Terms and Conditions
Updated November 21, 2024
1. The Terms and Conditions and Terms of Use constitute a legally binding agreement and are enforceable in a court of law.
1.1 Acceptance of Terms
By using the Delta Wholesaling SMS platform, you agree to comply with and be bound by these Terms of Use. If you do not agree with these terms, you must discontinue using the service immediately. Delta Wholesaling SMS reserves the right to update these Terms of Use at any time, and it is the user's responsibility to review these terms regularly.
1.2 User Responsibility and Compliance
The user is solely responsible for ensuring that their use of the Delta Wholesaling SMS platform complies with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any other relevant marketing regulations.
Delta Wholesaling SMS acts solely as a tool provider and does not monitor, control, or assume responsibility for the content or practices of its users. Users must seek their own legal counsel to ensure compliance.
1.3 No Warranties and Disclaimers
Delta Wholesaling SMS makes no warranties, express or implied, regarding the legality of users' marketing activities or the compliance of their practices with federal, state, or local laws.
The software is provided "as-is," without warranty of any kind. Delta Wholesaling SMS expressly disclaims any liability for the outcomes or consequences of using the software.
1.4 Limitation of Liability
Under no circumstances shall Delta Wholesaling SMS, Delta Group Enterprises LLC, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the user's use of the software.
The user agrees to indemnify and hold harmless Delta Wholesaling SMS and Delta Group Enterprises LLC against any claims, damages, or expenses (including legal fees) arising out of their use of the platform, including violations of the TCPA or other marketing regulations.
In no event shall Delta Wholesaling SMS be liable for any legal claims resulting from the user's marketing activities, even if advised of the possibility of such damages.
1.5 Advising on Compliance
Delta Wholesaling SMS strongly advises users to familiarize themselves with TCPA guidelines, including obtaining prior express written consent from recipients before sending marketing SMS messages.
Users are encouraged to implement their own compliance procedures, such as opt-in/opt-out mechanisms and record-keeping, to mitigate risk and adhere to legal requirements.
1.6 Educational Notice on TCPA Compliance
Delta Wholesaling SMS is committed to promoting responsible and compliant marketing practices. Users of our platform are advised to be aware of and comply with the Telephone Consumer Protection Act (TCPA), which regulates the use of automated dialing systems, prerecorded voice messages, and SMS/text messaging for marketing purposes.
Key TCPA Compliance Guidelines:
Consent: Obtain prior express written consent from recipients before sending any marketing messages. Consent must be clear, specific, and documented.
Opt-Out Mechanism: Include a clear opt-out mechanism in all messages, allowing recipients to easily unsubscribe from future communications.
Message Content: Ensure that messages are truthful and not misleading. Avoid sending unsolicited or unwanted messages.
Record Keeping: Maintain records of consent and opt-out requests to demonstrate compliance in the event of a legal inquiry.
Disclaimer: The above information is provided for educational purposes only and does not constitute legal advice. Users should consult with their own legal counsel to ensure that their marketing practices comply with the TCPA and any other relevant laws or regulations. Delta Wholesaling SMS assumes no responsibility for ensuring user compliance.
1.7 Applicability of Laws The user acknowledges that they are responsible for complying with all applicable federal, state, and local laws governing their marketing activities. Delta Wholesaling SMS cannot provide specific legal guidance on state laws, and users are strongly advised to consult with legal counsel to ensure compliance across different jurisdictions.
2. Client Agreement/Contract
2.1 Service Description
Delta Wholesaling SMS provides a software platform that enables clients to create, manage, and send SMS marketing campaigns. The platform includes features such as CRM integration, automated follow-ups, analytics, and reporting tools.
Delta Wholesaling SMS is a tool provider only and does not participate in the creation, review, or sending of any marketing messages.
2.2 Client Acknowledgment of Responsibilities
The client acknowledges and agrees that they are solely responsible for:
The content of all messages sent using the platform.
