PayShrink discounts by SMS and Web site Terms

PayShrink provides an opt-in-based, content management and text message advertising service (“the Service”). Customers opt-in to the service by sending a text message with customer-specific information to a short code provided by DOTGO (www.dotgo.com).

An automatic confirmation message is sent to new clients when they opt into the Service. This message will includes instructions for opting out.

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the PayShrink text messaging service, by both Customer Users and Merchant Users. Users of the site are bound by the following terms of service, which may be changed anytime at the sole discretion of PayShrink. The latest version and date will be posted on this site. Continued usage of the service implies acceptance of the Terms of Service.

PayShrink.com ("the Site") is a free discount-by-SMS delivery service that sends text messages when requested by an opted-in user of the service ("the Customer User"), who sends the request to a short code provided by DOTGO. The service, which includes a content management interface for listing details, is provided for a fee to participating merchants ("Merchant Users"). If you are not a business owner using the site to list discounts, you are not a Merchant User.

PayShrink.com uses the latest and greatest security techniques, but cannot completely guarantee absolute protection of this information given the open nature of the world wide web.

Your Privacy is important to us, as we take every precaution possible to protect the users of the site.

PayShrink reserves the right to change any or all of this privacy policy. Any changes made will be posted under the Terms and Conditions section of the site. All users of the site agree to this privacy policy. All users of the site are also bound by the terms of service (below). These terms of service (TOS) are a binding contract between the user and the site.

ARTICLE 1: USER ELIGIBILITY 1.01 You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. You agree to provide PayShrink with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. Merchant Users: You also agree that you are an authorized user of any credit card or check that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent online check or credit card use.

1.02 PayShrink will not release any personal contact information to advertisers or other third parties without your prior approval.

1.03 You will receive a password and account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PayShrink of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PayShrink will never ask for your password, or give it out. PayShrink cannot and will not be liable for any loss or damage arising from your failure to comply with this Article 1.03.

1.04 You agree to not use the service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

1.05 You acknowledge that PayShrink may or may not pre-screen Content, that PayShrink and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, PayShrink and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

1.06 Please note that to process your requests for this Service, message recipients may incur a fee, depending on the arrangement the recipient has with his/her mobile phone providers. A message recipient's cell phone must be capable of receiving text messages.

ARTICLE 2: CONTENTS OF MESSAGES 2.01 Merchant users: You are responsible for the contents of your text messages and the consequences thereof, through the Web interface provided at PayShrink.com. You further agree not to use PayShrink to send any text messages that are not based in customer opt-in or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, or that may give rise to civil liability or otherwise objectionable material of any kind or nature or 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, regulation or court order. PayShrink reserves the right to terminate your account without prior notice if PayShrink becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

2.02 PayShrink.com gathers only information that is necessary for completion of the text messaging service. Information is used soley for transmitting text messages, and will not be sold or shared with any 3rd parties. In addtion, PayShrink.com may gather broad statistical information such as (but not limited to) number of Web site visits, page views, ad clicks, and number of messages sent. This information is used to help us better understand how users use our site, as well as to help us choose which sponsor ads to display on the site. It will also be provided to merchants to help them decide how to improve their listing's performance.

2.03 Cell phone numbers are in no way related to any site statistics, or usage, and are soley used for sending solicted text-messages. PayShrink.com will NOT send unsolicited text messages or phone calls to any acquired cell phone numbers. At no time will cell phone numbers be sold, traded, exchanged, or given to any other 3rd party.

2.04 The content of text messages do not reflect the views of PayShrink.com. PayShrink will NOT read, scan, monitor, alter, or filter any text messages, and all message content is the sole responsibility of the sender, even if it is offensive or objectionable.

2.05 PayShrink.com assumes no liability or responsibility for the content of messages, or any decisions, actions or events that may occur as a result of using this service.

2.06 Additionally, while we currently do not do so, PayShrink.com reserves the right, at its sole discretion, to add promotional messages and/or notices about the Service, the Site or related matters in all or some of the messages transmitted.

2.07 PayShrink.com may (at its discretion) establish general limits concerning number or (or frequency of) messages sent.

