Terms and Conditions
Acceptance of terms with Frogzog, LLC including all subsidiaries of Frogzog. For use of Frogzog Services.
By subscribing, texting and browsing, and continuing to use the Service, you agree to the Terms outlined in this document. Frogzog reserves the right to update and change, from time to time, these terms. Terms and conditions set forth herein constitute the full and complete agreement between you and Frogzog, LLC., including all of its named and un-named subsidiaries for use of Frogzog mobile marketing service ("Frogzog"). This includes use of services named as Frogzog Connect, ZingTxt, and Frogzog, along with any other un-named legal subsidiaries of Frogzog, LLC. By using Frogzog website, mobile platform, messaging services, support services, any software, or any other products or services of Frogzog, you agree to be bound by the terms of this agreement and any documents incorporated by reference.
Use of Site. Frogzog, LLC. ("Frogzog") authorizes you to view and/or download the materials at this Website and other Frogzog Websites that are linked to this site or affiliated with this site (collectively, the "Site"), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Frogzog EXCEPT: only for your personal, non-commercial use, including the evaluation of our service, web or SMS related, software products, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any other purpose is prohibited.
The Service allows you to receive mobile messages (i.e. text coupons, announcements, etc.) you subscribed to. To use the Service, you must register for a subscription.
Frogzog Connect is a named subsidiary of Frogzog, LLC. All applicable terms and conditions remain the same for all Frogzog Connect users. By accepting the terms and conditions of Frogzog, LLC, that constitutes acceptance of all conditions for Frogzog Connect, including buy not limited to all legal and ethical descriptions outlined in the document. Frogzog Connect is intended to allow authorized users and organizations the ability to post messages and notifications to their respective organizations. Content requirements and delivery requirements fall under the standard guidelines for use of all Frogzog, LLC. Services. Acceptance of these terms and conditions does not guaranteed service availability as outline in this agreement. Frogzog Connect may be altered or canceled at anytime without notice to merchants or users.
When Frogzog Connect is used in a educational environment, proper oversight is required to regulate content and delivery. Liability terms are outline in this agreement and apply to all Frogzog Connect use. Any misuse of this service is prohibited and accounts are subject to cancellation without notice. Suggested usage rates and notification types are included in the general descriptions on Frogzog Connect user interface.
Frogzog Connect notifications are intended for quick information dispersal to a key group of contacts within your organization. It is not intended to send out or replace messages accessed through your Frogzog Connect code (e.g., @FrogzogHS).
In case of an emergency use 911 or other available emergency services. Frogzog Connect notifications can be useful to update your contacts about developing situations but cannot be used as a replacement for emergency services. Text messages may not be delivered immediately depending on individual wireless providers and wireless coverage. Frogzog is not held responsible or liable for service outages or the content of a messages and notifications sent by any organization using a Frogzog Connect account.
Notification messages are calculated by the total number of inbound (MO) and outbound (MT) messages sent and received through the Frogzog Connect account for each organization. Limits to those messages are set at time of contract and can vary by account. The recommended monthly limit for the notifications feature is set 2,500 and is subject to change without notice at anytime. The total number of notification contacts allowed through and account is determined at time of contract. All limits for total contacts, message usage limits and pricing will vary by organizational Frogzog Connect account and is subject to change with 60 day written notice. All other general terms and conditions for Frogzog apply to any Frogzog Connect Account.
Copyrights, Trademarks And Service Marks.
The various marks used in connection with the Services represent some of the marks currently owned or controlled by Frogzog or under license to Frogzog. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Frogzog worldwide proprietary ownership rights, and Frogzog may own or control other proprietary rights in one or more countries outside of the United States.
For any Communications that cannot be legally assigned to Frogzog, you hereby grant Frogzog and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Frogzog is free to use any ideas, concepts, know-how or techniques that you send Frogzog for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.
You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to Frogzog or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.
Links To Third Party Web Sites.
The Services may provide links to other third party websites or resources. Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Frogzog has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Frogzog makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that Frogzog is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Frogzog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees ("Fees"). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee.
By sending and receiving text messages, emails, and other communications using the Services, you agree that Frogzog is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.
Frogzog adheres to the Mobile Marketing Association's Code of Conduct for Mobile Marketing and Consumer Best Practices Guildelines for Cross-Carrier Content Programs. Therefore, Frogzog will not subscribe you to any text messaging program without your choice to opt in to the program. Frogzog will also provide clear instructions on how to cancel a subscription to which you have opted in.
The materials, information and services provided in the services are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Frogzog does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the site, the software, the content of the site or the software or any other websites linked to or from the site.
