Agreement Between You, Sponsors, and 2Hoots

The 2Hoots notification service (hereinafter "Service") is offered to you conditioned on acceptance by you and sponsor (if a sponsored service ) (collectively "you") without modification of the terms, conditions, and notices contained herein. By accessing and using this service, you agree to be bound to all such terms, conditions, and notices (the "Agreement").


Use of 2Hoots

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Service according to all terms and conditions herein. You agree to be financially responsible for all use of this Service. You agree not to assign, transfer or sublicense your rights according to this Agreement. Without limitation, you shall not provide any false or fraudulent information for use of the Service. In the event 2Hoots determines that an individual has provided any false or fraudulent information for use of the System, 2Hoots reserves the right to cancel all services and to prohibit the You from any Services from 2Hoots. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Service.


This Service is for your personal, noncommercial use only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Service without 2Hoots's prior written permission. You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper working of this Service. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 2Hoots reserves the right to investigate any illegal and/or unauthorized use of this Service, including, but not limited to, unauthorized framing of this Service or unauthorized use of any robot, spider, or another automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.


Pricing for 2Hoots

All customers and sponsors will be billed and financially responsible for amounts based on current rate charges from 2Hoots. The rate may change from time to time and will be reflected in invoices or other communication with you.


Copyright and Trademark Notices

All content of this Service is Copyright © 2Hoots and/or its affiliates, suppliers, subsidiaries, or other owners or associated businesses which can be contacted at P.O. Box 83672, NE 68501. Any other names or marks of 2Hoots referenced on this Service are service marks or registered service marks of 2Hoots or its assigns. Unless otherwise indicated, all service marks, trademarks, and logos, whether registered or not, as well as trade dress, located at the Service are the sole and exclusive property of 2Hoots. Other product and company names mentioned herein may be the trademarks of their respective owners.


Liability Disclaimer

The information, software, products, and services published on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. 2Hoots, and/or its suppliers may make improvements and/or changes in this Service at any time. 2Hoots and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Service for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. 2Hoots and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall 2Hoots and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Service or with the delay or inability to use this Service, or for any information, software, products, and services obtained through this Service, or otherwise arising out of the use of this Service, whether based on contract, tort, strict liability or otherwise, even if 2Hoots and/ or any of its suppliers has been advised of the possibility of damages. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.


Links to Third Parties' Services

This Service may contain links and pointers to Internet sites maintained by third parties. 2Hoots does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links and pointers are included solely for your convenience and do not constitute any endorsement by 2Hoots and/or its suppliers. You assume sole responsibility for use of third-party links and pointers.


Software Available on This Service

Please note that all software, including without limitation all code and controls contained in this Service, is owned by 2Hoots and/or its suppliers and is protected by intellectual property and other laws, including without limitation copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


Use of Information

Any communications you send to this Service or otherwise to 2Hoots by electronic mail are on a non-confidential basis, and 2Hoots is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way for any purpose. 2Hoots shall be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of goods or services.


The information provided on this Service is provided solely for your reference purposes and should not be relied upon in connection with any investment decision. The information provided on this Service does not constitute an offer to sell or the solicitation of an offer to buy any securities.


Indemnity

As a condition of use of this Service, You agree to indemnify 2Hoots and its suppliers from and against all liabilities, expenses (including attorney's fees), and damages arising out of claims resulting from You's use of this Service, including without limitation any claims alleging facts that if true would constitute a breach by You of these terms and conditions.


Service Contact

If you wish to contact us, please use the information listed below to reach the Electronic Support Desk. Please include your name, address and in all correspondence.


E-mail: support@2Hoots.com.
Phone: In the U.S. and Canada: (714) 584-7645
Address: 2Hoots
 P.O. Box 83672
 Lincoln, NE 68501


General

2Hoots reserves the right to make all changes to this Service at its sole discretion without notice to the You. 2Hoots reserves the right to deny access to this Service to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Service; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.


This Agreement is governed by the laws of the State of Nebraska, U.S.A., without reference to conflicts of laws provisions. You consent to the exclusive jurisdiction and venue of courts in Lancaster County, Nebraska, U.S.A. in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Any rights not expressly granted herein are reserved.


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2Hoots Messaging Policy

Last Updated: March 14, 2022


This Messaging Policy applies to all 2Hoots messaging channels. We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step 2Hoots and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages are sent with the consent of the message recipient, and that those messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency.


2Hoots Messaging

This policy applies to all customers who use 2Hoots's messaging channels. If you provide your own end users or clients with the ability to send messages through 2Hoots, for example as an ISV (Independent Software Vendor), you are responsible for the messaging activity of these users. You must ensure that any messaging activity generated by your users is in compliance with 2Hoots policies.


Consent / Opt-in

What Is Proper Consent?

Consent can't be bought, sold, or exchanged. For example, you can't obtain the consent of message recipients by purchasing a phone list from another party.


Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using 2Hoots's platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers.


Consent Requirements

Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them - this is referred to as "consent", you must make clear to the individual they are agreeing to receive messages of the type you're going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.


If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.


The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can't treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.


Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages.


Alternative Consent Requirements

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.


Contact initiated by an individual


If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual's inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don't send messages that are outside that conversation.


Informational content to an individual based a prior relationship


You may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.


The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.


Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient's consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient's preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.


Identifying Yourself as the Sender

Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.


Opt-out

Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.


Usage Limitations

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. 2Hoots prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include:

Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to:

Harassment, exploitative, abusive, or any communications that originate from a hate group.

Fraudulent messages.

Malicious content, such as malware or viruses.

Any content that is designed to intentionally evade filters (see below).


Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards.


You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.


Messaging Policy Violation Detection and Prevention Evasion

Customers may not use 2Hoots's platform to evade 2Hoots's or a telecommunications provider's unwanted messaging detection and prevention mechanisms. Subject to 2Hoots's Privacy Policy 2Hoots collects and monitors the content of text messages that are transmitted via 2Hoots's platform to certain countries in order to detect spam, fraudulent activity, and violations of 2Hoots's policy.


Examples of prohibited practices include:

Content designed to evade detection. As noted above, we do not allow content which has been specifically designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases which have been specifically created with the intent to evade these mechanisms.

Snowshoeing. We do not permit snowshoeing, which is defined as spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms.


How We Handle Violations

When we identify a violation of these principles, where possible, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to 2Hoots's platform for customers or customers' end users' that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.