top of page

Terms and Conditions

CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ACCEPTING THEM AND USING ANY SERVICES ON THIS WEBSITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND DISPUTE RESOLUTION PROCEDURES. BY USING OUR SERVICES, YOU ARE ACCEPTING AND AGREEING TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION PROVISIONS SET OUT IN SECTION 4.10. THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. ANY CHANGE TO THESE TERMS AND CONDITIONS SHALL BE EFFECTIVE IMMEDIATELY. YOU ARE RESPONSIBLE FOR FOLLOWING ANY CHANGES TO THE TERMS AND CONDITIONS. CONTINUE TO REVIEW THE ENTIRE DOCUMENT EACH TIME YOU ACCESS OUR WEBSITE AND USE OUR SERVICES. IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, EXIT THE WEBSITE AND DISCONTINUE USE OF THE WEBSITE AND OUR SERVICES. ANY REQUEST TO AMEND OR CHANGE OUR TERMS AND CONDITIONS IS EXPRESSLY REJECTED. BY ELECTRONICALLY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS. IF YOU ARE A RESELLER OR A USER OF CAMPAIGN CLUBHOUSE'S WHITE LABEL SERVICE, YOU ARE ALSO AGREEING TO INCORPORATE THESE TERMS AND CONDITIONS INTO YOUR OWN POLICIES, PRODUCTS AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS AND/OR USERS ADHERE TO THESE TERMS AND CONDITIONS.

​

Part I
 

  1. DEFINITIONS

    1. "You" and "Your" means a user, client, subscriber, customer, end user, or reseller, who accesses and uses the Company’s Services.

    2. "Company" means Campaign Clubhouse. which is also sometimes referred to as, "I", "we", "us", or "our".

    3. "Services" means any of the services offered or provided by the Company from time to time including by way of example only, Direct Mail, Digital Advertisements, Social Media Advertisements, Printed Materials, Voice Broadcasts, Short Message Service (SMS/Text Messaging), Automatic Telephone Dialing System (ATDS), Automatic Dialing-Announcing Device (ADAD), and Live Transfers.

    4. "Account" means your registered account with us, through which you obtain access to our Services, and includes all information and data which you input into your Account, including without limitation, the designation of authorized users, passwords, and financial and billing information.

    5. "Transmission" means (i) the act or process of sending or transmitting audio, visual, text or other forms of content and materials by means of printed or electronic communication by means of our Services, or (ii) such content and material itself, as the context requires.

    6. "Affiliate" means each affiliate, subsidiary, officer, director, shareholder, agent, employee, supplier, or reseller of the Company.
       

  2. LEGAL CAPACITY – You represent and warrant that (i) you have the legal right, capacity and authority to agree to these Terms and Conditions as an individual or on behalf of a corporation or other entity, (ii) you have attained the age of majority in the jurisdiction in which you reside and that you are in any event at least 18 years of age, and (iii) if you are utilizing the Services on behalf of a corporation or other entity, all references to “you” or “your” in these Terms and Conditions shall include such corporation or organization, jointly and severally with you personally.
     

  3. USE OF YOUR ACCOUNT

    1. You will immediately update your Account to reflect any changes to your contact information.

    2. You are solely responsible for your Account, its content, maintenance, confidentiality and security, including all passwords related to your Account and for any and all activities on your Account, with or without your permission. You will immediately notify us of any unauthorized use, unlawful use, violation of these Terms and Conditions, and/or breach of security on your Account and, if we request, to assist us with stopping and remedying any such breaches or violations.

    3. USE OF SERVICES - You will only use the Services for lawful purposes. You will not authorize or otherwise permit any of the following to occur through your Account:

      1. any criminal or illegal activity;

      2. the spoofing or impersonation of another person, corporation, organization or entity and/or the misrepresentation of the true originator of any advertisement, message, call, or Transmission;

      3. engaging in spamming and/or nuisance activities that violate anti-spamming laws and regulations;

      4. the intentional promotion of goods and services to persons under the age of 18;

      5. the promotion and/or Transmission of any message or content related to an illegal or improper financial scheme, such as a Ponzi or Pyramid scheme, or gambling.

      6. the Transmission of any form of communication that is defamatory, hateful, discriminatory, unlawful, or an infringement of any person’s or group’s rights, or the Transmission of any indecent, obscene, offensive, violent, threatening, pornographic, or sexually explicit content, images or materials;

      7. offering the sale or distribution of illegal and/or controlled substances, drugs, alcohol, animals or animal products, and/or other contraband materials;

      8. offering any emergency services or other public safety service through 911 or any other similar system;

      9. sending any messages to recipients who will incur charges;

      10. the transmitting or sending of any malware, viruses, bots, spyware, Trojan Horses, worms, or any other form of harmful, disruptive or surreptitious program or code;

      11. any activity that adversely effects the operation, stability or reliability of our Services or any activity that may subject us to third party liability or a third party claim;

    4. We reserve the right to audit your Account and your use of our Services. Without prior notice or limiting any of our rights, we may suspend, freeze, seize, restrict, and/or terminate your Account at any time, in our sole discretion, if we determine or believe that you have violated any of these Terms and Conditions and/or any Federal, State, local or international law, code, regulation, or rule. Any failure on our part to take action in the event of a violation of any law, regulation, code or rule shall not be construed as a waiver of any right that we have to enforce these Terms and Conditions.