Ensuring that their marketing practices comply with all applicable federal, state, and local laws, including but not limited to the TCPA and the CAN-SPAM Act.
The client understands and agrees that Delta Wholesaling SMS does not supervise, monitor, review, or endorse any marketing activities conducted by the client.
No Oversight Disclaimer: The client acknowledges that Delta Wholesaling SMS does not verify the compliance of their marketing campaigns and has no obligation to monitor the client’s activities for compliance or legality.
2.3 Indemnification and Client Liability
The client agrees to indemnify, defend, and hold harmless Delta Wholesaling SMS, Delta Group Enterprises LLC, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
The client’s use of the platform.
Any breach of this agreement by the client.
Any violation of federal, state, or local laws, including but not limited to the TCPA, resulting from the client’s marketing activities.
Any complaints or legal actions brought by recipients of unsolicited or unwanted messages sent by the client.
2.4 Limitation of Liability
Under no circumstances shall Delta Wholesaling SMS or Delta Group Enterprises LLC be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the client’s use of the platform.
Total Liability Cap: The maximum liability of Delta Wholesaling SMS, if any, shall be limited to the total amount paid by the client for the services during the 12-month period immediately preceding the claim.
The client expressly acknowledges that they are using the software at their own risk and that Delta Wholesaling SMS assumes no responsibility for any penalties, fines, or legal actions taken against the client as a result of their marketing practices.
2.5 Compliance Disclaimer
Delta Wholesaling SMS provides a platform for sending SMS messages but does not provide legal advice or guidance on compliance with marketing laws or regulations.
The client is solely responsible for consulting with their own legal counsel to ensure that their marketing practices meet the requirements of the TCPA, the CAN-SPAM Act, and any other applicable laws.
Educational Advisory: Delta Wholesaling SMS advises clients to follow best practices, including obtaining express written consent, maintaining clear records of consent, and providing opt-out mechanisms in all marketing messages.
2.6 Termination of Service
Delta Wholesaling SMS reserves the right to suspend or terminate the client’s access to the platform if the client is found to be:
In violation of these terms.
Engaging in unlawful or unethical marketing practices.
Posing a risk to the platform’s integrity, functionality, or reputation.
Ongoing Obligations: Termination of service does not absolve the client of their obligations under this agreement, including indemnification and limitation of liability.
2.7 Governing Law
This agreement shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of laws principles.
2.8 No Monitoring or Control Clause
Delta Wholesaling SMS does not monitor, control, review, or endorse the content of any messages sent by the client.The client acknowledges that they are fully responsible for their own marketing practices, compliance efforts, and the consequences of their actions.
2.9 Severability
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
2.10 Entire Agreement
This agreement constitutes the entire understanding between the parties regarding the use of the Delta Wholesaling SMS platform and supersedes all prior agreements, understandings, or representations, whether written or oral.
3. Cookies & Licenses
Cookies We employ the use of cookies. By accessing Delta Wholesaling SMS, you agreed to use cookies in agreement with the Delta Wholesaling SMS Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License Unless otherwise stated, Delta Wholesaling SMS and/or its licensors own the intellectual property rights for all material on Delta Wholesaling SMS. All intellectual property rights are reserved. You may access this from SMS Delta Wholesaling for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Delta Wholesaling SMS
Sell, rent or sub-license material from Delta Wholesaling SMS
Reproduce, duplicate or copy material from Delta Wholesaling SMS
Redistribute content from Delta Wholesaling SMS
This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Delta Wholesaling SMS does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Delta Wholesaling SMS, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Delta Wholesaling SMS shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Delta Wholesaling SMS reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
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 Delta Wholesaling SMS 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.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
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;
community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
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 Delta Wholesaling SMS; 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 SMS Delta Wholesaling. 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 Delta Wholesaling SMS's logo or other artwork will be allowed for linking absent a trademark license agreement.
4. iFrames & Privacy Policy
iFrames 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.
Content Liability 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.
iFrames 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.
Content Liability 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.
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.
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