages, etc. to which messages are sent through your Smartfollowups account. You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the CANSPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Smartfollowups account and this Agreement.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 Communications choices. Smartfollowups may be required by law to send you communications about the Software or Third Party Products. You agree that Smartfollowups may send these communications to you via email or by posting them on our website. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our website. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
7.2 You will maintain control of your account and any passwords, and accept service updates. You are responsible for securely managing your password(s) for access to the Software. If you become aware of any unauthorized access to your Software account, theft or loss of your password, you agree to contact Smartfollowups as soon as possible. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Software.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SOFTWARE AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTFOLLOWUPS,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, ‘SUPPLIERS’) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE,
TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. SMARTFOLLOWUPS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, SMARTFOLLOWUPS DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 SMARTFOLLOWUPS AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SMARTFOLLOWUPS, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING FIRST MONTH (7 DAYS) PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SMARTFOLLOWUPS AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:
(A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
(B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SMARTFOLLOWUPS SYSTEMS REQUIREMENTS.
THE ABOVE LIMITATIONS APPLY EVEN IF SMARTFOLLOWUPS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SMARTFOLLOWUPS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
9.2 YOU AGREE TO INDEMNIFY AND HOLD SMARTFOLLOWUPS AND ITS AFFILIATES AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF YOUR USE OF THE SOFTWARE OR BREACH OF THIS AGREEMENT (COLLECTIVELY REFERRED TO AS “CLAIMS”). SMARTFOLLOWUPS RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY SMARTFOLLOWUPS IN THE DEFENSE OF ANY CLAIMS.
10. CHANGES TO THIS AGREEMENT OR THE SOFTWARE.
We reserve the right to change this Agreement from time to time upon reasonable notice to you, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part, including but not limited to, any feature or aspect of the Software, Internet-based services, pricing, technical support options, and other product related policies. Your continued use of the Software after Smartfollowups posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Smartfollowups may immediately and without notice terminate this Agreement or suspend or terminate the license to the Software if you fail to comply with these terms or if you no longer agree to receive electronic
communications (see Section 7.1). Upon any termination you must immediately stop using the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect SMARTFOLLOWUPS’s rights to any payments due to it. Other requirements regarding termination or cancellation of your license to the Software may apply based on your Client Services Agreement, if any. Sections 1, 5, and 7 through 14 will survive and remain in effect even if the Agreement is terminated, canceled or rescinded.
12. GOVERNING LAW.
The law of the State of Florida governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Virginia law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND SMARTFOLLOWUPS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
This Section 13 shall survive expiration, termination, or recession of this Agreement.
This Agreement is the entire agreement between you and Smartfollowups and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement. However, Smartfollowups may assign or transfer it without your consent to:
(a) an affiliate,
(b) another company through a sale of assets by SMARTFOLLOWUPS, or(c) a successor by merger.
Any assignment in violation of this Section shall be void.
Davao City, 8000
Davao Del Sur, Philippines
PH: +63 976-021-7903
444 Alaska Avenue
Torrance, California 90503
Phone: +1 866-540-3535
"Developed to manage your company's entire business system. Build your brand and automate your online sales with personalized email and text campaigns! All these under one platform."
Davao City, 8000
Davao Del Sur, Philippines
PH: +63 976-021-7903
444 Alaska Avenue
Torrance, California 90503
US Phone: +1 346-241-9003
Made with ♥ In Philippines