2.08 PayShrink reserves the right to publicly display, or hand over to law enforcement, the information of those found to be in violation of these TOS.

2.09 The service is not intended for time critical, lifesaving, investing, or other "important" messages and PayShrink shall not be responsible or liable for any decisions, actions, or events based on text messages, or the failure of delivery of any text messages.

2.10 Certain features (subscriptions, and others) require the use of outside 3rd party services. All commands and other messages will be sent using dotgo.com. Users using this feature of the service agree to be bound by the terms and privacy policy of such 3rd party services.

ARTICLE 3: UNLAWFUL OR PROHIBITED USE 3.01 As a condition of your use of the PayShrink service you warrant to PayShrink that you will not use the PayShrink service for any unlawful purpose.

ARTICLE 4: PRICING 4.01 Service fees are displayed at http://www.payshrink.com/order.php. All fees are payable in advance. All fees are subject to change without a warning.

ARTICLE 5: TERM 5.01 The initial term of this Agreement is three months. After the initial term this Agreement will automatically renew in terms of three months unless cancelled 30 days prior the end of the ongoing term.

ARTICLE 6: TERMS OF PAYMENT FOR MERCHANT USERS 6.01 You agree to pay PayShrink the appropriate payment for the services received from PayShrink in advance for the time period during which such services are provided. You agree to provide PayShrink with current billing and contact information and authorize PayShrink to bill all account and related charges to the credit card or online checking information on file.

6.02 You further agree that until and unless you notify PayShrink in writing only, with delivery confirmation, of your desire to cancel any or all services received, and you complete the cancellation process, those services will be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, that PayShrink may apply the amount due to the provided card at any time.

6.03 Pay by Credit Card. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit your card on or around the 7th, 14th, 25th and last day of the month. A credit card resubmission fee of $10.00 will be charged against the account for every time we attempt resubmission. Should the card be denied a second time, we may terminate the account, and the resubmission fees will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements.

6.04 Pay by Check. If paying by check and payment is late, an administrative fee of $10.00 per instance will be applied on the 7th, 14th, 25th and the last day of the month after the payment falls due. There is a $50.00 fee for a dishonored check. If after the first month, should payment continue to be late, PayShrink may choose to terminate the account at any time and has the right to collect all accumulated fees. PayShrink reserves the right to change prices at any time. It is the responsibility of the customer to maintain accurate billing information with PayShrink. This may include updated credit card information, email address and mailing address.

6.05 Pay by Paypal. Merchant users may purchase the service through Paypal.com, and agree to abide by the Terms and Services of that system. Transactions are considered paid when PayShrink has received payment from Paypal. You agree to pay any fees or costs associated with the use of Paypal's services.

ARTICLE 7: ZERO TOLERANCE SPAM POLICY 7.01 PayShrink takes a zero tolerance stance against sending of unsolicited text messages, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and will be billed at a rate of $100.00 for each recipient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising our service. All commercial text messages must comply with all applicable federal, state or local laws. PayShrink reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. PayShrink also reserves the right to make any such modifications in an emergency at our sole discretion.

7.02 PayShrink will not be liable for any damages incurred related to spam.

7.03 In the event of litigation, it is the responsibility of each party to bear its own attorneys’ fees and costs throughout the entire process of any proceeding in accordance with Article 17.

ARTICLE 8: MONITORING OF SERVICE 8.01 You agree that PayShrink has the right to monitor the service electronically at any time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. PayShrink reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. PayShrink also reserves the right to refuse refunds in cases where PayShrink believes abuse has taken place. PayShrink reserves the right to monitor any and all communications through or with our facilities. You agree that PayShrink is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded in the event that such service is monitored and/or disclosed.

ARTICLE 10: REFUND POLICY 10.01 If you are not satisfied with our service, you can email us and receive a full refund for your service plan within 20 days after you purchased the account.