Frogzog does not warrant or make any representations regarding the use or the results of the use of the materials, data or information in the services in terms of their correctness, accuracy, reliability, or otherwise. while Frogzog may make reasonable efforts to provide accurate and timely information about frogzog on the site, you should not assume that the information provided is always up to date or that the site contains all the relevant information available about Frogzog. Frogzog undertakes no obligation to verify or maintain the currency of such information.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of the services. Information published at the site may refer to products, programs or services that are not available in your geographic location.
The information presented on the site or broadcast from the site with website software by Frogzog from frogzog publications, writings and/or third party books or writings is for information purposes only and is not meant to serve as a substitute for professional legal or financial advice which should be obtained through consultation with appropriate professionals in your state.
Limitation of Liability.
In no event will frogzog, its suppliers, or other third parties mentioned in the services be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption, or caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages) arising out of the use, inability to use, or the results of use of the services, any web sites linked to the site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information or services from the site or the software results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, frogzog total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of the services, its content or links, shall not exceed the amount you paid to access this site.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
Frogzog from its offices within the United States of America controls the Services. Frogzog makes no representation that the Content in the Services is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
You agree to indemnify and hold Frogzog and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Frogzog Service or your violation of any law or the rights of any third party. Frogzog nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) know as "information" and shall not be bound in any manner by any information contained on the website. Frogzog reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
1. Governing Law - You agree that these terms of service or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory common law and equitable claims) between you and Frogzog, arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Frogzog Service, Frogzog's advertising or any related transaction shall, to the maximum of extent permitted by applicable law, be governed by the laws of the State of Utah, without regard to its conflict of laws rules.
2. Binding Arbitration - Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory common law and equitable claims) between you and Frogzog, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Frogzog") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the Frogzog Service, Frogzog's advertising or any related transaction shall be resolved exclusively and the possibility of finally by binding arbitration administered by the American arbitration association, Jams or the National Arbitration Forum, in accordance with their applicable rules, or and other established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration will be limited solely to the dispute between you and Frogzog. Neither you nor Frogzog shall be entitled to join or consolidate claims by or against other customers or arbitrate any claim as representative or class action or in a private attorney general capacity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions - Any claim or cause of action arising out of or related to your use of the Frogzog Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
The Quick Code feature is available to merchants as text-able shortcut keywords that deliver merchant offers directly to customers when consumers text in the Quick Code.
Requirements for use of Quick Codes include but are not limited to the following:
- All Quick Codes requests are reviewed and authorized by Frogzog prior to use.
- All Quick Codes require the use of the "#" sign before all text for the code to work properly. (example: "#frogzog")
- Quick Codes must be directly related to the merchants' business name and brand.
- Use of names associated to registered trademarks, signature marks, or copy written content required written proof of authorized use from the marks corporate entity.
- Use of common commodity names or descriptions cannot be used (example: "pizza", "oil", "movie") as Quick Codes. Common commodity names are available to all merchants for use in the keyword section on all offers.
- All quick codes are reviewed on a regular basis and are subject to termination without notice if any violations are identified.
- Frogzog is not responsible for the misuse of any Quick Code in merchant advertising, collateral or communications from merchants.
- Frogzog is not responsible for any confusion caused by the merchant selection of a Quick Code and the use by consumers. This includes incorrect spelling, missing characters, or combination of letters or numbers by the merchant for use in their Quick Code.
- Disputes fall under the standard terms and conditions disputes section for the use of Frogzog services. PDF copies can be requested at email@example.com. Quick Code disputes are to be in written form and submitted to the address below.
- All other Frogzog general terms and conditions apply.
Merchant Subscription Plans.
Merchant subscription plans include includes text(s), offers, coupons and messages for eligible rates plans offer unlimited text messages based on fair use criteria. Fair use is defined as text message use within reasonable parameters for each account. Misuse or abuse of the Frogzog network is subject to cancellation without notice. To avoid any misuse, we recommend the following guidelines on a per plan basis as the typical amount of text messages a plan would use during a given month. Premium plans are eligible for up to 10,000 messages/month, Standard Plans are eligible for up to 5,000 messages/month and Basic plans are eligible for up to 2,000 messages/month. Corporate plans are available on a contract basis. A fee associated with over use may be assessed at 2.5• per message. Notification of any overage will be sent to the merchant prior to overage charges being processed. Free plans are not eligible for upgrade and are limited to 1 location and 1 offer per merchant account. All plans are subject to change without notice. Valid credit card information is required on all accounts on any available plan including the Free plan. Messages are calculated as the total number of messages sent in each offer string whether whole or part. Some elements of messages may not be accessible, viewable, or seen due to limitations on certain wireless phones, PCs, or other networks. Messages are limited to 160 characters per messages. Frogzog does not guarantee delivery of messages. Text(s), offers, coupons and messages not delivered within 2 days will be deleted. Frogzog reserves the right to change this delivery period as needed without notification. Frogzog reserves the right to change the message size limit at any time without notification.
Content, Messages, Offers & Keywords.
