By using this service you agree to these terms and conditions.

1. Acceptance. – This does not constitute an offer by the Seller and shall be valid only upon written acceptance by an authorized officer of Seller. Upon rejection of this Purchase Agreement by Seller, all payments shall be returned to the Purchaser.

2. Taxes. – Prices on the Product are exclusive of all taxes, including taxes on sales, receipts, occupation, use, import, export, or similar taxes. Wherever applicable, any such tax or taxes will be added to the quoted price as a separate and additional charge to be paid by the Purchaser, or, in Seller's discretion, such tax or taxes will not be added to the quoted price in which event such tax or taxes shall be timely paid by Purchaser to the appropriate taxing authority or authorities.

3. Terms Of Payment. – The Total Price, including taxes where applicable, shall be payable monthly in arrears, within 10 days from receipt of invoice by Purchaser. Any payments not made when due shall bear interest at the rate of 1.5% per month until paid.

4. Delays / Claims. – Seller will not be liable for any delay in the performance of Services. Claims for failure to provide Services hereunder, or for any other cause except as herein specifically provided, shall be deemed waived and released by Purchaser, unless made in writing within thirty (30) days after the date for rendition of such Services.

5. Default. – In addition to other rights and remedies stated herein or arising by law, in the event of default by Purchaser hereunder, Seller shall be entitled to collect from Purchaser the total Fee based upon maximum text messaging usage, as set forth herein, interest thereon, reasonable attorney's fees and costs of collection; additionally, Seller may immediately terminate all Services.

6. Confidentiality. – The Company requires certain information from the Purchaser to provide the Services, such as cell telephone numbers and billing addresses (the “Confidential Information”). The Company agrees to exercise all reasonable commercial diligence to hold in the strictest confidence all such Confidential Information and shall not disclose the same to others, except in the performance and rendition of the Services. Upon the termination of this Agreement, all copies of such Confidential Information shall be promptly returned to the Purchaser. In the event of a breach or threatened breach by the Company of this Paragraph, the County shall be entitled to an injunction restraining the Company from disclosing, in whole or in part, such Confidential Information as its sole remedy.

7. Covenants of the Purchaser:

7.1 – The Purchaser agrees that the Services will not be used, nor shall the Purchaser permit the Services to be used, to upload, post, e-mail, transmit or otherwise make available any content (the “Content”) that is unlawful; tortious; in breach of any existing contracts with the Company or any third parties; in violation of the rights of any parties; which interferes with, disrupts or limit the functionality of any computer software, hardware or telecommunications equipment; or which violates any requirements, procedures, policies or regulations of any networks connected to the Services.

7.2 – The Purchaser agrees that, while the Company has no obligation to screen the Content, the Company shall have the right (but not the obligation), in its reasonable discretion, to pre-screen, refuse, or move any Content that is available through the Services in violation of the foregoing provisions, all risks of such Content to be the sole obligation of the Purchaser.

7.3 – The Purchaser agrees to indemnify and hold the Company harmless from any claim or demand, including attorney’s fees, costs and expenses, arising out of relating to the Content.

7.4 – The Purchaser acknowledges that the Services and all software used in connection with the Services, contain and constitute the proprietary and confidential information of the Company and agrees that the Purchaser will not reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of, use or access to such information or the Services, except as expressly provided in this Agreement. The Company does hereby grant to the Purchaser the revocable license to use the logo, trademarks and service marks of the Company on advertising brochures, and other materials relating to the Services.

8. Indemnity. – Purchaser hereby agrees to indemnify and hold harmless Seller, its affiliates, officers, directors, attorneys and employees from any and all claims, expenses, losses, liabilities, and damages, including reasonable attorney's fees, arising out of or relating to the content of any text messaging submitted, posted, transmitted or made available through the Services, Purchaser's use of the Services, or any violation of federal, state or local laws as a result thereof.

9. Limitation of Liability. – Use of the Services is at the sole risk of the Purchaser, the Services being provided on an "as is" and "as available" basis, the Seller disclaiming all warranties of any kind, expressly or implied. Seller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses resulting from use or the inability to use the Services or any other matters relating to the Services.

10. Applicable Law. – This Purchase Agreement shall be deemed a contract made under the laws of the State of Georgia, and for all purposes shall be interpreted in its entirety in accordance with the laws of said State. Purchaser hereby acknowledges that it transacts business in the State of Georgia sufficient to provide the State of Georgia with personal jurisdiction over the Purchaser, and the Purchaser hereby irrevocably submits itself to the jurisdiction and venue of the courts of the State of Georgia for purposes of resolving any dispute arising out of or relating to this Agreement. Purchaser further agrees that any claim that it may have against Seller arising out of or relating to this Agreement shall be pursued only in the courts of the State of Georgia.

11. Miscellaneous.
(a) This Purchase Order constitutes the entire agreement of the parties hereto and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect.
(b) This Purchase Agreement shall be binding upon the Purchaser and shall inure to the benefit of the Seller, its successors, transfers, and assigns. Notwithstanding the foregoing, Purchaser may not assign any of its rights or obligations hereunder without the express written consent of Seller, which consent may be withheld by Seller in its sole discretion.
(c) Time is of the essence in this Agreement.
(d) Invalidity of one or more of the terms and conditions of this Agreement shall not render invalid any of the remainder of the terms and conditions of use of this website.

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