    5. We may disclose information, data and other information pertaining to your Account and/or use of the Services to the extent such disclosure is reasonable as relates to our complying with any applicable law, regulation, subpoena or court order.

    6. You will scrub all numbers uploaded to our Services against all applicable federal and state do-not-call lists, and your own internal do-not-call lists, and fully comply with all federal and state do-not-call laws and regulations. You are solely responsible and liable for any violations of federal and state do-not-call laws and regulations.

    7. Where required by applicable law or regulation, you will obtain the prior written consent from each recipient to contact such recipient.

    8. You understand that all automated bulk SMS must only be used for permission based messaging in conjunction with any Federal, State or local law, code, regulation or rule.
       

  4. DISCLAIMERS, LIMITS OF LIABILITY, INDEMNITIES

    1. Your use of our Services is AT YOUR OWN RISK. Our website may provide links to external sources and other websites. We do not endorse these websites or warrant the accuracy or reliability of their content.

    2. We offer access to our website and offer our Services on an “as is” and “as available” basis. We make no representations or warranties of any kind about the suitability, reliability, usability, security, quality, capacity, performance, availability, timelines, or accuracy of the website or the Services. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, except to the extent prohibited by law, including implied conditions or warranties of merchantability, fitness for any particular purpose, title and non-infringement, and any warranties arising out of any course of dealing or usage of trade.

    3. We do not warrant that our Services will function as described or will be timely, uninterrupted, error-free, or free of harmful components, or that any stored data will be secure or safe from loss, theft or damage. While we shall not be responsible for any disruption of any Services, we will make reasonable commercial efforts to rectify any interruption in a timely manner.

    4. No communication or information provided to you by us or any of our officers, directors, employees, legal counsel, agents, affiliates, licensors, licensees, or by any other third parties, prior to or subsequent to your accepting these Terms and Conditions shall be construed or relied upon by you as a warranty, an inducement to contract, or as legal advice, nor shall it create a warranty to you or to any of your customers, clients, subscribers or users of any of your goods or services.

    5. We are under no obligation to store or save any of your data for a period of longer than 60 days following the initial entry of such data on our website. We regularly delete data from customer accounts after 60 days of initial entry. It is your responsibility to backup or otherwise protect data on your Account as you see fit, in order to prevent its loss or damage.

    6. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, OR EARNINGS, IN EACH CASE WHICH IN ANY MANNER WHATSOEVER ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO THE USE, OR NON-USE OF THE SERVICES OR IN RELATION TO THESE TERMS AND CONDITIONS, REGARDLESS OF THE CAUSE OF ACTION OR THEORY ON WHICH A CLAIM IS BASED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF OUR WEBSITE, THE SERVICES OR A RELATED COMPONENT; ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS IN OR RELATED TO THE WEBSITE, THE SERVICES OR A RELATED COMPONENT, WITHOUT RESTRICTING THE FOREGOING. IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US OR ANY OF OUR AFFILIATES, THE AGGREGATE LIABILITY FOR ANY SUCH DAMAGES IS LIMITED TO THE LESSER OF (I) AMOUNT PAID TO US BY YOU DURING THE SIX (6) MONTH PERIOD PRECEDING THE CIRCUMSTANCES THROUGH WHICH THE LIABILITY AROSE AND (II) ONE THOUSAND DOLLARS. SOME JURISDICTIONS MAY PROHIBIT THE DISCLAIMER OF LIABILITY OR CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

    7. You and your employees, agents, clients, customers, and/or related entities are solely responsible and liable for any fines, penalties and/or all other damages, claims and sanctions resulting from your contravention of any local, state and/or federal laws, codes, rules or regulations.

    8. You will defend, indemnify and hold harmless the Company and each of our Affiliates from and against any and all damages, losses, liabilities, judgments, fines, settlements, and expenses (including all reasonable legal expenses, such as but not limited to attorney’s fees, expert fees, investigation expenses, discovery costs, taxes, and disbursements) in connection with any claim, action or preceding commenced against the Company or any Affiliate or to which the Company or any Affiliate is made a party, whether by one or more individual plaintiffs or in connection with a class action (each an “Action”), arising from or in any manner related to your alleged or actual (a) use or misuse of the Services; (b) violation of these Terms and Conditions; (c) violation of any local, state and/or federal law, regulation, rule, and/or code; (d) misrepresentation, breach of representation or warranty made by you; (e) unlawful use of, unauthorized use of, or access to the Services by you or by any third party using your Account; and (f) any other reasons including, but not limited to acts of God, destruction, theft, defects, viruses, communication failures, failure of performance, impairment, or loss of data, suspension or termination of service, and unauthorized access to our system, records, data or settings. We reserve the right to participate in the defense of any Action through our own counsel and reserve the right to approve or reject any proposed settlement of any Action unless such settlement provides for a full and unconditional release of the Company and its Affiliates at no cost to us.