ARTICLE 11: TERMINATION 11.01 PayShrink may terminate this agreement and your access to any or all PayShrink-related services at any time, with or without cause, with a 30-day notice. PayShrink shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by PayShrink to have violated these Terms of Service may be barred from receiving any services from PayShrink without refund, as agreed in Article 10. Any outstanding amount due on the account will still be payable as scheduled.

11.02 You may terminate this Agreement by e-mailing the support department at PayShrink, who will then provide you with a form that must be completed and returned before your account can be cancelled.

11.03 If you should choose to terminate your account before the end of the commitment period, you accept that you will be required to pay the plan setup fee and the value of the services until the end of the ongoing term in accordance with the equivalent rates.

ARTICLE 12: RELATIONSHIP OF THE PARTIES 12.01 Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

ARTICLE 13: DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY 13.01 THE PAYSHRINK SERVICE PROVIDED IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PAYSHRINK EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE PAYSHRINK SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PAYSHRINK, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

13.02 UNDER NO CIRCUMSTANCES WILL PAYSHRINK, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PAYSHRINK SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE PAYSHRINK SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PAYSHRINK RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT PAYSHRINK IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM PAYSHRINK AND ITS AFFILIATES.

13.03 UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE, TO ANY PARTY IN PRIVY TO THIS AGREEMENT, OR ANY THIRD PARTY NOT SO SITUATED.

13.04 THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

ARTICLE 14: COPYRIGHT AND TRADEMARKS 14.01 All contents of the PayShrink are proprietary to PayShrink, and/or its suppliers and are protected under Copyright. All rights are reserved. PayShrink reserves any rights not expressly granted herein. The Customer acknowledges that he/she/it does not presently know the special skills, techniques or business policies, nor does the Customer have business forms or access to the Company’s body of knowledge, and as such, such information is deemed confidential and a trade secret, as such term is defined within the meaning of California statutes, entitling Company to all protections available under both California and Federal law.

ARTICLE 15: FORCE MAJEURE 15.01 If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of PayShrink, PayShrink is unable to perform in whole or in part its obligations as set forth in this Agreement, then PayShrink shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make PayShrink liable to the Customer or other third parties.

ARTICLE 16: GOVERNING LAW 16.01 California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both), or seeks a declaration of any rights or obligations under this Agreement, each party shall be responsible for their respective attorneys’ fees and costs, as stated in Article 17. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California or to any Federal Court located within the State of California.

16.02 PayShrink.com reserves the right to dislcose any information to courts or law enforcement agencies if presented with a subpoena (or at PayShrink.com's sole discretion when such disclosure is necessary to bring legal action against any persons or parties found to be in violation of the TOS, using the site to cause harm to others, or violating the legal rights of PayShrink.com or others).

ARTICLE 17: ATTORNEYS’ FEES AND COSTS 17.01 Any legal controversy or legal claim arising out of or relating to this Agreement or our services, which results in litigation, shall result in each party being solely responsible for its respective attorneys’ fees and costs throughout the entire process of any and all proceedings.

ARTICLE 18: SEVERABILITY AND SURVIVABILITY 18.01 Severability. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

18.02 Survivability. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

ARTICLE 19: INDEMNIFICATION 19.01 You agree to defend, indemnify and hold harmless PayShrink against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to attorneys’ fees and costs) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copy right trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with PayShrink.

ARTICLE 20: REMEDY 20.01 Customer agrees that his/her/its sole and exclusive remedy to any issues relating to the PayShrink is to discontinue using the Service.

ARTICLE 21: ASSIGNMENT 21.01 In the event of a merger or consolidation of PayShrink, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ARTICLE 22: ENTIRE AGREEMENT 22.01 This Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

ARTICLE 23: WAIVER 23.01 The failure of PayShrink to enforce a provision of this Agreement shall not be construed as a waiver or limitation of PayShrink’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

ARTICLE 24: MODIFICATION OF TERMS 24.01 PayShrink reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the PayShrink.com Web site. You are responsible for regularly reviewing these documents. Continued use of the PayShrink Services after any such changes shall constitute your consent to such changes. PayShrink does not and will not assume any obligation to notify you of any changes to the Terms of Service.

---

Add this page to your favorite Social Bookmarking websites