Merchants and service users understand that all postings, messages, offers, titles, and keywords or other information ("Content") posted on, transmitted through, or linked from Frogzog the Service, are the sole responsibility of the merchant from whom such content originated. More specifically, merchants are entirely responsible for each individual item ("Item") of content that the merchant posts or otherwise makes available via Frogzog. Frogzog is not responsible for content made available through the Service, and that by using the Service, you may be exposed to content that is may be considered offensive, inaccurate, misleading, or possibly objectionable. Furthermore, the Frogzog site and content available through the Service may contain links to other websites, which are completely independent of Frogzog. Frogzog makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Frogzog is not liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, text, otherwise made available via the Service. Frogzog does not pre-screen or approve content, but that Frogzog shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the terms of conditions of use for any reason.
Frogzog does not allow content that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. Content is not allowed that impersonates any person or entity, including, but not limited to and falsely states or otherwise misrepresents your affiliation with a person or entity. Content is not allowed that is false, deceptive, misleading, deceitful, misinform, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if posted on Frogzog which are not designated for such purposes who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
Frogzog does not allow content that is deemed unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or misleading. Frogzog does not allow content that is considered pornographic or sexual in any way. Content that may harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability is not allowed. You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Frogzog against any loss, liability, damage or expense of whatever nature which Frogzog or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. Frogzog does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction.• By accessing the website, you warrant and represent to Frogzog that you are legally entitled to do so and to make use of information made available via the website. Frogzog does not allow content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics). No messages are allowed that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
All content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Federal or State law.
Merchants also agree not to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service. Use any form of automated device or computer program ("flagging tool") that enables the use of Frogzog's service without each offer being manually entered.
Frogzog reserves the right in its sole discretion to terminate or restrict your use of the Frogzog Service, without notice, for any or no reason whatsoever.
Service cancellation requires one (1) month advance notice prior to the end of the month as Frogzog billing cycles are the beginning of each month. Please contact your account executive for Service Cancellation Form and follow up with Frogzog Customer Care if you do not receive a confirmation email within five (5) business days after your fax. Unused credits and services are not refundable.
Acceptance of Terms.
You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the services.
We believe electronic messaging is a compelling tool for sending useful and on-demand information. We are opposed to the sending of unsolicited messages. We respect the privacy of other's and understand that spamming is a big concern.
We support a stringent anti-spam policy as outlined below. If you feel you have been spammed, please contact customer support or follow any of the three steps at the bottom of this page.
- The recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients.
- The recipient has not verifiably granted deliberate, explicit, and permission for it to be sent.
- The transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
- We do not send spam.
- We do not knowingly do business with any company or person that sends spam.
- We do not sell or trade personal information we gather from prospects or clients.
- We adhere to the standards set forth by the Mobile Marketing Association in its Code of Conduct for Mobile Marketing and Consumer Best Practices Guidelines for Cross-Carrier Mobile Content Programs.
And we do not tolerate the sending email or SMS that:
- Has been sent through a protected computer without authorization, either by initiating the sending through the protected computer or by using the protected computer to relay the email or SMS.
- Contains false or invalid header information.
- Contains false or invalid domain name information.
- Contains false, invalid or misleading information in the subject line or the body of the email or SMS.
- Is sent through domain names or email addresses that have been set up to obscure the identity of the individual sending the email or SMS.
- Otherwise obscures the true source or origin of the email or SMS.
How to opt-out.
If you feel you have been spammed, we suggest you do one of the following:
There is a link which enables you to unsubscribe from our customers list. By clicking that link you will automatically be taken off their list (after confirmation on the web page). This feature is obligatory for our clients and we add it automatically to any email we send on their behalf. You can be assured that you will be removed from their list. To be certain you are not sent any emails from any person or company that utilizes our service, you can take it one step further by sending an email to firstname.lastname@example.org with Stop in the body. This will take you off all the lists of all of our customers. Be careful when choosing this option as you may terminate an email newsletter or offer you might wish to receive.
If you receive an unwanted SMS from our service, simply send the keyword "Optout" to 40123 and a list of merchants you are subscribed to will be sent back. Optout of any or all of them by following the instructions provided. If you would like to Optout of all Frogzog messages include your ability to search without Opting in to any merchant, reply with Stop and you will be moved to the "no-contact" list of all of our customers. You can also send a message with HELP in the body to receive a list of valid commands to stop or reactivate your cell phone in our system. If you believe you have tried the above methods to unsubscribe and you are still receiving unwanted mail from our service, we would like to speak with you to make absolutely sure that it does not happen again. We take spamming very seriously, and wish to eliminate any culprits that are abusing our service.
If you have any questions about terms and conditions of use, please feel free to contact us through our website or write to us at:
Terms & Conditions, Privacy Department
22 South 1400 West
Centerville, UT 84014 USA