    9. We have the right to seek and recover all damages (of whatever type or nature) caused by you through any use of our Services in an unlawful manner, in a manner that violates these Terms and Conditions, or in a manner inconsistent with any applicable federal and/or state or local law, regulation, code or rule. Such damages may include, without limitation, direct, indirect, special incidental, cover, reliance, and consequential damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

    10. Mandatory Arbitration – All disputes arising under or related to these Terms and Conditions and/or your use of any Services shall be resolved exclusively through mandatory arbitration rather than by court proceedings. Such arbitration shall be held in Oklahoma County, Oklahoma, before a single arbitrator who shall be an attorney admitted to practice law in the State of Oklahoma. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained in this section 4.10 shall prevent us from obtaining an injunction against any act, omission or anticipated act or omission on your part.

    11. You have reviewed all sections of these Terms and Conditions, particularly including the provisions set out with respect to the limitation of liability, indemnification and mandatory arbitration. You have had the opportunity to seek and obtain such independent legal advice as you may desire to fully understand these Terms and Conditions and are accepting these Terms and Conditions willingly and on a fully informed basis.

    12. Nothing in this agreement shall entitle you to use any of the names “Campaign Clubhouse”, or any of our trademarks or trade names (our “Names”) without our advance prior written permission, and you acquire no rights whatsoever with respect to any of our Names.
       

  5. GENERAL TERMS

    1. Severability – Should any provision of these Terms and Conditions be determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof, and the remaining part of such provision and all other provisions will continue in full force and effect.

    2. Waiver of Rights and Remedies – Any failure on the part of the Company to enforce any provision of these Terms and Conditions or exercise any rights in respect thereof will not be construed as a waiver of any provision or right.

    3. Compliance – You will bear sole control and responsibility over compliance with all such laws associated with and/or applicable to your use of the Services and you assume sole liability for any and all noncompliance.

    4. Relationship – No joint venture, partnership, fiduciary, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or as a result of your use of the Services. You have no authority to bind Service Provider in any respect whatsoever.

    5. Assignment – We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions or any right to access our website or use our Services without our prior written consent. These Terms and Conditions will inure to the benefit of and bind you and us, and our respective legal representatives, successors and permitted assigns.

    6. Termination – Either you or we may terminate this agreement with 30 days’ notice by sending an email in accordance with the Notice provision below. Your lack of activity on your Account will not automatically terminate your Account, however, should your Account remain inactive for a period longer than 30 days, we reserve the right to delete any data.

    7. Notices – All notices under these terms and conditions shall be issued as follows:
       

IF TO CAMPAIGN CLUBHOUSE: legal@campaignclubhouse.com

IF TO YOU: To the email address associated with your User ID.
 

  1. Force Majeure – We will not be responsible for, or have any liability for any temporary suspension, unavailability, interruption, disruption or failure of our Services due to acts of nature, acts of government, war, riots, strikes, and/or failures in the supply of electricity or internet connection, or any other circumstance not within our control.

  2. Governing Law/Jurisdiction – This Agreement shall be governed by the laws of the State of Oklahoma, without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the enforcement of an arbitration award or to seek injunctive relief related to this agreement shall be brought in the state or federal court located in Oklahoma County, Oklahoma.

  3. Survival – All sections which by their nature are intended to survive the termination of this agreement shall so survive, including without limitation, Sections 4.6, 4.8 and 5.1.

  4. Headings – The use of headings is for convenience only and such headings shall not be used to construe or interpret any content or provision of these Terms and Conditions.

  5. Limitation Period – Any cause of action you may have relating to a dispute respecting our website, any Services or these Terms and Conditions must be commenced within one year after the cause of action accrues or you shall be deemed to have waived any such cause of action and be barred from commencing any action or proceeding based on such cause of action.

  6. Entire Agreement – These Terms and Conditions, as amended from time to time, including any and all documents, rules, terms, and policies referenced herein constitute the entire agreement between you and us , with respect to the matters referred to in these Terms and Conditions, and as such supersedes all prior and contemporaneous understandings, whether electronic, verbal, or written between you and us with respect to such matters.

    ACKNOWLEDGMENT - YOU HAVE READ THE ENTIRE AGREEMENT AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS. YOU AGREE AND ACCEPT ALL OF THE TERMS AND CONDITIONS WITHOUT RESERVATION OR EXCEPTION AND AGREE TO FULLY COMPLY WITH ALL OF THE PROVISIONS IN THIS AGREEMENT. YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS OF YOUR OWN FREE WILL AND WITHOUT ANY DURESS OR UNDUE PRESSURE OR INFLUENCE. YOU HAVE HAD THE OPPORTUNITY TO SEEK AND OBTAIN INDEPENDENT LEGAL ADVICE AND HAVE RECEIVED SUCH ADVICE AS YOU REQUIRE TO ENSURE THAT YOU FULLY UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS WITHOUT RESERVATION OR YOU HEREBY EXPRESSLY WAIVE ANY SUCH INDEPENDENT LEGAL ADVICE AND THE PROTECTIONS IT MIGHT PROVIDE TO YOU.

bottom of page